Reporter at News 5 Cleveland
COLUMBUS, Ohio — The Ohio Supreme Court ruled that a man who ordered boneless wings should have expected bones to be in them, denying him a jury trial after he suffered major injuries, including several surgeries and two medically induced comas. A state legislator is so outraged by the decision that he plans to propose a bill to change the law.
"The severity of the infection, which centered on Mr. Berkheimer’s heart and lungs, required several surgeries, two medically induced comas, and a week-long stay in intensive care, followed by two-to-three additional weeks in the hospital," the lawsuit states.Berkheimer sued the restaurant and their chicken suppliers, arguing that the sellers'"negligence" led to his injuries.
Deters added that"boneless wings" are a cooking style, according to the opinion. He compared"boneless wings" to the food"chicken fingers," noting that people would not actually think they are eating fingers. "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 justice continued.
This could have ripple effects, Donnelly argued. For people who are nut, dairy or gluten-free, the court seemed to have decided that if they order allergy-free food, it could still have the allergen because that is"natural" to the food."But unlike the presence of the bone in this case, the presence of lactose or gluten in a food that was advertised as lactose-free or gluten-free is not something a consumer would customarily expect and be able to guard against," Deters said.
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