CINCINNATI, Ohio (WKRC) - Ohio Supreme Court ruled that a person can expect to find bones inside chicken wings advertised as "boneless" when they go out to eat.
The decision came afterMichael Berkheimer sued a restaurant, its food supplier and a chicken farm after he suffered serious medical problems resulting from getting a chicken bone lodged in his throat, according to legal documents.He had ordered boneless wings.
Berkheimerhad eaten at Wings on Brookwood, a restaurant in Butler County, when he said a piece of meat went down the wrong pipe. For the next few days, he had a fever and was unable to keep food down. Eventually, Berkheimer went to the emergency room.
Medical records would show that he had a "5cm long chicken bone" lodged in his throat. Berkheimer said it had tore his esophagus and caused a bacterial infection in his thoracic cavity. This would cause ongoing medical issues.
When his case went to trial court, they ruled that the defendants were not negligent even through a bone was served inside the boneless wing. Once the case reached the Ohio Supreme Court, it would agree with the trial courts ruling.
"The court of appeals correctly applied this blended analysis in determining that there was no material question of fact about whether Berkheimer could have reasonably expected a bone to be in the boneless wing and thus could have guarded against it," said the Ohio Supreme Court ruling.
The 4-3 ruling on Thursday stated that "boneless" wings refers to a cooking style and Berkheimer could have been on guard to protect himself.
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