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A South Florida jury has ruled in a civil lawsuit filed against McDonald’s and its franchisees alleging that Happy Meal’s “dangerously hot” chicken nuggets burned a toddler, according to CNN affiliate WPLG. returned a split verdict.
A jury on Thursday found McDonald’s and franchise owner Upchurch Foods to be responsible for failing to properly warn and reasonably direct the potential for harm from hot McNuggets served at a drive-thru in Tamarack, Fla. The news agency reported that it was approved. But only Upchurch Foods was found at fault. The jury also found that there were no inherent flaws in marketing McNuggets and no implied warranties were breached.
The lawsuit was filed against McDonald’s and Upchurch Foods in 2019. A Fort Lauderdale jury found both Filana Holmes and the daughter of Humberto Caraballo Estevez at fault after a hot nugget fell on their lap and burned them, WPLG reports. Stated.
Holmes bought a Happy Meal at a drive-thru, paid for it, and then drove away, according to the lawsuit. The nugget fell and got stuck between the four-year-old daughter’s leg and the car seat, according to the plaintiff’s law firm.
The complaint alleges that “the Chicken McNuggets in Happy Meal were unreasonably and dangerously hot (thermally)” and caused her “burns to the skin and flesh around her thighs” and “disfigurement and scarring.” remained.”
The complaint argued that the franchisees should have known that the nuggets were “unfit for human handling”, had an obligation not to sell them, and should have properly trained and supervised their employees.
In a blog post, Fisher Redavid, a law firm representing the plaintiffs, said the case will go to a second instance to “determine the amount of damages owed to the client.”
The lawsuit mirrors the infamous McDonald’s hot coffee lawsuit in the 90’s when a woman spilled coffee on her lap and suffered third-degree burns. A jury agreed with her claim that the coffee was unreasonably hot. Fisher-Ledavid noted that the plaintiffs in the lawsuit were initially paid nearly $3 million in damages, but settled for less after appealing.
“This is not the infamous hot coffee case. This is Ms. Olivia’s case,” the law firm said in a statement to WPLG. “She’s a lovely, innocent child, but through no fault of hers, she suffered severe burns.”
In a statement, McDonald’s said it “respectfully disagrees with the verdict” while calling it a “disappointing incident”. McDonald’s defense said it had no control over injuries or damages.
“We take the safety of our customers as one of our top priorities, and our hearts go out to the families in this unfortunate incident,” said local McDonald’s owner and operator Brent Upchurch in a statement. “As such, our restaurants follow strict rules regarding the preparation and serving of menus that include Chicken McNuggets, in accordance with food safety best practices.”
Mr. Upchurch said the Tamarac site “certainly followed” safety protocols.
Fisher-Ledavid said in a statement that the ruling “reflects truth, fact and law.”
“We do not consider this a ‘controversial verdict.’ Two defendants were tried and denied responsibility. The jury found both guilty.”
– CNN’s Daniel Weiner-Bronner contributed to this report
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