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Family awarded $800K in McDonald's hot Chicken McNugget lawsuit Login/Join 
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In the link posted by NOCkid re Olive garden, was this gem. I'm headed to McDonalds to order coffee and chicken mcnuggets.

"Olivia Caraballo, who was 4 years old at the time of the incident, suffered second-degree burns when a nugget fell on her leg.

The jury awarded Olivia $400,000 for past damages and an additional $400,000 for future damages.

Attorneys for Philana Holmes and Humberto Estevez-Caraballo, the child's parents, were seeking $15 million to compensate for the pain and suffering, according to court documents filed in Broward County.

https://wwmt.com/news/nation-w...o-upchurch-foods-inc
 
Posts: 772 | Location: Southeast Tennessee | Registered: September 30, 2008Reply With QuoteReport This Post
paradox in a box
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Crazy amount of money. But you'd think Mickey D's would have learned about burning hot food from that coffee case years ago.




These go to eleven.
 
Posts: 12436 | Location: Westminster, MA | Registered: November 14, 2006Reply With QuoteReport This Post
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I'd pay extra for a burning hot McNugget. Usually they are cold hunks of cardboard.


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Posts: 20099 | Location: Montana | Registered: November 01, 2010Reply With QuoteReport This Post
Frangas non Flectes
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quote:
Originally posted by Gustofer:
I'd pay extra for a burning hot McNugget. Usually they are cold hunks of cardboard.


Gonna be colder now.


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Carthago delenda est
 
Posts: 17125 | Location: Sonoran Desert | Registered: February 10, 2011Reply With QuoteReport This Post
Do the next
right thing
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What McD's has nuggets that hot and where is it so I can visit and actually get nuggets that are hot?
 
Posts: 3660 | Location: Nashville | Registered: July 23, 2012Reply With QuoteReport This Post
Coin Sniper
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Exactly how hot would a chicken nugget have to be to cause 2nd degree burns from a drop contact. How hot was that thing when they put it in the little box? Was it glowing red?




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Posts: 37957 | Location: Above the snow line in Michigan | Registered: May 21, 2004Reply With QuoteReport This Post
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quote:
Originally posted by P220 Smudge:
quote:
Originally posted by Gustofer:
I'd pay extra for a burning hot McNugget. Usually they are cold hunks of cardboard.
Gonna be colder now.
Might as well just serve the f***ing things frozen straight outta the carton. JSMH.....

Just curious how much of that $800k the ambulance-chasing phukktards got for representing Miss Tear Jerker on Cue?? And...AND...how much of the remainder is going to be set aside by Mommy Tear Jerker and put to good use, like education for the "burn victim"????



"If you’re a leader, you lead the way. Not just on the easy ones; you take the tough ones too…” – MAJ Richard D. Winters (1918-2011), E Company, 2nd Battalion, 506th Parachute Infantry Regiment, 101st Airborne

"Woe to those who call evil good, and good evil... Therefore, as tongues of fire lick up straw and as dry grass sinks down in the flames, so their roots will decay and their flowers blow away like dust; for they have rejected the law of the Lord Almighty and spurned the word of the Holy One of Israel." - Isaiah 5:20,24
 
Posts: 11066 | Location: NW Houston | Registered: April 04, 2012Reply With QuoteReport This Post
אַרְיֵה
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Another ghetto lottery winner.
quote:
From the linked article:

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."
Here's the devastated mother:




הרחפת שלי מלאה בצלופחים
 
Posts: 30668 | Location: Central Florida, Orlando area | Registered: January 03, 2010Reply With QuoteReport This Post
Back, and
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WTF is so surprising about hot food? Just like the coffee, this is such BS.
I hope that bitch chokes on it.
 
Posts: 7256 | Location: Dallas | Registered: August 04, 2011Reply With QuoteReport This Post
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The Mom says $156,000 "should cover it" (how in the hell did she come up with that number?). The jury awards $800,000, and the f'ing lawyers asked for $15,000,000? Who's the biggest asshole in this story, huh?

Answer: All of them. Disgusting.

quote:
Originally posted by erj_pilot:
AND...how much of the remainder is going to be set aside by Mommy Tear Jerker and put to good use, like education for the "burn victim"????

I think I sense a new big screen TV coming for Mom, and a good down payment on a new yacht for the lawyer... Roll Eyes Mad
 
Posts: 7267 | Location: Idaho | Registered: February 12, 2007Reply With QuoteReport This Post
quarter MOA visionary
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A flaw in our justice system that automatically wants to correct something by simply taking money from those who have it and give it to them who were hurt.
It doesn't matter if they were at fault as juries will always be biased against a corporation in favor of an individual.
All fueled by greedy lawyers who are none too eager to take their cut.
 
Posts: 22906 | Location: Houston, TX | Registered: June 11, 2006Reply With QuoteReport This Post
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She'll be broke in a year.


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Posts: 5738 | Location: Florida | Registered: March 03, 2009Reply With QuoteReport This Post
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quote:
Originally posted by Expert308:
I think I sense a new big screen TV coming for Mom, and a good down payment on a new yacht for the lawyer... Roll Eyes Mad
THIS!

quote:
Originally posted by Tuckerrnr1:
She'll be broke in a year.
And THIS!!!



