COLUMBUS, Ohio – In a case that has drawn widespread attention, the Ohio Supreme Court has ruled in favor of a restaurant in a lawsuit brought by a customer who suffered injuries after swallowing a bone found in an order of boneless chicken wings.
Michael Berkheimer filed the lawsuit in 2017 against Wings on Brookwood, the restaurant, and its suppliers, claiming negligence. The case centered on whether a restaurant can be held liable for serving food labeled as “boneless” that contains bone fragments.
The court’s majority opinion, written by Justice Joseph T. Deters, determined that “boneless wings” is a term referring to the preparation method and does not guarantee the complete absence of bones. The court reasoned that consumers should expect to find some bone fragments in such dishes and that the restaurant could not be held responsible for the presence of these natural elements.
The decision was not unanimous, with three dissenting justices arguing that the case should have been decided by a jury. They contended that the term “boneless” implies a higher standard of care on the part of the restaurant and that it was inappropriate for the court to determine the reasonableness of a consumer’s expectations.