A Broward County, Florida jury awarded $800,000 in damages in a lawsuit over an alleged overly hot chicken nuggets from a McDonald’s Happy Meal. One nugget left 4-year-old Olivia Caraballo severely burned, after it got stuck in her car seat, injuring her legs.
The initial trial in May, yielded a split verdict over if the Tamarac fast food restaurant was responsible for the child’s burns back in 2019. On Wednesday, after hearing closing arguments the jury deliberated for two hours. Returning a verdict that $800,000 should be paid by the company for the child’s pain and suffering.
Caraballo’s parents Philana Holmes and Humberto Caraballo Estevez originally sued McDonald’s Corporation and the franchisee Upchurch Foods, Incorporated for $15 million . Alleging that the 4-year-old suffered second-degree burns from the “unreasonably and dangerously” hot nuggets in her “Happy Meal.”
McDonald’s and Upchurch argued that they were not at fault. The jury found that the company failed to put warning labels on the food that lead to the child’s injuries. Though McDonald’s was found not negligent for causing the burns.
“I’m actually just happy they listened to Olivia’s voice and she, the jury was able to decide a fair judgment, I’m happy with that,” Holmes said about the verdict.
“This momentous decision brings meaningful closure to an arduous and protracted legal process,” their attorneys 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. 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trial, attempting to undermine the extent of Olivia’s suffering in the eyes of the community, their efforts have been superseded by the jury’s determination.”
Neither McDonald’s nor the franchise owner have responded to the verdict. But both have stated previously that customers should be assured that the McNuggets are served safely.
