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DIBBLEE v. DR. W.H. GROVES LATTER-DAY SAINTS HOSPITAL

No. 9435.

12 Utah 2d 241 (1961)

364 P.2d 1085

RICHARD C. DIBBLEE, ADMINISTRATOR OF THE ESTATE OF KEITH J. BOWEN, DECEASED, PLAINTIFF AND APPELLANT, v. DR. W.H. GROVES LATTER-DAY SAINTS HOSPITAL, A CORPORATION, DEFENDANT AND RESPONDENT.

Supreme Court of Utah.

October 2, 1961.

Attorney(s) appearing for the Case

Rawlings, Wallace, Roberts & Black, John L. Black, Salt Lake City, for appellant.

Ray, Quinney & Nebeker, Albert R. Bowen, Salt Lake City, for respondent.

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,

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