A South Florida jury has recently awarded $800,000 in damages to a young girl who suffered second-degree burns from a hot Chicken McNugget at a McDonald’s drive-thru. The incident occurred in 2019 when the girl, Olivia Caraballo, was just four years old.
The Legal Battle
The family of Olivia Caraballo sought $15 million in damages, but the jury reached its verdict after less than two hours of deliberation. The verdict allocated $400,000 for the previous four years of suffering and an additional $400,000 for future damages. The responsibility for the injury was determined in May by another jury, holding both McDonald’s USA and its franchise operator, Upchurch Foods, liable.
The Impact on Olivia and her Family
Olivia’s mother, Philana Holmes, expressed her satisfaction with the outcome, stating that she was pleased that the jury listened to her daughter’s voice and rendered a fair judgment. Olivia, now eight years old, still refers to the scar on her inner thigh as her “nugget” and is fixated on removing it.
Legal Arguments
McDonald’s defense argued that the child’s discomfort ended once the wound had healed, which took about three weeks. They maintained that it was Olivia’s mother who had a problem with the scar and asserted that $156,000 should sufficiently cover both past and future damages. Defense attorney Jennifer Miller emphasized that Olivia still enjoys going to McDonald’s and does not appear to be bothered by the injury.
The defense attorneys chose not to comment following the verdict.
A Mother’s Lawsuit against McDonald’s: The Hot Nugget Incident
A recent incident involving a scalding hot nugget at a McDonald’s drive-thru has sparked a legal battle between the fast-food giant and a concerned mother. In this case, Ms. Holmes testified that she had purchased Happy Meals for her son and daughter, who were seated in the back of her car. However, her innocent trip turned painful when her daughter screamed in agony due to the inadvertent contact with the scorching hot nugget.
Distressed by her daughter’s pain, Ms. Holmes swiftly pulled over into a nearby parking lot to investigate the situation. Upon closer inspection, she discovered that the nugget had become lodged between her daughter’s thigh and the seat belt. What followed was a legal clash wherein Ms. Holmes claimed McDonald’s had failed to caution her regarding the abnormally high temperature of the nuggets they serve.
During the trial in May, it was agreed that the nugget had indeed caused burns. However, the family’s legal team contended that the temperature of the nugget exceeded 200 degrees (93 Celsius), while the defense asserted it did not surpass 160 degrees (71 Celsius). To support their arguments, photographs of the burn and recordings of the child’s distressing cries were presented as evidence in court.
This incident will likely resonate with those familiar with the famous McDonald’s coffee lawsuit that unfolded in the 1990s. Although often misconstrued as a frivolous legal action, both the jury and the judge involved deemed it far from insignificant. In that case, an elderly woman named Stella Liebeck was awarded $2.7 million in punitive damages after sustaining third-degree burns from spilt hot coffee at a McDonald’s drive-thru.
Liebeck, aged 81 at the time, suffered burns to her legs, groin, and buttocks as she attempted to add cream to her coffee by prying off the lid with her legs. Initially, she had sought financial compensation of $20,000 to cover her medical expenses. However, McDonald’s refused to comply, thus leading to the subsequent trial. Ultimately, the judge reduced the awarded amount to $480,000, citing the fast-food chain’s “willful, wanton, reckless” and “callous” behavior.
While the outcome of Ms. Holmes’ lawsuit against McDonald’s remains unknown, it brings to light important questions regarding the responsibility and duty of fast-food establishments in ensuring customer safety. As this case unfolds, it serves as a reminder that caution and diligence should always prevail, especially when it comes to serving food that can potentially cause harm.
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