Day 107 - 24 Mar 95 - Page 15


     
     1   MR. MORRIS:  "In January 1991 a number of people suffered food
     2        poisoning after eating burgers from McDonald's in
     3        Friargate, Preston.  Some had severe medical problems
     4        requiring hospitalisation.  McDonald's refused to admit
     5        responsibility, despite a Public Health Laboratory Official
     6        report into the incidents identifying the company, which
     7        concluded that 'the problem may not have been completely
     8        restricted to that single branch or to a single hamburger
     9        chain'.
    10
    11        Survivors of the outbreak only received some compensation
    12        without admission of liability after strenuous and lengthy
    13        efforts".  They further admitted:  "The cause of the food
    14        poisoning outbreak was under-cooking of burgers
    15        contaminated by E.coli 0157: H bacteria.  Following this
    16        incident McDonald's increased their cooking time for beef
    17        patties".
    18
    19   MR. JUSTICE BELL:  Now just listen to me, Mr. Morris and I would
    20        like Ms. Steel to listen to me as well.  As you go through
    21        what you are actually going to put to the witness, what
    22        I suggest is you make a mark so that when you leave court
    23        today you remember it.  You must then consider, if you
    24        think that what you are putting, as a matter of fact, adds
    25        to what you have so far pleaded, that is originally by the
    26        amendment I gave leave for a week or two ago, if you think
    27        it adds to that in some respect, you can ask my leave to
    28        amend to add that allegation.
    29
    30        If I give leave to amend, to add that allegation (and I may
    31        do so) you can see whether that be it additional or just
    32        more specific allegation is admitted by McDonald's.  If you
    33        do that in respect of each matter of fact which is there,
    34        you may not need to call any maker of the report.
    35
    36        If I give you leave to amend to add these matters, and they
    37        are not admitted, then you have to think what evidence you
    38        want to seek to call in relation to those matters of fact.
    39        I am saying that so that you can remember just what it is
    40        that you think you want to get in by evidence and expert
    41        evidence, expert witness's comment on it, in the future.
    42
    43        Put your specific suggestion.  Do try to get some technical
    44        advice on this, because I am not persuaded by the argument
    45        that you have put forward so far but, for all I know, if
    46        you went to a competent solicitor or member of the Bar,
    47        among the people who have helped you, they may well come up
    48        with an argument which I have not thought of in relation to
    49        it.  If you think it is really important, I know you may
    50        not have help on tap all the time -- you told me that you 
    51        do not, that it is sporadic -- I invited you before to try 
    52        to get some help on this and I invite you to again. 
    53
    54   MR. RAMPTON:  My Lord, may I make suggestion -- I hope it is
    55        helpful -- Mr. North will have to come back at some date in
    56        the future to be cross-examined about the pesticides and
    57        other residue questions.  It might be sensible, rather than
    58        Mr. Morris, as it were, seeking now in a way which is going
    59        to spend a lot of time probably getting nowhere, searching
    60        that document for a question to ask, might it not be better

Prev Next Index