New York (CNN) A South Florida jury has returned a split verdict in a civil lawsuit brought against McDonald’s and one of its franchisees that alleged ‘dangerously hot’ chicken nuggets from a Happy Meal burned a toddler, according to CNN affiliate WPLG.
The jury found Thursday that McDonald’s and franchise owner Upchurch Foods were liable for failing to properly warn or provide reasonable instructions about possible harm caused by hot McNuggets handed out at a drive-thru in Tamarac, in Florida, the news station reported. However, only Upchurch Foods was found to be negligent. The jurors also found that there were no inherent defects in the marketing of McNuggets and no breach of implied warranty.
The lawsuit was filed in 2019 against McDonald’s and Upchurch Foods. The Fort Lauderdale jury found the two were responsible for the burns sustained by the daughter of Philana Holmes and Humberto Caraballo Estevez when the hot nuggets fell on her lap, WPLG reported.
The complaint said Holmes purchased and paid for the Happy Meal at the drive-thru and then drove off. The nugget fell and got stuck between her 4-year-old daughter’s leg and car seat, the law firm representing the plaintiffs said.
“The Chicken McNuggets inside this Happy Meal were unreasonably and dangerously hot (in terms of temperature)”, and caused her to “burn the skin and flesh around her thighs”, according to the complaint, leaving her “disfigured and healed”.
The complaint said the franchise should have known the nuggets were “unsuitable for human manipulation,” had a duty not to sell them, and should have properly trained and supervised its employees.
The law firm representing the plaintiff, Fischer Redavid, said in a blog post that the case will go to a second trial to “determine the damages owed to our client.”
The case echoes the infamous McDonald’s hot coffee trial of the 1990s, in which a woman spilled coffee on her lap and suffered third-degree burns. A jury accepted his claim that the coffee was unreasonably hot. Fischer Redavid noted that the plaintiff in that case was initially awarded nearly $3 million, but settled for less after an appeal.
“This is not the infamous Hot Coffee case; this is Olivia’s case,” the law firm said in a statement to WPLG. “She is a lovely, innocent child who was badly burned through no fault of her own.”
In a statement, McDonald’s called it an “unfortunate incident” but that they “respectfully disagree with the verdict.” McDonald’s defense said it had no control over the injuries and damages.
“Our condolences go out to this family for what happened during this unfortunate incident, as we consider customer safety one of our top priorities,” local McDonald’s owner and operator Brent Upchurch said. in a press release. “That’s why our restaurant follows strict rules in accordance with food safety best practices when it comes to cooking and serving our dishes, including Chicken McNuggets.”
Upchurch said the Tamarac location “effectively followed” safety protocols.
Fischer Redavid’s statement said the verdict “reflected the truth, the facts and the law”.
“We do not view this as a ‘split verdict’. Two defendants were tried, denying liability. A jury found both responsible.”
– CNN’s Danielle Wiener-Bronner contributed to this report