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WILLIAMS v. O'CHARLEY'S, INC.

No. COA11-1467.

728 S.E.2d 19 (2012)

Michael Ray WILLIAMS, Plaintiff, v. O'CHARLEY'S, INC., Defendant.

Court of Appeals of North Carolina.

June 19, 2012.

Attorney(s) appearing for the Case

Doran, Shelby, Pethel and Hudson, P.A. by Kathryn C. Setzer for plaintiff-appellee.

Teague Campbell Dennis & Gorham, LLP by Christopher G. Lewis for defendant-appellant.

STEELMAN, Judge.

Plaintiff presented sufficient circumstantial evidence of a defect in the food to warrant the submission of an issue of breach of an implied warranty of merchantability to the jury. Plaintiff presented sufficient evidence of proximate cause and medical causation. The trial court did not err in denying defendant's motion for judgment notwithstanding the verdict.

I. Factual and Procedural History

Michael Williams (plaintiff...

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