The Ohio Supreme Court ruled that a man who ordered boneless wings should’ve expected bones in them. The court denied him a jury trial, even after he endured major injuries, several surgeries, and two medically induced comas. The Ohio Supreme Court believes everyone should know that “boneless” wings don’t actually mean boneless. The court’s decision can be summarized as “You should have known better.”
The lawsuit stems from a 2017 incident. Michael Berkheimer, out for a nice meal with his wife and friends at a wing joint in Hamilton, Ohio, decided to stick to his favorite – boneless wings with parmesan garlic sauce. But his evening took a sharp turn when a bite-sized piece of meat went rogue. Three days later, he was rushed to the ER with a 105-degree fever. Doctors discovered a chicken bone, measuring 1 and 3/8 of an inch, lodged in his throat, which had caused a tear in the wall of his esophagus. According to the lawsuit, this led to a “massive infection in his thoracic cavity.”
The severity of the infection, which centered on Mr. Berkheimer’s heart and lungs, required multiple surgeries, two medically induced comas, and a week-long stay in intensive care, followed by an additional two to three weeks in the hospital, according to the lawsuit. The medical issues are still ongoing.
Naturally peeved, Berkheimer sued the restaurant, Wings on Brookwood, for not warning him that “boneless wings” – which, let’s face it, are just nuggets of boneless, skinless breast meat – might still contain bones. Berkheimer also went after the supplier and the chicken farm, accusing them all of negligence.
In a 4-3 decision, the Supreme Court contended that “boneless” is merely a “cooking style” and that consumers should know that “chickens have bones.” The justices sided with lower courts that had already tossed out Berkheimer’s lawsuit. So, the takeaway here? If you’re munching on “boneless” wings, don’t be surprised if you encounter a bit of real chicken anatomy.
