Fred Bullock
2 years ago
The niglet's mammy burned her on purpose with a cigarette to get
money for drugs.
money for drugs.
CNN
A South Florida jury returned a split verdict in a civil lawsuit filed
against McDonalds and one of its franchisees that alleged dangerously
hot chicken nuggets from a Happy Meal burned a toddler, according to CNN
affiliate WPLG.
The jury on Thursday found that McDonalds and franchise owner Upchurch
Foods liable for failing to properly warn or provide reasonable
instructions on the possible harm from the hot McNuggets dispensed at a
Tamarac, Florida, drive-thru, the news station reported. However, only
Upchurch Foods was found to be negligent. Jurors also found there was no
inherent defect in putting McNuggets on the market and no breach of
implied warranty.
The suit was filed in 2019 against McDonalds and Upchurch Foods. The Fort
Lauderdale jury said both were at some fault for the burns sustained by
Philana Holmes and Humberto Caraballo Estevezs daughter when the hot
nuggets fell on to her lap, WPLG reported.
The complaint said Holmes bought and paid for the Happy Meal from the
drive-thru and then drove away. The nugget fell and became lodged between
her 4-year-old daughters leg and car seat, the law firm representing the
plaintiffs said.
The Chicken McNuggets inside of that Happy Meal were unreasonably and
dangerously hot (in terms of temperature), and caused her skin and flesh
around her thighs to burn, the complaint alleged, leaving her disfigured
and scarred.
The complaint said the franchise should have known the nuggets were unfit
for human handling, had a duty not to sell them, and it should have
adequately trained and supervised its employees.
The law firm representing the plaintiff, Fischer Redavid, said in a blog
post that the case will go to a second trial to determine the damages
owed to our client.
The case echoes the infamous McDonalds hot coffee lawsuit of the 90s, in
which a woman spilled coffee on her lap and suffered third-degree burns. A
jury agreed with her contention that the coffee was unreasonably hot.
Fischer Redavid noted that the plaintiff in that case was initially
awarded nearly $3 million, but she settled for less after an appeal.
This is not the infamous Hot Coffee case; this is Olivias case, the law
firm said in a statement to WPLG. Shes an adorable, innocent child who
was severely burned through no fault of her own.
In a statement, McDonalds called it an unfortunate incident but that
they respectfully disagree with the verdict. McDonalds defense said it
had no control over the injuries and damages.
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, local McDonalds owner and operator, Brent Upchurch, said in
a statement. Thats 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.
Upchurch said the Tamarac location did indeed follow safety protocols.
Fischer Redavids statement said the verdict reflected the truth, the
facts, and the law.
We dont view this as a split verdict. Two defendants went to trial,
denying liability. A jury found both liable.
<https://www.cnn.com/2023/05/12/business/mcdonalds-chicken-nuggets-burn-
lawsuit/index.html>