According to the Ohio Supreme Court, “boneless wings” may not always be completely bone-free. This clarification followed a lawsuit by Michael Berkheimer, who sued a restaurant after a bone fragment from “boneless wings” he ate in 2016 lodged in his throat, causing serious health issues.
He sued the restaurant for negligence and breach of warranty. The Ohio Supreme Court ruled that the term “boneless wings” refers to a cooking style rather than guaranteeing the absence of bones, stating it’s common knowledge that chickens have bones.
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Despite Berkheimer’s ordeal, the court upheld the lower courts’ decision to dismiss the lawsuit in a narrow 4-3 majority. The dissenting justices argued that the term “boneless” should unequivocally mean without bones.
