Drop a McNugget on your lap...get $800K

[stevej37]

Totally ridiculous....

https://news.yahoo.com/finance/news/jury-awards-florida-girl-burned-124435615.html

[drcoastline]

It certainly is, a friend of mine is a claims manager for a large insurer, they handle McDonald's Corp., the fraud that is permitted to occur is disturbing. But claims like this are noting compared to others. One claim I was told about is a real estate "investor" in California. It seems all his properties that need to be remodeled mysteriously catch fire. On one particular claim the "investor" turned in a fire damage claim, the investigation found a surveillance camera caught him setting the property on fire. The claim was denied, he hired an attorney, the carrier offered to settle for $200,000.00 he sued and won $500,000.00

[rfuerst911sc]

^^^ That is crazy !!! The guy should be in jail for arson .

[masraum]

Is it possible that the girl got a hot nugget that if forcefully pressed to the skin of a 4 yo could cause second degree burns (a blister), sure assuming McDs still deep fries their nuggets, that wouldn't be outside the realm of possibilities.

But what parent doesn't check the temp of food before handing it to their toddler? IME, kids will just jam anything in their mouth, and can and will burn themselves. So as an adult, you check those things.

And what mother as your toddler is screaming is taking pictures and videos/audio rather than trying to comfort the kid?

I don't think I've ever had a scar from a second degree burn, or if so, then definitely not one that lasted 4 years. But maybe the skin on a 4yo is different.

I think this was a BS scam.

Lawyers for the family of Olivia Caraballo, who was 4 when she was burned in 2019, were seeking $15 million in damages. Jurors reached their verdict after deliberating for less than two hours on Wednesday, the South Florida SunSentinel reported.

The jury's verdict form allotted $400,000 in damages for the past four years, and another $400,000 for the future from the McDonald's USA and its franchise operator, Upchurch Foods. A separate jury decided in May that the company and franchise owner were liable for the injury, which occurred outside a McDonald's in Tamarac, near Fort Lauderdale.

Lawyers for McDonald's argued that the child's discomfort ended when the wound healed, which they said took about three weeks. They contended that the girl's mother is the one who has the problem with the scar, and told jurors that $156,000 should cover damages, both past and future.

“She’s still going to McDonalds, she still asks to go to McDonald’s, she’s still driving through the drive-thru with her mom, getting chicken nuggets,” defense attorney Jennifer Miller said in her closing argument Wednesday. “She’s not bothered by the injury. This is all the mom.”

Holmes testified that she had purchased Happy Meals for her son and daughter, who was sitting in the back seat, and was driving away when the nugget fell on the child's leg. She said that the girl screamed in pain, and when she pulled over in a parking lot, she realized the nugget was lodged between Oliva's thigh and the seat belt.

The mother testified that at no point did McDonald's warn her the food might be unusually hot. The company testified they follow food safety rules, which require McNuggets to be hot enough to avoid salmonella poisoning, and that what happens with the food once it leaves the drive-thru window is beyond their control.

While both sides agreed during the trial in May that the nugget caused the burns, the family’s lawyers argued the temperature was above 200 degrees (93 Celsius), while the defense said it was no more than 160 degrees (71 Celsius).

Photos the mother took of the burn and sound clips of the child's screams were played in court.

[Seahawk]

My son is an attorney in Virginia. He does criminal defense and his firm represents three large, nation-wide insurance companies in a portion of the State.

Turns out the large companies prefer to retain local council on many matters.

His insurance fraud stories are amazing, especially if it goes to court.

[GH85Carrera]

One of my good friends worked for a large tech company in the HR department, handling the workers comp claims. He had one guy show up in court with two crutches, really struggling to walk at all, and claiming horrible back pain and claiming total disability. The trial started the attorney showed a several minute long clip of the guy water skiing and even going over jumps just the week before.

They did deny the claim, but refused to prosecute him for fraud. He had endless stories like that. They said a few private detectives were way cheaper than paying the crazy fraud claims.

[stomachmonkey]

McNuggets are deep fried.

Deep fryers run between 250-350 degrees.

If an employee scooped a fresh batch of nuggets and just tossed them into the box without letting it drain and cool that could certainly result in a 3rd degree burn almost instantly.

It only takes 5 seconds of contact at 140 degrees to get a 3rd degree burn.

If it was wet with oil the oil would have stayed on the skin even if the nugget immediately bounced off.

"If" thats what happened then yes McD's was negligent and liable.

$800k may be a bit excessive and I would not be surprised if it gets reduced.

But when it comes to suits involving females and children the payouts get big, especially since it's a female child.

