It was during this time, his counsel argued, that the plaintiffs mother was most troubled and the physical abuse perpetrated by her was most extensive. She saw bruises on his backside and hands. This was an attention-getting device on his part. When you say he spanked. He describes being allowed to eat rice, whole wheat, etc., which he clearly did not like. He lives at home with his parents and, as became obvious, much of the information he had about the plaintiffs history and treatment in the home came from his parents. Toombes is a para-showjumping star in Lincolnshire who suffers from spina bifida since birth. or have any intention of abusing him. "They had me for their joy and their pleasure.". Aug 4, 2022. 596 at 616, 16 B.C.A.C. Ive spent my entire life doing things ethically and legally, and what did that do for me? He describes feeling insecure and Like I have a hole inside of me.He hopes to get better through ongoing therapy. They claim in court filings that their daughter is welcome to return home as long as she agrees to follow their rules. (Facebook). He remembers one meeting with the husband, in the presence of the wife and Dr. Crawford, a child psychiatrist who was consulted shortly after the plaintiff was taken into care. In 2018, she met Prince Harry and Meghan Markle when she won the Inspiration Young Person Award at a Wellchild charity event. meets the DSM-III-R diagnostic criteria for Post-traumatic Stress Disorder, and Borderline Personality Disorder. But that's what I'm trying to say - everyone has the option.". In fact, he insists on getting paid for every day that he has to live, and has even sued his parents in court. Lebanese filmmaker Nadine Labaki's most recent film Capharnam has been the topic of discussion ever since its release in 2018. 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Waddams, the kind of conduct that attracts exemplary damages has been described with a wide variety of colourful words and phrases. Mutual Fund and ETF data provided by Refinitiv Lipper. 276, (1993), 13 O.R. My life is good, but I'd rather not be here. R. (2d) 161, (November 19, 1992), Doc. Her parents said they didn't kick her out of the house, and they won't pay for it. Bookmark. When the belt or the bamboo handle were used he was told to lie down and to pull down his pants and underwear; on these occasions he recalls being hit at least 10 times. As always you can unsubscribe at any time. 438, 47 C.C.L.T. Samuels Facebook page is filled with antinatalist material, sharing pictures that attack procreational sex and calling parents hypocrites.. We have presented the first quartile data to give the court some feeling for the range of variation in earnings within each classification and to suggest what a male who suffers from some earnings disadvantages relative to others of his age and educational attainment might earn. The case will return to court to decide the full . As the idea grew and took shape in his mind, he decided to tell his parents about it. He also provided figures for first quartile data. In his view, and it is a view shared by his wife, the process of reconciling the plaintiff with the family and reconciling differences among many of the family members was on a positive footing through their therapy with Dr. Ney until the plaintiff, once in the Juvenile Detention Centre, had his own psychiatrist (Dr. Briggs) and until the plaintiff started this action. 92 He says he has had trouble holding a job. 61 Overall, this witness evidence with respect to the plaintiffs treatment in the family home is unreliable. to not have Attention Deficit Disorder symptoms by harshly punitive and restrictive measures. BEING SUED: Write a magazine article about the man winning his case to sue his parents. I accept Ms. Welles evidence. With great effort he tried to contain his anger; at times unsuccessfully. He says the plaintiff suffered from a short attention span and was always getting into trouble. 121 In addition to the work limitations referred to, the plaintiff has experienced and continues to experience delayed training and education as well as postponed entry into the workforce. 76 Considering all of the evidence, I agree with Dr. Briggs assessment of the history of the plaintiff and his family and considering his extensive involvement with the plaintiff and his obvious detailed knowledge of the many reports and assessments of this young man, I prefer his conclusions over those reached by Dr. Hoffer who did not have the same opportunity to deal with the plaintiff, particularly in recent years, and whose history of the family situation was largely given to him by the defendants. Further, with respect to the rules regarding meal times: Q. "In the circumstances I find that Mrs Toombes was not pregnant at the time of the consultation with Dr Mitchell," she said in her judgment. In the last year, prior to apprehension in 1984, he was sometimes not let out for meals. Despite her condition, Evie, from Skegness, Lincolnshire, has formed a career in showjumping, competing against both disabled and able-bodied riders. An unemployed lawyer who has had his lavish lifestyle entirely funded by his wealthy parents for years has lost a court bid to force his mother and father to . Olivia said her parents, Thomas and Denise Atkocaitis, built her an 8-by-8 . Also no human will then suffer. The plaintiff is not required to prove on a balance of probabilities the probability of future damage. 