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R.W. v. Manzek12/9/2003
brief at 29. They allege such a special relationship exists here predicated upon the fact L.W. was recruited for the fundraising effort from which appellees directly benefited. Appellants rely primarily on Huddleston, supra, for this contention. The existence of a special relationship, however, does not negate the requirement that the harm is foreseeable. In Huddleston, a surrogate mother filed wrongful death and survival actions against the infertility clinic based upon, inter alia, negligence, after the father who went through the clinic to bear the child, shook the child to death. Although the court found the clinic stood in a special relationship to its clients and the resulting children since it was "a business operating for the sole purpose of organizing and supervising the very delicate process of creating a child, which reaps handsome profits from such endeavor," it specifically stated it must be held accountable for "the foreseeable risks of surrogacy." Huddleston, at 460 (emphasis supplied). The Huddleston court relied upon Kleinknecht, supra, which concluded a college owed a duty to a student it had recruited to play lacrosse based upon a special relationship between the two, but went on to separately consider the issue of foreseeability of harm. Accordingly, whether a special relationship existed is inapposite if the harm suffered is not foreseeable.
The facts of this case are horrific and we sincerely regret the harm suffered by L.W. We cannot, however, find the trial court committed an abuse of discretion or an error of law in finding the harm was not foreseeable. As stated above, without foreseeability, there can be no recovery in a negligence cause of action. Accordingly, we must affirm the trial court's Order sustaining appellees' preliminary objections and dismissing appellants' complaint.
Order affirmed.
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