Day 100 - 09 Mar 95 - Page 17

     
     1   MR. JUSTICE BELL:  Put it this way, the PHLS report, the
     2        contents of the PHLS report, it appears do not convince you
     3        that McDonald's were proved to be responsible for that
     4        outbreak?
     5        A.  That is correct, yes.
     6
     7   MR. MORRIS:  I put it to you, Mr. Kenny, that you would not be
     8        convinced of a food poisoning incident that McDonald's were
     9        responsible for unless somebody had dropped down dead in
    10        front of you as they ate their burger.
    11
    12   MR. JUSTICE BELL:  That would not convince me either.
    13        A.  It would not convince me actually.
    14
    15   MR. JUSTICE BELL:  Because it clearly would not be the
    16        responsibility of the burger, would it?
    17
    18   MR. RAMPTON:  Poisoned by one of the Defendants ---
    19
    20   THE WITNESS:  Rather a long incubation period for food
         poisoning.
    22
    23   MR. RAMPTON:  -- that is the only way that could happen.
    24
    25   MR. MORRIS:  Or they could choke to death.
    26
    27   MR. JUSTICE BELL:  What Mr. Morris is saying is nothing would
    28        persuade you that McDonald's would be responsible?
    29
    30   MR. MORRIS:  In the real world you said proof does not happen --
    31        you said, well, I think we can draw our own conclusions
    32        from it.
    33
    34   MR. JUSTICE BELL:  You have put it.
    35
    36   MS. STEEL:   Serious complaints would be investigated by the
    37        company, would they?
    38        A.  Yes.
    39
    40   Q.   If it was alleged that somebody had died as a result of
         eating a McDonald's burger, that would be investigated?
    42        A.  I am sure it would, yes.
    43
    44   Q.   You would know about that, would you?
    45        A.  Yes, I would expect to know about that.
    46
    47   Q.   But you have not heard about Wing Commander Derek Simmonds
    48        in Knuttsford, the incident in Knuttsford?
    49        A.  When was that, sorry?
    50 
    51   Q.   In 1991? 
    52        A.  I have never heard of it. 
    53
    54   Q.   If you could get pink volume VIIIB, please?  Turn to
    55        tab 19, please, can you just read that?
    56        A.  OK.
    57
    58   Q.   This is a letter from some solicitors in May 1993.  It says
    59        that the cause of death of Wing Commander Derek Simmonds
    60        was acute Staphylococcal, yes?