The Ohio Supreme Court ruled in a 4-3 verdict that the name “boneless wings” only refers to the cooking style of the meal and should not be taken in the literal sense.
The ruling came in the case initiated by Ohio-based Michael Berkheimer who was having his normal meal with his family and friends when a “boneless” chicken wing started causing trouble in his throat.
At first, Berkheimer assumed that his food might have entered the wrong pipe in his throat, but he later suffered from chronic fever, which urged him to consult doctors. He later suffered from a heart attack, which damaged one of his lungs and pushed him into a long health battle, after which he sued the company for negligence.
According to Justice Joseph T. Deters, the decision essentially means that someone consuming boneless wings from a restaurant should know that the description of the item would not guarantee the absence of bones in it. Weird, right?
Judges who wrote the dissenting note called the verdict “utter jabberwocky” and stated that parents who buy boneless chicken, nuggets or tenders usually assume that they are boneless.
In the dissenting note, Justice Michael P Donnelly stated that any sensible person would think that the term “boneless wing” refers to the wings that come without bones.
Wings on Brookwood, where Berkheimer was enjoying his meal, celebrated the court verdict and wished that the ruling would save small businesses from “frivolous lawsuits.”
Meanwhile, the plaintiffs wanted to bring the case to the jury instead of the judges to give the verdict straightaway.
Ohio State Senator Bill DeMora also raised his concerns about the ruling, stating that he would soon bring legislation that would require such cases to be forwarded to the jury. DeMora, who is a Democrat, labeled the verdict as “outrageous,” stating that the ruling defied common sense.
Although DeMora has consulted the Ohio Legislative Service Commission to come up with legislation on the issue, experts believe that the legislature is unlikely to pass any such bill before the upcoming elections.
Berkheimer is still suffering from the after effects of the incident and has even consulted a psychiatrist to come out of the trauma he suffered. He argued that he survived the dangerous event with the help of God and his wife, whose backing allowed him to recover from the extreme medical conditions.