My wife, at the time fiance, was out talking a walk in her neighborhood, two GSD's escaped a neighbors yard, ran up behind her (she had headphones on, didn't hear them coming) and one of them bit her on the upper thigh. She still has a scar from it 30+ years later and while an avid dog lover won't get within 10 ft of a GSD so there's a little PTSD there as well.

We got a lawyer which I think was right. First meeting with Ins companies counsel he told her "wear a skirt". She sat outside the conference room, at some point he asked her to come in, turn around slowly, then she could leave.

Something about a 25 yr old attractive young woman with a visible scar makes Insurance companies settle real fast and generously to boot.

She took the offer as it was fair.

[stomachmonkey]

Originally Posted by masraum

But what parent doesn't check the temp of food before handing it to their toddler? IME, kids will just jam anything in their mouth, and can and will burn themselves. So as an adult, you check those things.

I don't disagree but it doesn't absolve McD of liability if they served a product outside their standards for food temp.

But, yes, you check these things because others may be negligent and not even maliciously so but the location could have been swamped and someone had a brain fart.

I can envision circumstances that might make even normally diligent parents lose focus.

Drive thru lines can induce a bit of anxiety in people. There is an expectation that you will conduct the transaction with some urgency, like, you paid, got your order, time for you to GTFO of the way as there is a line of cars behind you. Toss in a possibly hungry cranky coupla kids and I can see this happening a parent missing the check.

[masraum]

Originally Posted by stomachmonkey

McNuggets are deep fried.

Deep fryers run between 250-350 degrees.

MANY years ago, I worked at a Popeye's chicken joint. I think our deep fryers topped out at 375º (I think that was for the fries) and then the chicken cooking deep fryers were lower, 325º or 275º, maybe.

If an employee scooped a fresh batch of nuggets and just tossed them into the box without letting it drain and cool that could certainly result in a 3rd degree burn almost instantly.

Agreed

It only takes 5 seconds of contact at 140 degrees to get a 3rd degree burn.

5 seconds of 140º will give you 1st degree burns, or maybe 2nd degree, but I don't think it'll give you 3rd degree burns at that temp.

If it was wet with oil the oil would have stayed on the skin even if the nugget immediately bounced off.

"If" thats what happened then yes McD's was negligent and liable.

$800k may be a bit excessive and I would not be surprised if it gets reduced.

But when it comes to suits involving females and children the payouts get big, especially since it's a female child.

I think the family was asking for $15 million, but only got 800k.

[masraum]

Originally Posted by stomachmonkey

I don't disagree but it doesn't absolve McD of liability if they served a product outside their standards for food temp.

But, yes, you check these things because others may be negligent and not even maliciously so but the location could have been swamped and someone had a brain fart.

I can envision circumstances that might make even normally diligent parents lose focus.

Drive thru lines can induce a bit of anxiety in people. There is an expectation that you will conduct the transaction with some urgency, like, you paid, got your order, time for you to GTFO of the way as there is a line of cars behind you. Toss in a possibly hungry cranky coupla kids and I can see this happening a parent missing the check.

Agreed. It's entirely plausible. I guess I'm just cynical, as I think it's unlikely and far more likely that it's a money grab by the parents. I'm open to the possibility, and I didn't see any of the evidence or get the full story.

[stomachmonkey]

Originally Posted by masraum

5 seconds of 140º will give you 1st degree burns, or maybe 2nd degree, but I don't think it'll give you 3rd degree burns at that temp.

Degree of burn is a factor of temp and time of contact / exposure.

You can get a 3rd from something thats 115 degrees. It'll take hours of contact but it's possible.

The degree of a burn is how deep into the tissue it goes.

3rd is full thickness, all 3 layers, Epidermis, Dermis, Subcu fat.

140 at 1 second won't give you a 3rd but at 5 seconds of contact it will.

[stevej37]

from the linked story....


FORT LAUDERDALE, Fla. (AP) — A South Florida jury awarded $800,000 in damages to a little girl who received second-degree burns when a hot Chicken McNugget fell on her leg as her mother pulled away from the drive-thru of a McDonald's restaurant.

[GH85Carrera]

So her mom drops a hunk of chicken on her daughter's lap, and sues for millions but only gets 800K. I wonder how much the lawyers took out of that? Did McDonald's not put it all in a bag? If the mom took the nuggets out of the bag and dropped it on the daughter, why is she not the culprit?

Only in America!

