‘Boneless’ chicken wings can have bones, US court rules after diner suffers serious injury
- A bone stuck in his throat eventually tore restaurant patron Michael Berkheimer’s oesophagus and caused an infection
Consumers cannot expect boneless chicken wings to actually be free of bones, a divided Ohio Supreme Court ruled on Thursday, rejecting claims by a restaurant patron who suffered serious medical complications from getting a bone stuck in his throat.
Michael Berkheimer was dining with his wife and friends at a wing joint in Hamilton, Ohio, and had ordered the usual – boneless wings with Parmesan garlic sauce – when he felt a bite-size piece of meat go down the wrong way.
Three days later, feverish and unable to keep food down, Berkheimer went to the accident and emergency, where a doctor discovered a long, thin bone that had torn his oesophagus and caused an infection.
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.
When they read the word ‘boneless’, they think that it means ‘without bones’, as do all sensible people
In a 4-3 ruling, the Supreme Court said Thursday that “boneless wings” refers to a cooking style, and that Berkheimer should have been on guard against bones since it is common knowledge that chickens have bones. The high court sided with lower courts that had dismissed Berkheimer’s suit.