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.
Associated PressFILE - A"boneless chicken wing" is displayed in Glenside, Pa., on Feb. 8, 2023. On Thursday, July 25, 2024, the Ohio Supreme Court ruled that consumers cannot expect boneless chicken wings to actually be free of bones, rejecting claims by a restaurant patron who suffered serious medical complications from getting a bone stuck in his throat.
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.
"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.
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