Day 079 - 27 Jan 95 - Page 17


     
     1   MR. JUSTICE BELL:  You can put it.  The objection is to actually
     2        reading from the document.  So, for instance, you are
     3        perfectly entitled to look at that and -- if this is what
     4        you have in mind -- ask if Mr. Walker knows anything about
     5        outbreaks of illness due to E.coli 0157 in Oregon and/or
     6        Michigan in 1982.
     7
     8   MS. STEEL:  In McDonald's stores?
     9
    10   MR. JUSTICE BELL:  You can ask the question generally, if you
    11        like, and then narrow it to McDonald's if you get a "yes"
    12        answer.  If you get a "no" answer, then I do not know where
    13        we go.  (To the witness):  Take that as being the question,
    14        Mr. Walker.
    15
    16   MS. STEEL:  Were you aware of that?
    17        A.  No.
    18
    19   Q.   You were not.  If that did occur, do you feel that is
    20        something that you ought to have been made aware of?
    21        A.  An outbreak in Oregon and Michigan in 1982?
    22
    23   Q.   In terms of a dangerous organism, E.coli 0157, being found
    24        in burgers, in terms of prevention?
    25        A.  What I think is relevant here is that this is
    26        operations.  I was not aware of these particular outbreaks
    27        which are here in Oregon and Michigan.  All I get involved
    28        with McDonald's and constantly is the hygiene and meat
    29        quality control.
    30
    31   Q.   Right, but if there is no ----
    32        A.  I mean, he goes on in this paragraph about cooking.
    33        That is not my responsibility and it is not, it is not --
    34        it is operations.  It is nothing to do with me.
    35
    36   Q.   Right.  I understand that, but if there is no E.coli 0157
    37        in the meat, then it will not be so dangerous if things are
    38        not cooked very well for whatever reason?
    39        A.  I think that I have said already that E.coli is very
    40        prevalent but it is heat sensitive.
    41
    42   Q.   No, I said E.coli 0157.
    43        A.  All right.  E.coli 0157: H is prevalent but it is heat
    44        sensitive.
    45
    46   Q.   Right, but is it prevalent in patties?
    47
    48   MR. JUSTICE BELL:  Can I just come in there?  The reason
    49        Ms. Steel is raising it is this:  If that was the end of
    50        the story, then one might say you do not have to bother 
    51        about E.coli 0157: H at all.  There is no point in making 
    52        tests of it because you are saying it is heat sensitive and 
    53        we do not have to bother.  You, obviously, do have a
    54        concern about E.coli 0157: H because if you can make sure
    55        that none of the meat leaving your factory has it, then you
    56        can be even more confident that a diner will not suffer
    57        food poisoning as a result because it will not matter if
    58        someone is sloppy in the way they cook the patty.  Do you
    59        understand that?
    60        A.  I understand that, my Lord.

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