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‘It is a serious matter’ Ohio lawmaker introduces bill after boneless chicken case

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‘It is a serious matter’ Ohio lawmaker introduces bill after boneless chicken case


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In July, the Ohio Supreme Court ruled in a 4-3 decision that customers who order boneless chicken should expect bones.

Ohio Sen. Bill DeMora, D-Columbus, wants to change that with a bill that would establish a test for restaurants’ and suppliers’ liability for food with harmful substances.

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“In 49 of the 50 states, boneless means without a bone, but in Ohio, boneless means the predominance of finding a bone,” he said.

What is the boneless chicken case in question?

In 2016, Hamilton resident Michael Berkheimer ordered his usual, boneless chicken wings with parmesan garlic sauce, at Wings on Brookwood. He ate the wings with a knife and fork as he usually did and accidentally swallowed a roughly 1.3-inch chicken bone.

The bone tore a hole in his esophagus, Berkheimer told The Cincinnati Enquirer, and led to infections and a two-month hospital stay. He sued the restaurant and the food supplier. The case went all the way up to the Ohio Supreme Court, but Berkheimer never got a jury trial.

The court ruled that boneless wings refers to a cooking method and not a guarantee of no bones.

“To say that boneless is food preparation, give me a break. That’s twisting the law,” DeMora said.

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What would the bill do?

DeMora said it’s a matter of food safety and consumer protection.

“I don’t know anywhere in Ohio people don’t eat boneless wings,” he said. “Parents order their children chicken nuggets, those are boneless wings. They have to worry about there being bones now.”

His bill would allow for a jury trial for a civil lawsuit brought by someone who suffered injury, death or loss from consuming food with a substance harmful to human health. It would also create a “reasonable expectation test” to decide whether the restaurant or food supplier is liable for the injury.

The bill has been referred to the Senate Judiciary Committee. If it does not receive final approval before the end of the year, the bill will need to be introduced during the next general assembly.

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“As members of the legislature, it’s our job to try to rectify this, and I hope my colleagues will at some point in the next session take this seriously, because it is a serious matter,” DeMora said.

Erin Glynn is a reporter for the USA TODAY Network Ohio Bureau, which serves the Columbus Dispatch, Cincinnati Enquirer, Akron Beacon Journal and 18 other affiliated news organizations across Ohio.



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Ohio

Ohio Department of Health finds ‘significant issues’ at Insight Trumbull

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Ohio Department of Health finds ‘significant issues’ at Insight Trumbull


“The Ohio Department of Health’s (ODH) inspection of Insight Hospital and Medical Center Trumbull on Tuesday found several significant issues that need to be addressed before the hospital can re-open, to ensure the health and safety of patients. Insight will need to contact ODH once these issues have been addressed. At that point, we will conduct another inspection to verify the standards have been met,” the statement reads. 



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More rain on the way in NE Ohio: See when you’ll need an umbrella

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More rain on the way in NE Ohio: See when you’ll need an umbrella


CLEVELAND, Ohio — Northeast Ohio finally picked up some much-needed rain to start the week, and more is on the way.

After a soggy Monday and start to Tuesday, conditions will improve through the afternoon. Clouds will linger, but most spots should stay dry with just a slight chance of a stray shower.

This should come as welcome news for the Guardians, who open a three-games series Tuesday night against the Tigers with first place in the AL Central and a possible trip to the postseason at stake.

The lull in precipitation will be short-lived as a new storm system lifts across the Great Lakes Wednesday and brings another round of widespread rain. Showers will spread back into the region during the morning and become steady through the afternoon, with a few thunderstorms possible, according to forecasters with the National Weather Service in Cleveland.

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Rainfall totals from this midweek system could reach three-quarters of an inch to more than an inch across parts of Northeast Ohio, according to early projections. Localized higher amounts are possible where thunderstorms develop.

There’s a marginal risk for severe weather in the southern half of Ohio on Wednesday, Sept. 24, 2025. Any thunderstorms that do develop in Northeast Ohio could still result in heavy rainfall in spots.Courtesy Storm Prediction Center

While they could bring higher rainfall totals, any storms that do develop aren’t expected to be severe, according to the Storm Prediction Center. The strongest risk for severe weather will stay well to the south.

Temperatures Wednesday will be limited to the low and mid 70s because of the cloud cover and rainfall. Lingering showers may hang on into Thursday, with highs again in the 70s.

By Friday and Friday night, high pressure will attempt to build in from the Upper Midwest. That should dry out most of Northeast Ohio, though an isolated shower can’t be ruled out.

Drier this weekend

Weather graphic showing five-day weather forecast for Cleveland, Ohio, Sept. 23-27
The five-day weather forecast for Cleveland, Ohio, covering Sept. 23 through Sept. 27, 2025.cleveland.com

Fortunately, the rain from the week won’t linger into the weekend for most of Northeast Ohio.

A cold front is expected to sweep across the state on Saturday, which could bring some showers to Lake and Ashtabula counties overnight.

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By Sunday, the entire region is expected to be dry, though temperatures will turn a bit cooler. Highs on Saturday will reach the mid 70s to near 80 before highs fall back into the low to mid 70s on Sunday and Monday.

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Ohio State leads, Texas A&M surges in US LBM Coaches Poll ranking after Week 3

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Ohio State leads, Texas A&M surges in US LBM Coaches Poll ranking after Week 3


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Another week of wild finishes and a few surprises shuffled the US LBM Coaches Poll. But once again, the changes didn’t reach the top.

The teams ranked No. 1 through No. 7 hold their positions, though some had an easier time this week than others. Ohio State remains in the top spot, receiving 62 of 67 first-place votes this week. Penn State stays at No. 2 with three No.-1 nods. No. 3 Georgia and No. 4 LSU claim a first-place vote each. Oregon, Miami (Fla.) and Texas also hold steady.

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Illinois climbs a notch to No. 8, a season-high ranking for the Fighting Illini on the eve of a key Big Ten clash with No. 17 Indiana. Florida State vaults three places to No. 9. Texas A&M makes the week’s biggest move, climbing seven positions to No. 10 on the heels of its last-minute victory at Notre Dame.

TOP 25: Complete US LBM Coaches Poll after Week 3

The Fighting Irish, meanwhile, tumble from No. 8 to No. 21 as last season’s playoff runners-up are still seeking their first win of the campaign.

It was a rough weekend for the Palmetto State, as both Clemson and South Carolina went down to defeat. The Gamecocks, at least, stay in the poll at No. 24 after losing at home to Vanderbilt. The Commodores, thanks to that victory, make their season poll debut at No. 23.

Clemson falls out of the rankings after being handed its second loss of the young season by Georgia Tech, which also moves into the poll at No. 19. Also joining the rankings are No. 22 Missouri, after lurking just outside the Top 25 last week, and No. 25 Auburn, which edges out Brigham Young by just two poll points. South Florida and Arizona State also drop out.

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(This story was updated to change a video.)



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