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#$800,000 awarded to family of girl burned by McDonald's chicken nugget, Florida jury rules

Olivia Caraballo, now 8, is shown with her parents, Humberto Caraballo Estevez and Philana Holmes, in the courtroom gallery at the Broward County Courthouse in Fort Lauderdale, Fla., Tuesday, July 18, 2023. Philana Holmes and Olivia Caraballo's father, Humberto Caraballo Estevez, sued McDonald's after their then 4-year-old daughter, Olivia Caraballo, got a second-degree burn from a hot chicken nugget. (Amy Beth Bennett/South Florida Sun-Sentinel via AP)

A Florida jury has ruled that $800,000 in damages should be awarded to the family of a girl that alleged hot chicken nuggets from a local McDonald’s franchise left her severely burned.

The lawsuit, originally filed in 2019, alleged that “unreasonably and dangerously” hot chicken nuggets were served in the Happy Meal and caused the skin and flesh around then-4-year-old Olivia Caraballo’s thighs to burn.

The lawsuit, filed by Olivia’s parents, Philana Holmes and Humberto Caraballo Estevez, claimed Olivia suffered second-degree burns when a hot Chicken McNugget fell on her leg while sitting in the backseat of her mother’s car in a McDonald’s drive-thru.

Holmes testified that when the nugget fell on Olivia’s leg, she screamed in pain, and when Holmes pulled over in a parking lot, she realized the nugget was lodged between the girl’s thigh and the seat belt, according to the Associated Press.

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Philana Holmes, right, hugs her attorney, Keyla Smith, after a jury awarded her $800,000 on behalf of her daughter Olivia Caraballo, now 8, at the Broward County Courthouse in Fort Lauderdale, Fla., Wednesday, July 19, 2023. Philana Holmes and Humberto Caraballo Estevez, sued McDonald's seeking $15 million after their then 4 year old daughter, Olivia Caraballo, got a second-degree burn from a hot chicken nugget. (Amy Beth Bennett/South Florida Sun-Sentinel via AP)

She also testified that McDonald’s did not warn her the food might be unusually hot.

McDonald’s testified the restaurant follows food safety rules, which require nuggets to be hot enough to avoid salmonella poisoning and that what happens with the food once it leaves the drive-thru is beyond the company’s control.

A separate jury in May reached a split verdict in the lawsuit, finding fault with McDonald’s and the franchise owner for the burns.

The jury deliberated for less than two hours Wednesday, according to the South Florida SunSentinel, before reaching its verdict. The family was originally seeking $15 million in damages, according to the Associated Press.

Melina Hipskind, from McDonalds USA, stands at the defense table as a verdict awarding Philana Holmes and Humberto Caraballo Estevez $800,000 on behalf of their daughter Olivia Caraballo, now 8, is read at the Broward County Courthouse in Fort Lauderdale on Wednesday, July 19, 2023. Holmes and Caraballo Estevez, sued McDonald's seeking $15 million after their then 4 year old daughter, Olivia Caraballo, got a second-degree burn from a hot chicken nugget. (Amy Beth Bennett/South Florida Sun-Sentinel via AP)

According to the Associated Press, the jury’s verdict form allotted $400,000 in damages for the past four years, and another $400,000 for the future.

McDonald’s did not immediately respond to a request for comment.

The Associated Press contributed to this report.

This article originally appeared on USA TODAY: McDonald’s chicken nugget lawsuit: Family awarded $800K in damages

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