Day 069 - 19 Dec 94 - Page 17
1 taken."
2
3 Can you help us about this one, Dr. Gomez Gonzalez?
4 A. Yes, I can.
5
6 Q. So far as the Tyson process is concerned, what possibility
7 or probability is there that a piece of chicken could leave
8 their premises in a frozen state with bad bruising and in a
9 condition where, when it is defrosted, it has a very bad
10 smell?
11 A. None.
12
13 Q. No prospect?
14 A. No possibility. The product -- they have their own
15 supply of chicken, so the product will arrive at the plant
16 and will be processed within a day. There is not enough
17 time for the meat to spoil. It is processed within a few
18 hours, once the chicken is dead. It is frozen with what is
19 called an instant quick freezer, which means it is
20 immediately frozen; and that product leaves the plant
21 immediately; we do not store product there. So there is
22 not a chance that it could have left that facility under
23 those conditions.
24
25 In addition to that, any bruised meat does not -- an
26 inspector will condemn that meat. In addition to that, we
27 have our own production people, as well as our quality
28 assurance people, that will ensure that that does not
29 happen.
30
31 Q. What, then, does this history -- assuming it were right;
32 one must not assume that of course -- but assuming it were
33 right, what does it suggest was the stage at which this
34 product became damaged?
35 A. From looking at the information that is provided here,
36 what probably happened is that the consumer thaw out the
37 product and probably refroze it again and damaged the
38 product itself, and then made a claim.
39
40 Q. Is it possible that it could have been unfrozen and
41 bruised, and then refrozen not by Tysons, but by the
42 company to whom Tysons supplied the chicken?
43 A. That is the only option I can think of. The product
44 will not spoil while it is frozen, will not smell when it
45 is frozen. That leaves the only possibility that the
46 consumer abused the product and probably raised the code
47 date, because it probably had been in his freezer for a
48 long, long time.
49
50 MR. JUSTICE BELL: It could either the person who bought it from
51 the store or the store; you are just saying that it must
52 have happened somewhere after leaving Tysons, are you?
53 A. That is correct.
54
55 MR. RAMPTON: Can I ask you a couple of questions about
56 freezing? This plant at Nashville, Arkansas, we saw a
57 moment ago, they have maybe two others in Arkansas. Is
58 Arkansas big chicken country?
59 A. Yes. It is the biggest chicken producing state in the
60 country.
