Moriarity v. Small World Adoption Foundation of Missouri

04-CV-394

Judge Mordue Background:

In this wrongful adoption case, the defendants moved for an order precluding plaintiffs' seeking recovery for any expenses incurred after their adopted son reaches the age of 21, anything other than out-of-pocket extraordinary medical expenses, an offset for expenses paid by medical insurance, Medicaid, public programs or charity and precluding the plaintiffs from testifying on what anyone in the Ukraine told them about medical conditions on the grounds it would constitute inadmissible hearsay. Ruling: The motion is granted only so far as the defendants are entitled to an order precluding the plaintiffs from seeking recovery for any expenses incurred after Lee reaches age 21 since the plaintiffs are not responsible for those expenses at that point. The offset for public programs is denied as premature as well as the claim as to possible hearsay.

James W. Cunningham of Smith & Sovik Law Firm for the plaintiff, and F. Douglas Novotny for the defendant