Frances Hector entered Cedars- Sinai Medical Center (Cedars- Sinai), Los Angeles, California, for a surgical operation on her heart. During the operation, a pacemaker was installed in Hector. The pacemaker, which was manufactured by American Technology, Inc., was installed at Cedars- Sinai Medical Center by Hector’s physician, Dr. Eugene Kompaniez. The pacemaker was defective, causing injury to Hector. Hector sued Cedars- Sinai Medical Center under Article 2 (Sales) of the UCC to recover damages for breach of warranty of the pacemaker. Hector alleged that the surgical operation was primarily a sale of a good and therefore covered by the UCC. Cedars- Sinai Medical Center argued that the surgical operation was primarily a service and therefore the UCC did not apply. Who wins? Hector v. Cedars- Sinai Medical Center, 180 Cal. App. 3d 493, 225 Cal. Rptr. 595, 1986 Cal. App. Lexis 1523 (Court of Appeal of California)

  • CreatedAugust 12, 2015
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