Borman v. Great Atlantic & Pacific Tea Co.

MEMORANDUM

BEAMER, District Judge.

This is a diversity action filed by the plaintiff Borman against the defendants A & P and Morton Foods.

Plaintiff alleges that the defendant A & P sold him an unwholesome frozen chicken dinner which he ate. Immediately thereafter he became nauseated and ill, accompanied by vomiting. He contends that the cause of his illness was the unwholesome frozen chicken dinner which defendant sold him, in violation of an implied and express warranty as to fitness for human consumption. Count II of plaintiff’s complaint alleges the same facts, but is grounded on negligence.…