Latest news with #Berkheimer
Yahoo
21-02-2025
- Health
- Yahoo
Ohio Senator introduces a bill in response to the Ohio Supreme Court boneless wings ruling
Ohio state Sen. William DeMora, D-Columbus, speaks at the Statehouse in Columbus, Ohio. (Photo by Graham Stokes for Ohio Capital Journal. Republish photo only with original story.) An Ohio Democratic Senator recently introduced a bill in response to last summer's Ohio Supreme Court ruling saying that a man who ordered boneless wings should have expected bones in them and denied him a jury trial after he sustained significant injuries. State Sen. Bill DeMora, D-Columbus, was outraged by the Supreme Court ruling and introduced Senate Bill 38 last month which would look at how the state determines liability when someone is injured by 'negligently prepared food from a restaurant or food supplier,' DeMora said last week in his sponsor testimony in front of the Senate Judiciary Committee. In 2016, Michael Berkheimer ate boneless wings at a Southwest Ohio restaurant, but felt like he swallowed something wrong. He developed a fever later that night and ended up going to the hospital a couple days later with a 105-degree fever. The doctors discovered a nearly two inch chicken bone in his throat that ripped open the wall of his esophagus. Berkheimer developed an infection, had to undergo several surgeries, was in two medically induced comas, and had a week-long stay in intensive care. SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX He sued the restaurants and their chicken suppliers in 2017, saying 'negligence' led to his injuries. The Butler County Court of Common Pleas and the Twelfth District Court of Appeals sided against Berkheimer and didn't let the case go to trial. The case went to the Ohio Supreme Court where the majority ruled the lower courts made the right decision. The ruling was four Republicans to three Democrats. The restaurant wasn't liable 'when the consumer could have reasonably expected and guarded against the presence of the injurious substance in the food,' Ohio Supreme Court Justice Joe Deters wrote in the majority opinion. This story received national attention and even ended up being a bit on 'The Late Show with Stephen Colbert.' 'What (Berkheimer) went through was horrific, timeconsuming, and costly,' DeMora said in his testimony. But the bill doesn't focus on Berkheimer's injuries, but rather how judges were the ones who decided his case. 'That's not just wrong,' DeMora said. 'It's a direct assault on the very foundation of our legal system.' S.B. 38 is trying to change that. 'It will make sure that future cases like Mr. Berkheimer's are heard by a jury – as our Constitution demands,' DeMora said. 'It will also make sure that when determining liability, we use the reasonable expectations test used by most states.' Follow Capital Journal Reporter Megan Henry on Bluesky. SUPPORT: YOU MAKE OUR WORK POSSIBLE
Yahoo
17-02-2025
- Politics
- Yahoo
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.
