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masraum masraum is online now
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Join Date: Oct 2001
Location: Central TX west of Houston
Posts: 57,127
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.

Quote:
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.
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Old 07-21-2023, 05:35 AM
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