Williams v. O'Charley's, Inc.

STEELMAN, Judge.

Plaintiff presented sufficient circumstantial evidence of a defect in the food to warrant the submission of an issue of breach of an implied warranty of merchantability to the jury. Plaintiff presented sufficient evidence of proximate cause and medical causation. The trial court did not err in denying defendant’s motion for judgment notwithstanding the verdict.

I. Factual and Procedural History

Michael Williams (plaintiff) ate dinner at an O’Charley’s restaurant (defendant) in Concord on 18 March 2008. At about 8:15 p.m., plaintiff ordered grilled chicken, rice, and a baked…