Ohio Supreme Court Rules on ‘Boneless Wings’ Case

The Ohio Supreme Court ruled that consumers should not expect ‘boneless wings’ to be completely free of bones. This decision came after Michael Berkheimer experienced severe medical issues from a bone stuck in his throat while dining at a restaurant in Hamilton, Ohio.

Berkheimer was eating boneless wings with parmesan garlic sauce when he accidentally swallowed a bone. Three days later, he visited the emergency room with a fever and an inability to eat. Doctors found a bone had torn his esophagus and caused an infection.

Berkheimer sued Wings on Brookwood, claiming failed warnings about possible bones in ‘boneless wings.’ He also included the chicken supplier and farm in his lawsuit, alleging negligence.

The Supreme Court’s 4-3 decision stated that ‘boneless wings’ is a cooking style. The court noted that diners should be aware that chickens have bones. Justice Joseph T. Deters, writing for the majority, explained that a reasonable diner would not expect an absolute absence of bones.

A diner reading ‘boneless wings’ on a menu would no more believe that the restaurant was warranting the absence of bones in the items than believe that the items were made from chicken wings, just as a person eating ‘chicken fingers’ would know that he had not been served fingers.

The dissenting opinion argued that a jury should have determined the restaurant’s negligence. Justice Michael P. Donnelly emphasized that consumers, especially parents feeding children, assume ‘boneless’ means ‘without bones.’

When they read the word ‘boneless,’ they think that it means ‘without bones,’ as do all sensible people.