Court Case: Boneless Chicken Wings and Bone Risks

The Ohio Supreme Court ruled against expectations of boneless chicken wings being entirely free of bones. The case stemmed from an incident involving Michael Berkheimer in Hamilton, Ohio.

While dining with his wife and friends, Berkheimer ordered boneless wings with parmesan garlic sauce. However, he experienced difficulties when a bone got stuck in his throat. Three days later, he was admitted to the emergency room, where doctors found a thin bone that had damaged his esophagus, leading to an infection.

Berkheimer sued the restaurant Wings on Brookwood, arguing the restaurant was negligent for not alerting patrons to the possibility of bones in boneless wings. The lawsuit also included claims against the supplier and the farm responsible for producing the chicken.

Supreme Court Decision

The court’s decision was close, with a 4-3 vote. The majority opinion stated that ‘boneless wings’ meant a style of preparation and that customers should know chickens naturally have bones. The judgment supported previous court decisions dismissing Berkheimer’s case.

Justice Joseph T. Deters, writing for the majority, explained that customers should not interpret ‘boneless wings’ to mean a complete absence of bones, similar to understanding ‘chicken fingers’ as metaphorical.

Dissenting Opinions

The dissenting justices disagreed with the majority, criticizing their reasoning and arguing that a jury should have evaluated the restaurant’s responsibility. Justice Michael P. Donnelly highlighted that many consumers, especially parents, would reasonably interpret ‘boneless’ to mean the absence of bones.