Harris v. Aluminum Co. of America

MEMORANDUM OPINION

TURK, Chief Judge.

Plaintiff, Linda Harris, brought this products liability action against Aluminum Company of America, a/k/a Alcoa, and The Coca-Cola Company, a/k/a Coca-Cola Company, U.S.A. (“Coca-Cola”) alleging negligence and breaches of the implied warranties of merchantability and fitness for a particular purpose. Jurisdiction is based on diversity of citizenship. 28 U.S.C. § 1332(a)(1). This matter is now before this court on Coca-Cola’s motions to dismiss plaintiff’s warranty and vicarious liability allegations for failure to state claims upon which relief can be…