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Ohio Supreme Court rules that boneless chicken wings are allowed to contain bones

Boneless chicken wings with bleu cheese on a plate
Boneless chicken wings with bleu cheese on a plate
Getty Images/bhofack2

Before when sticking that while boneless chicken nugget into your mouth.  They may not be as advertised.

Michael Berkheimer of Hamilton, Ohio filed a lawsuit against the restaurant Wings on Brookwood after he swallowed a bone from a boneless chicken wing that got lodged in his throat, which tore his esophagus and caused an infection.


Unfortunately, for Berkheimer, the courts ruled that "boneless wings" refer to the style in which they are cooked, and that it's common knowledge that chickens have bones.

According to the Associated Press, the Supreme Court dismissed Berkheimer's suit, saying that he should have been "on guard" while consuming his boneless wings.

Justice Joseph T. Deters wrote for the majority, "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."

The dissenting justices called Deters' reasoning "utter jabberwocky," and said a jury should've been allowed to decide whether the restaurant was negligent in serving Berkheimer a piece of chicken that was advertised as boneless.

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