Ohio
‘It is a serious matter’ Ohio lawmaker introduces bill after boneless chicken case
The Viral Boneless Wing Lawsuit: Michael Berkheimer’s Story
Prompt: https://www.cincinnati.com/story/news/politics/2024/07/31/ohio-chicken-wing-case-michael-berkheimer-speaks-out-for-first-time/74593611007/
Description: Discover the eight-year legal battle of Michael Berkheimer, whose life was altered irrevocably by a chicken bone in a boneless wing. Learn about his court case, the health consequences, and his advocacy for safer food standards.
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.
“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.
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.
“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.
TEMPE, AZ – JANUARY 02: Head coach Jim Tressel of the Ohio State Buckeyes holds the football from the trophy after the Buckeyes defeated the Notre Dame Fighting Irish in the Tostito’s Fiesta Bowl at Sun Devil Stadium on January 2, 2006 in Tempe, Arizona. The Buckeyes defeated the Fighting Irish 34-20. (Photo by Jeff Gross/Getty Images)
The Ohio Lottery offers multiple draw games for those aiming to win big.
Here’s a look at June 22, 2026, results for each game:
Powerball
Powerball drawings are held Monday, Wednesday and Saturday at 10:59 p.m.
17-19-21-45-48, Powerball: 13, Power Play: 2
Check Powerball payouts and previous drawings here.
Pick 3
Drawings are held daily, seven days a week, at 12:29 p.m. and 7:29 p.m., except Saturday evening.
Midday: 3-0-7
Evening: 1-5-2
Check Pick 3 payouts and previous drawings here.
Pick 4
Drawings are held daily, seven days a week, at 12:29 p.m. and 7:29 p.m., except Saturday evening.
Midday: 8-8-0-9
Evening: 8-4-4-7
Check Pick 4 payouts and previous drawings here.
Pick 5
Drawings are held daily, seven days a week, at 12:29 p.m. and 7:29 p.m., except Saturday evening.
Midday: 9-0-3-1-2
Evening: 7-9-6-0-7
Check Pick 5 payouts and previous drawings here.
Rolling Cash 5
Drawings are held daily, seven days a week, at approximately 7:05 p.m.
10-16-19-23-35
Check Rolling Cash 5 payouts and previous drawings here.
Classic Lotto
Drawings are held Monday, Wednesday and Saturday, at approximately 7:05 p.m.
13-16-28-35-41-44, Kicker: 7-6-2-8-1-3
Check Classic Lotto payouts and previous drawings here.
Millionaire for Life
Drawings are held daily, seven days a week, at approximately 11:15 p.m.
07-08-20-24-42, Bonus: 05
Check Millionaire for Life payouts and previous drawings here.
Feeling lucky? Explore the latest lottery news & results
This results page was generated automatically using information from TinBu and a template written and reviewed by an Enquirer digital news director. You can send feedback using this form.
Meta data centers in New Albany to be among world’s largest
Meta data centers in New Albany to be among world’s largest
Ohioans won’t be voting on whether to ban data centers on the November ballot.
Conserve Ohio, the group working to block most data centers, announced that it would not submit the more than 413,000 signatures needed to make the fall ballot by the July 1 deadline.
But the data center opponents aren’t giving up on a constitutional amendment. They are now targeting the 2027 ballot.
“We want to make it clear: we will not be stopping. Construction won’t be stopping, so signature gathering and community action will not be stopping,” according to a Conserve Ohio statement.
The group’s decision comes after Ohio lawmakers failed to pass legislation to rein in data centers before a months-long break. Lawmakers disagreed on whether to reduce tax breaks for data centers or eliminate them entirely.
The debate over data centers in Ohio has created strange political bedfellows. Environmentalists and rural voters often oppose them, while business groups and labor unions are backing them.
State government reporter Jessie Balmert can be reached at jbalmert@gannett.com or @jbalmert on X.
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