FORT LAUDERDALE, Fla. – Opening statements began Tuesday in a second trial to determine the damages that will be awarded to a family who filed a lawsuit against McDonald’s and its franchisee, Upchurch Foods Inc., after their 4-year-old daughter was severely burned by a chicken nugget, according to News 6 partner WPLG-TV.
Earlier this year, a separate jury found some fault with both McDonald’s and the franchisee after the family claimed a Chicken McNugget burn left their daughter “disfigured and scarred.”
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The jury found that both were liable for failure to warn about the “foreseeable risks of harm.”
The jury also found Upchurch Foods, but not McDonald’s, was negligent and decided that both companies were not liable for additional allegations.
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Now the parents of the girl are seeking $15 million.
The lawsuit stems from a trip to the drive-thru on Aug. 21, 2019. Philana Holmes said she went to the McDonald’s at 7600 NW 57 St. in Tamarac and ordered a six-piece Chicken McNuggets Happy Meal for her daughter, Olivia. She said the girl was in the car when she dropped a nugget on her lap, which got lodged between her thigh and her vehicle’s seat belt.
“The Chicken McNuggets inside of that Happy Meal were unreasonably and dangerously hot ... and caused (the victim)’s skin and flesh around her thighs to burn,” the lawsuit stated.
The suit claimed the companies served food that was “unfit for human handling — let alone consumption” due to the temperature.
McDonald’s and their franchisee argued food safety rules require McNuggets to be hot enough, otherwise, they’re unsafe to eat. The defense also argued that what happens to a McNugget once it leaves the drive-thru window is beyond their control.
Tuesday’s proceedings
After attorneys made their opening statements Tuesday, Holmes took the stand first.
“I’m her voice and I know when my baby is hurt and if I can’t take that pain away, then I did something wrong,” she testified.
Her attorney went through an array of photos showing Olivia’s burn.
“She still picks at it now,” Holmes said. “For her, it’s a constant reminder — so for us, it’s a constant reminder.”
The family’s attorneys argued that the $15 million sum is “fair and reasonable” considering the permanent scar left behind.
Attorneys for McDonald’s and Upchurch Foods argued the number is way too high, noting that the wound has healed and wasn’t disabling.
Under questioning from the defense, Holmes admitted Olivia still enjoys Chicken McNuggets — from a different McDonald’s.
“In the past four years, she has not received any treatment for, either, the wound, or the scar, other than the silicone gel, or the ointment, correct?” Defense attorney Jennifer Miller asked Holmes.
“Not at this time because it’s too much for her,” Holmes answered. “(The answer) would be no.”
One of the last people to take the stand Tuesday afternoon was one of the defense team’s experts. He testified that even with improvement, be it surgical or laser treatment, there will always be a scar on the child’s leg, ultimately, as she grows up into adulthood.
Jurors are expected to get the case and begin deliberations Wednesday afternoon.
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