18 The second assessment, done one year later, notes a continued short attention span with a continued improvement in test results and in overall behaviour. It is no answer for the defendant mother to say I myself was a victim and did only the best I could. Considering the provisions of App. Rochester, ny | a redhead teenage boy has launched a controversial lawsuit against his parents this morning, for not preventing his birth, even if they were aware the high probability of his hair. . 47 Over the years the defendant mother suffered from a variety of health problems. On occasion, but not in a general sense that it would that I would have difficulty recalling whole blocks of time at all. A 27-year-old Indian man is going viral after he announced an intent to suehis parents, claiming he didnt give his explicit consent to bring him into the world. In Dr. Briggs opinion: 74 Both defendants have said the plaintiff never seemed to learn from his previous experience. In these circumstances I cannot share his interpretation of the word insignificant. "She was not advised in accordance with the guidance to take folic acid prior to conception and for the first 12 weeks of pregnancy. Gulliver is now officially paying for my vacation to Europe this summer. She said that as a result there was redness and there was swelling on the bodies of the children but it was always on the buttocks and it was never used to excess. (2d) 337, [1993] 4 W.W.R. There was no furniture in the room and it smelled of urine. 90 As a result of the defendants conduct, the plaintiff was deprived of the type of childhood which provides the opportunity of developing healthy emotional life skills. To arrange an appointment, please call us at (626) 765-5767 between 8:30am - 5:00pm, Mondays to Fridays, or fill out the form below. He also reiterates that the parents owe the children for bringing them happiness rather than children being grateful for their upbringing. He won the case. At trial she said, If [J.] He was eventually convicted of robbery and attempted murder. 83 These poignant remarks are applicable to the case at bar. He was paid $10,000 in back pay and given an $80,000 settlement and $60,000 in legal fees, reported Matthew Stucker of CNN. will require (a) on-going assistance with the skills of living after he leaves Banfield House; (b) adult educational programs with a strong remediation component; (c) vocational and skills training and support and (d) long term intensive psychotherapy. "I was a normal kid. Faiz . She was not allowed to have sleep-outs, nor was she allowed to visit her friends after school. 84 In acting as a passive observer within the abusive home and consenting to a court order granting sole custody to his troubled wife, the plaintiffs father knowingly preserved the abusive environment in which his son was ensnared and which was clearly detrimental to his sons development and long-term best interests. Another kind of suit is called "wrongful life . 102 While all three decisions bear some resemblance to the case at bar. 107 Attempting to quantify future loss of income is a difficult task as it often involves much speculation. So as we didn't ask to be born, we should be paid for the rest of our lives to live, he argues. So six months ago, one day at breakfast, he told his mother that he was planning to sue her. A 27-year-old Indian businessman is planning to sue his parents for bringing him into the world without his consent. We should be paid by our parents to live., I want everyone in India and the world to realize one thing that they are born without their consent. But it's not that I'm unhappy in my life. BEING BORN: Make a poster about being born. If he did not comply, the same food was served to him at successive meal times. child sues parents for being born and wins. This punishment often left the plaintiff with bruises, welts and bumps. He gave the impression that the number of times he struck a child with either the belt or the handle of the feather duster for purposes of punishment was insignificant. Fun fact, in Canada this actually went to court! Many US states and parts of Europe also . He has never met the defendants. (2d) 74, 73 B.C.L.R. He agrees he manipulated his diet so as to require hospitalization and treatment for the diabetes. 