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Jury Awards $800,000 to a Girl Burned by a Chicken McNugget....
Posted on 7/21/23 at 8:34 am
Posted on 7/21/23 at 8:34 am
quote:
A Florida jury awarded $800,000 in damages to a 7-year-old girl on Wednesday for the suffering and mental anguish caused when a Chicken McNugget fell on her thigh, causing a second-degree burn.
The burn happened in 2019 when she was visiting a McDonald’s at age 4, and the case drew comparisons to a famous, and successful, lawsuit against the fast-food chain by a woman who was scalded by hot coffee more than 30 years ago.
The jury in Broward County awarded the girl, Olivia Caraballo, the damages for pain, suffering and other forms of mental anguish — $400,000 for the pain she endured and an additional $400,000 for any future suffering resulting from the injury, according to court documents. Lawyers for the family had asked for $15 million.
The suit was brought in state court by Olivia’s parents, Philana Holmes and Humberto Caraballo Estevez, against McDonald’s and Upchurch Foods, the franchise operator in Tamarac, Fla. In May, a separate jury determined that the two companies were liable for failing to provide reasonable instructions or warnings — on the packaging, for example — about the risks of injuries that could result from a Chicken McNuggets meal, which comes with pieces of white chicken meat.
In August 2019, Ms. Holmes ordered a six-piece Chicken McNuggets Happy Meal for Olivia at a McDonald’s drive-through in Tamarac, a city northwest of Fort Lauderdale, Fla. After she handed the nuggets to her daughter in the back seat, one piece fell on Olivia’s lap, leaving her thigh “disfigured and scarred,” according to the initial lawsuit.
LINK
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Posted on 7/21/23 at 8:35 am to SteelerBravesDawg
Gonna have to start stamping "Caution: HOT!" on every single one of those bastards now.
This post was edited on 7/21/23 at 8:36 am
Posted on 7/21/23 at 8:35 am to SteelerBravesDawg
frick lawyers. frick them
Except for the ones that have helped me of course
Except for the ones that have helped me of course
Posted on 7/21/23 at 8:36 am to SteelerBravesDawg
Coming soon to a Cane's near you.
Posted on 7/21/23 at 8:37 am to SteelerBravesDawg
Make a Don Knotts bday thread
Posted on 7/21/23 at 8:38 am to SteelerBravesDawg
quote:
The jury in Broward County awarded the girl, Olivia Caraballo, the damages for pain, suffering and other forms of mental anguish — $400,000 for the pain she endured and an additional $400,000 for any future suffering resulting from the injury, according to court documents. Lawyers for the family had asked for $15 million.
quote:
The court will supervise the disbursement of the funds awarded to the child, Mr. Redavid said, possibly through a court-appointed guardian who will propose how the money should be distributed. The funds will most likely be placed in an investment account until Olivia is an adult, he added.
At least it sounds like the money will go to the kid & not the parents
Posted on 7/21/23 at 8:38 am to SteelerBravesDawg
quote:
After she handed the nuggets to her daughter in the back seat, one piece fell on Olivia’s lap, leaving her thigh “disfigured and scarred,” according to the initial lawsuit
This is the epitome of the overly litigious society that we have now
Posted on 7/21/23 at 8:39 am to SteelerBravesDawg
Great, now we will be served cold food on purpose...
Posted on 7/21/23 at 8:42 am to SteelerBravesDawg
quote:
This is the epitome of the overly litigious society that we have now
This is a thread where people are going to push all sorts of tort reform ideas, including "loser pays", which would have cost McDonalds even more money b/c they lost the suit
Posted on 7/21/23 at 8:42 am to SteelerBravesDawg
quote:
This is the epitome of the overly litigious society that we have now
So Mom gave her a chicken nugget haphazardly in the car and it subsequently burned her thighs?
Sounds the girl should sue her mother.
Edit - I will say that everyone reacted similarly to the “spilled coffee” story from decades ago, and those pictures were gnarly looking. Not sure it was worth the big lawsuit, but I’d want some serious retribution if my skin was melted.
