A Broward jury has awarded $800,000 in damages in a lawsuit that alleged hot chicken McNuggets from a local McDonald's franchise left a young girl severely burned.
A jury in May delivered a split verdict in the suit, finding fault with McDonald's and the franchise owner for the burns then 4-year-old Olivia Caraballo suffered when she went to the Tamarac fast food restaurant back in 2019.
After hearing closing arguments Wednesday, a jury deliberated for just two hours over how much money the family should receive for the child's pain and suffering, and quickly reached the $800,000 amount.
Philana Holmes and Humberto Caraballo Estevez, the parents of Olivia Caraballo, sued the McDonald's Corporation and the franchisee Upchurch Foods, Incorporated, also known as Upchurch Management, claiming the girl suffered second-degree burns from the "unreasonably and dangerously" hot nuggets in her "Happy Meal."
One nugget got stuck in her car seat and burned the child's leg, the suit said.
“I’m actually just happy they listened to Olivia’s voice and she, the jury was able to decide a fair judgement, I’m happy with that," Holmes said Wednesday.
The family had been asking for $15 million, but their attorneys called the outcome "fair and just."
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"This momentous decision brings meaningful closure to an arduous and protracted legal process," the attorneys said in a statement. "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trial, attempting to undermine the extent of Olivia's suffering in the eyes of the community, their efforts have been superseded by the jury's determination."
Both McDonald's and Upchurch argued during the trial they were not at fault, but the Broward jury found McDonald's and Upchurch failed to put warnings on the food and that led to the child's injury. But McDonald's was found not negligent for causing the burns.
NBC6 requested a statement from McDonald's and the franchise owner in response to the verdict, but have not received one.
Both the company and franchise owner said in a previous statement that customers should be confident that the McNuggets are served safely.
