Case Problem:
Gergely, an obstetrician, performed an amniocentesis on Jordan Lee-Brenner’s mother during her pregnancy. As a result of problems with the procedure, Jordan Lee-Brenner was blinded in one eye. After his birth, and through his guardian, Lee-Brenner brought an action against Gergely, claiming that Gergely had misrepresented the need for amniocentesis and had performed it negligently. Lee-Brenner received an award for $780,282, which he failed to collect prior to Gergely filing a Chapter bankruptcy petition. Lee-Brenner moved to have the judgment declared a non dischargeable debt. The bankruptcy court dismissed his petition, so he appealed. On what grounds could he argue that the debt should not have been discharged? Do you think his argument was successful before the appellate court? [ In re Gergely, 110 F.3d 1448 (9th Cir. 1997).]
Your answer must be, typed, double-spaced, Times New Roman font (size 12), one-inch margins on all sides, APA format and also include references.