The Ohio Supreme Court delivered a ruling on Thursday concerning the expectations consumers might have when ordering boneless chicken wings. The court decided that patrons cannot expect these wings to be entirely free of bones.
This decision came after Michael Berkheimer experienced severe medical issues due to a bone becoming lodged in his throat while he was dining at Wings on Brookwood in Hamilton, Ohio. Berkheimer ordered boneless wings with parmesan garlic sauce, as usual, but suffered complications after swallowing what he assumed was a boneless piece. After three days of discomfort and fever, he visited the emergency room where doctors found a long, thin bone had caused an esophageal tear and infection.
Berkheimer subsequently sued the restaurant, its supplier, and the farm where the chicken was produced, alleging negligence due to a lack of warning about potential bones in the so-called boneless wings, which are typically made of boneless, skinless breast meat.
With a 4-3 verdict, the Supreme Court ruled that the term “boneless wings” signifies a style of preparation. The court stated consumers should be aware that bones can be present, given the nature of chickens. The judgment upheld earlier rulings dismissing Berkheimer’s suit. Justice Joseph T. Deters, writing for the majority, noted that diners should not expect a warranty of no bones, similar to how ‘chicken fingers’ are not actual fingers.
In contrast, dissenting justices criticized this rationale, arguing a jury should determine the restaurant’s negligence in delivering a piece of meat advertised as boneless. Justice Michael P. Donnelly contended that the term ‘boneless’ commonly implies ‘without bones,’ especially to parents serving boneless chicken to children.
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