Nature of the Case
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Facts
D sold and delivered concentrated sulfuric acid to the Mostek Corporation. P was employed by Mostek. P was moving cartons of acid from one location to another. The cartons, constructed of fiberboard, each contained four one-gallon glass containers. While carrying one of the cartons, Garcia tripped and fell, breaking a container and suffered severe acid burns. Three years and eight months after the accident, P sued D for damages for personal injuries alleging a breach of the implied warranty of merchantability under Section 2-314 of the UCC. P alleged that the acid was not merchantable in that it was not adequately contained, packaged and labeled and was not fit for the use for which it was intended. P also alleged that he was a third-party beneficiary of the contract between Mostek and D. D moved for summary judgment. The trial court granted the motion for summary judgment and rendered judgment for D. The Court of Appeals affirmed the judgment of the trial court. It held that in the absence of a contractual relationship between the injured party and the supplier of the product causing injury, i.e., privity, a personal injury action based upon a breach of implied warranty under the Code is governed by Article 5-526, the general statute of limitations applicable to personal injuries rather than the four-year statute set forth in Section 2-725 of the Code.
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