Details 1. Fred Goodman and a friend stopped for lunch at a Wendy's restaurant in Hillsborough, North Carolina. Goodman had eaten about half of his double hamburger when he bit down and felt an immediate pain in his lower jaw. He removed from his mouth a triangular piece of cow bone about one-sixteenth to one quarter inch thick and about one-halt inch long, along with several pieces of his broken teeth Goodman's pain was intense and his dental repairs, took months Wendy's purchased all of its meat from Greenboro Meat Supply Company (GMSC) Wendy's standards required the meat to be chopped and free from bone or cartilage in excess of 1/8 inch in any dimension GMSC beef was inspected continuously by state regulators and was certified by the United States Department of Agriculture (USDA), The USDA considered any bone fragment less than three-quarters of an inch long to be insignificant Goodman sud Wendy's claiming a breach of an implied warranty of merchantability. Wendy's claimed that the bone was natural to the food and therefore was hit for its ordinary purpose Wendy table for Goodman's Injury because the hamburger contained a bone front