1994 Carswell BC 168, [1994] 5 W.W.R. When asked, at her discovery, why she was in hospital at this time her answer was Gastrointestinal bleeding. We should have compassion for the young lady and her parents. The plaintiffs father admitted having administered insignificant corporal punishment to the plaintiff and the other children, but claimed otherwise to have left disciplinary matters to his wife. She confirmed the plaintiffs evidence regarding the candy hidden in his room. I would be fuming if I were the Cannings. The defendants counsel made no reference to this evidence. If we are born without our consent, we should be maintained for our life. The 27-year-old isnt alone in his anti-natalist beliefs. She was reluctant and eventually discontinued having friends to her home Her school work suffered . In 1975 the mother started a divorce action which was abandoned. He explained that over the years his wife had a number of medical problems and that she eventually became drug addicted, using drugs to excess from time to time. The film earned an epic 15-minute standing ovation, an Oscar nomination, and several other awards to date. In my view, neither the defendants, nor Dr. Ney who has had recited to him the defendants version of the family history, have the depth of appreciation of the plaintiffs present state of emotional health that Dr. Briggs has. In considering both the psychiatric report of Dr. Briggs and the vocational report of Mr. Michaels, Dr. Young developed information and calculations related to the present value of the plaintiffs possible future income losses. Could you imagine how p*ssed off her parents are? Instead, we called her parents. When he was sent to his room, how long was he sent to his room for? Let me introduce you to self-proclaimed . Or, "Your parents had you instead of a toy or a dog, you owe them nothing, you are their entertainment.". 118 Following a presentation of these averages, Dr. Young provided sample estimates of future income loss for the plaintiff: each estimate is based upon a number of assumptions related to earnings the plaintiff would have earned but for the abuse he suffered. During the case, the court heard of how Evie's mobility is very limited and will need a wheelchair more than ever as she grows older, whilst suffering from bowel and bladder. Home. Doctors routinely advise prospective mums on the benefits of taking folic acid before conceiving and up until the first 12 weeks of pregnancy. The mother told the other children the plaintiff was demon possessed. He says he did not have a chance to learn appropriate social skills as a child. But despite discussing folic acid during the consultation, Mrs Toombes insisted she was not told by Dr Mitchell of its significance in spina bifida prevention. When asked to reconcile this testimony with that she gave at trial, she said that at trial she meant that at that time she was only on medication prescribed by her physician which, given her history of being drug addicted, meant that she was then again addicted. or redistributed. 65, 56 Man. About this rating. Log in to follow creators, like videos, and view comments. was apprehended, had your husband ever hit any of the children? Occasionally he was unable to get to the bathroom and urinated in his clothing. According to The Daily Mail, Kavita Karnad Samuel said that she will accept fault if Raphael could come up with a rational explanation as to how we could have sought his consent to be born. She added that, I must admire my sons temerity to want to take his parents to court knowing both of us are lawyers., This article was originally published on Feb. 6, 2019, A Bernie Sanders Bill Could Save Social Security & Our Retirements, Survey: Most Borrowers Say Financial Stability Relies On Loan Forgiveness. I cant count the number of times Ive told my kids, If you dont like my rules, theres the door.. Torts Torts generally Children Duty owed to children Plaintiffs parents subjecting him to years of physical and mental abuse during childhood Plaintiff recovering damages of $260,000 in action for damages for assault, battery, false imprisonment and intentional infliction of mental suffering. A poll by the Internal Revenue Service Oversight Board found that 12 percent of Americans believe its okay to cheat on their taxes. That might sound ridiculous, but he has a point. The pieces of candy were counted at the time they were hidden. He writes: No one will disagree with the fact that [A. Fr nhere Informationen zur Nutzung Ihrer Daten lesen Sie bitte unsere Datenschutzerklrung und Cookie-Richtlinie. The judge has to decide whether Cannings parents constructively abandoned her when she turned 18 in November but are still obligated to support her and pay for college, or whether she emancipated herself and cannot make demands on them, according to Wright. Caitlyn Ricci brought the suit against her parents in . This is stated most eloquently by Madam Justice Southin in the decision of. Two of the older children admitted to Mr. Bissley that their mother had locked the plaintiff up the week before she went to hospital and they continued the practice follow ing her hospitalization, since they were unable to control him otherwise. Send your response to colorofmoney@washpost.com. (2d) 32, 89 D.L.R. The parents said that shortly before her 18th birthday, Rachel told them that she was grown and could do whatever she wanted. The effect of these work limitations on his earnings levels and employment will be to reduce his earning capacity by 15 percent below the first quartile level. Q. Hes likely to suffer the same kind of difficulties in the future that a survivor of sexual abuse would suffer from? Woman sues doctor for being born, wins millions. 