


A Miami-area jury on Wednesday awarded $800,000 to the family of a girl who suffered a second-degree burn from a McDonald’s Chicken McNugget in 2019.
On Aug. 21, 2019, mother Philana Holmes went to the drive-thru of a McDonald’s in Tamarac, Florida, operated by Upchurch Foods. Ms. Holmes ordered her daughter Olivia Caraballo, then a 4-year-old, six-piece Chicken McNuggets.
The fast food turned into an unhappy meal for Olivia when a McNugget she dropped got wedged between the exposed skin of her thigh and the car’s seat belt.
She suffered a second-degree burn from the heat of the McNugget, leading Ms. Holmes and her husband, Humberto Caraballo Estevez, to sue McDonald’s and Upchurch Foods.
While the companies argued that the McNuggets needed to be very hot in order to comply with food safety rules, the plaintiffs contended the fast food item was too hot to be safe for consumption.
In May, a Broward County, Florida, jury ruled that the defendant parties were liable for failing to warn customers about a risk of harm from the hot food. That first jury also found that Upchurch Foods was negligent, but that neither Upchurch Foods nor McDonald’s was liable for additional allegations.
In statements made at the time, McDonald’s called the situation unfortunate but expressed disagreement with the verdict, while Upchurch Foods proprietor Brent Upchurch said, “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.”
The plaintiffs originally sought a $15 million payout in the case, but expressed via the Fischer Redavid law firm satisfaction with the damages awarded.
• Brad Matthews can be reached at bmatthews@washingtontimes.com.