Although the facts were not being disputed and witnesses testified that Ogborn initially suffered from post-traumatic stress disorder after the horrific event, the company maintained that it was a series of mistakes and poor judgment by the restaurant's manager and her assistants that led to the incident.
Lawyers for McDonald's tried to convince the jury that if the company's employees had taken note of written policies and a voice mail message sent to the franchise, the workers should have realized it was a hoax.
However, manager Lisa Siddons testified that she had forgotten to mention the voice mail message to her assistant managers because it was vaguely worded and she didn't think it was important.
In one of the most explosive moments from the trial, a psychologist hired by McDonald's testified that Ogborn had "grown in some way" from the horrific incident. Forensic psychologist Alan Friedman, who was paid more than $50,000 by the fast food company, acknowledged that Ogden experienced post-traumatic stress, but asserted that she has grown from the experience and is more assertive and self-reliant than she was before the 3½-hour humiliating ordeal.
Friedman reportedly stated that after interviewing Ogborn and performing a number of tests on her, "It's not the ideal way to come to new growth, but some people grow through their trauma."
When Ogborn's co-counsel asked Friedman if he thought the event would affect Ogborn for the rest of her life, he said, "She will never forget it, but it won't psychologically affect her for the rest of her life."
Before closing arguments, the judge told the jury that it may return punitive damages against McDonald's Corp. if it acted "in reckless disregard for the safety, security and well-being of others, including Ogborn."