Ohio Supreme Court hears case regarding injury allegedly caused by bone found in boneless wing

A man has a bone to pick with an Ohio eatery (among others) regarding chicken wings, and his case is being handled by the state’s highest court.

Yesterday morning, the Ohio Supreme Court heard oral arguments from plaintiff Michael Berkheimer and the defendants of an ongoing legal dispute.

According to court records, after dining at Wings on Brookwood, a restaurant in Hamilton, Ohio, in April of 2016, Berkheimer alleged he sustained injuries while consuming an order of boneless wings that actually contained a bone.

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The bone allegedly caused a tear in his esophagus, which led to an infection and later cardiac and pulmonary issues as well.

In October of 2016, Berkheimer filed a lawsuit against the restaurant owner, in addition to the company where the chicken was processed, Gordon Food Service, and the farm the chicken came from, Wayne Farms.

Two of the state’s lower courts have ruled against Berkheimer, siding with the defendants who argued that the presence of bone in chicken meat is a natural occurrence.

We’ll await on the outcome of the case, which carries interesting implications for future food-related litigation in the state, and we’ll also watch out before the next time we bite into a boneless wing.

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