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GRANT v. AMERICAN NAT. RED CROSS

No. 99-CV-60.

745 A.2d 316 (2000)

Calvin GRANT, Appellant, v. AMERICAN NATIONAL RED CROSS, Appellee.

District of Columbia Court of Appeals.

Decided February 17, 2000.

Attorney(s) appearing for the Case

George M. Church, with whom Edward F. Houff, Baltimore, MD, Winslow F. Bouscaren, and Louise B. McKnew, Rockville, MD, were on the brief, for appellant.

M. Sean Laane, with whom Fern P. O'Brian and Scott D. Helsel, Washington, DC, were on the brief, for appellee.

Before SCHWELB, FARRELL, and WASHINGTON, Associate Judges.

FARRELL, Associate Judge:

The question presented is whether a division of this court may and should depart from the standard "more likely than not" test for proximate causation in this suit for negligence based on the defendant-appellee's alleged failure to screen blood donations adequately. Appellant, conceding that he cannot meet the standard test, urges us to "recognize loss of chance as a protected interest" and to apply that alternate test of causation to the...

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