"If you’re a leader, you lead the way. Not just on the easy ones; you take the tough ones too…” – MAJ Richard D. Winters (1918-2011), E Company, 2nd Battalion, 506th Parachute Infantry Regiment, 101st Airborne

"Woe to those who call evil good, and good evil... Therefore, as tongues of fire lick up straw and as dry grass sinks down in the flames, so their roots will decay and their flowers blow away like dust; for they have rejected the law of the Lord Almighty and spurned the word of the Holy One of Israel." - Isaiah 5:20,24
 
Posts: 11066 | Location: NW Houston | Registered: April 04, 2012Reply With QuoteReport This Post
Oriental Redneck
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quote:
Originally posted by Tuckerrnr1:
She'll be broke in a year.

A year? How about a month.


Q






 
Posts: 26381 | Location: TEXAS | Registered: September 04, 2008Reply With QuoteReport This Post
אַרְיֵה
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quote:
Originally posted by Expert308:

The Mom says $156,000 "should cover it" (how in the hell did she come up with that number?). The jury awards $800,000, and the f'ing lawyers asked for $15,000,000?
No, not correct. Check the linked article. McDonald's lawyers, not mom, were the ones who said that $156 large should cover it. Mom's lawyers demanded $15 million.
quote:
From the linked article:

Attorneys for Philana Holmes and Humberto Estevez-Caraballo, the child's parents, were seeking $15 million to compensate for the pain and suffering, according to court documents filed in Broward County.
A lot of unanswered questions here. I'm wondering where the child was sitting, in the car. Should a four year old be in a child seat? Shouldn't she be in the back? Did the mother hand the hot nuggets to the child? How did the nugget get between the child's leg and the seat belt? Clearly, we don't have all the facts, but it sounds to me like mom screwed the pooch and is trying to pass the blame to McDonald's.



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Posts: 30668 | Location: Central Florida, Orlando area | Registered: January 03, 2010Reply With QuoteReport This Post
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Broward County is behind the South Florida "clown curtain." Everything there follows it's own set of left leaning rules.
 
Posts: 712 | Location: FL | Registered: July 30, 2007Reply With QuoteReport This Post
Little ray
of sunshine
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quote:
Originally posted by erj_pilot:
quote:
Originally posted by P220 Smudge:
quote:
Originally posted by Gustofer:
I'd pay extra for a burning hot McNugget. Usually they are cold hunks of cardboard.
Gonna be colder now.
Might as well just serve the f***ing things frozen straight outta the carton. JSMH.....

Just curious how much of that $800k the ambulance-chasing phukktards got for representing Miss Tear Jerker on Cue?? And...AND...how much of the remainder is going to be set aside by Mommy Tear Jerker and put to good use, like education for the "burn victim"????


The lawyers got 30% to 40%. That is the usual deal on contingency cases tried to a jury. This mother can't afford to pay any lawyer their hourly rate and the costs for this (because I can be sure the all-in cost for this case was around $100K, maybe more, depending on what experts were hired), so without contingency fee arrangements, these cases don't get brought. Remember, you don't win all of them, so there is considerable risk in personal injury cases.

You may be surprised to learn that in injury cases that settle, the settlement money for a minor is paid to a trust or a similar fund for the benefit of the minor plaintiff. That is not likely when there is a jury verdict and a straight-up judgment. However, this case may go on to appeal, and a settlement could occur during the appeals process that pays the money to a trust for the child.




The fish is mute, expressionless. The fish doesn't think because the fish knows everything.
 
Posts: 53122 | Location: Texas | Registered: February 10, 2004Reply With QuoteReport This Post
Back, and
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quote:
Originally posted by 12131:
quote:
Originally posted by Tuckerrnr1:
She'll be broke in a year.

A year? How about a month.


Her family (even those she never met) plus a good portion of everyone she ever knew will have their hand out.
 
Posts: 7256 | Location: Dallas | Registered: August 04, 2011Reply With QuoteReport This Post
Savor the limelight
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quote:
Originally posted by jhe888:

You may be surprised to learn that in injury cases that settle, the settlement money for a minor is paid to a trust or a similar fund for the benefit of the minor plaintiff. That is not likely when there is a jury verdict and a straight-up judgment. However, this case may go on to appeal, and a settlement could occur during the appeals process that pays the money to a trust for the child.


Who would be the trustee be or how would that be determined? What kind if fees would the trustee get?
 
Posts: 10938 | Location: SWFL | Registered: October 10, 2007Reply With QuoteReport This Post
Thank you
Very little
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quote:
Originally posted by trapper189:
quote:
Originally posted by jhe888:

You may be surprised to learn that in injury cases that settle, the settlement money for a minor is paid to a trust or a similar fund for the benefit of the minor plaintiff. That is not likely when there is a jury verdict and a straight-up judgment. However, this case may go on to appeal, and a settlement could occur during the appeals process that pays the money to a trust for the child.


Who would be the trustee be or how would that be determined? What kind if fees would the trustee get?


Likely the attorney, or perhaps the mother with some financial restrictions on how much she can take out for the care of the child per year, there will be restrictions and rules on that and annual reconciliation of the financial transactions.

Unless the suit was in the name of the mother AND the child then the mother would get some portion of the funds outside of a trust, child's portion will be for a minor so likely a trust as said before.



Imagine that McD's will appeal the verdict, at that point the trial attorneys for the child will likely look to settle it and not run up any more costs, McDonalds could spend them into oblivion.
 
Posts: 23448 | Location: Florida | Registered: November 07, 2008Reply With QuoteReport This Post
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