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Contracts Keyed to Murray
Barker v. Allied Supermarket
Facts
Barker (Plaintiff) was shopping in a grocery store owned by Allied Super Market (Defendant). Plaintiff picked up a glass bottle of Dr. Pepper from a self-service shelf and was injured when the bottle exploded. Plaintiff sued Allied and Dr. Pepper Bottling Co. (Defendant), claiming negligence and a breach of the implied warranty of merchantability. The trial court found that Plaintiff’s complaint was barred by the two-year statute of limitation for torts. Plaintiff appealed, arguing that his claim for breach of the implied warranty of merchantability was governed by the Uniform Commercial Code (UCC), which provides a five-year statute of limitation.
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