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Florida jury awards 8-year-old girl $800,000 after she suffered second-degree burns from a McDonald’s chicken nugget




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19 July 2023 | 20:42


A Florida jury awarded an 8-year-old girl $800,000 in damages after the child suffered second-degree burns from a McDonald̵[ads1]7;s chicken nugget four years ago, according to a local report.

In May, a separate jury found the fast food giant and a franchise owner guilty of the scalding hot bullet that burned the leg of little Olivia Caraballo, then 4, after she opened a Happy Meal in the car.

After just two hours of deliberation Wednesday, the Broward Country jury settled on the dollar amount — which is significantly less than the $15 million the girl’s family had requested in the lawsuit, NBC6 South Florida reported.

Olivia’s parents Philana Holmes and Humberto Caraballo Estevez sued McDonald’s and Florida franchisee Upchurch Foods, Inc., claiming the Tamarac restaurant served them “unreasonably and dangerously hot” nuggets at a scorching 200 degrees.

Holmes had ordered a six-piece Chicken McNuggets Happy Meal from the drive-thru and handed the box to Olivia in the back seat.

The girl dropped one of the glowing lumps on her lap, and it was wedged between the car seat and her leg for about two minutes — leaving her thigh “disfigured and scarred” by burns, the lawsuit, filed in August 2019, said.

Olivia Caraballo, 8, and her parents were awarded $800,000 in damages — significantly less than the $15 million they sought.
NBC Miami
The child’s leg suffered second-degree burns from a hot McNugget wedged between the thigh and the car seat in 2019.
NBC Miami

The girl’s parents said the fast-food chain and franchise owner failed to warn customers about the dangers of the hot food, failed to properly train employees and overcooked the food.

Lawyers for McDonald’s argued that the nugget would not have been more than 160 degrees – the temperature McNuggets are cooked to avoid salmonella poisoning – and was not meant to be pressed against human flesh for more than two minutes.

Jurors in May found Upchurch Foods Inc. liable for negligence and failing to warn customers of the risks associated with hot food, and McDonald’s liable for failing to provide instructions on safe handling of the food. However, they did not find that McDonald’s actions were negligent for the fire.

The family said the nugget was 200 degrees, while McDonald’s said it was 160 degrees.
NBC Miami
The girl’s mother said she was glad the jury reached “a fair verdict” and listened to her daughter’s story.
NBC Miami

On Wednesday, Holmes told reporters she was satisfied with the jury’s decision, despite the lower compensation amount.

“I’m actually just happy that they listened to Olivia’s voice and that the jury was able to reach a fair verdict, I’m happy with that,” Holmes said, according to NBC6.

The case is reminiscent of the infamous 1990s hot coffee lawsuit against the same fast food mammoth.

In that case, a New Mexico jury awarded Stella Liebeck, 81, a whopping $2.7 million in punitive damages after a scalding McDonald’s coffee was dumped on her lap, causing third-degree burns to her legs, groin and buttocks.

The woman spent more than a week in the hospital.




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