While I agree that the ruling is pretty ridiculous, the guy sounds like a human vacuum and caused his own problems:
He had cut up his wing into thirds, eating the first two pieces of it normally. On his third one, Berkheimer felt like something went down the wrong “pipe,” the court documents said.....Doctors found a 1 and 3/8 inch chicken bone in his throat, one that tore open the wall of his esophagus.
How the fuck do you not notice that you're eating a nearly 1.5" (38mm) bone?! 1.5" is literally the length of the ~~tong~~ tine on a metal fork (I had laying around after typing up the above and measured it just for the hell of it haha) or probably a sewing needle.
If there's even the tiniest bit of gristle or something in my meat I immediately spit it out, dude straight up swallowed a freaking chicken bone.
edit: apparently the human vacuums got offended by this. Put another way that's like putting half a toothpick in your meat and then not noticing it in your mouth