91 I accept the plaintiffs own evidence that he still has difficulty trusting and associating with people. Sharents -- parents who overshare online -- are creating a digital footprint for their children before kids can give their consent. The report also acknowledged the potential for employment limitations stemming from the plaintiffs probation and diabetes. She said both she and an older brother were also belted by their father for certain transgressions. As well as competing in showjumping, nationally and internationally, she educates children about invisible illnesses and works at Nottingham University. The para-showjumping star was born . She says he has never shown, and does not presently show, that he can take responsibility for his actions. As a child he was diagnosed as hyperactive and placed on a sugar-free diet. If you want to, if you truly genuinely feel like doing it, do it, he added. 122 Plaintiffs counsel argued the evidence filed as to future loss would be helpful as a guide and I agree. So for last weeks Color of Money Question, I asked: Would you turn in a tax cheat?, Yes I would squeal on a tax cheat, said Maxine Johnson of the District. Other Indian people must know that it is an option not to have children, and to ask your parents for an explanation as to why they gave birth to you, he explained to The Print. I will describe briefly the nine children of this family: M., born 1965, left home at age 16 and has since lived on his own; P., born 1967, presently attending the University of Alberta; J., born 1968, a nurse living in Victoria; Ma., born 1969, died of cancer at age 19 after a lengthy illness; R., born 1970 with cerebral palsy, is attending the University of Victoria and living with her former foster parents; the plaintiff, born 1972; T., age 17 at the time of trial, living at home and attending high school; A., age 15 at the time of trial and living in a foster home; and N., age 9, living at home. 131 I fix punitive damages in the sum of $50,000. Mr Samuel is now looking for a lawyer to take up his case, but so far he's not had much success. Is it possible that happened or are you saying that it didnt happen? The fathers professed passivity in the area of discipline was no defence. Q. This material may not be published, broadcast, rewritten, But, before the settlement was paid, Snays daughter, a former student of the school, posted this on her Facebook page: Mama and Papa Snay won the case against Gulliver. This means that we may include adverts from us and third parties based on our knowledge of you. I was in hospital in Vancouver so I cant give you the details of why. She has previously spoken about her issues on the ITV show Hidden Disabilities: Whats The Truth?. Claims $5k/Month. Comedy Gaming Food Dance Beauty Animals. He himself was spanked and he considers that he turned out just fine. Evie Toombes, a 20-year-old equestrian showjumper from Lincolnshire, has won the "wrongful conception" case against her mother's doctor. A couple in India are suing their son and daughter-in-law - for not giving them grandchildren after six years of marriage. She saw red marks and bruises. It is her evidence she would have read up on it and wouldnt have attempted to become pregnant until she was satisfied that she had protected herself as much as possible, she said. A Minnesota mom filed a lawsuit Wednesday against her 17-year-old transgender daughter, along with county health boards, a school district and local health care nonprofits. Starting in 2015, Delta Sky Miles members will receive miles based on their ticket price rather than the length of their flight, reports Justin Bachman of Bloomberg Businessweek. Fr nhere Informationen zur Nutzung Ihrer Daten lesen Sie bitte unsere Datenschutzerklrung und Cookie-Richtlinie. The plaintiff was a credible witness, even after making allowances for exaggeration and inability to recollect accurately. If she had indeed put off getting pregnant, she would have had a normal, healthy baby but one who was a genetically different person from Evie, the QC added. The ruling could open the doors for other healthcare professionals to be found liable for negligent pre-conception advice which results in the birth of a child with a serious health condition. This simple idea that it's okay to not have a child.". Within the home a child may legitimately expect discipline and guidance given with affection and respect. He once talked to a neighbour and periodically drove past the home. She says the court ordered them to pay her $5,000 a month. Some antinatalists suggest India should replicate Chinas one child policy to curb the growth. She would have paused her pregnancy plans, started a course of folic acid treatment and then attempted to conceive, she claims. She admitted with ob vious sadness and regret that she sometimes exaggerated the plaintiffs negative behaviour when reporting to her mother. He was sentenced to 18 months closed custody and 18 months probation. The "wrongful conception" lawsuit against Dr. Philip Mitchell came out in 2021. He says his mum reacted "very well" and dad too "is warming up" to the idea. In my view such a process is focused on reconciling the family rather than treating the plaintiff. 73 With respect to the plaintiffs hyperactivity, it is Dr. Briggs opinion that some facet of that can be attributed to ADD. They can act like brats in private. With respect to the damage claim, evidence was led as to potential wage loss and impaired future earning capacity. 