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.
Ohio
Leaders from dozens of states in Ohio to fight federal overreach
COLUMBUS, Ohio (WCMH) — The Ohio Statehouse hosted a historic gathering of legislative leaders from across the country Monday, discussing concerns about the increasing power of the federal government.
Senate presidents and House speakers from about 40 states met in the chambers of the Ohio House of Representatives, unanimously adopting a nonbinding declaration for the restoration of federalism and state empowerment.
“The states are not instrumentalities of the federal government; the states created the federal government, the states created the constitution,” said Bryan Thomas, spokesperson for the National Conference of State Legislatures (NSCL), which organized the assembly.
In addition to the federalism declaration, the inaugural Assembly of State Legislative Leaders unanimously adopted rules and frameworks for future assemblies. These rules were submitted by a bipartisan steering committee made up of five Democrats and five Republicans. Likewise, the Assembly’s proposal process requires bipartisan support in order to get a vote.
“Coming from a blue state and minority [party] in the current federal government, it’s really important for us to find partners to work with,” Hawaii Senate President Ron Kouchi (D) said. “What better partners than our fellow legislators?”
Ohio Speaker of the House Matt Huffman (R-Lima) has been working to organize an assembly of legislative leaders to reassert the tenets of federalism for years.
“What we’ve done in the last 50 years or so, I don’t think that George Washington and Thomas Jefferson and John Adams would recognize,” Huffman said. “There are some things that the states do better and some things that constitutionally the states are required to do.”
According to Thomas, there are several specific issues where many states feel their power has been usurped by the federal government—particularly with regard to Medicaid policy.
“With changes to Medicaid coming down the pipe from Congress, what is the state role?” Thomas said. “What flexibility can states have in administering this program?”
“Medicaid is the Pac-Man of the state budget. It is costing the state more and more money each year, it’s completely unsustainable,” Ohio Senate President Rob McColley (R-Napoleon) said. “It’s necessary for us to have these conversations about Medicaid because every state’s dealing with the same challenges.”
The Assembly did not end up voting on a proposed declaration regarding Medicaid, which would have urged Congress to “avoid unfunded mandates” and assert that states should “retain the authority to customize eligibility, benefits, and delivery systems.”
Although Thomas said planning for the Assembly has stretched between presidential administrations, President Donald Trump has made several moves during the first year of his second term to assert federal authority over the states — most recently by signing an executive order limiting states’ ability to regulate AI, and attempting to pressure the Indiana state legislature into redrawing congressional maps.
“There’s no specific action here of the current administration or the past administration that spurred this,” Thomas said. “This is more about a real grounding in principles.”
“Anybody has the ability to voice their opinion or their concerns on a variety of these issues,” McColley said of Trump’s campaign to influence the Indiana legislature. “I think the administration is free to talk about it and be involved in the process.”
It is not clear when or where the Assembly will meet next, but Kouchi suggested a meeting could be held at July’s NCSL conference in Chicago. With a framework in place, Kouchi said he hopes the next assembly will get into the “meaty issues” concerning state legislative leaders.
Ohio
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.
Now, after a week centered around College Football Playoff bracket debates and Heisman Trophy celebrations, Ohio State is looking to move on from the defeat in Indianapolis.
It should have little issue doing so.
The Buckeyes were in a similar, albeit more emotional and pressure-packed, situation last year. They entered the CFP off a loss, falling in shocking fashion to rival Michigan.
The final score of that contest: 13-10.
Ohio State went through some rigorous soul-searching, with coach Ryan Day and players having an emotional team meeting in which many on the roster expressed their frustrations with how the regular season ended.
The loss to Indiana isn’t as complicated. It’s simply a loss. However, the Buckeyes have experience flushing defeats before a postseason run.
“You’ve got to wake up and move on,” Day said.
As was the case last season, losing doesn’t diminish something apparent: Ohio State is a good team loaded with talent on its roster.
The Buckeyes are still betting favorites to go back-to-back this season, and statistics show why. They lead the nation in scoring defense and total defense while ranking in the top 25 of both categories on offense.
Ohio State has a slow and methodical approach on offense, but Day has expressed belief in his team’s ability to step on the pedal when appropriate. With Carnell Tate and Jeremiah Smith at receiver and Sayin under center, that belief shouldn’t falter.
“There’s still a bunch of guys in this room that know we can play with anybody in the country and beat anybody in the country when we’re on our game,” Day said.
The most pressing question left for Ohio State to answer before the CFP relates to offensive coordinator Brian Hartline. The Buckeyes’ play-caller was hired ahead of the Big Ten title game as South Florida’s next head coach.
Hartline called plays against Indiana, according to Day, and the plan is for him to do the same in the CFP. If there are concerns about his ability to balance two jobs, Day has a solution: time
USF announced Hartline’s hiring three days before Ohio State took the field at Lucas Oil Stadium. While also balancing the opening of the early signing period, Day had little opportunity to sit back and determine what was best for his offense.
The Cotton Bowl won’t present those challenges. Two-seeded Ohio State returns to action on Dec. 31 where it’ll meet the winner of No. 7 Texas A&M and No. 10 Miami in Dallas.
By then, Day will have had time to take a breath, assess the situation and determine who will run his offense.
Ohio
Columbus schools closed Monday, Dec. 15 after snowfall, cold
Snow hits downtown Columbus
Snow falls outside the Ohio Theatre as downtown Columbus turns into a winter wonderland.
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.
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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