Wagner v. Kimberly-Clark Corp.

MEMORANDUM

STENGEL, District Judge

I. INTRODUCTION

This is a wrongful death and survival action under Pennsylvania law. The plaintiffs product liability claims against Kimberly-Clark Corporation relate to the defendant’s design and manufacture of a feeding tube. The feeding tube was placed in Regina Wagner’s body prior to her death. Kimberly-Clark filed a motion to dismiss plaintiffs strict liability claim (Count II) and breach of warranty claim (Count III).11 will grant Kimberly-Clark’s motion to dismiss the breach of warranty claim, but I will deny Kimberly-Clark’s *313motion to dismiss the…