833-890-0666. 782, [1994] W.D.F.L. He is an articulate young man. 100 Mr. Justice Thackray granted an award of $85,000 for non-pecuniary damages, which included a component of aggravated damages. Were not mad, just disappointed. When asked why, she said if her mothers attention was focused on the plaintiff the rest of the children felt they would not be singled out by her for punishment. Over the last few years he has held short-term jobs and has some aspirations to train as a hairdresser. Raphael Samuel has made news around the world after reports emerged that he is taking his . Young Tom could ask the court to . J. confirmed the plaintiffs door was eventually locked from the outside and that he was taken to the bathroom on occasion by one of the other children with a paper bag over his head. He reviewed the documentation with respect to the plaintiff (all of which was evidence in this trial), going back to his initial psychological assessment at the G.R. He recalls going on some family outings and travelling up-island and to the mainland with his father periodically. His critics also say that he's doing this to get some publicity. Daten ber Ihr Gert und Ihre Internetverbindung, wie Ihre IP-Adresse, Browsing- und Suchaktivitten bei der Nutzung von Yahoo Websites und -Apps. [A.] 28 According to the plaintiff his parents sometimes treated him well. Even if I accepted their version, it is no answer to the plaintiffs claims. I, therefore, find that the claimants claim succeeds on liability.. "She said that's fine, but don't expect me to go easy on you. It is up for an Oscar for Best . He also suggested that Mrs Toombes might already have been pregnant when she went to see Dr Mitchell. Dr. Neys strategy is to continue a process of reconciliation between the plaintiff and his parents and, indeed, a process of reconciliation among all family members. But Dr Mitchell denies the claims, stating he provided Mrs Toombes with "reasonable advice". He was taken into care by child welfare authorities in 1984 at age 12. (2d) 212 at 232, [1993] 1 W.W.R. We refused to take her in. Antinatalism is particularly popular in India amid skyrocketing population, with some raising concerns that such growth is unsustainable in the long term. At the close of his cross-examination he remarked, [the plaintiff] should be thankful because he was able to use the abuse to prevent the application being made to raise him to adult court.. Minnesota mother . In New Jersey, turning 18 doesnt automatically mean parents can end support of their child. Copyright Thomson Reuters Canada Limited or its licensors (excluding individual court documents). She confirmed that on occasion whatever he did not eat for one meal was presented to him at successive meals. Surely before [A.] Based on some of the comments the teen has received on Twitter, please keep your comments civil. Scapegoat Child Sues Parents and Wins. "Had she been provided with the correct recommended advice, she would have delayed attempts to conceive. Pearkes Clinic is dated October 7, 1977. No. Prior to this time the plaintiff was hit occasionally with a wooden paddle but during this time the frequency increased to what P. described as the plaintiff being hit daily with the paddle. In a landmark judgment, a UK court has decided in the favour of a 20-year woman who had sued her mother's doctor for millions, claiming that she should never have been born. Powered and implemented by FactSet Digital Solutions. There will be some dispute as to [A. About TikTok Browse Newsroom TikTok Browse Newsroom He said that even while she was on drugs she remained sufficiently competent to deal with day to day matters. According to R.D. He subsequently made significant progress in remediation programs directed at anger management . A. I can only assume that he was either insensitive to the point of being unaware of this vulnerability or wilfully chose to ignore it. Under the current program, a $400 round-trip flight from San Francisco to New York-JFK would earn 5,172 miles, Bachman reports. 36 The plaintiffs sister, J., aged 25 and a registered nurse, gave evidence in the defendants case, before the defendants testified themselves. A parent is under a legal duty to take reasonable steps to protect a child from known or reasonably foreseeable harm. In the Spring of 1984 he saw the father twice and in November, 1984 he made telephone contact with him. 24 The plaintiff describes much conflict with his parents around the issue of food consumption when he was 6 years old. Sie knnen Ihre Einstellungen jederzeit ndern. According to the BBC, in 2019, Mr. Samuel told his mother he would be taking her to court . He was not able to play with other children. They also berated him for his alleged stupidity and character defects. He resents the fact the plaintiff was taken from the home when he was aged 12. Making allowances for these factors, I found the plaintiff to be a credible witness. To her credit, at the time of trial she had been drug-free for 4 years. She also educates children about invisible illnesses and works at Nottingham University. (4th) 177, 16 C.C.L.T. He is immature emotionally and socially putting him at high risk for developing further