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Advertising chicken wings as “boneless” doesn’t mean they have to be bone-free.
That’s according to the Ohio Supreme Court, which on Thursday made the determination in settling a lawsuit filed by a man against a Hamilton wing joint. In his lawsuit, Michael Berkheimer says he ordered boneless wings from Wings on Brookwood – and ended up with a tear in his esophagus, which doctors say was caused by a long, thin bone he swallowed. He sued the restaurant, claiming it was liable because it wasn’t honest about having bones in its chicken wings.
In a 4-3 decision handed down on Thursday, the Supreme Court ruled that the term “boneless wings” refers to a style of cooking, not the content of the chicken. It also ruled that Berkheimer should have eaten more carefully because it’s “common knowledge that chickens have bones.”
Suit dismissed.