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GOODMAN v. WENCO FOODS, INC.

No. 484A90.

423 S.E.2d 444 (1992)

333 N.C. 1

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

Supreme Court of North Carolina.

December 18, 1992.

Attorney(s) appearing for the Case

The Law Offices of Brenton D. Adams by Brenton D. Adams and C. Chris Webster, Dunn, for plaintiff-appellant and appellee Goodman.

Faison, Fletcher, Barber & Gillespie by O. William Faison, Reginald B. Gillespie, Jr., and Cynthia T. Shriner, Durham, for defendant-appellant and appellee Wenco Foods, Inc., d/b/a Wendy's Old Fashioned Hamburgers.

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

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...

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