Lawmaker introduces ‘boneless wing bill' after viral Ohio Supreme Court court ruling
COLUMBUS, Ohio (WCMH) – The Ohio Supreme Court's viral ruling that customers who order boneless chicken wings should expect bones has inspired a lawmaker to introduce a bill that aims to hold food companies accountable.
Sen. Bill DeMora (D-Columbus) introduced Senate Bill 38 in late January, which would set statewide standards in lawsuits regarding an injury caused by food. Dubbed the 'boneless wing bill' by DeMora, the legislation would mandate that juries determine the liability of a restaurant or food supplier by deciding whether the injured person had a 'reasonable expectation that the food did not contain a substance that is injurious to human health.'
Vivek Ramaswamy will reportedly kick off bid for Ohio governor on Feb. 24
'A [reasonable expectation] test means what would the average person think about a certain situation,' DeMora said. 'I don't know what normal person in the United States doesn't think boneless means without bones.'
DeMora said the bill is in direct response to a July 2024 Ohio Supreme Court case, in which justices ruled bones are a natural part of chicken, so consumers should be on guard for them – even in wings labeled as 'boneless.' The ruling came after a man named Michael Berkheimer got a bone stuck in his throat after eating a 'boneless wing' and attempted to sue the restaurant that served it to him.
A Butler County Common Pleas Court granted summary judgment — meaning the case was decided without a jury trial — siding with the companies. Judges may take this course of action when they determine the evidence clearly leans a certain way and there are no significantly disputed facts that need to be decided by a jury. Berkheimer fought against this ruling; however, the 12th District Court of Appeals once again ruled against him, before the case went to the Ohio Supreme Court.
The state's highest court also sided with the companies, preventing Berkheimer from receiving a jury trial. Due to this, SB 38 would also mandate that all civil food injury cases go before a jury of one's peers rather than be decided by a judge.
Ohio bill looks to make it easier to prosecute parents who enable underage drinking
'It instills back the right to a jury trial in these kinds of cases,' DeMora said. 'Jury trials are the backbone and foundation of the judicial system and they should not have an individual judge determine whether a company is negligent or not.'
DeMora said the justices' ruling made Ohio the 'laughing stock of the nation.' Shortly after the court's decision, the ruling drew national headlines and online criticism, with Late Show host Stephen Colbert calling the ruling 'hot legal garbage.' If the bill were signed into law, it would not undo the Supreme Court's decision in Berkheimer's case, but would rather set a new precedent going forward.
The case originated from a 2016 incident when Berkheimer went to the Butler County restaurant Wings on Brookwood and ordered boneless wings. He cut each of his wings into a few pieces before eating them. When he ate a piece of his chicken, he testified it felt like a piece of meat went down the wrong pipe.
In the following days, he experienced a fever and was unable to keep food down. He went to the emergency room, where a doctor discovered a five-centimeter chicken bone lodged in his esophagus. After multiple surgeries, weeks in the hospital and the prolonged use of an oxygen tank, Berkheimer was left with lasting heart and lung damage and a partially paralyzed diaphragm, according to court filings. In 2017, Berkheimer sued the restaurant owners, as well as the chicken suppliers and processors.
After multiple legal failures, Berkheimer brought the case to the Ohio Supreme Court, arguing that lower courts did not consider the fact that the meal was advertised as boneless and gave no warning that a bone might be in the dish. To make its decision, the state's highest court used a blend of food liability legal principles, including the reasonable expectation test and the foreign natural test, which considers whether the object that caused the injury was a foreign object or a natural part of the food to make.
The Spectrum: House Minority Leader Russo; Jim Tressel
The majority opinion stated it is 'common sense' that the label was merely a description of the cooking style, not a guarantee of no bones. The justices argued since bones are natural to chicken, such as pieces of shell are natural to oysters, Berkheimer could have reasonably expected and guarded against the bone.
SB 38 was referred to the Senate's Judiciary Committee, where it awaits proponent and opponent testimony. It currently has one Democrat cosponsor.
Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Yahoo
39 minutes ago
- Yahoo
Eyes on Senate Republicans as Trump and Musk feud over tax and spend bill
As the simmering tensions between Donald Trump and his once top adviser, the billionaire Elon Musk, erupted into public view on Thursday, eyes turned to the Republican lawmakers still weighing whether to pass the president's so-called 'big, beautiful bill'. It was approved by just a single vote in the House of Representatives with no Democratic support last month, and nonpartisan analysts have found the sweeping legislation could add a whopping $2.4tn-$5tn to the $36.2tn US national debt and make deep cuts to Medicaid and food-assistance programs. Seen as an outline of Trump's 'America first' agenda, the bill would also extend tax cuts, fund beefed-up immigration enforcement and impose new work requirements for enrollees of federal safety net programs. In a barrage of tweets over its cost, which Musk warned would undo Doge's efforts to save the government money by cancelling programs and pushing federal workers out of their jobs, the billionaire called on conservatives to withdraw their support for the bill. Along with personal barbs aimed at Trump – including trumpeting support for his impeachment and signaling the president's ties to child sex offender Jeffrey Epstein – Musk spent Thursday afternoon re-posting years-old quotes from the House speaker Mike Johnson and the Senate leader John Thune, when the Republican lawmakers spoke critically of federal debt. Musk's intense withdrawal of support for the administration has magnified a rift in the Republican party that was already threatening the bill's passage in the Senate. While the Senate's Republican leaders have shown no indication that they share Musk's concerns, they are eyeing changes to some aspects of the measure that were the result of hard-fought negotiations in the House, and could throw its prospects into jeopardy. One issue that has reappeared is the deductibility of state and local tax (Salt) payments, which the tax bill passed under Trump in 2017 limited to $10,000 per household. House Republicans representing districts in Democratic-run states that have higher tax burdens managed to get a provision increasing the deduction to $40,000 into the One, Big Beautiful Bill act. But there are almost no Republican senators representing blue states. After meeting with Trump on Wednesday, Thune indicated his lawmakers were not inclined to keep that provision as they negotiate the bill. 'We also start from a position that there really isn't a single Republican senator who cares much about the Salt issue,' he said. 'It's just not an issue that plays.' Related: Trump's tax bill helps the rich, hurts the poor and adds trillions to the deficit | Katrina vanden Heuvel That could upset the balance of power in the House, where Republicans can lose no more than three votes on any bill that passes along party lines. Johnson spent weeks negotiating with his fractious Republican majority to get the bill passed narrowly through his chamber, and on Wednesday said he had been trying to speak with Musk about his concerns. In an interview with Bloomberg TV on Thursday, he called the Tesla CEO 'a good friend' and said the two had exchanged text messages ahead of a call he expected to take place that morning. 'I just want to make sure that he understands what I think everybody on Capitol Hill understands. This is not a spending bill, my friends, this is a budget reconciliation bill. And what we're doing here is delivering the 'America first' agenda,' Johnson said. 'He seems pretty dug in right now, and I can't quite understand the motivation behind it,' the speaker added. Later in the day, Johnson told reporters at the Capitol that the call did not take place, but that the disagreement 'isn't personal'. On X, Musk publicly questioned Johnson's resolve to cut government spending, prompting the speaker to reply that he 'has always been a lifelong fiscal hawk'. While the Tesla CEO has focused his complaints on the price tag of the bill, Trump accused him of turning against it because of provisions revoking incentives for consumers to purchase electric vehicles. The president began by saying he was 'very disappointed' by the former adviser's opposition to his top legislative priority, but the online insults escalated after Musk fired back that Trump would not have won election without his financial support. 'I'm very disappointed in Elon. I've helped Elon a lot,' Trump said, adding that 'he knew every aspect of this bill. He knew it better than almost anybody, and he never had a problem until right after he left.' 'Look, Elon and I had a great relationship. I don't know if we will any more,' the president said. The falling-out came days after Musk had stepped down as head of Trump's 'department of government efficiency' (Doge) and then pivoted to attacking the One Big, Beautiful Bill. Musk responded almost immediately on X, saying that the president's comment was 'false', and 'this bill was never shown to me even once'. He then pivoted to personal attacks on Trump, after praising him just days earlier in an Oval Office appearance to mark the end of his time leading Doge. 'Without me, Trump would have lost the election, Dems would control the House and the Republicans would be 51-49 in the Senate,' he said, responding to a video of Trump's remarks. 'Such ingratitude.' Gabrielle Canon contributed reporting
