Doe v. American Red Cross

Plaintiff brought this action, individually and as the personal representative of her husband’s estate, for allegedly tortious transmission of the Human Immunodeficiency Virus (HIV) by a blood transfusion. The trial court granted defendants’ motion for summary judgment on the ground that the action was time barred. We review the record in the light most favorable to plaintiff to determine whether there is any genuine question of material fact, and whether defendants are entitled to judgment as a matter of law. Park v. Hoffard, 315 Or 624, 847 P2d 852 (1993). We reverse.

On March 7,1985, during…