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$800,000 in compensation for girl burned by McDonald’s Chicken McNuggets

A jury in South Florida has awarded $800,000 in damages to a girl whose mother suffered second-degree burns after a hot chicken McNugget fell on her leg as she left a McDonald’s drive-thru. Lawyers for the family of Olivia Caravallo, who was four years old when she was burned in 2019, were seeking $15 million in damages. The jury reached a verdict Wednesday after deliberating for nearly two hours, the South Florida Sun Sentinel reported. The jury’s verdict awarded McDonald’s U.S. and its franchise operator Upchurch Foods $400,000 in damages over the past four years and an additional $400,000 for the future. Another jury ruled in May that the company and franchise owners were responsible for the injuries outside a McDonald’s in Tamarack, near Fort Lauderdale. “I’m really happy that the jury actually listened to Olivia and the jury gave a fair verdict,” Olivia’s mother Firana Holmes told reporters outside the courtroom. “Honestly, I didn’t expect it at all, so this is more than fair to me.” Olivia, now 8, testified Tuesday that she was obsessed with removing the scar on her inner thigh, which she called a “nugget,” the paper reported. Lawyers for McDonald’s said her child’s discomfort was gone by the time her wounds healed, which took about three weeks. “Her daughter still goes to McDonald’s, says she wants to go to McDonald’s, goes through the drive-thru with her mother and buys chicken nuggets,” defense attorney Jennifer Miller told jurors in closing arguments Wednesday. “She doesn’t care about the injuries. Ms Holmes said she bought Happy Meals for her son and daughter who were sitting in the back seat and the nugget fell on the children’s legs as they drove away. The girl’s mother said the girl screamed in pain and when she stopped the car in the parking lot, she realized that the nugget was stuck between Oliva’s thigh and the seatbelt. The mother said McDonald’s did not warn her at any point that the food might be unusually hot. The company testified that it complied with food safety regulations that require McNuggets to be hot enough to avoid salmonella poisoning, and testified that it had no control over what happened to the food that came out of the drive-thru window.At trial in May, both sides agreed that the nuggets caused the burns, but the family’s attorney said the temperature was over 200 degrees Celsius, while the defense argued it was under 160 degrees Celsius.Photos of the burns by the mother and the child A New Mexico jury awarded punitive damages to 81-year-old Stella Liebeck, who burned her leg in 1992 when hot McDonald’s coffee spilled on her lap in 1992. She ordered McDonald’s to pay $2.7 million in damages.She injured herself in the middle and buttocks while trying to stabilize the cup with her foot while prying the lid off to add cream outside the drive-thru.She suffered third-degree burns and spent more than a week in the hospital.She initially asked McDonald’s for $20,000 to cover her hospital bills, but the company went to trial.The judge later reduced her $2.7 million reward to $480,000. said the amount was appropriate for McDonald’s “deliberate, reckless, reckless” and “ruthless” actions.

A jury in South Florida has awarded $800,000 in damages to a girl whose mother suffered second-degree burns after a hot chicken McNugget fell on her leg when she left a McDonald’s drive-thru.

Lawyers for the family of Olivia Caravallo, who was four years old when she was burned in 2019, were seeking $15 million in damages. The jury reached a verdict Wednesday after deliberating for nearly two hours, the South Florida Sun Sentinel reported.

The jury verdict awarded McDonald’s U.S. and its franchise operator Upchurch Foods $400,000 in damages over the past four years and an additional $400,000 in future damages. Another jury ruled in May that the company and franchise owners were responsible for injuries outside a McDonald’s in Tamarack, near Fort Lauderdale.

Olivia’s mother, Firana Holmes, told reporters outside the courtroom: “I’m really happy that the jury listened to Olivia and gave her a fair verdict.” “I’m happy about that. I honestly didn’t expect it at all, so this is more than fair to me.”

Olivia, now 8, testified Tuesday that she was obsessed with removing the scar on her inner thigh, which she called a “nugget,” according to the newspaper.

Lawyers for McDonald’s said it took about three weeks for the wound to heal and the child’s discomfort had subsided. They argued that it was the girl’s mother who had the scar problem and said the jury should be paid $156,000 in past and future damages.

“She still goes to McDonald’s, says she wants to go to McDonald’s, goes through the drive-thru with her mother, buys chicken nuggets,” defense attorney Jennifer Miller said in closing arguments Wednesday. “She doesn’t care about her injuries. This is what mom is all about.”

Defense attorneys declined to comment after the verdict.

Holmes said he bought a Happy Meal for his son and daughter who were sitting in the back seat and tried to drive away when the nugget fell on the child’s leg. She said the girl screamed in pain and when she pulled over in the parking lot, she realized the nugget was wedged between Oliva’s thigh and seat belt.

The mother testified that she was never warned by McDonald’s that the food might be unusually hot. The company testified that it follows food safety regulations, that McNuggets need to be hot enough to avoid salmonella poisoning, and that what happens to food that exits the drive-thru window is out of its control.

At the trial in May, both sides agreed that the nuggets caused the burns, but the family’s lawyers said the temperature exceeded 200 degrees Celsius, while the defense said it was below 160 degrees Celsius.

Pictures of the mother’s burns and an audio clip of the child’s screams were shown in court.

The lawsuit may be reminiscent of the McDonald’s coffee lawsuit of the 1990s, which has become something of an urban legend about a seemingly frivolous lawsuit, even though the jury and judge never admitted the issue.

A jury in New Mexico has awarded $2.7 million in punitive damages to Stella Riebek, 81, who burned her legs, groin and buttocks with hot McDonald’s coffee that spilled on her lap while trying to pry open a cup lid to add cream outside a drive-thru in 1992.

She suffered third-degree burns and spent more than a week in hospital.

She initially asked McDonald’s for $20,000 in hospital bills, but the company went to court. A judge later reduced the $2.7 million bounty to $480,000, which he said was appropriate for McDonald’s “willful, reckless, reckless” and “ruthless” conduct.

https://www.wlwt.com/article/girl-burned-by-mcdonalds-chicken-mcnugget-awarded-dollar800000/44608379 $800,000 in compensation for girl burned by McDonald’s Chicken McNuggets

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