McDonald's Customer Burned by Chicken Nugget Awarded $800k in Lawsuit
A McDonald's customer was recently awarded a whopping $800k in damages as a result of a South Florida jury decision.
The recipient of the hefty sum is 8-year-old Olivia Caraballo, who suffered second-degree burns when a hot Chicken McNugget fell on her leg as her mother pulled away from the drive-thru of a McDonald’s restaurant in 2019.
Lawyers for the family of the young girl, who was just 4 years old at the time of the incident, were originally seeking $15 million in damages.
“Our sympathies go out to this family for what occurred in this unfortunate incident, as we hold customer safety as one of our highest priorities,” McDonald’s owner-operator Brent Upchurch said in a statement in May, when it was determined the company was liable for the child's injuries. “We are deeply disappointed with today’s verdict because the facts show that our restaurant in Tamarac, Florida, did, indeed, follow those protocols when cooking and serving this Happy Meal.”
Caraballo's mother, Philana Holmes, testified that she bought the kids meals for her son and then-toddler-aged daughter at a drive-thru window, and handed the food to her children, who were in the back seat, only to be met with screams as she pulled off.
Not knowing the cause of her daughter's turmoil, she pulled over to help the girl, noticing the burn on her leg, which she quickly snapped iPhone footage of, including audio clips of Olivia's screams.
The sound of the girl’s screams was also played in court. The child, who is autistic, did not testify, according to AP News.
"The jury’s verdict form allotted $400,000 in damages for the past four years, and another $400,000 for the future from the McDonald’s USA and its franchise operator, Upchurch Foods," the outlet reported.
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“I’m actually just happy that they listened to Olivia’s voice and the jury was able to decide a fair judgment,” Holmes told reporters outside the courtroom. “I’m happy with that. I honestly had no expectations, so this is more than fair for me.”
Lawyers for McDonald’s had argued that the child’s discomfort ended when the wound healed, which they said took about three weeks. They contended that the girl’s mother is the one who has the problem with the scar—despite Holmes insisting that the girl is fixated on having it removed—and told jurors that $156,000 should cover damages, both past and future.
“She’s still going to McDonalds, she still asks to go to McDonald’s, she’s still driving through the drive-thru with her mom, getting chicken nuggets,” defense attorney Jennifer Miller said in her closing argument on Wednesday, July 19. “She’s not bothered by the injury. This is all the mom.”
Defense attorneys declined to speak after the verdict, per the news outlet.
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