Ohio Supreme Court Rules Boneless Wings Can Have Bones
The Ohio Supreme Court has ruled that boneless wings can have bones! Does this finally put an end to the age old debate?
People have been arguing over this for years. Can boneless wings have bones? Now, we have our answer from the highest court in Ohio. So, if you find a bone in your boneless wing and you think you can now win a lawsuit you might not be so lucky.
Supreme Court Rules Boneless Wings Can Have Bones
Eating boneless wings doesn’t mean you won’t find a bone! You still have to be careful while you’re eating. It was a close ruling, but a majority of the court ended up finding that boneless wings can, indeed, contain bones.
According to The Columbus Dispatch, the Ohio Supreme Court ruled that bones are a natural part of chicken so a consumer should be on guard for them even in boneless wings in a 4-3 ruling. Republican Justice Joe Deters wrote for the majority saying, “There is no breach of a duty when the consumer could have reasonably expected and guarded against the presence of the injurious substance n the food,” per Dispatch.com.
However, Democrats don’t seem to agree with the ruling. They seen to believe that a jury should decide whether customers should expect to find bones in their boneless wings and not a judge. Justice Michael Donnelly tells Dispatch.com, “The result in this case is another nail in the coffin of the American jury system. In my view, the majority opinion makes a factual determination to ensure that a jury does not have a chance to apply something the majority opinion lacks–common sense.”
The case started when Michael Berkheimer ordered boneless wings at Wings On Brookwood in Hamilton back in April of 2016 and ended up swallowing a bone and ended up with an infection that required 2 surgeries, per The Columbus Dispatch. In 2017, Berkheimer sued the restaurant owners and the chicken suppliers and processors essentially saying that boneless wings should not contain bones hence the name “boneless.” However, Deters and the other side felt like “boneless” is just a title and a style of cooking saying, “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 no been served fingers. The food item’s label-on the menu described a cooking style; it was not a guarantee.”
What do you think? If you were on a jury, would you say boneless wings mean no bones or is it simply a title?