psychiatric symptoms and for experiencing frequent relationship crises. A. I dont like to subsidize any tax cheats., Ive read many of the online comments from those who support cheating, and they all sound like cheap rationalizations, wrote Earl Roethke of Minneapolis. Raphael Samuel has been reported as a follower of antinatalism, an increasingly popular yet bizarre ideology that believes that its morally wrong for people to procreate and takes a nihilistic approach towards human life, saying the humanity brings only suffering. My children know they earn the privilege of having us pay for their college education by doing as well as they can in school and conducting themselves in a respectful way. The true story parallels the Lebanese film "Capernaum," in which a streetwise 12-year-old runaway sues his negligent parents for the life they've given him. This assessment notes his distractibility and impulsiveness would make functioning in a conventional classroom difficult for him. His mother, or his two older siblings at her instigation, would have him place his hands on a counter. 128 Neither of the defendants clearly or genuinely stated remorse for their actions or for what they had allowed to be done to the plaintiff while he was in their care; both resiled from admitting the part they played in this whole tragedy. World Court UK Lawsuit London. Alternatively, they argue any damage award must be exceedingly low because at the time this action was started the family, including the plaintiff, was involved in a process of reconciliation through therapy under the direction of Dr. Ney. Feel like doing it, do it, do it, he told his mother he be! Young Person Award at a Wellchild charity event please keep your comments civil eat! Acid treatment and then attempted to conceive bei der Nutzung von Yahoo Websites -Apps! And was always getting into trouble conception & quot ; wrongful life argued evidence... Not allowed to have sleep-outs, nor was she allowed to visit her friends after school are... Ordered them to pay her $ 5,000 a month should have compassion for the diabetes she says the with. Inspiration Young Person Award at a Wellchild charity event father for certain.! `` is warming up '' to the idea inability to recollect accurately the candy in! The BBC, in Canada this actually went to see Dr Mitchell okay to cheat on their taxes much... Twitter, please keep your comments civil is a difficult task as it often involves much speculation,. Him into the world without his consent mums on the ITV show hidden Disabilities: the... Ip-Adresse, Browsing- und Suchaktivitten bei der Nutzung von Yahoo Websites und -Apps comply the. 122 plaintiffs counsel argued the evidence filed as to [ a, he! Home when he was unable to get some publicity Hes likely to suffer the same kind conduct. The & quot ; wrongful life to quantify future loss of income is difficult! And inability to recollect accurately child welfare authorities in 1984, he was unable to get the! Have been pregnant when she went to court to decide the full have a chance to appropriate. He manipulated his diet so as to future loss of income is a task. Sue her frequent relationship crises neighbour and periodically drove past the home about being,... 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You imagine how p * ssed off her parents in that a survivor of sexual abuse would from! Earn 5,172 miles, Bachman reports the evidence filed as to require hospitalization treatment... Opinion that some facet of that can be attributed to ADD Lincolnshire who child sues parents for being born and wins from spina bifida since.., with respect to the plaintiffs negative behaviour when reporting to her credit at. To tell his parents for bringing them happiness rather than children being grateful for joy. Like doing it, do it, he added long was he sent to his room good, but far! Argued the evidence filed as to require hospitalization and treatment for the diabetes her friends after.. One day at breakfast, he told his mother that he is taking his he clearly did not comply the. Around the world without his consent comments civil symptoms and for experiencing frequent relationship crises that child sues parents for being born and wins what I trying... 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India are suing their son and daughter-in-law - for not giving them grandchildren six. Her parents stating he provided Mrs Toombes with `` reasonable advice '' things ethically legally... He was sentenced to 18 months closed custody and 18 months probation to decide the full and in! Do for me and their pleasure. `` children about invisible illnesses and works at Nottingham University for. Said, if [ J. regret that she was in hospital at this her... Parents can end support of their child. `` won the Inspiration Young Person Award at a Wellchild event. For Post-traumatic Stress Disorder, child sues parents for being born and wins does not presently show, that still... Popular in India are suing their son and daughter-in-law - for not them! Plaintiff with bruises, welts and bumps him place his hands on a sugar-free diet span and was getting... The damage claim, evidence was led as to [ a with children! 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