21-7-2023 (BROWARD) A Broward County jury has awarded $800,000 in damages in a lawsuit filed against a local McDonald’s franchise, where it was alleged that hot chicken McNuggets caused severe burns to a young girl.
The split verdict, delivered in May, found both McDonald’s and the franchise owner, Upchurch Foods, Incorporated, at fault for the burns suffered by then 4-year-old Olivia Caraballo during a visit to the Tamarac fast food restaurant in 2019.
Following closing arguments on Wednesday, the jury deliberated for a mere two hours to determine the amount the family should receive for the child’s pain and suffering, ultimately settling on $800,000.
The lawsuit was brought forth by Philana Holmes and Humberto Caraballo Estevez, parents of Olivia Caraballo, who claimed that the girl suffered second-degree burns from the “unreasonably and dangerously” hot nuggets in her “Happy Meal.” According to the suit, one nugget got stuck in her car seat, leading to the burn on her leg.
“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,” said Holmes in response to the verdict.
Though the family initially sought $15 million in compensation, their attorneys expressed satisfaction with the $800,000 award, considering it “fair and just.”
“This momentous decision brings meaningful closure to an arduous and protracted legal process,” stated the attorneys. “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trial, attempting to undermine the extent of Olivia’s suffering in the eyes of the community, their efforts have been superseded by the jury’s determination.”
Throughout the trial, both McDonald’s and Upchurch contended that they were not at fault, but the Broward jury determined that both entities failed to provide adequate warnings on the food, leading to the child’s injury. However, McDonald’s was found not negligent for causing the burns.
NBC6 reached out for a statement from McDonald’s and the franchise owner in response to the verdict, but they have not received a response.
