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Filana Holmes and Humberto Caraballo Estevez were awarded $800,000 in damages by a Broward County, Florida jury in May, suing McDonald’s and its franchisees for blaming their four-year-old daughter on chicken nuggets in 2019.
The family received $400,000 for injuries sustained by their daughter, Olivia, and an additional $400,000 for any future injuries or damages she may suffer as a result of the incident. The count that prevailed in her lawsuit attested that her daughter had experienced “pain and suffering, disfigurement, emotional distress, inconvenience, and loss of her ability to enjoy her life.”
In a statement, the family’s attorneys said, “This momentous ruling marks a meaningful end to a difficult and protracted legal process. While we have previously established that defendants Upchurch Foods and McDonald’s USA LLC are responsible for wrongful conduct, this ruling reaffirms that they must now face the consequences and provide full justice.”
Source material below.
florida couple I am suing A 4-year-old daughter paid $15,000 to McDonald’s in August 2019 after claiming she was burned by chicken nuggets.
Filana Holmes and Humberto Caraballo Estevez are suing a fast food giant (on behalf of their daughter Olivia) after buying a Happy Meal Box at a drive-thru in Tamarac, Florida.
A “dangerously hot” nugget fell out of the box and landed on the girl’s lap. A recording of her screaming was played in court. According to her family, she suffered second-degree burns to her leg from her food, which left her “disfigured and scarred.”
“When I was peeling the nuggets from her skin, they fell apart in my hands.” Holmes said. “Her thighs, the tops of her thighs were really, really red. She’s screaming, she’s screaming.”
The family is suing McDonald’s and the franchise owner, Upchurch Foods, for failing to properly educate employees about food safety and negligence.
Defendants allege that McDonald’s employees should not have served the nuggets at such “unreasonable and dangerous” temperatures as “defective, harmful and unfit for human handling.”
“The reasonable and foreseeable use is for a child to handle the box,” family attorney Jordan LeDavid told the court of the standard Happy Meal box. “The law implies a commitment from businesses, in this case to children. And if it’s preventable, it’s something to be warned about, and you should warn someone about it, and if you don’t, you’re responsible.”
McDonald’s issued a statement. sun sentinel In response to the lawsuit, the company said it “respectfully disagrees with the plaintiff’s allegations.”
Scott Yount, a McDonald’s agent, said in court that there was “no fault” on behalf of customers.
“Mr. Holmes purchased thirty-two Chicken McNuggets that day. Evidence indicates that thirty-one of them were unharmed.” He said.
Almost 30 years ago, in 1992, Stella Riebek famously sued McDonald’s for spilling hot coffee on her lap and burning her.she won the lawsuit A jury awarded punitive damages of $2.7 million.