20 July 2023 , 08:39
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A jury has awarded $800,000 in damages to an eight-year-old girl after she was burned by a McDonald's chicken nugget.
Olivia Caraballo was just four when her Happy Meal turned into an unhappy second-degree burn on her leg in Tamarac, Florida.
The Broward County grand jury awarded Olivia’s parents, Philana Holmes and Humberto Caraballo Estevez, who sued McDonald's and Florida franchise Upchurch Foods.
The concerned parents said “unreasonably and dangerously hot” nuggets were served at 200 Fahrenheit (93C) and left their daughter with severe scarring when a nugget fell on her lap and became wedged between the car seat and the young girl's leg.
The parents originally sued for $15million, but Ms Holmes said the judgement was "fair."
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The nugget became wedged against Olivia's leg (NBC Miami)“I’m actually just happy they listened to Olivia’s voice and the jury was able to decide a fair judgment, I’m happy with that,” Ms Holmes said, according to NBC6.
McDonald's argued the nugget would only have been heated to 160 Fahrenheit (71C), which is the temperature McNuggets are cooked to avoid salmonella poisoning.
The food chain also suggested the nugget was not meant to be pressed against human flesh for a period of two minutes.
Philana Holmes testifies at the Broward County Courthouse (AP)In May, jurors found Upchurch Foods liable for negligence and said the franchise failed to warn customers of the risk hot food can pose.
The jury said McDonald's was not negligent for the burn incident, but that it failed to provide instructions on the safe handling of food.
A spokesperson for Upchurch Foods said it was "deeply disappointed," with the jury decision in May.
CCTV showed the moment the meal was sold to the family (NBC Miami)Owner-operator Brent Upchurch said: "The facts show that our restaurant in Tamarac, Florida, did indeed follow those protocols when cooking and serving this Happy Meal."
"This momentous decision brings meaningful closure to an arduous and protracted legal process," attorneys for Olivia's parents 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.
Philana Holmes and her daughter Olivia Caraballo, 7 listen to the final witness in their case (TNS)"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."
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The case has drawn comparisons to the 'Hot Coffee' incident of 1992, a New Mexico jury awarded Stella Liebeck, 81, $2.7million in punitive damages.
Upchurch Foods previously said it was 'deeply disappointed' (NBC Miami)Ms Liebeck dropped scalding McDonald's coffee onto her lap, buttocks and groin, causing third-degree burns and over a week in hospital.