Updated as of 7/21/2023 at 10:00 a.m. ET
A Florida jury has decided if local McDonald’s must pay a little girl after she suffered second-degree burns from a hot McNugget that fell onto her lap. According to USA TODAY, the jury ordered the franchise and owner to pay the family $800,000 in reward.
The jury’s verdict form split the amount in two: $400,000 in damages for the past four years and $400,000 for the future. McDonald’s USA and franchise owner Upchurch Foods were named in the 2019 complaint.
“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,” said the girl’s mother, Philana Holmes, via AP News.
Attorneys for the food chain argued the girl’s injuries would have only taken three weeks to heal which amounted to $156,000 in damages. They also said the suit had less to do with the girl but more to do with her mother, the report says.
I don’t know about y’all, but if I don’t know anyone’s mother who wouldn’t go to war if their child suffered an injury like this girl did.
What Happened?
Holmes testified in court May 11 about the incident that occurred three years ago. She said she bought a Happy Meal for her son and then four-year-old daughter, Olivia Caraballo, in the drive-thru at the McDonald’s in Tamarac, Fl. Holmes said she handed the meals to her kids in the backseat but as she drove off, her daughter began screaming. She said she pulled over to see what the issue was and found out the blood-curdling scream was the result of a hot chicken nugget that fell out of the Happy Meal box.
Now, this wasn’t one of those “just blow on it” or “let it cool down” types of hot. Holmes said her daughter’s legs had second-degree burns. She took pictures and videos for proof, then geared up to file a lawsuit against McDonald’s and franchise owner, Upchurch Foods.
Read more from AP News:
Lawyers for McDonald’s noted that the food had to be hot to avoid salmonella poisoning, and that the nuggets were not meant to be pressed between a seat belt and human flesh for more than two minutes.
The girl’s parents sued, saying that McDonald’s and the franchise owner failed to adequately train employees, failed to warn customers about the “dangerous” temperature of the food, and for cooking the food to a much higher temperature than necessary.
While both sides agreed the nugget caused the burns, the family’s lawyers argued the temperature was above 200 degrees (93 Celsius), while the defense said it was no more than 160 degrees (71 Celsius).
The jury found both the fast-food restaurant and the franchise owner liable for negligence and failing to warn customers about hot food risks. Though, Upchurch Foods owner Brent Upchurch insisted in a statement that the location followed the proper protocols in serving the meal, per AP.
Don’t this sound familiar? Stella Liebeck gave McDonald’s grief for a similar situation back in 1992 when she spilled a hot coffee in her lap and suffered serious burns. She got $480,000 out of that lawsuit.
A second jury will decide just how much both the food chain and owner will have to pay Holmes and her daughter.
That poor thing may never eat McDonald’s again... that’s ight though. Wendy’s nuggets are better.