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Diners cannot reasonably expect Boneless Chicken Wings The Ohio Supreme Court ruled Thursday that the case against an Ohio man who tore his esophagus while eating chicken was legal.
The Ohio Supreme Court ruled 4-3 to dismiss a lawsuit Michael Burkheimer filed against a chicken wing restaurant and its chicken supplier in 2017. The lawsuit had been dismissed twice in lower courts before the case reached the Ohio Supreme Court.
The incident that sparked the lawsuit occurred in 2016 when Burkheimer, his wife and several friends were dining at an Ohio restaurant called Wings on Brookwood. He ordered his usual boneless chicken wings with Parmesan garlic sauce when he felt “a piece of meat went wrong,” according to a person familiar with the situation. Court press release.
Birkheimer tried to clear his throat, but to no avail. Over the next three days, he had trouble eating and his fever worsened.
When he was rushed to the emergency room, doctors found a five-centimeter-long chicken bone lodged in his esophagus, which eventually triggered a bacterial infection and led to ongoing medical problems, according to Berkheimer’s lawsuit.
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Berkheimer sued Wings in Brookwood, alleging the restaurant failed to warn him that its so-called “boneless wings” — boneless, skinless chicken breast pieces — might contain bones. The lawsuit also named the supplier and farm that produced the chicken, alleging they were negligent.
But according to the Ohio Supreme Court’s majority opinion, “boneless chicken wings” refer to a cooking method that Berkheimer, and all chicken consumers, should reasonably expect and guard against when eating chicken that contains bones.
“If a diner sees ‘boneless chicken wings’ on a menu, he will not trust the restaurant’s assurance that the dishes are boneless or that they are made from chicken wings, just as a person eating ‘chicken fingers’ will not know that what he is eating is not fingers,” Judge Joseph T. Deters wrote.
March 2023 Chicago man sues Buffalo Wild Wings The company was accused of false advertising and “deceptive” business practices because its boneless wings were made from chicken breasts, not boneless wings. The case was dismissed by a judge.
However, dissenting judges on the Ohio Supreme Court ruled that Berkheimer’s case should have gone to a jury trial, maintaining that people should reasonably expect their boneless chicken wings to be boneless.
“The question must be asked: Does anyone really believe that parents in this country who feed boneless chicken wings, chicken tenders, chicken nuggets or chicken tenders to their young children think that there are bones in the chicken? Of course not,” Judge Michael P. Donnelly wrote.
“When they read the word ‘boneless’ they think it means ‘without bones’, and all sensible people think so.”
— Associated Press
© 2024 Global News, a division of Corus Entertainment Inc.
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