No. 8915SC1279.

394 S.E.2d 832 (1990)

100 N.C. App. 108

Fred GOODMAN v. WENCO MANAGEMENT, Wendy's Foods, Inc., d/b/a Wendy's Old Fashioned Hamburgers and Greensboro Meat Supply Company, Inc.

Court of Appeals of North Carolina.

August 21, 1990.

Attorney(s) appearing for the Case

Brenton D. Adams, Dunn, for plaintiff-appellant.

Faison & Brown by O. William Faison and Reginald B. Gillespie, Jr., Durham, for defendant-appellee Wenco Foods, Inc.

Patterson, Dilthey, Clay, Cranfill, Sumner & Hartzog by Sanford W. Thompson, IV and Kari Lynn Russwurm, Raleigh, for defendant-appellee Greensboro Meat Supply Co.

GREENE, Judge.

Plaintiff appeals the trial court's grant of summary judgment for Greensboro Meat Supply Company, Inc. (GBMS) and its directed verdict at the end of plaintiff's evidence for Wenco Management, Wenco's Foods, Inc., d/b/a Wendy's Old Fashioned Hamburgers (Wendy's).

In his complaint, the plaintiff alleged that Wendy's was negligent and breached its implied warranty of merchantability by preparing and serving a hamburger sandwich containing bone...

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