A jury in Broward County, Florida, awarded $800,000 in damages to a family whose daughter was burned from a McDonald’s chicken nugget. The jury deliberated for two hours on Wednesday before setting the amount. The news comes after McDonald’s and the franchise owner, Upchurch Foods Inc., were found at fault in May.
“I’m actually just happy they listened to Olivia’s voice, and she, the jury, was able to decide a fair judgment; I’m happy with that,” Philana Holmes, the girl’s mother, said, according to NBC.
The family had initially asked for $15 million in damages. The jury found McDonald’s and Upchurch failed to put warnings on the food, and that led to the injury. Both defendants argued they weren’t at fault and were ultimately not found negligent for causing burns.
“This momentous decision brings meaningful closure to an arduous and protracted legal process,” the family’s attorneys said in a statement. “Having previously established the defendants, Upchurch Foods Inc and McDonald’s USA LLC, as liable for their wrongful actions, this verdict reaffirms that they must now face the consequences and provide full justice. Despite years of denying any fault and, during this trial, attempting to undermine the extent of Olivia’s suffering in the eyes of the community, their efforts have been superseded by the jury’s determination.”
Philana Holmes and Humberto Caraballo Estevez, the parents of Olivia Caraballo, sued McDonald’s and the franchise after a trip to McDonald’s at 7600 NW 57 St. in Tamarac on Aug. 21, 2019. They ordered their then 4-year-old girl a six-piece Chicken McNuggets Happy Meal at the drive-thru. The girl was in the car when she dropped the nugget on her lap, which got stuck between her thigh and her seat belt, according to Local 10.
“The Chicken McNuggets inside of that Happy Meal were unreasonably and dangerously hot … and caused (the victim)’s skin and flesh around her thighs to burn,” the lawsuit stated. It claimed the food served was “unfit for human handling — let alone consumption” because of the temperature.
McDonald’s called the incident “unfortunate,” adding the company disagrees with the verdict.
“We take every complaint seriously and certainly those that involve the safety of our food and the experiences of our customers. Together with our franchisees, for nearly 70 years, we have consistently served customers safe, high-quality food using strict policies and procedures,” the company said in a statement. “This was an unfortunate incident, but we respectfully disagree with the verdict. Our customers should continue to rely on McDonald’s to follow policies and procedures for serving Chicken McNuggets safely.”
The family’s attorney noted no dispute the girl suffered second-degree burns.
“There was also no genuine dispute that McDonald’s knowingly cooks and serves McNuggets in Happy Meals intended for children to touch at a temperature that could burn them,” they said. “And yet, they claimed no warning (verbal or written) was necessary. The jury correctly decided otherwise.”