Dibblee v. Dr. W. H. Groves Latter-Day Saints Hospital

HENRIOD, Justice.

Appeal from a dismissal of plaintiff’s complaint. Affirmed 'with costs to defendant.

Plaintiff alleged three bases for liability in furnishing alleged incompatible blood to deceased, Bowen, who was a patient at the hospital: 1) negligence provable as such, 2) negligence establishable under the res ipsa loquitur doctrine, and 3) by reason of an implied warranty travelling with a sale of the blood.

Under discovery procedure, 1 in answer to the interrogatories put by plaintiff to defendant, the response indicated that before the transfusions, tests by two registered technologists,…