Day 163 - 25 Sep 95 - Page 17

     
     1        City edition of News Day, it says:  "The City Health
     2        Department cited 31 food establishments last week for
     3        health code violations."  Then, presumably, there were 31
     4        different food establishments.  The relevant one is the
     5        McDonald's.  "The Department also conducted final
     6        inspections at these establishments and allowed them to
     7        reopen."   This is a theme throughout the document.
     8
     9   MR. JUSTICE BELL:  Yes.  That is the first mention of
    10        McDonald's, Dyckman Street, is it?
    11
    12   MR. MORRIS:  Yes.
    13
    14   MR. JUSTICE BELL:  It is not mentioned in the first paragraph.
    15
    16   MR. MORRIS:  Yes.  Going through the document, what they do is
    17        they obviously do some kind of weekly reports on food
    18        violations which are either that a company was cited for
    19        food violation, or it was allowed to reopen having been
    20        cited the week before or whenever.
    21
    22   MR. JUSTICE BELL:  Let us suppose that is right for the moment,
    23        but where do you get your closed for violations, mouse
    24        droppings, and things like that?
    25
    26   MR. MORRIS:  Yes, sorry.  If we look at page 4, in fact it is
    27        page 4 of the fax, in the top right-hand corner also, we
    28        have:  "McDonald's, Dyckman Street, mouse droppings, boxes
    29        on floor, doors not flushed with floor, inadequate".
    30        Something, which I put down as "and other matters".
    31
    32   MR. JUSTICE BELL:  I cannot see anything after "inadequate".
    33
    34   MR. MORRIS:  Yes, that is right, because the printout that I got
    35        did not contain anything further, but what I have done in
    36        the pleading is just put "and other matters" which the
    37        Plaintiffs, of course, would know about.  That was printed
    38        in the New York Times, if you look on the previous page,
    39        January 17th, 1988.
    40
    MR. JUSTICE BELL:  You accept that the Neill LJ test is the one
    42        which applies, the one which I applied to Brazilian beef
    43        when you wanted to amend about that, do you?
    44
    45   MR. MORRIS:  That we have a reasonable belief that these are
    46        true, yes.
    47
    48   MR. JUSTICE BELL:  No.  You believe them to be true and that you
    49        have reasonable evidence to support them or reasonable
    50        grounds for supposing that sufficient evidence to prove 
    51        them is available or will become so. 
    52 
    53   MR. MORRIS:  Yes.  The Plaintiffs will know the truth of these
    54        or not; it is a simple matter.
    55
    56   MR. JUSTICE BELL:  Tell me what your evidence is.  I am not
    57        challenging you.  I am just trying to encourage you to
    58        develop your argument.
    59
    60   MR. MORRIS:  I believe that any responsible company, if they