Yahoo
40 minutes ago
- Yahoo
Trump news at a glance: President's union with Musk up in flames as feud publicly spirals
The relationship between the richest man in the world and the most powerful one has spectacularly exploded, as Elon Musk publicly agreed Donald Trump should be impeached and linked him to the late sex offender Jeffrey Epstein. Musk stepped down from his role as a special government employee on 28 May after showing discontent with Trump's tax spending bill, officially known as the One Big Beautiful Bill Act, but had until this week stayed relatively restrained in his remarks. But in series of posts on Thursday, the tech billionaire turned aggressively against the president, who had also begun publicly mocking Musk. 'Time to drop the really big bomb: Donald Trump is in the Epstein files. That is the real reason they have not been made public. Have a nice day, DJT!' Musk wrote. His comments came after Trump threatened to cut subsidies for Musk's companies as it would save 'billions' and accused Musk of acting out of self-interest. Here are the key stories at a glance: Amid the feud, Musk responded to a social media post in which a prominent Musk supporter and right-wing activist suggested Trump should be impeached and replaced by the vice-president, JD Vance, to which Musk replied, 'Yes'. The Musk-Trump alliance began to unravel publicly earlier this week, when Musk described the tax spending bill as a 'disgusting abomination' that the tech billionaire highlighted would add $2.4tn to the deficit over the next decade, citing a non-partisan Congressional Budget Office estimate. Read the full story Tesla shares dropped by about 14.2% on Thursday at market close, wiping roughly $152bn off the value of the company as the feud between Musk, the company's CEO, and Trump erupted into full public view. One of Musk's complaints was that Trump was looking to scrap a subsidy that helps Americans buy EVs, including those made by Tesla. Read the full story Amid the dramatic row, eyes are now turning to Republican lawmakers weighing whether to pass the so-called One Big, Beautiful Bill Act in the Senate. It was approved by just a single vote in the House of Representatives with no Democratic support last month. Read the full story Trump has said it may be better to let Ukraine and Russia 'fight for a while' rather than pursue peace immediately, as the German chancellor, Friedrich Merz, urged him to increase pressure on Russia. Read the full story The United States is imposing sanctions on four judges from the international criminal court for what it has called its 'illegitimate actions' targeting the United States and Israel. The secretary of state, Marco Rubio, announced the sanctions in a statement, targeting Solomy Balungi Bossa of Uganda, Luz del Carmen Ibáñez Carranza of Peru, Reine Adelaide Sophie Alapini-Gansou of Benin and Beti Hohler of Slovenia. Read the full story Trump said he had accepted an invitation to meet Xi Jinping in China after a phone conversation on trade was held between the leaders of the world's two largest economies. In a post on Truth Social, the US president said the 'very good' call lasted about 90 minutes and the conversation was 'almost entirely focused on trade'. Read the full story The US defence secretary, Pete Hegseth, said Nato allies were 'very close, almost near consensus' to an agreement to significantly raise targets for defence spending to 5% of GDP in the next decade. Read the full story Chinese students in the United States are questioning their future in the country after the state department announced last week that it would 'aggressively' revoke visas for Chinese students and enhance scrutiny of future applications from China and Hong Kong. The Guardian's Amy Hawkins shares their stories. Read the full story. Trump has heaped criticism on the former German chancellor Angela Merkel for opening up her country to refugees, telling her successor: 'I told her it shouldn't have happened.' A leading TV weatherman in Florida has warned viewers on air that he may not be able to properly inform them of incoming hurricanes because of cuts by the Trump administration to federal weather forecasting. Joe Biden accused Trump of 'distraction' after he launched an investigation into the former Democratic president's time in office, claiming Biden's top aides had covered up his cognitive decline and taken decisions on his behalf. Catching up? Here's what happened on 4 June 2025.
