Court Awards 8-Year-Old Girl Nearly $1 Million After She Got 2nd-Degree Burns From A McDonald’s Chicken Nugget

In May, a jury held both the fast food giant and a franchise holder responsible for the incident involving 4-year-old Olivia Caraballo. The incident occurred when she opened a Happy Meal in the car and suffered second-degree burns from a scalding hot nugget.

NBC Miami

The Broward County grand jury took only two hours of deliberation to determine the compensation amount, settling on $800,000. This amount is significantly lower than the $15 million initially sought by the girl's family in their lawsuit, as reported by NBC6 South Florida.

NBC Miami

Olivia's parents, Philana Holmes and Humberto Caraballo Estevez, brought the lawsuit against McDonald's and the Florida franchisee Upchurch Foods, Inc. They alleged that the Tamarac restaurant had served them nuggets that were unreasonably and dangerously hot, measuring at a scalding 200 degrees.

While going through the drive-thru, Holmes ordered a six-piece Chicken McNuggets Happy Meal and passed it to Olivia, who was seated in the backseat.

Unfortunately, one of the scalding hot nuggets slipped from Olivia's grip and became trapped between her car seat and leg, where it remained for approximately two minutes. This led to severe burns, leaving her thigh disfigured and scarred, as stated in the lawsuit filed in August 2019.

NBC Miami

According to the girl's parents, both the fast food chain and the franchise owner neglected their responsibility to warn customers about the potential hazards of serving hot food. Additionally, they claimed that the employees were not adequately trained, and the food was cooked at a higher temperature than necessary.

In response to the lawsuit, McDonald's lawyers argued that the nugget's temperature would not have exceeded 160 degrees Fahrenheit, the standard temperature used to prevent salmonella poisoning. They asserted that the product was not intended to be in direct contact with human skin for more than two minutes.

NBC Miami

During the trial in May, the jury found Upchurch Foods Inc. liable for negligence and failing to provide adequate warnings to customers regarding the risks associated with serving hot food. As for McDonald's, the jury held them liable for not providing proper instructions on the safe handling of their food items. However, the jury did not consider McDonald's actions as negligent concerning the specific burn incident.

As reported by VT, Olivia and her parents were awarded a combined payout of $800,000 to compensate for various factors such as pain and suffering, disfigurement, mental anguish, inconvenience, and the loss of capacity to enjoy life.

Reflecting on the jury's decision, Olivia's family's attorney read out the statement: "This momentous decision brings meaningful closure to an arduous and protracted legal process."

Getty Images/ Carlos Osorio/ Toronto Star

"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."

On Wednesday, Holmes told reporters that she was happy with the jury’s decision, despite the lower amount in damages.

“I’m actually just happy they listened to Olivia’s voice and the jury was able to decide a fair judgment, I’m happy with that,” Holmes said, according to NBC6.

This recent case bears resemblance to the notorious hot coffee lawsuit from the 1990s involving the same fast-food giant.

In that earlier incident, an 81-year-old woman named Stella Liebeck received a substantial $2.7 million in punitive damages from a New Mexico jury. 

She suffered third-degree burns to her legs, groin, and buttocks when scalding McDonald's coffee spilled on her lap. Following the accident, Stella had to endure over a week in the hospital for treatment and recovery.