Appeal from Oakland, William R. Beasley, J.
Leave to appeal denied, 397 Mich .
McGregor, P. J., and Bashara and Allen, JJ.
Contracts -- Breach of Warranty -- Wrongful Death -- Blood Transfusion -- Medical Tests -- Plaintiff's Admissions.
Dismissal of a breach of warranty action following a death resulting from a blood transfusion was proper; the intent of the Legislature was to preclude the implication of warranties in a blood transfusion transaction where no medical test is available to ascertain the fitness of the blood and it was admitted that no such medical test was available at the time of the transfusion (MCLA 691.1511; MSA 14.528).
The opinion of the court was delivered by: Per Curiam
Complaint by Doris A. Burr, administratrix of the estate of Robert H. Burr, deceased, against William Beaumont Hospital, Michigan Regional Blood Center of the American Red Cross, and Michigan Community Blood Center, Inc., seeking damages for wrongful death. Judgment for defendants. Plaintiff appeals.
Plaintiff's wrongful death action, charging defendants with breach of warranty in the transfusion of blood, was dismissed by the trial court pursuant to defendants' motion for accelerated or summary judgment. Plaintiff appeals.
When read to give effect to the most reasonable and probable intent of the Legislature, 1967 PA 174 (MCLA 691.1511; MSA 14.528) precludes the implication of warranties in a blood transfusion transaction where no medical test is available to ascertain the fitness of the blood.
Inasmuch as plaintiff has admitted that there was no such medical test available at the time of the blood transfusions in question, the trial court's dismissal of plaintiff's action was proper.