Legal Opinion

Jennings v. Roosevelt Hospital, New York Blood Center, Inc.

New York Supreme Court

Decided January 24, 1975PublishedCited by 3 opinions

1Opinion of the CourtGeorge Starke, J.

Are blood banks and a hospital liable for breach of warranty and "strictly in tort” when the blood, furnished by the blood banks to the hospital and administered to the patient, is alleged to have been contaminated? This is the sole issue sub judice, the parties having stipulated the withdrawal of collateral procedural matters.

Plaintiff while hospitalized was in need of blood transfusions. The blood was supplied by the three defendant blood banks and administered by the defendant hospital. It is claimed that hepatitis resulted, and this action followed. Three identical causes of action are…

2Cases cited8 opinions

  1. Codling v. PagliaNew York Court of Appeals · 1973
  2. Perlmutter v. Beth David HospitalNew York Court of Appeals · 1954
  3. Randy Knitwear, Inc. v. American Cyanamid Co.New York Court of Appeals · 1962
  4. Goldberg v. Kollsman Instrument Corp.New York Court of Appeals · 1963
  5. Blessington v. McCrory Stores Corp.New York Court of Appeals · 1953

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3Cited by3 opinions

  1. Samuels v. Health & Hospitals Corp.Court of Appeals for the Second Circuit · 1979
  2. Iannucci v. Yonkers General HospitalAppellate Division of the Supreme Court of the State of New York · 1977
  3. United States Court of Appeals, Second CircuitCourt of Appeals for the Second Circuit · 1979

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