Day 100 - 09 Mar 95 - Page 18


     
     1        A.  Yes.
     2
     3   Q.   The solicitors allege that this was caused as a result of
     4        having eaten a McDonald's burger at 1.00 p.m. on February
     5        1st 1991 at McDonald's outlet in Water Lane, Wilmslow,
     6        Cheshire?
     7        A.  Yes.
     8
     9   Q.   Details are given to assist with McDonald's investigating
    10        this?
    11        A.  Yes.
    12
    13   Q.   Are you not aware of this?
    14        A.  No, the first time I have seen this.
    15
    16   Q.   Never seen it at all?  Does that surprise you?
    17        A.  Well, I am a bit confused.  This letter is dated May
    18        1993.  The complaint is supposed to be February 1991.
    19
    20   MR. JUSTICE BELL:  No, that is when he ate it.  He died, it is
    21        said, three-and-a-half weeks later and then
    22        two-and-a-quarter years later -- it may surprise you, but
    23        it does not surprise me one bit having been involved in the
    24        practice of law for over 30 years -- a solicitor's letter
    25        is written to McDonald's.  It is suggested one way or
    26        another you might be expected to know that a solicitor was
    27        making that suggestion?
    28        A.  Well, there is -- I have never seen it.  There is
    29        nothing personally that I could do to investigate an
    30        incident two-and-a-half years after finding out about it
    31        two-and-a-half years later.  The only possible thing you
    32        could do is search the files -- search the complaints to
    33        see if there was a record.
    34
    35   MS. STEEL:  You could search the computer records to see if
    36        there were any other complaints around that time?
    37        A.  Yes.
    38
    39   Q.   You are not aware of that having happened?
    40        A.  No.
    41
    42   Q.   Had you seen this letter would you have investigated it?
    43        A.  Well, yes.
    44
    45   Q.   So nobody has ever brought anything like that to your
    46        attention?
    47        A.  I have never seen this letter before today.
    48
    49   Q.   You have never heard the incident mentioned?
    50        A.  I heard it yesterday.  You mentioned it yesterday. 
    51 
    52   Q.   Mr. Rampton mentioned it yesterday.  If I put it to you 
    53        that you do not, in fact, investigate all incidents of food
    54        poisoning, what would you say about that?
    55        A.  Can you just repeat that question, please?
    56
    57   MR. JUSTICE BELL:  It is suggested to you that you do not, in
    58        fact, investigate all alleged incidents of food poisoning?
    59        A.  We investigate them to the extent that the complaints
    60        are kept on a computer, and it would be true to say every

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