In a significant legal decision, a South Florida jury has granted $800,000 in damages to a young girl who suffered severe burns from a hot Chicken McNugget. The unfortunate incident occurred when the child’s mother pulled away from a McDonald’s drive-thru in 2019.
The family of Olivia Caraballo, who was only four years old at the time of the incident, had initially sought $15 million in damages. However, after less than two hours of deliberation, the jury reached a verdict, as reported by the South Florida SunSentinel.
The jury’s decision allocates $400,000 for the past four years and another $400,000 for future damages to be paid jointly by McDonald’s USA and Upchurch Foods, the franchise operator. A separate jury had previously found both the company and franchise owner liable for the unfortunate injury, which occurred at a McDonald’s restaurant in Tamarac, near Fort Lauderdale.
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Holmes further testified that Olivia, now eight years old, refers to the scar on her inner thigh as her “nugget” and has been eager to have it removed, as per the newspaper report.
During the trial, McDonald’s lawyers contended that the child’s discomfort had ceased once the wound had healed, which they claimed took approximately three weeks. They argued that it was the girl’s mother who had an issue with the scar, suggesting that $156,000 should sufficiently cover both past and future damages.
In her closing argument, defense attorney Jennifer Miller emphasized, “She’s still going to McDonald’s, she still asks to go to McDonald’s, she’s still driving through the drive-thru with her mom, getting chicken nuggets. She’s not bothered by the injury. This is all the mom.”
Outside the courtroom, Olivia’s mother, Philana Holmes, expressed her satisfaction with the outcome, stating, “I’m actually just happy that they listened to Olivia’s voice, and the jury was able to decide a fair judgment. I’m happy with that. I honestly had no expectations, so this is more than fair for me.”
Holmes recounted that she had purchased Happy Meals for both her son and daughter, who was seated in the back when the hot nugget fell on her leg. The child screamed in pain, and upon pulling over, Holmes discovered the nugget lodged between Olivia’s thigh and the seat belt.
The recent case may evoke memories of the infamous McDonald’s coffee lawsuit in the 1990s, which gained notoriety as an example of frivolous lawsuits, despite a jury and judge ruling otherwise.
In 1992, Stella Liebeck, 81, was awarded $2.7 million in punitive damages after being scalded by hot coffee from McDonald’s that spilled onto her lap.
More recently, in 2018, another lawsuit involved a teenager who suffered severe burns from being served hot water at an “unreasonably dangerous temperature” at a McDonald’s restaurant in Oregon.
As the legal proceedings come to an end, Olivia’s family hopes for her full recovery and encourages McDonald’s to continue following strict safety protocols when serving their menu items, ensuring the safety and well-being of all their customers.
The detailed news is available here: cbsnews.com