This post was edited on 7/21/23 at 8:44 am
Posted on 7/21/23 at 8:45 am to SlowFlowPro
quote:
his is a thread where people are going to push all sorts of tort reform ideas, including "loser pays", which would have cost McDonalds even more money b/c they lost the suit
It's gonna read like a John Grisham novel.
Posted on 7/21/23 at 8:47 am to StringedInstruments
quote:
I will say that everyone reacted similarly to the “spilled coffee” story from decades ago, and those pictures were gnarly looking. Not sure it was worth the big lawsuit, but I’d want some serious retribution if my skin was melted.
Fair point.
Posted on 7/21/23 at 8:48 am to SteelerBravesDawg
Reading something can always be a little off. When I saw Jury Awards I read it like Academy Awards and was like oooooh I wonder who won the awards.
Posted on 7/21/23 at 8:49 am to SteelerBravesDawg
quote:
Lawyers for the family had asked for $15 million.
what?
Posted on 7/21/23 at 8:49 am to SteelerBravesDawg
I have no idea about this case, but people love to cite the McDonalds coffee case as an example of frivolous lawsuits, when they have no idea to the reality of it and how legit it was.
McDonalds for years completely ignored warnings from every tester, scientist, etc within their own organization, from industry standards experts outside the organization and so on about how dangerous it was how hot they were making their coffee, and literally no one else in the entire industry was doing what they were doing. They actually got sued several times previously and continued doing what they were doing. They had many internal memos with warnings from their own people with high level executives basically responding "we don't care".
McDonalds for years completely ignored warnings from every tester, scientist, etc within their own organization, from industry standards experts outside the organization and so on about how dangerous it was how hot they were making their coffee, and literally no one else in the entire industry was doing what they were doing. They actually got sued several times previously and continued doing what they were doing. They had many internal memos with warnings from their own people with high level executives basically responding "we don't care".
Posted on 7/21/23 at 8:49 am to StringedInstruments
quote:
So Mom gave her a chicken nugget haphazardly in the car and it subsequently burned her thighs?
Sounds the girl should sue her mother.
Exactly. The mom should be the one getting the blame including a visit from CPS. The mom is the one that served her kid the hot food, not McDonalds.
Sadly, the days of personal accountability are long gone.
Posted on 7/21/23 at 8:53 am to StringedInstruments
quote:
I will say that everyone reacted similarly to the “spilled coffee” story from decades ago, and those pictures were gnarly looking. Not sure it was worth the big lawsuit, but I’d want some serious retribution if my skin was melted.
Exactly. This is answer. Depends on the amount of negligence. If you put a chicken nugget covered still boiling oil into a box intended for kids, you will likely owe some damages.
Posted on 7/21/23 at 8:59 am to SteelerBravesDawg
Tim Dillon went off on this a couple months ago on his podcast
The girl is apparently nonverbal/autistic
Mom just hands the happy meal box with the scorching nuggets. Girl drops a nugget and it gets pinned between the carseat and her leg and either the girl didn’t or couldn’t notify the mom anything was wrong or negligence by the mom to not know something was wrong as she was burned for several minutes apparently
$800,000 is absurd . Just clown world
Also: I would love to get a hot McNugget. Can’t remember the last time I had a very hot McNugget . Doubt I ever will again thanks to these folks who ruin it for everyone else
The girl is apparently nonverbal/autistic
Mom just hands the happy meal box with the scorching nuggets. Girl drops a nugget and it gets pinned between the carseat and her leg and either the girl didn’t or couldn’t notify the mom anything was wrong or negligence by the mom to not know something was wrong as she was burned for several minutes apparently
$800,000 is absurd . Just clown world
Also: I would love to get a hot McNugget. Can’t remember the last time I had a very hot McNugget . Doubt I ever will again thanks to these folks who ruin it for everyone else
This post was edited on 7/21/23 at 9:03 am
Posted on 7/21/23 at 9:02 am to Lawyered
quote:
negligence by the mom
Posted on 7/21/23 at 9:03 am to SteelerBravesDawg
If you read into the case a little, the plaintiff put on evidence that the nugget was over 200 degrees. In fairness, that could cause some serious damage. Also, it's not like McDonald's is going to hurt from that 800k loss
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