McDonald’s found liable for hot Chicken McNugget that burned girl

Philana Holmes and her daughter Olivia Caraballo, 7 listen to the final witness in their case at the Broward County Courthouse in Fort Lauderdale on May 10, 2023. (AP)
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Updated 12 May 2023
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McDonald’s found liable for hot Chicken McNugget that burned girl

  • A second jury will determine how much McDonald's USA and its franchise owner, Upchurch Foods, will pay the child and her mother
  • Thursday's decision was split, with jurors finding the franchise holder liable for negligence and failure to warn customers about the risk of hot food

FORT LAUDERDALE, Florida: McDonald’s and a franchise holder are at fault after a hot Chicken McNugget from a Happy Meal fell on a little girl’s leg and caused second-degree burns, a jury in South Florida found in a case reminiscent of the famous hot coffee lawsuit of the 1990s.
A second jury will determine how much McDonald’s USA and its franchise owner, Upchurch Foods, will pay the child and her mother, the South Florida SunSentinel reported.
Thursday’s decision was split, with jurors finding the franchise holder liable for negligence and failure to warn customers about the risk of hot food, and McDonald’s USA liable for failing to provide instructions for safe handling of the food. McDonald’s USA was not found to be negligent, and the jury dismissed the argument that the product was defective.
“Our sympathies go out to this family for what occurred in this unfortunate incident, as we hold customer safety as one of our highest priorities,” McDonald’s owner-operator Brent Upchurch said in a statement. “We are deeply disappointed with today’s verdict because the facts show that our restaurant in Tamarac, Florida did indeed follow those protocols when cooking and serving this Happy Meal.”
Jurors heard two days of testimony and arguments about the 2019 episode that left the 4-year-old girl with a burned upper thigh.
Philana Holmes testified that she bought Happy Meals for her son and then-4-year-old daughter at a drive-thru window at a McDonald’s in Tamarac, near Fort Lauderdale, the SunSentinel reported. She handed the food to her children, who were in the back seat.
After she drove away, her daughter started screaming. The mother testified she didn’t know what was wrong until she pulled over to help the girl, Olivia Caraballo, who is now 7, the newspaper reported. She saw the burn on the girl’s leg and took photos on her iPhone, which included audio clips of the child’s screams.
The sound of the girl’s screams were played in court. The child, who is autistic, did not testify, the newspaper reported.
Lawyers for McDonald’s noted that the food had to be hot to avoid salmonella poisoning, and that the nuggets were not meant to be pressed between a seat belt and human flesh for more than two minutes.
The girl’s parents sued, saying that McDonald’s and the franchise owner failed to adequately train employees, failed to warn customers about the “dangerous” temperature of the food, and for cooking the food to a much higher temperature than necessary.
While both sides agreed 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).
The case is likely to stoke memories of the McDonald’s coffee lawsuit of the 1990s, which became an urban legend of sorts about seemingly frivolous lawsuits, even though a jury and judge had found it anything but.
A New Mexico jury awarded Stella Liebeck, 81, $2.7 million in punitive damages after she was scalded in 1992 by hot coffee from McDonald’s that spilled onto her lap, burning her legs, groin and buttocks, as she tried to steady the cup with her legs while prying the lid off to add cream outside a drive-thru.
She suffered third-degree burns and spent more than a week in the hospital.
She had initially asked McDonald’s for $20,000 to cover hospital expenses, but the company went to trial. A judge later reduced the $2.7 million award to $480,000, which he said was appropriate for the “willful, wanton, reckless” and “callous” behavior by McDonald’s.


Lawyer says worker accused of helping New Orleans jailbreak was unclogging toilet, not aiding escape

Updated 21 May 2025
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Lawyer says worker accused of helping New Orleans jailbreak was unclogging toilet, not aiding escape

  • Behind the toilet was a hole that 10 men slipped through in Friday’s escape
  • Williams told law enforcement during an interview that an inmate had threatened to “shank” him

NEW ORLEANS: A worker charged with aiding the New Orleans jailbreak by 10 prisoners shut off water to unclog a toilet, not to allow the men to cut the pipe to create an opening for their escape, the employee’s lawyer told The Associated Press on Wednesday.

Sterling Williams, a 33-year-old maintenance worker at the jail, was arrested Tuesday in connection with the jailbreak.

