Opinion

Hoffman v. Misericordia Hospital

  • 439 Pa. 501
  • 267 A.2d 867
  • 7 U.C.C. Rep. Serv. (West) 897
  • 1970 Pa. LEXIS 719
Court
Supreme Court of Pennsylvania
Filed
Jul 2, 1970
Status
Published
Author
Bell
On the bench
Bell, Brien, Cohen, Eagen, Jones, Pomeroy, Roberts
Cited by
169 cases
Authority
More cited than 7.2%

noting our Supreme Court has implied warranty protections in non-sales transactions, such as leases and bailments, and reversing lower court decision to dismiss warranty counts on demurrer in action involving blood transfusion

How later courts described this case

  • noting our Supreme Court has implied warranty protections in non-sales transactions, such as leases and bailments, and reversing lower court decision to dismiss warranty counts on demurrer in action involving blood transfusion
  • faulting lower court for failing to consider whether the warranty policies would be furthered by their implication
  • the enactment of the U.C.C. “did not intend to impede the parallel development of warranties implied in law in non-sales situations”
  • implied warranty of fitness accompanies blood transfusion even though no sale involved

Written by the judges who cited it.

The opinion

Dissenting Opinion by

Mb. Chief Justice Bell:

I disagree with a number of factual statements as well as legal principles and conclusions of law set forth in the Majority Opinion. Moreover, I particularly dissent because of my continued very strong opposition to Flagiello v. Pennsylvania Hospital, 417 Pa. 486 , 208 A. 2d 193 , and Nolan v. Tifereth Israel Synagogue, 425 Pa. 106 , 227 A. 2d 675 , for the reasons emphatically set forth therein.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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