CUNNINGHAM v. MacNEAL MEMORIAL HOSP.

Nos. 42526, 42578 cons.

47 Ill.2d 443 (1970)

266 N.E.2d 897

FRANCES CUNNINGHAM, Appellee, v. MacNEAL MEMORIAL HOSPITAL, Appellant.

Supreme Court of Illinois.

Rehearing denied December 3, 1970.


Attorney(s) appearing for the Case

HOWARD AND FRENCH, of Chicago, (RICHARD G. FRENCH, of counsel,) for appellant.

HORWITZ, ANESI & OZMON, of Chicago, (NAT P. OZMON and DARIO A. GARIBALDI, of counsel,) for appellee.

HARRY L. KINSER and EDWARD J. McLAUGHLIN, of Chicago, and FRANK M. PFEIFER, of Springfield, (McLAUGHLIN, KINSER & BRYANT and PFEIFER, FIXMER, GASAWAY & ACKERMAN, of counsel,) for amici curiae the Illinois Hospital Association et al.

KIRKLAND, ELLIS, HODSON, CHAFFETZ & MASTERS, of Chicago, and HASSARD, BONNINGTON, ROGERS & HUBER, of San Francisco, California, (HOWARD HASSARD and DAVID E. WILLETT, of counsel,) for American Association of Blood Banks, amicus curiae.

ALBERT E. JENNER, JR., KENNETH J. BURNS, SR., and JEROLD S. SOLOVY, all of Chicago, and PAUL M. ROCA and JAMES MOELLER, of Phoenix, Arizona, (JENNER & BLOCK and LEWIS, ROCA, BEAUCHAMP & LINTON, of counsel,) for Blood Services, amicus curiae.

EDWARD J. KIONKA, of Urbana, for The American Trial Lawyers Association, amicus curiae.


Judgment, as modified, affirmed, and cause remanded.

Mr. JUSTICE CULBERTSON delivered the opinion of the court:

This appeal questions the legal propriety of the application of the strict tort liability theory under the circumstances alleged to be here present and reaches us pursuant to a certificate of importance (see our Rule 316) granted by the appellate court.

Plaintiff's second amended complaint, with the adequacy of which we are here concerned...

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