Ohio Supreme Court Ruling on ‘Boneless Wings’ Debate

The Ohio Supreme Court has decided that consumers should not expect boneless chicken wings to be entirely free of bones. This ruling arose from a case involving Michael Berkheimer, who faced severe medical issues after a bone became lodged in his throat while dining at Wings on Brookwood in Hamilton, Ohio.

Berkheimer ordered boneless wings with parmesan garlic sauce. Despite this, he experienced pain and discomfort after a bite-sized piece of meat went wrong. Within days, Berkheimer developed a fever and struggled to eat, prompting a visit to the emergency room. There, doctors found a long, thin bone had torn his esophagus, leading to an infection.

Berkheimer’s lawsuit against the restaurant, its supplier, and the chicken farm alleged negligence. He claimed they failed to inform him that boneless wings—usually made from boneless, skinless breast meat—could contain bones.

In a narrow 4-3 decision, the Supreme Court ruled in favor of the lower courts’ dismissal of the case. The majority opinion clarified that ‘boneless wings’ denote a cooking style, implying no guarantee of the absence of bones. Justice Joseph T. Deters argued that menu readers aware of common chicken anatomy should expect potential bone presence. He compared it to the term ‘chicken fingers,’ noting consumers understand they’re not eating literal fingers.

However, dissenting justices criticized the logic, suggesting the issue warrants jury consideration. Justice Michael P. Donnelly argued parents offering boneless products to children expect them to be truly devoid of bones, highlighting that ‘boneless’ implies ‘without bones’ to most people.