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SCHMALTZ v. ST. LUKE'S HOSPITAL

No. 73-090.

521 P.2d 787 (1974)

Margaret E. SCHMALTZ, Plaintiff-Appellant, v. ST. LUKE'S HOSPITAL, a Colorado corporation, Defendant-Appellee.

Colorado Court of Appeals, Div. II.

Rehearing Denied March 26, 1974.

Certiorari Granted May 13, 1974.

Attorney(s) appearing for the Case

Mason, Reuler & Peek, P. C., Maurice Reuler, Denver, for plaintiff-appellant.

Wood, Ris & Hames, P. C., Eugene S. Hames, Denver, for defendant-appellee.

Selected for Official Publication.

PIERCE, Judge.

Plaintiff filed a complaint in the district court alleging four claims for relief arising out of her contraction of serum hepatitis after receiving a blood transfusion at the defendant hospital. The complaint set forth four theories for relief: negligence; strict liability in tort; res ipsa loquitur; and express and implied warranty. Defendant filed a motion to dismiss the second, third, and fourth claims...

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