Authorities previously said that Williams had been instructed by one of the inmates to turn off the water to a toilet. Behind the toilet was a hole that 10 men slipped through in Friday’s escape.

“It would seem obvious to me that filling up the toilet, clogging the toilet, was a portion of the escapee’s plan,” attorney Michael Kennedy said. “They would know that whoever the maintenance person was would have to turn off the water ... because it was overflowing into the tier.”

Williams told law enforcement during an interview that an inmate had threatened to “shank” him if he did not turn off the water, authorities said.

Williams had plenty of opportunity to not only report the threat but also the escape plan, authorities said. They asserted that because Williams turned the water off, the inmates were “able to successfully make good” on their escape. 


NASA’s Mars Perseverance snaps a selfie as a Martian dust devil blows by

Updated 21 May 2025
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NASA’s Mars Perseverance snaps a selfie as a Martian dust devil blows by

  • The picture marks 1,500 sols or Martian days for Perseverance

CAPE CANAVERAL, Florida: The latest selfie by NASA’s Perseverance rover at Mars has captured an unexpected guest: a Martian dust devil.
Resembling a small pale puff, the twirling dust devil popped up 3 miles (5 kilometers) behind the rover during this month’s photo shoot. Released Wednesday, the selfie is a composite of 59 images taken by the camera on the end of the rover’s robotic arm, according to NASA.
It took an hour to perform all the arm movements necessary to gather the images, “but it’s worth it,” said Megan Wu, an imaging scientist from Malin Space Science Systems, which built the camera.
“Having the dust devil in the background makes it a classic,” Wu said in a statement.
The picture — which also shows the rover’s latest sample borehole on the surface — marks 1,500 sols or Martian days for Perseverance. That’s equivalent to 1,541 days on Earth.
Perseverance is covered with red dust, the result of drilling into dozens of rocks. Launched in 2020, it’s collecting samples for eventual return to Earth from Jezero Crater, an ancient lakebed and river delta that could hold clues of any past microbial life.

 


Polar bear biopsies to shed light on Arctic pollutants

Updated 21 May 2025
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Polar bear biopsies to shed light on Arctic pollutants

  • The expedition came at a time when the Arctic region was warming at four times the global average

NORWAY: With one foot braced on the helicopter’s landing skid, a veterinarian lifted his air rifle, took aim and fired a tranquilizer dart at a polar bear.
The predator bolted but soon slumped into the snowdrifts, its broad frame motionless beneath the Arctic sky.
The dramatic pursuit formed part of a pioneering research mission in Norway’s Svalbard archipelago, where scientists, for the first time, took fat tissue biopsies from polar bears to study the impact of pollutants on their health.
The expedition came at a time when the Arctic region was warming at four times the global average, putting mounting pressure on the iconic predators as their sea-ice habitat shrank.
“The idea is to show as accurately as possible how the bears live in the wild — but in a lab,” Laura Pirard, a Belgian toxicologist, told AFP.
“To do this, we take their (fatty) tissue, cut it in very thin slices and expose it to the stresses they face, in other words pollutants and stress hormones,” said Pirard, who developed the method.
Moments after the bear collapsed, the chopper circled back and landed. Researchers spilled out, boots crunching on the snow.
One knelt by the bear’s flank, cutting thin strips of fatty tissue. Another drew blood.
Each sample was sealed and labelled before the bear was fitted with a satellite collar.
Scientists said that while the study monitors all the bears, only females were tracked with GPS collars as their necks are smaller than their heads — unlike males, who cannot keep a collar on for more than a few minutes.
For the scientists aboard the Norwegian Polar Institute’s research vessel Kronprins Haakon, these fleeting encounters were the culmination of months of planning and decades of Arctic fieldwork.
In a makeshift lab on the icebreaker, samples remained usable for several days, subjected to controlled doses of pollutants and hormones before being frozen for further analysis back on land.
Each tissue fragment gave Pirard and her colleagues insight into the health of an animal that spent much of its life on sea ice.
Analysis of the fat samples showed that the main pollutants present were per- and polyfluoroalkyl substances (PFAS) — synthetic chemicals used in industry and consumer goods that linger in the environment for decades.
Despite years of exposure, Svalbard’s polar bears showed no signs of emaciation or ill health, according to the team.
The local population has remained stable or even increased slightly, unlike parts of Canada, where the Western Hudson Bay group declined by 27 percent between 2016 and 2021, from 842 to 618 bears, according to a government aerial survey.
Other populations in the Canadian Arctic, including the Southern Beaufort Sea, have also shown long-term declines linked to reduced prey access and longer ice-free seasons.
Scientists estimate there are around 300 polar bears in the Svalbard archipelago and roughly 2,000 in the broader region stretching from the North Pole to the Barents Sea.
The team found no direct link between sea ice loss and higher concentrations of pollutants in Svalbard’s bears. Instead, differences in pollutant levels came down to the bears’ diet.
Two types of bears — sedentary and pelagic — feed on different prey, leading to different chemicals building up in their bodies.
With reduced sea ice, the bears’ diets have already started shifting, researchers said. These behavioral adaptations appeared to help maintain the population’s health.
“They still hunt seals but they also take reindeer (and) eggs. They even eat grass (seaweed), even though that has no energy for them,” Jon Aars, the head of the Svalbard polar bear program, told AFP.
“If they have very little sea ice, they necessarily need to be on land,” he said, adding that they spend “much more time on land than they used to... 20 or 30 years ago.”
This season alone, Aars and his team of marine toxicologists and spatial behavior experts captured 53 bears, fitted 17 satellite collars, and tracked 10 mothers with cubs or yearlings.
“We had a good season,” Aars said.
The team’s innovations go beyond biopsies. Last year, they attached small “health log” cylinders to five females, recording their pulse and temperature.
Combined with GPS data, the devices offer a detailed record of how the bears roam, how they rest and what they endure.
Polar bears were once hunted freely across Svalbard but since an international protection agreement in 1976, the population here has slowly recovered.
The team’s findings may help explain how the bears’ world is changing, and at an alarming rate.
As the light faded and the icebreaker’s engines hummed against the vast silence, the team packed away their tools, leaving the Arctic wilderness to its inhabitants.


