A Florida family has been awarded $800,000 in damages by a jury, drawing a close to a lawsuit against McDonald’s and one of their franchise operators after a 4-year-old was burned by a chicken nugget in 2019 while visiting the drive-thru.
A Broward County jury awarded the family of Olivia Caraballo on Wednesday for pain and suffering, disfigurement, mental anguish, inconvenience, and loss of capacity for enjoyment of life. The family, which had been seeking $15 million, had been suing McDonald’s USA and franchise operator UpChurch Foods.
Caraballo was severely burned by a McDonald’s Chicken McNugget in 2019 while visiting a drive-thru in Tamarac, Florida, near Fort Lauderdale, with her mother Philana Holmes and brother. The 4-year-old reached for one of the nuggets but dropped it. The nugget then got stuck between the toddler’s thigh and the vehicle’s seat belt, which caused the burn marks on her inner thigh. Holmes said her daughter screamed, but she couldn’t figure out why until they were able to pull over in a nearby parking lot.
In May, McDonald’s and Upchurch Foods were found liable for failing to properly warn or provide instructions for the hot chicken nuggets when they handed the food to Holmes.
“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 on Wednesday. “I’m happy with that. I honestly had no expectations, so this is more than fair for me.”
Both sides agreed in May that the nuggets caused the burn, but the family’s lawyer claimed it was too hot, and no warning was given, while McDonald’s claimed that they cooked the food at the right temperature per the food safety rules and whatever happens once the food leaves the drive-thru is beyond their control.
Mcdonald’s also said that Caraballo, now 8, discomfort ended when the wound healed, which took about three weeks. The defense also claimed that Holmes is the only one that has a problem with the scar, and $156,000 should cover both past and future damages.
Holmes testified that her daughter now calls the scar “nugget” and wants it removed, the South Florida Sun-Sentinel reported.
“She’s still going to McDonald’s, 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 Wednesday. “She’s not bothered by the injury. This is all the mom.”
Defense attorneys had no immediate comment after the verdict.
