Mitchell v. BBB Services Co., Inc.

Smith, Chief Judge.

Ronnie Mitchell appeals from the trial court’s grant of summary judgment to the defendants in the action brought by Mitchell to recover damages for personal injuries he suffered when he broke a tooth on a small, hard object after biting into a hamburger at a Wendy’s restaurant. He contends summary judgment for the defendants was improper, arguing that at least a jury question exists as to whether the restaurant breached implied warranties of merchantability and fitness for purpose. We agree and reverse.

The record shows that Mitchell bought a hamburger from Wendy’s. When he…