Legal Opinion

Perlmutter v. Beth David Hospital

New York Court of Appeals

Decided December 31, 1954PublishedCited by 206 opinions

1Opinion of the CourtFtjed, J.

This is, in effect, an action to recover damages for personal injuries sustained by plaintiff while a patient in the hospital maintained and operated by defendant. The injuries allegedly resulted from the transfusing of “ bad ” blood, supplied by the hospital for a price as part of the customary services rendered by the hospital to its patients. The complaint contains no allegations of negligence, but rather seeks recovery upon the theory that the supplying of blood constituted a sale within the Sales Act and that, as a consequence, there attached implied warranties imposed by that statute…

2Cases cited15 opinions

  1. Schloendorff v. Society of the New York HospitalNew York Court of Appeals · 1914
  2. Greeff v. Equitable Life Assurance Society of United StatesNew York Court of Appeals · 1899
  3. Blessington v. McCrory Stores Corp.New York Court of Appeals · 1953
  4. Halsted v. Globe Indemnity Co.New York Court of Appeals · 1932
  5. Hamburger v. Cornell UniversityNew York Court of Appeals · 1925

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3Cited by206 opinions

  1. Hoffman v. Misericordia HospitalSupreme Court of Pennsylvania · 1970
  2. Frances M. Bonebrake, Administratrix De Bonis Non of the Estate of Woodrow B. Simek, Deceased v. Donald Cox and Claude Cox, D/B/A Tamarack BowlCourt of Appeals for the Eighth Circuit · 1974
  3. Cunningham v. MacNeal Memorial HospitalIllinois Supreme Court · 1970
  4. Carmichael v. ReitzCalifornia Court of Appeal · 1971
  5. Mondello v. New York Blood CenterNew York Court of Appeals · 1992

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