A South Florida jury granted $800,000 in damages to a little child whose mother was driving away from a McDonald’s drive-thru when a hot Chicken McNugget fell on her leg, causing second-degree burns. In 2019, Olivia Caraballo was burned as a kid, and her family filed a $15 million lawsuit for damages. Furthermore, the South Florida SunSentinel reports that the jury reached a decision on Wednesday after less than two hours of deliberation.
Philana Holmes Lawsuit: Olivia Caraballo Parents Rewarded $800K
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McDonald’s USA and Upchurch Foods, the company that operates the franchise, were fined $400,000 by the jury in damages for the preceding four years and an extra $400,000 for future damages. A separate jury returned a guilty verdict in May regarding the franchise owner and the company’s liability for the injuries sustained outside a Tamarac, Florida, McDonald’s. Olivia’s mother, Philana Holmes, stated, “I’m actually just happy that they listened to Olivia’s voice and the jury was able to decide a fair judgment.”
“I’m happy with it. This is more than enough for me; I had no expectations,” she continued. She stated in court that Olivia calls the scar on her inner thigh her “nugget” and finds it difficult to get rid of. The child’s anguish, according to McDonald’s attorneys, stopped when the wound healed, which they calculated to take about three weeks.
They asserted that the scar was produced by the girl’s mother. They also persuaded the jury that $156,000 ought to cover losses incurred thus far as well as those to come. Jennifer Miller, the defense lawyer, stated, “She still frequents McDonald’s.” She requests to visit McDonald’s. In a similar vein, on Wednesday during her last defense. “She hasn’t been disturbed by the injuries,” the speaker continued. All of it is due to Mom.
The attorneys for Philana Holmes requested $15 million in damages for her pain and suffering, per court documents submitted in Broward County. All parties to the May trial concurred that the burns were caused by the nugget. The defense, however, maintained that the temperature was no higher than 160 degrees, despite the family’s attorneys claiming the temperature was over 200 degrees (93 Celsius). Both the mother’s burn pictures and the child’s cry recordings were played in court.
Philana Holmes Clarify What Happened In Mcdonalds
Holmes claimed that she had purchased Happy Meals for her daughter and son, who were in the rear seat as the vehicle pulled away and the nugget fell on the child’s thigh. When she pulled over in a parking lot, she found the nugget had become lodged between Oliva’s calf and the seat belt. She said the child had cried out in pain. The mother claimed that she was never informed by McDonald’s that the food would be quite hot.
According to the company, they abide by food safety laws that stipulate that McNuggets must be sufficiently heated to prevent bacterial contamination. Additionally, she discussed what happens to the meal once it exits the drive-through window and is no longer in their control. The McDonald’s coffee lawsuit from the 1990s may evoke recollections of that case, which gave rise to an urban legend about looking to be frivolous claims while being proven otherwise by a jury and court.
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