A jury returned a split verdict after Florida parents sued McDonald’s because their 4-year-old daughter was burned by what they described as an “unreasonably” hot chicken nugget.
Philana Holmes said she ordered her son and daughter two six-piece chicken nugget Happy Meals from a McDonald’s drive-thru in Broward County in August 2019. The employee handed her the Happy Meal box but failed to warn her the food was hot. Her daughter dropped one of the nuggets while they were driving. Holmes said the nugget got stuck between her daughter’s thigh and the vehicle’s seat belt.
She said that her daughter started to scream in the back seat, but Holmes didn’t realize why she was screaming until she was able to pull over in a nearby parking lot. Holmes said that is when she discovered the burn marks on her daughter’s inner thigh.
Holmes and the father Humberto Caraballo Estevez sued McDonald’s and its franchisee operator Upchurch Foods for $15,000 on grounds that they failed to warn them that the food was “unfit for human handling — let alone consumption,” according to the lawsuit.
“The Chicken McNuggets inside of that Happy Meal were unreasonably and dangerously hot … and caused (the victim)’s skin and flesh around her thighs to burn,” the lawsuit stated.
A jury found that McDonald’s and UpChurch Foods failed to provide instructions for the food that would have prevented the second-degree burns.
Fischer Redavid law firm, the family’s attorneys, released a statement on Thursday evening after the jury’s decision in court.
“Today, a jury of reasonable and measured members of our community rendered a verdict that reflected the truth, the facts, and the law. We don’t view this as a ‘split verdict.’ Two defendants went to trial, denying liability. A jury found both liable.”
The law firm also added that jurors “selected the theories of liability that the facts and law fit best in their minds.”
“This is full justice for Olivia,” said the firm said about the little girl.
McDonald’s has also been sued in the past for serving hot coffee that burned customers in their drive-thrus. The most famous hot coffee lawsuit came in the 1990s when a jury rewarded Stella Liebeck $2.9 million for severe burns she suffered when her McDonald’s coffee spilled into her lap after a drive-thru purchase at a New Mexico restaurant.
“This is not the infamous Hot Coffee case; this is Olivia’s case,” the firm’s statement reads. “She’s an adorable, innocent child who was severely burned through no fault of her own.”
Upchurch released the following statement after the verdict was decided by the jury:
“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. That’s why our restaurant follows strict rules in accordance with food safety best practices when it comes to cooking and serving our menu items, including Chicken McNuggets,” UpChurch Foods said in a statement.
“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. Our community here in South Florida should remain confident that we will continue serving safe and high-quality meals, just as we’ve done for more than 50 years at Upchurch Management restaurants.”
Both sides agreed that the nuggets caused her burns, but McDonald’s disagreed with the verdict.
“We take every complaint seriously and certainly those that involve the safety of our food and the experiences of our customers. Together with our franchisees, for nearly 70 years, we have consistently served customers safe, high-quality food using strict policies and procedures,” read the McDonald’s statement.
It continued, “This was an unfortunate incident, but we respectfully disagree with the verdict. Our customers should continue to rely on McDonald’s to follow policies and procedures for serving Chicken McNuggets safely.”
Another trial will determine how much McDonald’s and UpChurch will pay the family in damages. It is likely to take place this summer.
