Following oral arguments Tuesday, the Ohio Supreme Court is chewing on a tough issue: whether a consumer should have reasonably anticipated and guarded against swallowing an inch and a half-long bone in his boneless chicken wing as a matter of law or the case should proceed to a jury to determine the potential liability of a restaurant and its food supplier.
Michael Berkheimer sued REKM, doing business as the restaurant, Wings on Brookwood, its food supplier, GFS, and Wayne Farms, the manufacturer of the chicken product, for an alleged injury he sustained after ingesting a bone that was approximately one and one-half inches long in length while consuming “boneless” chicken wings. Berkheimer appealed to the state high court after the Ohio 12th District Court of Appeals affirmed the trial court’s summary judgment order in favor of the defendants.
