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Barker v. Allied Supermarket

Supreme Court of Oklahoma
596 P.2d 870 (1979)

Written by Mary Pfotenhauer, JD

Facts

Barker (plaintiff) was shopping in a grocery store owned by Allied Super Market (Allied) (defendant). Barker picked up a glass bottle of Dr. Pepper from a self-service shelf and was injured when the bottle exploded. Barker sued Allied and Dr. Pepper Bottling Co. (defendant), claiming negligence and a breach of the implied warranty of merchantability. The trial court found that Barker’s complaint was barred by the two-year statute of limitation for torts. Barker 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.

Rule of Law

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Issue

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Holding and Reasoning (Williams, J.)

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A "yes" or "no" answer to the question framed in the issue section;
A summary of the majority or plurality opinion, using the CREAC method; and
The procedural disposition (e.g., reversed and remanded, affirmed, etc.).

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