Supreme Court of Louisiana, 1976

Juneau v. Interstate Blood Bank, Inc.

Juneau v. Interstate Blood Bank, Inc.
Supreme Court of Louisiana · Decided September 29, 1976 · Dennis, Granted, Should, Tate
337 So. 2d 220 (Southern Reporter, Second Series)

Juneau v. Interstate Blood Bank, Inc.

Opinion of the Court

In re Rodney L. Juneau and Rose Anne Juneau applying for certiorari, or writ of review, to the Court of Appeal, 333 So.2d 354, Third Circuit, Parish of Rapides.

Writ denied. The result is correct.

Dissenting Opinion

TATE, J.,

I think the defect in the blood gives rise to a cause of action for fault, La. Civil Code arts. 2313, 2317, not upon any implied warranty. See dissent in Thomas v. Gillette Co., 230 So.2d 870, 876 (La.App.3rd Cir. 1970).

DENNIS, J., is of the opinion the writ should be granted.

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