TAMPA, Fla. (WFLA) — A Florida jury has found McDonald’s and one of its franchise owners not negligent, but liable for the burns suffered by a 4-year-old girl who ate “dangerously hot” Chicken McNuggets, WTVJ reported.
According to the news station, the child’s parents, Philana Holmes and Humberto Caraballo Estevez, had sued the McDonald’s Corporation and the franchisee, Pompano Beach-based Upchurch Foods, Inc., alleging their child suffered second-degree burns from “unreasonably and dangerously” hot nuggets.
The suit claimed the child was eating a Happy Meal in the back seat of a car when a nugget got stuck in her car seat and burned her leg. The suit was filed after the incident, which occurred in Tamarac in 2019. The case went to trial this week.
The jury began deliberations Wednesday evening and issued a split verdict Thursday. Jurors said the restaurant should be held liable for failing to put warnings on the food that caused the child’s burns, but it was not negligent.
“We take every complaint seriously and certainly those that involve the safety of our food and the experiences of our customers. Together with our franchisees, for nearly 70 years, we have consistently served customers safe, high-quality food using strict policies and procedures,” McDonald’s said in a statement after the verdict was announced. “This was an unfortunate incident, but we respectfully disagree with the verdict. Our customers should continue to rely on McDonald’s to follow policies and procedures for serving Chicken McNuggets safely.”
The local McDonald’s franchise owner emailed the following statement to WFLA:
“Our sympathies go out to this family for what occurred in this unfortunate incident, as we hold customer safety as one of our highest priorities. That’s why our restaurant follows strict rules in accordance with food safety best practices when it comes to cooking and serving our menu items, including Chicken McNuggets. 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. Our community here in South Florida should remain confident that we will continue serving safe and high-quality meals, just as we’ve done for more than 50 years at Upchurch Management restaurants.”
According to WTVJ, the girl’s parents were pleased with the verdict and feeling hopeful it will lead to change.
“Just thankful that Olivia’s voice was heard, I’m glad McDonalds now has to acknowledge there’s a warning that needs to be put out there. Just thankful,” Holmes said.
According to the report, another trial will determine how much McDonald’s and Upchurch will have to pay in damages.
