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Toddler Awarded $800,000 in Lawsuit: McDonald’s and Franchisee Held Liable for Hot McNugget Incident

Emma Grant
Last updated: 2023/07/22 at 5:11 PM
Emma Grant
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Philana Holmes and Her Daughter
Photo: CNN | Philana Holmes and her daughter Olivia Caraballo, 7 listen to the final witness in their case at the Broward County Courthouse in Fort Lauderdale, Florida on Wednesday May 10, 2023. Holmes and Olivia's father, Humberto Caraballo Estevez, are suing McDonald's after their daughter got second-degree burns from a scalding hot chicken nugget.
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An exciting twist of fate has occurred: a Broward County jury has ruled in favor of a Florida family, awarding them a whopping $800,000 in a civil action against McDonald’s and one of its franchisees.

It all started when their kid was burned by hot chicken nuggets, and the situation was heartbreaking.

A Fateful Drive-Thru Experience

The tragedy unfolded in a drive-through McDonald’s in Tamarac, Florida, when the family ordered some McNuggets. They had no idea that the fast food their youngster enjoyed every day would cause severe burns and long-lasting damage.

After a lengthy trial, the jury found McDonald’s and franchise owner Upchurch Foods liable for failing to adequately warn customers about the hazards of eating their heated McNuggets. The jury agreed with the plaintiff and ruled them negligent; this opened the door to a large settlement.

$800,000 for Pain, Suffering, and Beyond

The jury’s humanity and compassion shined through as they carefully considered the effect on the family’s life and did their best to provide a fair verdict. A record $800,000 was given out, and it was carefully divided between two categories:

  • A Past of Pain and Suffering

The child’s injuries from the past resulted in the family receiving $400,000. They have suffered bodily and mental harm since that day, and this sum compensates for it.

  • A Future of Healing and Restoration

The judges added $400,000 to the original award to account for potential long-term consequences for the kid. This foresighted choice recognizes the lasting consequences on the child’s life and provides some measure of comfort and solace.

Statement from the Family’s Attorneys

The family’s attorneys released a powerful message of relief and happiness at the jury’s historic verdict. Proclaiming, “This momentous decision brings meaningful closure to an arduous and prolonged legal process,” they emphasized the importance of the ruling.

This judgment confirms that Upchurch Foods, Inc. and McDonald’s USA, LLC are responsible for their wrongdoing and must now bear the penalties and mete out full punishment.

A Call for Accountability

Companies and franchisees should take note that their responsibilities go much beyond the sale of food after this high-profile case. Taking the necessary precautions and providing enough warnings is crucial, especially when working with potentially dangerous temperatures.

Healing and Hope for the Family

Although monetary compensation cannot undo the harm done to the kid, this judgment provides some kind of closure and healing for the family. It also conveys the message that businesses must put the well-being of their customers and the public first.

The family’s success in court is an inspiration to those who are fighting for justice and responsibility after experiencing something similar.

SOURCES: Read the original story here
Emma Grant July 22, 2023 July 22, 2023
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By Emma Grant
Emma Grant is a highly regarded legal news expert with a deep understanding of constitutional law and its implications in contemporary society. With her extensive background in legal journalism and analysis, Emma Grant has established herself as a trusted authority on the intersection of law, policy, and society.
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