Ohio Supreme Court Rules Restaurant Not Responsible for Man’s Injury After Bone Gets Lodged in Throat While Eating Boneless Wings

The Ohio Supreme Court ruled Thursday that “boneless” chicken wings advertised at restaurants aren’t guaranteed to be entirely bone-free. This 4-3 decision comes after Michael Berkheimer’s 2017 lawsuit, where he claimed to have swallowed a thin chicken bone that tore his esophagus, causing a bacterial infection and other complications.

The incident occurred in 2016 when Berkheimer and his wife dined at Wings on Brookwood in Butler County, Ohio. Berkheimer ordered boneless wings, but while eating, he experienced a piece of chicken “[go] down the wrong pipe.” After days of discomfort and a trip to the emergency room, doctors discovered the bone lodged in his esophagus.

Berkheimer sued the restaurant and its chicken suppliers for negligence, arguing that there should have been a warning that “boneless wings” might still contain bones. However, both a trial court and the 12th District Court of Appeals ruled against him, a stance upheld by the Ohio Supreme Court.

The majority opinion, written by Justice Joseph T. Deters, stated that the term “boneless” refers more to the cooking style than an absolute promise of no bones. He compared the situation to “chicken fingers,” highlighting that no one expects actual fingers in their food.

The dissenting judges, however, felt the issue should have been decided by a jury. Justice Michael P. Donnelly called the majority’s reasoning “utter jabberwocky,” emphasizing that consumers, especially parents buying for their children, do not expect bones in “boneless” products.