Fortnite video game returns to iPhone app store in US, ending exile imposed by Apple

Updated 21 May 2025
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Fortnite video game returns to iPhone app store in US, ending exile imposed by Apple

  • The legal wrangling is all part of a bitter feud that is still boiling

The popular video game Fortnite has returned to the iPhone app store in the US, ending a prolonged exile that was triggered by a legal showdown over the lucrative fees that Apple had been collecting for years through a payment system that it has been forced to change.
Fortnite hailed its app’s long-awaited restoration to the iPhone and iPad in a Tuesday pos t, marking the first time it will be available on those devices since it was ousted in 2020 for trying to avoid the 15 percent to 30 percent commissions that Apple collects on in-app transactions.
The video game featuring a virtual fight on a digital island is coming back to the iPhone just a few days after its parent company, Epic Games, filed a motion asking a federal judge to order its return as part of a civil contempt of court finding issued against Apple late last month.
In a brief statement filed in court late Tuesday, Apple said the dispute that had been keeping Fortnite off its iOS software for the iPhone had been resolved. The Cupertino, California, company didn’t immediately respond to a request for further comment.
The legal wrangling is all part of a bitter feud that is still boiling.
Epic filed a lawsuit alleging Apple had turned its app store into an illegal monopoly — a claim that it lost under a 2021 ruling made by a federal judge after a month-long trial.
Although she decided Apple wasn’t breaking antitrust laws, US District Judge Yvonne Gonzalez Rogers ordered the company to loosen control over in-app payments and allow links to other options that might offer lower prices.
After exhausting an appeal that went all the way to the US Supreme Court, Apple last year introduced a new system that opened the door for links to alternative payment options while still imposing a 27 percent commission on in-app transactions executed outside its own system.
Epic fired back by alleging Apple was thumbing its nose at the legal system, reviving another round of court hearings that lasted nearly a year before Gonzalez Rogers delivered her stinging rebuke that included a ban on collecting any kind of commission on alternative payment options.
That appeared to clear the way for Fortnite’s return to the iPhone and iPad, but Epic last week said the video game was still being blocked by Apple. After Apple contended that keeping Fortnite was still permissible while it pursues an appeal of Gonzalez Rogers’ contempt ruling, Epic forced the issue by asking the judge for another order that would make clear the video game should be allowed back on the iPhone and iPad.
Gonzalez Rogers on Monday asked why Apple was still blocking Fortnite without an order from the appeals court authorizing that action. She scheduled a May 27 hearing in Oakland, California, to hear Epic’s latest motion while noting “Apple is fully capable of resolving this issue without further briefing or a hearing.”


