Villana Holmes told a court in Broward County, Florida, that she was driving from a McDonald’s restaurant after delivering a food order, before hearing her daughter’s cry in the back seat.
When she stopped, she found a “very hot” piece of chicken that had been on the baby’s skin for about two minutes.
Holmes and the girl’s father, Humberto Caraballo Estevez, are seeking $15,000 in compensation, on the grounds that the restaurant served a piece of chicken that was “defective, harmful and unfit for human handling”, due to its high temperature.
According to the lawsuit, Holmes went to McDonald’s and ordered, among other things, a six-piece Happy Meal Chicken McNuggets for her 4-year-old daughter, Olivia Holmes.
“A piece of chicken inside this meal was excessively hot and dangerous, and it burned Olivia Holmes’ skin and flesh around her thighs,” the lawsuit states.
Jordan Rediff, a representative for the child’s family, told the court on Tuesday that McDonald’s failed to warn of the dangers of the nuggets and acted negligently in serving such a hot nugget.
The lawyer brought with him to court a box of the famous meal “Happy Meal”, and presented it to the judge.
As for the lawyer representing McDonald’s, he pointed out that the burn was caused by the hot part being hit in a way that pinned it between the child’s thigh and the seat belt, and that his stay at the place had resulted in the burning, and not the high temperature of the room.
The trial in the case will continue in the coming weeks.
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