[masraum]

Originally Posted by GH85Carrera

So her mom drops a hunk of chicken on her daughter's lap, and sues for millions but only gets 800K. I wonder how much the lawyers took out of that? Did McDonald's not put it all in a bag? If the mom took the nuggets out of the bag and dropped it on the daughter, why is she not the culprit?

Only in America!

Probably more likely the mother handed the daughter the nugget, and the daughter dropped it or the mother handed the kids the box of nuggets and the daughter dropped it. My guess is that the mom didn't put the nugget into the kid's lap. A 4yo is perfectly capable and likely to want to grab a nugget, but it also wouldn't be surprising for a 4yo to drop what they were holding. My experience is fairly recent since we spend a lot of time with our grandsons that are 7 and 4.

[masraum]

Originally Posted by stomachmonkey

Degree of burn is a factor of temp and time of contact / exposure.

You can get a 3rd from something thats 115 degrees. It'll take hours of contact but it's possible.

The degree of a burn is how deep into the tissue it goes.

3rd is full thickness, all 3 layers, Epidermis, Dermis, Subcu fat.

140 at 1 second won't give you a 3rd but at 5 seconds of contact it will.

When I was 16, I worked at a Popeye's Fried Chicken. When I washed dishes, I used the hottest water that I could stand. I'd fill a sink with water full hot. It was usually about 135º. On the occasion that I got it up to 140º, that would be a little too hot, but I never had more than red skin that would be fine in an hour or two. And I spent a lot of time up to my elbows in that water.

I'm sure that would be far worse for a 4yo, but I wouldn't expect more that 2nd degree burns, max.

[stomachmonkey]

Originally Posted by masraum

When I was 16, I worked at a Popeye's Fried Chicken. When I washed dishes, I used the hottest water that I could stand. I'd fill a sink with water full hot. It was usually about 135º. On the occasion that I got it up to 140º, that would be a little too hot, but I never had more than red skin that would be fine in an hour or two. And I spent a lot of time up to my elbows in that water.

I'm sure that would be far worse for a 4yo, but I wouldn't expect more that 2nd degree burns, max.

https://www.cpsc.gov/s3fs-public/5098-Tap-Water-Scalds.pdf

[masraum]

Originally Posted by stomachmonkey

https://www.cpsc.gov/s3fs-public/5098-Tap-Water-Scalds.pdf

Weird. That has not been my experience.

Most adults will suffer third-degree burns if exposed to 150 degree water for two seconds.
Burns will also occur with a six-second exposure to 140 degree water or with a thirty second exposure to 130 degree water. Even if the temperature is 120 degrees, a five minute exposure could result in third-degree burns.

[svandamme]

Originally Posted by stomachmonkey

McNuggets are deep fried.

Deep fryers run between 250-350 degrees.

If an employee scooped a fresh batch of nuggets and just tossed them into the box without letting it drain and cool that could certainly result in a 3rd degree burn almost instantly.

It only takes 5 seconds of contact at 140 degrees to get a 3rd degree burn.

If it was wet with oil the oil would have stayed on the skin even if the nugget immediately bounced off.

"If" thats what happened then yes McD's was negligent and liable.

$800k may be a bit excessive and I would not be surprised if it gets reduced.

But when it comes to suits involving females and children the payouts get big, especially since it's a female child.

My wife, at the time fiance, was out talking a walk in her neighborhood, two GSD's escaped a neighbors yard, ran up behind her (she had headphones on, didn't hear them coming) and one of them bit her on the upper thigh. She still has a scar from it 30+ years later and while an avid dog lover won't get within 10 ft of a GSD so there's a little PTSD there as well.

We got a lawyer which I think was right. First meeting with Ins companies counsel he told her "wear a skirt". She sat outside the conference room, at some point he asked her to come in, turn around slowly, then she could leave.

Something about a 25 yr old attractive young woman with a visible scar makes Insurance companies settle real fast and generously to boot.

She took the offer as it was fair.

I grew up in a fry shop.. I'm calling BS on the story.
I've had my hand IN the fat fryer while it was on..
I've regularly picked up stuff from the basket with my bare hands.

The time that nugget went from the fryer, in the kitchen, in the drain box, in the carboard box, to the window, in the bag... handed over TO the driver
then handed over to the toddler.

Sorry.. you don't get 3rd degree burns, those high temps are long gone.

[stevej37]

^^^ per the article....the lawsuit was for a second degree burn.

[svandamme]

I was replying to :

Originally Posted by stomachmonkey

McNuggets are deep fried.

Deep fryers run between 250-350 degrees.

If an employee scooped a fresh batch of nuggets and just tossed them into the box without letting it drain and cool that could certainly result in a 3rd degree burn almost instantly.