White v. S & E Bakery, Inc.

MEMORANDUM OPINION

The question raised by Defendants’ Motion to Dismiss is Whether a complaint predicated on tortious conduct can survive a statute of limitations attack where it alleges separate claims for product liability, strict liability, breach of implied and express warranties, deceptive trade practices, and wanton disregard for the safety of the public.

For the reasons stated herein, the Court holds that the complaint sounds in both tort and contract, and therefore defendants’ motion to dismiss will be granted as to those counts sounding in tort, but will be denied as to those counts…