Shepard v. Alexian Brothers Hospital, Inc.

Opinion

KANE, J.

Plaintiff Ronald Shepard appeals from a judgment of dismissal entered after respondent’s demurrers to the complaint and amendment to complaint were sustained without leave to amend.

In his pleadings appellant alleges that he contracted serum hepatitis by reason of a blood transfusion administered to him while he was a patient in respondent hospital.

Asserting that the blood was contaminated with hepatitis virus, appellant sought recovery on alternative theories of strict liability in tort, breach of express and implied warranties, and negligence.

Strict Liability in Tort

In…