Nnv

N.N.V., a minor, appeals a judgment in favor of the American Association of Blood Banks (hereafter AABB) and Raquel V. Lugo, R.N., on his complaint seeking damages for developing acquired immune deficiency syndrome (AIDS) as a result of a blood transfusion during surgery in December 1984.

On appeal, N.N.V. contends the court erred in granting summary judgment in favor of the AABB on the basis the AABB owed no duty of care and had breached no duty of care owed to N.N.V. as to recommendations it made prior to December 1984 about reducing the risk of AIDS transmission *1364 through blood transfusion. N.N.V. contends the court erred in failing to grant a new trial on Lugo’s liability for allegedly failing to inform the surgeon of his parents’ request to make directed donations of blood for his surgery (i.e., blood donations by family, friends or coworkers). N.N.V. contends a new trial should have been granted because the court improperly excluded his father’s deposition testimony and Lugo’s counsel committed misconduct during closing argument.

The AABB also appeals, contending the court erred in refusing to find it was immune from liability pursuant to Civil Code section…

I concur in parts II, III, and IV of the majority opinion. Otherwise, I dissent.

I write separately to express my opinion regarding the duty owed by the American Association of Blood Banks (AABB) to recipients of blood from *1401 its member banks. The majority has chosen to frame the issue of duty very narrowly as “whether at the time of N.N.V.’s surgery it was reasonably foreseeable that direct questioning, directed donations and/or surrogate testing would have reduced the risk of AIDS contamination of the nation’s blood supply.” (Maj. opn., ante, at p. 1377.) While this narrow characterization of duty answers the issues in this case, it leaves open the question of whether AABB has any type of duty to recipients of blood transfusions and provides little, if any, guidance to the trial courts in the future. Further, the policy analysis engaged in by the majority suggests the AABB owes no duty to blood recipients under any circumstances. I disagree.

Role of the AABB

While courts have been reluctant to impose liability on nonprofit trade associations, two of the primary considerations in imposing liability have been the role and dominance of the association in the industry and the…

Jenner & Block, Jerald A. Jacobs, Robert M. Portman, Washington, DC, Jeffrey T. Shaw; Catherine I. Hanson, San Francisco; and Thomas W. Greeson, Reston, VA, for California Medical Association, American College of Radiology, American Medical Association, American College of Surgeons, College of American Pathologists, American Association of Tissue Banks, American Society of Association Executives and National Fire Protection Association as Amici Curiae on behalf of Defendant, Respondent and Cross-Appellant American Association of Blood Banks.

Hinshaw & Culbertson, Russell S. Roeca, San Francisco, Thomas K. Berg, Minneapolis, MN, and Thomas J. Barrett, Washington, DC, for National Marrow Donor Program as Amicus Curiae on behalf of Defendant, Respondent and Cross-Appellant American Association of Blood Banks.

Neil, Dymott, Perkins, Brown & Frank, Sheila S. Trexler, Hugh A. McCabe and Craig T. Mann, San Diego, for Defendant and Respondent Raquel V. Lugo.

KREMER, P.J.

N.N.V., a minor, appeals a judgment in favor of the American Association of Blood Banks (hereafter AABB) and Raquel V. Lugo, R.N., on his complaint seeking damages for developing acquired immune deficiency syndrome…