Chicken Bones Stuck In Kerongkongan, American Man Sues Restaurant Promo Chicken Wings Without Bones
JAKARTA - Restaurant visitors who order chicken wings that are promoted "without bones", cannot expect the chicken wing to be completely boneless, according to a Ohio Supreme Court decision.
The decision was taken in the case of Michael Berkheimer, who in 2016 was eating his usual boneless wing with parmesan garlic sauce at an Ohio restaurant called Wings on Brookwood.
He felt something was wrong when eating his order. A few days later, Berkheimer had a fever so he had to go into the emergency room.
Reported by CBS News, Friday, July 26, doctors found a 5 centimeter chicken bone stuck in its cavity. The bone causes bacterial infection in the chest cavity and prolonged medical problems, including difficulty breathing.
Berkheimer accused the restaurant of having no warning on a menu that 'promoted' wings without bones actually contained bones.
He sued negligence and warranty violations, as well as other claims.
But in its ruling, Ohio's Supreme Court said the wings "without bones" refer to the cooking style.
The court said Berkheimer should be wary of bones because it is common knowledge that chickens have bones. The high court sided with a lower court rejecting Berkheimer's lawsuit.
A visitor who reads the 'boneless wing' in his menu will no longer believe that the restaurant guarantees no bone on its menu, wrote Judge Joseph T. Deters, who supports the majority.
"The food label on the menu describes the style of cooking," continued Hamim.
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The judges who had different opinions ridiculed the excuse by calling 'Jabberwocky', referring to Lewis Carroll's unreasonable poetry.
The judge said the jury should have decided whether the restaurant was negligent, not a court judge.
The judges most likely ate the wings without bones, some would feed the wings without bones to their children, and the judges had common sense, Judge Michael P.
"They will be able to determine, better than any court, what consumers expect when ordering a boneless wing," he added.