Day 007 - 06 Jul 94 - Page 84


     
     1   MR. JUSTICE BELL:  Give me an example which you think you
              can  -----
     2
         MR. MORRIS:  I want to come back on, for example the leeching
     3        of chemicals into food when styrofoam packaging is used or
              polystyrene packaging is used.
     4
         MR. JUSTICE BELL:  What troubles me about embarking on that is
     5        not that it would not be a matter you could cross-examine
              Mr. Kouchoukos on, but you will have five pen'th of that
     6        today, Mr. Lipsett will come over and explain to you --
              this is no criticism of him -- more clearly or more fully
     7        exactly what he had in mind and what the basis for it
              was.  You would need another five pen'th with
     8        Mr. Kouchoukos after that.  Do you see what I mean?
 
     9   MR. MORRIS:  Yes.  The problem is, if you look at it from the
              other way round, is that Mr. Kouchoukos has made some
    10        assertion and, presumably, has some experience in this.
 
    11   MR. JUSTICE BELL:  Do you know exactly what -- is there a
              positive case you want to put to him, or does that really
    12        rely on Mr. Lipsett's evidence when he comes?
 
    13   MR. MORRIS:  I was going to question Mr. Kouchoukos to see what
              he knows.  He has made some assertions.
    14
         MR. JUSTICE BELL:  That is one point.  Were there others, or is
    15        that one which is particularly concerning you?
 
    16   MR. RAMPTON:  My Lord, whilst we are on that -- I do not know
              whether this is helpful or not -- I think the line of my
    17        questioning was, essentially, this, whether Mr. Kouchoukos
              knew of any scientific evidence or opinion to support what
    18        Mr. Lipsett had written in that paragraph.  To explore
              what he may or may know about the subject would seem
    19        fairly sterile at this stage.
 
    20        If Mr. Lipsett should come to court armed with a whole lot
              of convincing looking scientific evidence, then I would
    21        have to think whether ---
 
    22   MR. JUSTICE BELL:  You would have to reconsider your position
              anyway.
    23
         MR. RAMPTON:  -- I recall him.
    24
         MR. MORRIS:  I do not quite understand the subtleties -- it is
    25        subtleties for me -- on the balance of ------
  
    26   MR. JUSTICE BELL:  Let us just put it.  Do you have any 
              particular expertise or knowledge with regard to the 
    27        leeching of polystyrene into beverages contained in
              polystyrene cups?
    28        A.  No, I do not.
 
    29   MR. MORRIS:  Has McDonald's ever looked into that potential
              problem or asked you to look into that potential problem?
    30        A.  The only thing we do is make sure that the FDA's
              guidelines are followed on how much styrene can remain in

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