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Chicken wings advertised as 'boneless' can have bones, Ohio Supreme Court decides

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Chicken wings advertised as 'boneless' can have bones, Ohio Supreme Court decides


Consumers cannot expect boneless chicken wings to actually be free of bones, a divided Ohio Supreme Court ruled Thursday, rejecting claims by a restaurant patron who suffered serious medical complications from getting a bone stuck in his throat.

Michael Berkheimer was dining with his wife and friends at a wing joint in Hamilton, Ohio, and had ordered the usual — boneless wings with parmesan garlic sauce — when he felt a bite-size piece of meat go down the wrong way. Three days later, feverish and unable to keep food down, Berkeimer went to the emergency room, where a doctor discovered a long, thin bone that had torn his esophagus and caused an infection.

Berkheimer sued the restaurant, Wings on Brookwood, saying the restaurant failed to warn him that so-called “boneless wings” — which are, of course, nuggets of boneless, skinless breast meat — could contain bones. The suit also named the supplier and the farm that produced the chicken, claiming all were negligent.

In a 4-3 ruling, the Supreme Court said Thursday that “boneless wings” refers to a cooking style, and that Berkheimer should’ve been on guard against bones since it’s common knowledge that chickens have bones. The high court sided with lower courts that had dismissed Berkheimer’s suit.

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“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,” Justice Joseph T. Deters wrote for the majority.

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.

“The question must be asked: Does anyone really believe that the parents in this country who feed their young children boneless wings or chicken tenders or chicken nuggets or chicken fingers expect bones to be in the chicken? Of course they don’t,” Justice Michael P. Donnelly wrote in dissent. “When they read the word ‘boneless,’ they think that it means ‘without bones,’ as do all sensible people.”



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Why Ohio State is built to ‘wake up and move on’ from a loss before the College Football Playoff

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Why Ohio State is built to ‘wake up and move on’ from a loss before the College Football Playoff


COLUMBUS, Ohio — Breathe in. Breathe out.

The dust has settled on Ohio State football’s last contest: a 13-10 loss to Indiana in the Big Ten Championship Game. Nearly 10 days have passed since the offensive line struggled to hold up, since the offense struggled to convert in the red zone and since the Buckeyes failed to accomplish one of their three major goals.

As is often the case at OSU, a loss is accompanied by anger, questions, concerns and aches.

“Sick to my stomach that we lost,” quarterback Julian Sayin said last week.

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Columbus schools closed Monday, Dec. 15 after snowfall, cold

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Columbus schools closed Monday, Dec. 15 after snowfall, cold


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Columbus City Schools is closing Monday, Dec. 15, after a weekend winter storm dumped more than 5.4 inches of snow on the region and cold temperatures descended.

Following the weekend snowfall, a cold weather advisory was issued for the area, to remain in affect across central Ohio through 11 a.m. Dec. 15.

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It was 4 degrees at John Glenn Columbus International Airport at 8:30 a.m. Dec. 14, with a wind chill of 16 degrees below zero.

Late on Dec. 14, CCS posted it would close Dec. 15 “due to inclement weather.” See more school closings at NBC 4 or check back with the Dispatch throughout the morning.

This list will be updated as additional information becomes available. School districts are encouraged to send an email with any delays or closures to newsroom@dispatch.com.



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Single-digit temps, below-zero wind chills hit central Ohio after snow

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Single-digit temps, below-zero wind chills hit central Ohio after snow


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Now comes the cold.

After nearly 5½ inches of snow fell Dec. 13 in some parts of central Ohio, the National Weather Service says bitterly cold temperatures moving into the region will mean highs in just the single digits.

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A cold weather advisory is in affect across central Ohio through 11 a.m. Dec. 15. It was 4 degrees at John Glenn Columbus International Airport at 8:30 a.m. Dec. 14, with a wind chill of 16 degrees below zero.

Temperatures to the west and south are even colder: 1 degree in Springfield, minus-1 in Dayton and minus-3 in Indianapolis. Those temperatures are not expected in the Columbus area, though. The forecast calls for slightly warmer temperatures by evening and highs in the low 20s Dec. 15.

The record cold expected for Dec. 14 — until now, the coldest high temperature in Columbus for this date was 16 degrees in 1917 — follows a day of record snow. The weather service recorded 5.4 inches of snowfall on Dec. 13 at John Glenn Columbus International Airport, topping the prior Dec. 13 record, which was 3.6 inches in 1945.

Level 2 snow emergencies, which means roads are hazardous and people should drive only if they think it’s necessary, remained in effect in Fairfield and Licking counties.

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Level 1 snow emergencies are in effect in Delaware, Franklin, Madison, Union and Pickaway counties.

Bob Vitale can be reached at rvitale@dispatch.com.



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