Day 295 - 06 Nov 96 - Page 08


     
     1        of that whose complaints might actually be taken seriously
     2        and end up, for example, with a form being filled out.
     3
     4        So it could be 5 percent of 5 percent of 5 percent, or it
     5        could be 10 percent of 10 percent of 10 percent.  So if we
     6        have three complaints, three forms filled out per year per
     7        store, that might indicate, if you increase it by a
     8        factororial of 10 three times over, 10 times 10 times 10,
     9        to allow for the obvious under-reporting, that could be
    10        magnified by a thousand, in terms of the reality of the
    11        receipt of undercooked food.
    12
    13        So if there are something like 2,000 complaints a year or
    14        whatever, we would say that the reality is that 200,000
    15        customers may have received -- sorry, two million customer
    16        visits could have resulted in undercooked burgers.  It
    17        might indeed be far more, especially when you consider
    18        take-out.  Half the business is take-out and people are
    19        very unlikely to go back having disappeared with their
    20        food.
    21
    22   MR. JUSTICE BELL:   I had already made a note about that
    23        myself.  I must say at the moment, if it is eat-in, I can
    24        see some people might not complain if it was a beefburger
    25        which was undercooked because some people actually quite
    26        like them; it may not be good for them, but they might like
    27        them not very well cooked.
    28
    29        Undercooked chicken is virtually inedible.  I mean, it is
    30        an unpleasant taste as opposed to a not very good one.  So
    31        one might expect most people eating in would complain if
    32        their chicken was not cooked properly.
    33
    34        You have the point, of course, that even if they complain
    35        what happens; it is replaced, of course there is bound to
    36        be another one just waiting anyway, and I very much take
    37        that point into account.  But there we are, anyway.
    38
    39   MR. MORRIS:   Yes.  So, carrying on through this document, I am
    40        not picking out only the things I think are significant; I
    41        am picking out things ----
    42
    43   MR. JUSTICE BELL:   No, I am going to read every word of this.
    44        Do not concern yourself about that.  If I may say so, this
    45        is very helpful.
    46
    47   MR. MORRIS:   Right.  You know, I think actually it is helpful,
    48        but it is very much a core in itself, because they have
    49        only picked out five or six references for a whole witness
    50        or something, but it is helpful, it is saving me having to
    51        do that job, which I would not have been able to have
    52        done.
    53
    54        The bacterial contamination tests at McKeys, which are
    55        first referred to on page 39.  I think it is possibly out
    56        of place, that page, because he seemed to start in full
    57        flow, David Walker, on page 42.  Nevertheless, David Walker
    58        deals mainly with the issue of microbiological testing, or
    59        that is one of the things he deals with.
    60

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