'Boneless chicken wings can have bones': Ohio Supreme Court declares
Ohio Supreme Court ruled that boneless chicken wings can have bones
The Supreme Court in the US state of Ohio has ruled that consumers cannot expect boneless chicken wings to actually be free of bones. The court was hearing a case filed by a restaurant patron who suffered medical issues after getting a bone stuck in his throat.
The court delivering the 4-3 judgement gave an amusing analogy stating that diners know they are not being served 'fingers' when they order 'chicken fingers'.
“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 not been served fingers,” Justice Joseph TDeters wrote for the majority.
"The food item's label on the menu described a cooking style; it was not a guarantee," he added.
The judges who did not agree with the majority view described it as“utter jabberwocky" and said a jury should be allowed to decide whether the restaurant the negligent or not.
"Jurors likely have eaten boneless wings, some will have fed boneless wings to their children, and jurors have common sense.They will be able to determine, better than any court, what a consumer reasonably expects when ordering boneless wings," said dissentingJustice Michael PDonnelly.
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What is the case about?
Michael Berkheimer, an Ohio resident, was dining with his wife and friends in 2016 at 'Wings on Brookwood'when he ordered boneless wings with parmesan garlic sauce. However, after eating the chicken piece, he felt somewhat uncomfortable.
Three days later,Berkheimer went to the emergency room after feeling feverish and unable to get food down his throat. The doctors diagnosing him discovered a long, thin bone down in his throat that had reportedly torn his oesophagus, causing the reaction.
Having suffered,Berkheimertook the restaurant to court and argued that the menu had no warning to indicate that its boneless wings could actually contain bones. He sued the restaurant fornegligence and breach of warranty, among other claims.
(With inputs from agencies)