MERCY HOSPITAL, INC., D/B/A MERCY HOSPITAL BLOOD BANK, APPELLANT,
v.
CARLOS BENITEZ, INDIVIDUALLY AND AS HUSBAND OF FLORA BENITEZ, ET AL., APPELLEES
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The court held that the transaction involving blood from the hospital's own blood bank was a sale, not a service, and thus the hospital could be liable for breach of warranty.
A hospital defendant was found liable for breach of warranty of fitness for blood supplied for a transfusion that injured the plaintiff. The blood cam…
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The appellant Mercy Hospital, Inc., d/b/a Mercy Hospital Blood Bank, appeals from an adverse judgment. The appellant was one of two defendants below. By their action the plaintiffs sought and obtained recovery against the appellant-defendant for breach of warranty of fitness of blood supplied by said defendant which when used in a transfusion allegedly resulted in injury to the plaintiff Flora Benitez.
The plaintiffs’ claim was not affected by a subsequently enacted statute removing that basis of liability of suppliers of blood for transfusion, with a certain exemption not pertinent here. Ch. 69-157 (§ 672.316 (5) Fla.Stat, F.S.A.).
It was disclosed in the evidence that in administering blood transfusions the defendant hospital used blood from two sources, from outside blood banks and from its own blood bank which it had created by receiving blood from donors. It appeared without dispute that the blood used in the transfusion in this instance came from the blood bank created and maintained by the defendant hospital. For that reason the liability of the hospital in this case was similar to that which would be applied to an operator of a blood bank, for a warranty of fitness thereof upon sale of the blood.
The transaction relating to the (hospital blood bank) blood in this instance was a sale and not a service. See Community Blood Bank, Inc. v. Russell, Fla.1967, 196 So.2d 115.
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Rostocki v. Sw. Fla. Blood Bank, Inc., 276 So. 2d 475 (Fla. 1973)…rt is quashed and the cause remanded to said Court for further proceedings not inconsistent with the holding herein. It is so ordered. ROBERTS, Acting C. J., and ERVIN and McCAIN, JJ., concur. DEKLE, J., dissents. . 154 So. 2d 169 (Fla.1963). . 257 So. 2d 51 (Fla.App.3rd 1972). . Community Blood Bank, Inc. v. Russell, 196 So. 2d 115 (Fla.1967) ; Mercy Hospital, Inc. v. Benitez, 257 So. 2d 51 (Fla.App.3rd 1972) ; White v. Sarasota County Public Hospital Board, 206 So. 2d 19 (Fla.App.2d 1968), and Hoder…1 / 2
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Faye Williamson v. Mem'l Hosp. OF BAY Cnty., 307 So. 2d 199 (Fla. 1st DCA 1975)…ial blood bank. Thus, Russell and Hoder, supra, both stood for the proposition that while a blood bank could be held for breach of implied warranty, a hospital could not be so held. In Mercy Hospital, Inc. d/b/a Mercy Hospital Blood Bank v. Benitez, 257 So. 2d 51 (Fla.App.1972), the court analogized a blood bank established by a hospital with a commercial blood bank and held that it was liable under the implied warranty doctrine. Holding that the transaction was a sale and not a service, the court in Benitez…
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Thornton Lewis v. Associated Med. Insts., Inc., 345 So. 2d 852 (Fla. 3d DCA 1977)…argument that the proper date for the applicability of the statute should be the time of the commission of the tortious act, see Williamson v. Memorial Hospital of Bay County, 307 So. 2d 199 (Fla. 1st DCA 1975); and Mercy Hospital, Inc. v. Benitez, 257 So. 2d 51 (Fla. 3d DCA 1972), is, therefore, [*854] without effect. In the recent case of AB CTC v. Morejon, 324 So. 2d 625 (Fla.1975), the Supreme Court of Florida held that a cause of action does not accrue until the breach of warranty in the form of a defe…
Authorities Cited
- Beaver v. Leon L. Treon & the Fla. Indus. Comm'n, 196 So. 2d 115 (Fla. 1967)
- Cmty. Blood Bank, Inc. v. Russell, 196 So. 2d 115 (Fla. 1967)