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Thomas v. ConAgra Foods Inc.

Design Defect, Failure to Warn Claims Survive in Suit Over Cooking Spray Can's Explosion

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DECISION AND ORDER INTRODUCTION Plaintiff Carol Thomas (“Plaintiff”) brings this products liability action against defendants ConAgra Foods, Inc., ConAgra Brands, Inc., DS Containers, Inc., and Full-Fill Industries, LLC (collectively “Defendants”), related to injuries she sustained when a can of Member’s Mark cooking spray vented its contents, resulting in an explosion and flash fire. (Dkt. 1). Presently before the Court is a partial motion to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6) filed by defendants ConAgra Foods, Inc., ConAgra Brands, Inc., and Full-Fill Industries, LLC (collectively “Moving Defendants”). (Dkt. 19). For the reasons set forth below, Moving Defendants’ motion is granted in part and denied in part. FACTUAL BACKGROUND The following facts are taken from the complaint. As required at this stage of the proceedings, the Court treats Plaintiff’s factual allegations as true. On or about April 15, 2017, Plaintiff was injured when a can of Member’s Mark cooking spray “suddenly and without warning began spraying its extremely flammable contents through the u-shaped vents on the bottom of the can causing a flash fire, flames, and/or explosion[.]” (Dkt. 1 at 24). On the date in question, Plaintiff was working in a campground kitchen located in Livonia, New York. (Id. at 25). The can of cooking spray, which was “designed, manufactured, tested, filled, labeled and/or sold” by Defendants, had been stored and used in a reasonably foreseeable manner and was located “some distance away from a heat source in the campground kitchen.” (Id. at

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