In support of this argument, Bayer cites two Pennsylvania cases that suggest that any claim seeking damages for personal injuries, even if framed as a breach of warranty, is subject to the two-year statute of limitations for personal injury claims. (Defs.' Resp. to Pls.' Sur-Reply at 3 (citing Crumm v. K. Murphy & Co., 10 Pa. D. & C.5th 268, 276-78 (Lancaster Cty. Sept. 16, 2009), and Ritchey v. Patt, 636 A.2d 208, 210 (Pa. Super. Ct. 1994)). However, as the United States Court of Appeals for the Third Circuit has recognized, "[a] suit to recover damages for personal injuries arising from breach of warranty in the sale of goods must be commenced within the four year limitation period" applicable to breach of warranty claims.
We will affirm the grant of such a motion only when the moving party's right to succeed is certain and the case is so free from doubt that the trial would clearly be a fruitless exercise. Holt v. Lenko, 2002 Pa. Super. 29, 6 (quoting Ritchey v. Patt, 636 A.2d 208, 211 (Pa.Super. 1994)). ¶ 5 Appellant concedes the applicability of the five-year statute of limitations.
We will affirm the grant of such a motion only when the moving party's right to succeed is certain and the case is so free from doubt that the trial would clearly be a fruitless exercise. Ritchey v. Patt, 636 A.2d 208, 211 (Pa.Super. 1994). ¶ 7 On appeal, Holt concedes that the trial court properly granted Defendants' Motion for judgment on the pleadings with regard to her wrongful death claim.