McDonald's

Parents Suing McDonald's Over Hot Chicken Nugget That Burned Daughter

The trial began in Florida court on Tuesday

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Two Florida parents believe McDonald’s is responsible for an “unreasonably and dangerously hot” chicken nugget that left their daughter with second-degree burns.

Philana Holmes and Humberto Caraballo Estevez of Broward County, Florida, sued McDonald’s and Upchurch Foods, the franchise operator, for negligence and poor training and are seeking $15,000 in damages. Opening statements in the trial were read on Tuesday and testimony soon followed.

The incident occurred in 2019 after Holmes ordered her 4-year-old daughter, Olivia, a Happy Meal from a Tamarac McDonald’s drive-thru.

The lawsuit says that Holmes handed her daughter the meal in the back of the car and started driving. She soon heard a scream after one of Olivia’s nuggets got wedged between her thigh and the seatbelt for almost two minutes, creating burns that left Olivia “disfigured and scarred.”

McDonald’s and Upchurch Foods denied wrongdoing.

“Ms. Holmes purchased 32 chicken McNuggets that day,” attorney Scott Yount, representing McDonald’s, said. “The evidence will show (that for) 31 of them, there was no problem.”

The company also released a statement saying hot temperatures are required to ensure the food is fully cooked and safe to eat.

“We take every complaint seriously and certainly those that involve the safety of our food and the experiences of our guests,” McDonald’s said in its statement on Monday. “This matter was looked into thoroughly. Ensuring a high standard for food safety and quality means following strict policies and procedures for each product we cook and serve. Those policies and procedures were followed in this case and we therefore respectfully disagree with the plaintiff’s claims.”

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