Broward jury awards $800K in hot McNugget lawsuit that left girl severely burned
FORT LAUDERDALE, Fla. – A Broward jury has awarded $800,000 in damages in a lawsuit that alleged hot chicken McNuggets from a local McDonald’s franchise left a young girl severely burned.
After hearing closing arguments Wednesday, a jury deliberated for just two hours over how much money the family should receive for the child’s pain and suffering and reached the $800,000 amount.
The victim’s parents were seeking $15 million for the burn after filing a lawsuit against McDonald’s and its franchisee, Upchurch Foods Inc., who they say left their 4-year-old daughter “disfigured and scarred.”
McDonald’s Defense Attorney Jennifer Miller argued that Olivia’s discomfort ended when the wound healed, which they said took three weeks. They believed $156,000 would be able to cover Olivia’s past and future.
Olivia’s mother, Philana Holmes, told Local 10 News outside the courtroom Wednesday that she was “happy” with the outcome of the case despite not getting what she originally asked for.
“I’m actually just happy that they listened to Olivia’s voice and the jury was able to decide a fair judgment,” Holmes told Local 10 News outside the courtroom. “I’m happy with that. I honestly had no expectations, so this is more than fair for me.”
The lawsuit stemmed from a trip to the drive-thru on Aug. 21, 2019. Philana Holmes said she went to the McDonald’s at 7600 NW 57 St. in Tamarac and ordered a six-piece Chicken McNuggets Happy Meal for her daughter, Olivia. She said the girl was in the car when she dropped a nugget on her lap, which got lodged between her thigh and her vehicle’s seat belt.
Earlier this year, a separate jury found some fault with both McDonald’s and the franchisee following the incident.
The jury found that both were liable for failure to warn about the “foreseeable risks of harm.”
The jury also found Upchurch Foods, but not McDonald’s, was negligent and decided that both companies were not liable for additional allegations.
Mcdonald’s and their franchisee argued food safety rules require McNuggets to be hot enough, otherwise, they’re unsafe to eat. The defense also argued that what happens to a McNugget once it leaves the drive-thru window is beyond their control.
Local 10 News reached out to defense attorneys representing McDonald’s for a statement after they declined to speak outside of the courtroom on Wednesday afternoon.
Source: WPLG Local 10
