Day 087 - 10 Feb 95 - Page 56
1 dealt with the food poisoning matters. The one outstanding
2 matter that I think there is on cooking times -- we are
3 talking about specific food poisoning incidents here -- was
4 that we were applying for the reason that the cooking times
5 were increased before Preston also, because that would
6 clearly be relevant in terms of possibly, in our
7 submission, an even worse situation in terms of risk prior
8 to that increase. So, relevant documents for that.
9
10 I think Helen dealt with the other Preston and Oregon
11 matter. I am not 100 per cent clear on what the position
12 is with documents that the Plaintiffs are seeking from
13 McKey's, but the documents that Professor Jackson saw at
14 McKey's and Richard North should have had access to, or it
15 would have benefited the court if he had had access to.
16 I do not mean every document or thousands of documents, but
17 some substantial document, whether it is one page or 20
18 pages. The point is it is the content that is important
19 rather than the number of pages, and finished product
20 testing and the general day's laboratory -- sorry, it is
21 really -- I think Mr. Jackson said something to the effect
22 of, or Mr. Walker said something to the effect that the day
23 of the visit of Mr. North was a typical day's testing and
24 that maybe it was what Mr. Jackson had said that he saw a
25 typical day's document in the laboratory. He indicated it
26 was a few pages, a summary of the tests that had been done.
27
28
29 So, what we would apply for would be the documents that
30 would be available in the laboratory as summaries of the
31 day's testing on the day which he visited, or, indeed,
32 Mr. North visited, or the nearest day to that, which would
33 include the preproduct testing and the finished product
34 testing.
35
36 I am not personally concerned about whether 13,000 patties
37 were destroyed or not destroyed. I think the important
38 thing is whether the finished product testing is being done
39 and accurately recorded.
40
41 Moving on, the accidents statistics, I will not say any
42 more about the visits to McKey and Sun Valley; we have made
43 our application on that and obviously we want the documents
44 which we have sought. As far as Mr. Clark's documents he
45 saw, we obviously do not want all the training documents,
46 nor the standard material.
47
48 MR. JUSTICE BELL: What particular documents which he saw are
49 they which you have got in mind?
50
51 MS. STEEL: I think he saw things like records of the customer
52 complaints about foreign objects and things like that. He
53 did list them, and while we are on ----
54
55 MR. JUSTICE BELL: Who listed them?
56
57 MS. STEEL: Mr. Clark did list them in his statement. While we
58 are on this particular witness, Mr. Rampton said that you
59 had considered this subject. As I recall it, when this was
60 considered (this was before we were aware we could apply
