McCourt case dropped

2:32pm Tuesday 5th December 2006

A £352,000 damages trial brought against McDonalds Restuarants by a Merseyside man who claimed he contracted salmonella from eating chicken nuggets has been abandoned.

The food poisoning resulted in 45-year-old Gerry Price suffering inflammatory arthritis, known as Reiter's Syndrome, which means he now has trouble walking because of painful ankles and feet.

Mr Price, an electrician, was also a keen rugby player with the Birkenhead Park club but can no longer play or train. In his youth he played with the England under-19 squad.

Liverpool County Court heard that he had never had a day off sick before the illness, which landed him in hospital for a month in October, 1999, and he claims he is unlikely to be able to continue working after he reaches 50.

Mr Price, who used to be a submariner with the Royal Navy, bought the chicken nuggets from the McDonalds restuarant in Grange Road, Birkenhead, and became unwell the next day.

He had given some of the nuggets which he had not eaten to his two dogs and they also were unwell, suffering from diarrhoea.

Three days later, on October 6, he was in so much pain he went to hospital and was given medication for suspected food poisoning but in the early hours of October 9 his GP was called out again and sent him by ambulance to Arrowe Park Hospital.

Mr Price was kept in overnight then discharged but the following day had to return and remained in hospital until November 9, during which time he lost four-and-a-half stone in weight.

It was found that joint pains he began suffering in hospital were caused by Reiter's Syndrome which was allegedly brought on by the salmonella poisoning.

After four months off, he returned to work but had to give up his job and became self-employed because he could not cope with the full time job.

Mr Price, of Elliot Close, New Ferry, Wirral, sued McDonalds claiming they had breached their duty of care because the chicken was allegedly infected with salmonella. McDonalds strenously deny the allegations and on the fourth day of the case after some legal delays the barristers in the trial told the judge that they had agreed that the proceedings should no longer continue and be "stayed".

McDonalds still deny liability and maintain that it was impossible for Mr Price to have contracted salmonella from their food. The lawyers and Mr Price declined to comment after the hearing.