A Fort Lauderdale jury has reached a split verdict in a lawsuit that alleged hot chicken McNuggets from a local McDonald's franchise left a young girl severely burned.
The jury on Thursday found fault with McDonald's and the franchise owner for the burns the 4-year-old girl suffered when she went to the Tamarac fast food restaurant back in 2019.
Her parents, Philana Holmes and Humberto Caraballo Estevez, sued the McDonald's Corporation and the franchisee Upchurch Foods, Incorporated, also known as Upchurch Management.
The suit filed in Broward County claimed the girl suffered second-degree burns from the "unreasonably and dangerously" hot nuggets in her "Happy Meal."
We've got the news you need to know to start your day. Sign up for the First & 4Most morning newsletter — delivered to your inbox daily. Sign up here.
One nugget got stuck in her car seat and burned the child's leg, the suit said.
Both McDonald's and Upchurch argued they were not at fault.
Upchurch Foods denied the allegations in court filings saying they bear "no responsibility for any injuries or damages" that the child "may have sustained.
U.S. & World
The day's top national and international news.
Jurors began deliberations Wednesday evening after hearing closing arguments in the case.
The 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.
In a statement Thursday, McDonald's said they disagree with the verdict.
“We take every complaint seriously and certainly those that involve the safety of our food and the experiences of our customers. Together with our franchisees, for nearly 70 years, we have consistently served customers safe, high-quality food using strict policies and procedures," the statement read. "This was an unfortunate incident, but we respectfully disagree with the verdict. Our customers should continue to rely on McDonald’s to follow policies and procedures for serving Chicken McNuggets safely.”
Franchise owner Brent Upchurch also said he was disappointed in the verdict.
“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. That’s 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," he said in a statement. "We are deeply disappointed with today’s verdict because the facts show that our restaurant in Tamarac, Florida did indeed follow those protocols when cooking and serving this Happy Meal. Our community here in South Florida should remain confident that we will continue serving safe and high-quality meals, just as we’ve done for more than 50 years at Upchurch Management restaurants.”
The parents said they were pleased with the jury's decision and said they hope it leads to change.
"Just thankful that Olivia’s voice was heard, I’m glad McDonalds now has to acknowledge there’s a warning that needs to be put out there. Just thankful," Philana Holmes said.
Attorneys for the family said another trial will determine how much McDonald's and Upchurch have to pay in damages. That trial will likely happen later this summer.
