CNN —An Ohio restaurant is not responsible for a customer’s injury after a bone was found in an order of boneless wings, a divided Ohio Supreme Court ruled Thursday, affirming an appellate court’s earlier decision.
Berkheimer’s medical records said that a doctor found a “5cm-long chicken bone” lodged in his esophagus, according to court records.
Berkheimer sued the restaurant, a food supplier, and a chicken farm in the Butler County Common Pleas Court in 2017.
In 2023, Berkheimer appealed to the Supreme Court, which agreed to hear the case, the release said.
On Thursday, the Ohio Supreme Court affirmed the dismissal of the lawsuit, saying the customer could have guarded against a piece of bone in his meal.
Persons:
Michael Berkheimer, Berkheimer, ”, –, ’, Joseph T, Deters
Organizations:
CNN, Wings, Twelfth, Court
Locations:
An Ohio, Ohio, Brookwood, Hamilton , Ohio, Butler