Florida McDonald’s negligent as 4-year-old burned by McNugget, jury rules

A Florida jury returned a split verdict in a lawsuit over hot chicken nuggets from McDonald’s that burned a child.

Philana Holmes and Humberto Caraballo Estevez, the parents of a 4-year-old girl, sued McDonald’s and franchisee UpChurch Foods back in 2019.

Holmes claimed she stopped at a McDonald’s in Tamarac in Broward County on Aug. 21, 2019 and ordered at the drive-thru. Among the items she picked up was a six-piece chicken McNugget Happy Meal that she passed to her daughter Olivia, who was in the car’s backseat.

A McNugget fell on the girl’s leg and got stuck in her car seat, causing her to scream, the South Florida Sun Sentinel reported. Holmes pulled into a parking lot and saw the wounds.

The second-degree burns left the girl “disfigured and scarred,” the suit alleged.

The complaint said the restaurant should not have served the “unreasonably and dangerously hot” chicken, knew the food was too hot and did not provide any warning or instruction.

After the lawsuit finally went to trial this week, the jury found McDonald’s and UpChurch Foods liable. The franchisee was also found negligent, according to the the law firm representing the family, Fischer Redavid.

“This is a critical first step for Olivia and her parents, who, for five years, have had to deal with the ramifications of something that nows — now unquestionably — foreseeable, avoidable and should never have happened,” the firm said in a statement.

“Ultimately, food isn’t safe if it will disfigure a child — plain and simple.”

In separate statements, both companies described the inciting incident as “unfortunate” and said proper procedures for serving food were followed.

A second trial to determine how much McDonald’s and UpChurch must pay in damages will likely start this summer.