In response to the Ohio Supreme Court’s decision from last summer, which held that a man who ordered boneless wings should have expected bones in them and denied him a jury trial despite suffering serious injuries, a Democratic senator from Ohio has introduced a measure.
Senator Bill DeMora, a Democrat from Columbus, stated last week in his sponsor testimony before the Senate Judiciary Committee that he 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.”
After eating boneless wings at a restaurant in Southwest Ohio in 2016, Michael Berkheimer felt as though he had swallowed something unwholesome. Later that evening, he got a fever, and a few days later, he was admitted to the hospital with a temperature of 105 degrees. A almost two-inch chicken bone that had torn apart the wall of his esophagus was found in his throat by the medical professionals.
After contracting an infection, Berkheimer required multiple surgeries, was placed in two medically induced comas, and spent a week in critical care.
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In 2017, he filed a lawsuit against the eateries and their chicken suppliers, claiming that his injuries were caused by negligence. Both the Twelfth District Court of Appeals and the Butler County Court of Common Pleas ruled against Berkheimer and prevented the matter from proceeding to trial.
When the matter reached the Ohio Supreme Court, the majority decided that the lower courts had made the correct choice. Three Democrats to four Republicans made the decision.
According to Justice Joe Deters of the Ohio Supreme Court, who wrote the majority judgment, the restaurant was not liable because the customer could have reasonably anticipated and protected against the existence of the harmful ingredient in the dish.
This tale gained widespread attention and was even featured briefly on Stephen Colbert’s Late Show.
According to DeMora’s evidence, what (Berkheimer) endured was horrifying, expensive, and time-consuming.
However, the law focuses on how courts decided Berkheimer’s case rather than his disabilities.
“It’s not just incorrect,” DeMora stated. It directly targets the cornerstone of our legal system.
The goal of S.B. 38 is to alter that.
According to DeMora, it will guarantee that, as required by our Constitution, juries will hear instances like Mr. Berkheimer’s in the future. It will also ensure that we apply the reasonable expectations test, which is what most states use to determine responsibility.
Follow Megan Henry, a reporter with the Capital Journal, on Bluesky.
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Eliot Pierce is a dedicated writer for ChiefsFocus.com, covering local crime and finance news. With a keen eye for detail and a passion for storytelling, Eliot aims to provide his readers with clear and insightful analysis, helping them navigate the complexities of their financial lives while staying informed about important local events. His commitment to delivering accurate and engaging content makes him a valuable resource for the community.