MARCELLA v. BRANDYWINE HOSP.

No. 94-1691.

47 F.3d 618 (1995)

Carol MARCELLA; Timothy Marcella; Timothy Marcella, as Natural Guardian for Damon Marcella; Timothy Marcella, as Natural Guardian for Eric Marcella, Carol Marcella and Timothy Marcella, husband and wife, Appellants, v. BRANDYWINE HOSPITAL; C.T. McChesney, M.D.; J.R. Monasterio, M.D.; Dr. Jose Cabria; Dr. John Caggiano; American Red Cross; Penn Jersey American Red Cross Regional Blood Service; William C. Sherwood, M.D., Appellees.

United States Court of Appeals, Third Circuit.

Decided February 15, 1995.

Sur Petition for Rehearing March 13, 1995.


Attorney(s) appearing for the Case

Robert J. O'Shea, Jr. (argued), George W. Howard, III, David E. Brenner, Richard P. Hackman, Charles A. Klein, Michael A. Cancelliere, Jr., George W. Howard, III, P.C., Philadelphia, PA, for appellants.

William J. O'Brien, John A. Guernsey, Howard M. Klein, Patricia M. Hamill, Conrad O'Brien Gellman & Rohn, P.C., Philadelphia, PA, Jacqueline R. Denning (argued), David P. Gersch, Salley D. Rainey, Arnold & Porter, Edward L. Wolf, Acting Gen. Counsel, American Red Cross, Washington, DC, for appellees.

Before: GREENBERG, SAROKIN, and WEIS, Circuit Judges.


OPINION OF THE COURT

WEIS, Circuit Judge.

This is a negligence suit growing out of a transfusion of contaminated blood collected by the Red Cross through its volunteer donor program. After a bench trial, the district court entered judgment in favor of the Red Cross. In this appeal, we hold that the Red Cross is not clothed with governmental immunity and therefore the plaintiff's request for a jury trial should have been granted. Accordingly, the case must...

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