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HANSEN v. MERCY HOSPITAL, DENVER

No. 76-741.

570 P.2d 1309 (1977)

Muriel HANSEN and Carl Hansen, Plaintiffs-Appellants, v. MERCY HOSPITAL, DENVER, Colorado, Defendant, and Belle Bonfils Memorial Blood Bank, Defendant-Appellee.

Colorado Court of Appeals, Div. II.

Rehearing Denied September 15, 1977.

Certiorari Granted November 15, 1977.

Attorney(s) appearing for the Case

Litvak & Karsh, P. C., Lawrence Litvak, Denver, for plaintiffs-appellants.

Hansen, Anstine & Hill, John L. Breit, Robert W. Hansen, Denver, for defendant-appellee.

STERNBERG, Judge.

In St. Luke's Hospital v. Schmaltz, 188 Colo. 353, 534 P.2d 781 (1975), the Supreme Court held that no action founded in strict liability or breach of warranty could be maintained against a hospital that supplied blood to a patient. This appeal raises the question of the applicability of that holding to a suit against a blood bank, as distinguished from a hospital.

Plaintiff Muriel Hansen contracted...

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