Legal Opinion

Cramer v. Queen of Angels Hospital

California Court of Appeal

Decided October 13, 1976No. Civ. 47854PublishedCited by 5 opinions

1Opinion of the Court

Opinion

FILES, P. J.

Plaintiff Joe B. Cramer appeals from the judgment entered following the grant of a motion for nonsuit in favor of defendant Queen of Angels Hospital. In his complaint, plaintiff alleged that he contracted serum hepatitis by reason of a blood transfusion administered to him while he was a patient in respondent hospital. Prior to trial, he elected to proceed on the theories of strict liability in tort and breach of express and implied warranties only.

Health and Safety Code section 1606 provides as follows: “The procurement, processing, distribution, or use of whole blood,…

2Cases cited5 opinions

  1. People v. OlivasCalifornia Supreme Court · 1976
  2. Shepard v. Alexian Brothers Hospital, Inc.California Court of Appeal · 1973
  3. Heirs of Ude C. Fruge v. Blood Services and Aetna Casualty & Surety CompanyCourt of Appeals for the Fifth Circuit · 1975
  4. Kay McDaniel v. Baptist Memorial HospitalCourt of Appeals for the Sixth Circuit · 1972
  5. Heirs of Fruge v. Blood ServicesDistrict Court, W.D. Louisiana · 1973

3Cited by5 opinions

  1. Samson v. Greenville Hospital SystemSupreme Court of South Carolina · 1988
  2. Hyland Therapeutics v. Superior Court of Santa Clara CountyCalifornia Court of Appeal · 1985
  3. Samson v. Greenville Hospital SystemSupreme Court of South Carolina · 1989
  4. Moore v. Regents of University of CaliforniaCalifornia Supreme Court · 1990
  5. Moore v. Regents of University of CaliforniaCalifornia Supreme Court · 1990

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