Day 100 - 09 Mar 95 - Page 13

     
     1        The other way is if someone does physically have to go to
     2        the doctor and if there are food poisoning organisms
     3        present the doctor will actually take stool samples and
     4        test for them.  That by law is reportable.  The doctor has
     5        to report that to the Public Health Laboratory Service and
     6        via the local Environmental Health Department.  In that
     7        instance, we would be contacted by the Environmental Health
     8        Officer and investigations would proceed from there.
     9
    10   Q.   How many times has that happened?
    11        A.  It happens extremely rarely.  I am trying to think of
    12        any particular instance.  I mean, there has been no
    13        incident that has been diagnosed as food poisoning and then
    14        related to McDonald's food product.  There is not any.
    15
    16   Q.   Apart from Preston, of course?
    17        A.  Well, I understand for the purposes of this case that
    18        has been admitted.
    19
    20   Q.   You feel that you need 150 per cent proof before you will
         accept responsibility?
    22        A.  No, I do not think I said that.
    23
    24   Q.   Do you feel that the McDonald's system is infallible?
    25        A.  No, I did not say that either.  It is an extremely good
    26        system, probably the best around, but it is certainly not
    27        infallible.
    28
    29   Q.   So would you accept that there are going to be customers
    30        who do suffer food poisoning as a result of eating
    31        McDonald's products?
    32        A.  There is always a potential risk of food poisoning with
    33        any food product.  I accept that.
    34
    35   Q.   That would apply to McDonald's as well?
    36        A.  Yes.
    37
    38   Q.   That is particularly so for beef and chicken products,
    39        minced beef and chicken products?
    40        A.  Particularly so for chicken products, I would say.
    41
    42   Q.   How long do you keep records of customer complaints about
    43        food poisoning?
    44
    45   MR. RAMPTON:  My Lord, I have been sitting here quietly
    46        listening to what I have regarded as a wholly illegitimate
    47        cross-examination about customer complaints about food
    48        poisoning.  Your Lordship made a ruling about this on
    49        21st December 1993 describing it then as "an illegitimate
    50        attempt to fish for a defence of justification which did 
    51        not exist".  If this is supposed to lay the ground for an 
    52        application for discovery of the ----- 
    53
    54   MR. JUSTICE BELL:  I am not sure it is at the moment.
    55
    56   MS. STEEL:  No, it is not.
    57
    58   MR. RAMPTON:  So long as it is not; I do not see the purpose of
    59        it in any event.
    60