Posted on 07/25/2024 3:06:05 PM PDT by DFG
Consumers cannot expect boneless chicken wings to actually be free of bones, a divided Ohio Supreme Court ruled Thursday, rejecting claims by a restaurant patron who suffered serious medical complications from getting a bone stuck in his throat.
Michael Berkheimer was dining with his wife and friends at a wing joint in Hamilton, Ohio, and had ordered the usual — boneless wings with parmesan garlic sauce — when he felt a bite-size piece of meat go down the wrong way. Three days later, feverish and unable to keep food down, Berkeimer went to the emergency room, where a doctor discovered a long, thin bone that had torn his esophagus and caused an infection.
Berkheimer sued the restaurant, Wings on Brookwood, saying the restaurant failed to warn him that so-called “boneless wings” — which are, of course, nuggets of boneless, skinless breast meat — could contain bones. The suit also named the supplier and the farm that produced the chicken, claiming all were negligent.
In a 4-3 ruling, the Supreme Court said Thursday that “boneless wings” refers to a cooking style, and that Berkheimer should’ve been on guard against bones since it’s common knowledge that chickens have bones. The high court sided with lower courts that had dismissed Berkheimer’s suit.
“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,” Justice Joseph T. Deters wrote for the majority.
(Excerpt) Read more at nypost.com ...
Court is correct in this case.
i also agree with court
Not made from chicken wings? I'M GONNA SUE!!
At Applebee's, I'm not sure they are even made of chicken
“The dissenting justices called Deters’ reasoning “utter jabberwocky,” and said a jury should’ve been allowed to decide whether the restaurant was negligent in serving Berkheimer a piece of chicken that was advertised as boneless.
“The question must be asked: Does anyone really believe that the parents in this country who feed their young children boneless wings or chicken tenders or chicken nuggets or chicken fingers expect bones to be in the chicken? Of course they don’t,” Justice Michael P. Donnelly wrote in dissent. “When they read the word ‘boneless,’ they think that it means ‘without bones,’ as do all sensible people.”
I agree with the dissent.
Nope.
Berkheimer expected truth in advertising and expected safe food products.
He should have collected bigly.
Berkheimer’s IQ is not high enough to realize Chicken meat is manufactured from live chickens. No 2 chickens have exactly same bone structure. Ditto with human beings or any mammals for that matter. I always told my kids to chew chicken products completely because small bone pieces could be present.
Tell him to chew his food.
Bone-in or boneless? That is the question.
I have always opted for bone-in. That is where you find the most flavor and nutrients. The boneless is more or less like eating chicken breast.
I also like the dry-rub options. Soaking chicken wings with liquid sauce is somewhat disgusting for me.
Should be no bones in boneless products.
I,too,agree with the dissenting judges.
Basis of the suite were that the product was chicken wings and not drumsticks.
Reason why they no longer have Peg Legs on the menu
“The suit also named the supplier and the farm that produced the chicken, claiming all were negligent.”
How the hell is the farm that raised the chicken negligent?
IMO the ONLY one who’s negligent is the plaintiff for not chewing his food.
How the hell is the farm that raised the chicken negligent?
They knew those chickens had bones !! /s 🤔
I guess this was beside the point, but how did he establish the chicken bone that injured him came from that specific meal at that specific restaurant?
As do I, and I do not grasp how others can think it is reasonable for "boneless chicken" to have bones.
Is this like blank bullets having slugs in them?
Why do you think so?
MMMMMM...boneless chicken wings
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