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

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