Gazan twins in Cannes warn ‘nothing left’ of homeland

Updated 20 May 2025
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Gazan twins in Cannes warn ‘nothing left’ of homeland

CANNES: Twin Gazan filmmakers Arab and Tarzan Nasser said they never thought the title of their new film “Once Upon A Time In Gaza” would have such heartbreaking resonance.
“Right now there is nothing left of Gaza,” said Tarzan when it premiered on Monday at the Cannes film festival.
Since militants from Palestinian group Hamas attacked Israel on October 7, 2023, more than 18 months of Israeli bombardment has ravaged large swathes of the Palestinian territory and killed tens of thousands of people.
Israel has vowed to “take control of all” the besieged territory of more than two million inhabitants, where United Nations agencies have warned of famine following Israel’s two-month total blockade.
Israel allowed in several aid trucks on Monday but the UN said it was only “a drop in the ocean” of needs.
The Nasser brothers, who left Gaza in 2012, said their new film set in 2007, when Hamas Islamists seized control of the strip, explains the lead-up to today’s catastrophic war.
“Once Upon A Time In Gaza,” which screened in the festival’s Un Certain Regard section, follows friends Yahia and Osama as they try to make a little extra cash by selling drugs stuffed into falafel sandwiches.
Using a manual meat grinder that does not rely on rare electricity, student Yahia blends up fava beans and fresh herbs to make the patty-shaped fritters in the back of Osama’s small run-down eatery, while dreaming of being able to leave the Israeli-blockaded coastal strip.
Charismatic hustler Osama meanwhile visits pharmacy after pharmacy to amass as many pills as he can with stolen prescriptions, pursued by a corrupt cop.


Israel first imposed a blockade on Gaza in June 2006 after militants there took one of its soldiers, and reinforced it in September 2007 several months after Hamas took power.
“The blockade was gradually tightened, tightened until reaching the genocide we see today,” said Tarzan.
“Until today they are counting the calories that enter,” he added.
An Israeli NGO said in 2012 that documents showed Israeli authorities had calculated that 2,279 calories per person per day was deemed sufficient to prevent malnutrition in Gaza.
The defense ministry however claimed it had “never counted calories” when allowing aid in.
Despite all this, Gazans have always shown a love of life and been incredibly resilient, the directors said.
“My father is until now in northern Gaza,” Tarzan said, explaining the family’s two homes had been destroyed.
But before then, “every time a missile hit, damaging a wall or window, he’d fix it up the next day,” he said.
In films, “the last thing I want to do is talk about Israel and what it’s doing,” he added.
“Human beings are more important — who they are, how they’re living and adapting to this really tough reality.”
In their previous films, the Nasser twins followed an elderly fisherman enamoured with his neighbor in the market in “Gaza Mon Amour” and filmed women trapped at the hairdresser’s in their 2015’s “Degrade.”
Like “Once Upon A Time in Gaza,” they were all shot in Jordan.

As the siege takes its toll in “Once Upon A Time In Gaza,” a desolate Yahia is recruited to star in a Hamas propaganda film.
In Gaza, “we don’t have special effects but we do have live bullets,” the producer says in one scene.
Arab said, long before Gazan tap water became salty and US President Donald Trump sparked controversy by saying he wanted to turn their land into the “Riviera of the Middle East,” the coastal strip was a happy place.
“I remember when I was little, Gaza actually was a riviera. It was the most beautiful place. I can still taste the fresh water on my tongue,” he said.
“Now Trump comes up with this great invention that he wants to turn it into a riviera after Israel completely destroyed it?“
Hamas’s October 2023 attack resulted in the deaths of 1,218 people on the Israeli side, mostly civilians, according to an AFP tally based on official figures.
Militants also took 251 hostages, 57 of whom remain in Gaza including 34 the military says are dead.
Israel’s retaliatory offensive has killed 53,486 people in Gaza, mostly civilians, according to Gaza health authorities, whose figures the United Nations deems reliable.
Gaza health authorities said at least 44 people were killed there in the early hours of Tuesday.