That decision seems . . . bone-headed apnews.com/article/bone... - ThreadSky

marklemley.bsky.social • 81 days ago

That decision seems . . . bone-headed

https://apnews.com/article/boneless-chicken-wings-lawsuit-ohio-supreme-court-231002ea50d8157aeadf093223d539f8

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larrylukasik.bsky.social•81 days ago

Seems like a microcosm for everything these past couple of months.

donna007.bsky.social•81 days ago

It’s Ohio…JD Vance country.

theblobert.bsky.social•81 days ago

Gives one something to chew on.

astros-fan-19.bsky.social•80 days ago

Or bone-headless?

hankgreely.bsky.social•81 days ago

/2 "To determine whether a supplier of food breached its duty of care by failing to eliminate an injurious substance from the food, we look to whether the presence of the substance
was something that the consumer could have reasonably expected and thus could have guarded against.

hankgreely.bsky.social•81 days ago

/3 And whether the substance was foreign to or natural to the food is relevant to determining what the consumer could have reasonably expected." Reasonable jury must conclude that "boneless" didn't necessarily mean boneless—so won't let a jury decide it.

hankgreely.bsky.social•81 days ago

/4 Dissent: "Today, the majority declares as a matter of law that no reasonable person could consider the facts of this case & reach a conclusion contrary to the 1 it reaches. This is, of course, patently untrue given that I & 2 other justices of this court dissent from the majority’s judgment."

hankgreely.bsky.social•81 days ago

/5 Apparently, the majority doesn't think the dissenters are reasonable. They SEEM reasonable—"I certainly am not convinced at this stage of the proceedings that the processor, the wholesaler, or the server of the chicken was careless (or negligent). But I am convinced that Berkheimer should be able

hankgreely.bsky.social•81 days ago

/6 to present evidence of their negligence to a jury. Jurors likely have eaten boneless wings, some will have fed boneless wings to their children, and jurors have common sense. They will be able to determine, better than any court, what a
consumer reasonably expects when ordering boneless wings."

barrycaplan.bsky.social•81 days ago

I might have to reconsider my pending suit against Red Bull for not giving me wings, boneless or otherwise.

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