Shepard

Plaintiff Ronald Shepard appeals from a judgment of dismissal entered after respondent’s demurrers to the complaint and amendment to complaint were sustained without leave to amend.

In his pleadings appellant alleges that he contracted serum hepatitis by reason of a blood transfusion administered to him while he was a patient in respondent hospital.

Asserting that the blood was contaminated with hepatitis virus, appellant sought recovery on alternative theories of strict liability in tort, breach of express and implied warranties, and negligence.

Strict Liability in Tort

In California a cause of action for strict liability in tort can be stated under two tests. The first test, laid down in Greenman v. Yuba Power Products, Inc. (1963) 59 Cal.2d 57, 62 [ 27 Cal.Rptr. 697 , 377 P.2d 897 , 13 A.L.R.3d 1049 ], holds that “[a] manufacturer is strictly liable in tort when an article he places on the market, knowing that it is to be used without inspection for defects, proves to have a defect that causes injury to a human being.” (Italics added.) The second test is contained in Restate ment Second of Torts, section 402A, and provides that “(1) One who sells any product in a…