Goodman v. Wenco Foods, Inc.

EXUM, Chief Justice.

The plaintiff was injured when he bit down on a small bone in a hamburger sandwich purchased at Wendy’s Old Fashioned Hamburgers. He brought actions in negligence and breach of the implied warranty of merchantability against Wenco Management, Wenco Foods, Inc., d/b/a Wendy’s Old Fashioned Hamburgers [hereinafter Wendy’s], and against Greensboro Meat Supply Co. [hereinafter GMSC], which allegedly supplied the hamburger meat for that Wendy’s restaurant.

The trial court granted summary judgment on both claims for defendant GMSC, but allowed plaintiff’s action against Wendy’s…