It’s hard to believe I’m just now hearing about the Ohio Supreme Court case involving boneless chicken wings with bones which was decided back in July, but here we are.

What is this boneless chicken wings with bones case all about? It’s not quite as straight-forward as you might imagine. Michael Berkheimer had some boneless chicken wings at a restaurant named Wings. He ordered his usual boneless chicken wings. He ate them. A small bone got lodged in his esophagus and ended up causing extensive damage requiring multiple surgeries.

He sued and that’s where it all gets legal.

Is it a violation to have boneless chicken wings with bones?

The case went through several courts before arriving at the Ohio Supreme Court. The court decided that boneless is a term meaning cooking style, not an absence of bones. They dismissed the case with the author of the opinion writing the following: 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.

I think it can be argued that it’s possible a bone might accidently slip into a boneless chicken wing and therefore Mr. Berkheimer is not entitled to sue Wings or their supplier. I disagree, but I do think it’s an argument.

Can a Jury Decide if Boneless Chicken Wings with Bones is actionable?

Here’s where things get incredibly dubious, at least in my opinion. The Ohio Supreme Court argues that Mr. Berkheimer cannot even bring the case to a jury. They dismissed the case as unwinnable. No reasonable person might think the boneless chicken wings with bones is actionable.

It’s clear to me, and virtually everyone else who’s been writing about this case since July when it first appeared, a reasonable person might well find Wings and their suppliers liable. Of course, it’s possible they might not find them so. But to suggest the case is unwinnable, that no reasonable person would find for Mr. Berkheimer, smells deeply of corruption. Of judges bowing the will of their moneyed masters.

Conclusion

The system is rigged against people without the financial resources to influence court cases. That’s the facts.

Tom Liberman