Yahoo
an hour ago
- Yahoo
Maryland must tackle interconnected land use, housing, transportation, economic challenges
Traffic on the Capital Beltway near the American Legion Bridge. Surveys show Marylanders want housing near jobs, but state policy doesn't always make that easy. (Photo by Dave Dildine/WTOP) Maryland is well-known for innovative state policies and reforms, including smart growth, but the state missed key opportunities this year to build on that legacy. While approving a half-billion-dollar package to close a major transportation funding gap, the legislature (primarily the Senate) failed to adopt bills that would ensure the funds shift the state in a new direction toward abundant and affordable housing and transportation choices. Maryland's land use, high housing costs, transportation challenges and economic doldrums are interconnected. They require new approaches, not just patching budget holes to fix. Homes are expensive in part because Maryland communities allow too little housing near transit, services and jobs. This contributes to sprawling, car-dependent development, further fueled by too much public spending on oversized roads and highways. The result is long commutes, more driving to reach stores and services, and higher transportation costs for families. The average new car in the U.S. costs almost $50,000, and last year 17% of American drivers said they had to take on a second job to help pay for their car. Instead of funding more of this status quo, Maryland needs to help families stay here, with affordable access to opportunity. Fostering walkable, vibrant activity centers with good transit and a range of housing types and prices near jobs will help current residents and also attract the next generation of skilled workers and industries. Maryland Matters welcomes guest commentary submissions at editor@ We suggest a 750-word limit and reserve the right to edit or reject submissions. We do not accept columns that are endorsements of candidates, and no longer accept submissions from elected officials or political candidates. Opinion pieces must be signed by at least one individual using their real name. We do not accept columns signed by an organization. Commentary writers must include a short bio and a photo for their bylines. Views of writers are their own. The House of Delegates passed several valuable smart growth bills: Transit-oriented development (House Bill 80) to remove obstacles to building housing and mixed-use development near rail stations; Transportation and Climate Alignment Act (House Bill 84), ensuring the state's transportation investments support its climate change goals while giving residents more travel options; Metro Funding Modification Act (House Bill 467), fixing dedicated state capital funding for the D.C.-area Metro system to account for inflation; and Gov. Wes Moore's Housing for Jobs Act (House Bill 503), which would have required the state's job centers to address housing needs, although it was watered down into largely a study bill. Unfortunately, the Maryland Senate did not advance any of these bills to a vote. The Senate, to its credit, did pass: Split-rate property tax enabling legislation (Senate Bill 472) that would allow local governments to create tax structures that capture the value of land near assets like rail stations while incentivizing new development, though the House did not pass it; and Accessory dwelling unit bill (House Bill 1466) that will require local governments to allow construction of a smaller independent home on a lot with a single-family detached house. The House concurred with the final bill and the governor signed it. We know that legislators had a lot on their plates, with a sizable budget gap and chaotic federal backdrop. However, most of the smart-growth bills that didn't pass would have cost little or nothing to government coffers – and would actually save the state money over time through reduced infrastructure and service costs. Realizing this vision provides interconnected benefits. For example: Smart growth has been key to attracting and retaining Fortune 500 firms like Marriott and Choice Hotels in transit-oriented locations. Maryland families on average would save over $3,000 per year in transportation costs if the state provided more opportunities for transit, walking, biking and accessible living. State-owned transit-oriented development sites could support 5,000 new housing units in the Baltimore region and 2,600 new housing units along the MARC Penn Line. These Penn Line sites could generate $800 million in new state and local revenue. Marylanders want these opportunities; 76% support more homes in job-rich areas. Before the next General Assembly session, the Moore administration can make progress: The Maryland Department of Transportation can adopt changes to its Chapter 30 project prioritization process to better maintain existing infrastructure, recognize good land use planning as a transportation solution, and ensure affordable and sustainable travel choices for residents. The Department of Housing and Community Development can provide further analysis on the state's housing shortage and the benefits of new homes in accessible locations. It could also work with local governments to improve land use review to reduce time and complexity, allowing more new homes to be built faster in transit-accessible locations. During the 2026 session, the General Assembly will have the opportunity to pass legacy-making legislation ahead of the elections. Gov. Moore, with the support of state senators and delegates, can help Marylanders address the everyday needs of housing and transportation in lasting ways, which also help the state's finances, climate resilience, and economic opportunity.
