MITCHELL v. BBB SERVICES CO., INC.

No. A03A0345.

582 S.E.2d 470 (2003)

261 Ga. App. 240

MITCHELL v. BBB SERVICES COMPANY, INC. et al.

Court of Appeals of Georgia.

Reconsideration Denied May 13, 2003.


Attorney(s) appearing for the Case

Teddy R. Price, Decatur, for appellant.

Phears & Moldovan, Norcross, Richard O. Samms, Misner, Scott & Martin, Bobby R. Terry, Tucker, for appellees.


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...

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