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£45,000 penalty, after woman dies from food poisoning following pub meal (6 March 2017)

Date: 06/03/2017
Duncan Lewis, Legal News Solicitors, £45,000 penalty, after woman dies from food poisoning following pub meal

Cornwall Council Environmental Health Officers have prosecuted a food company, after an elderly woman died from symptoms of food poisoning after consuming unfit food.

In August 2015, Cornwall Council Environmental Health Officers were informed by the Pathologist for Royal Cornwall Hospital Truro of the death of the elderly woman, who had experienced symptoms of food poisoning, which were a contributory factor to her death.

An investigation by Cornwall Council Public Protection found that Christine Morgan from Camborne had eaten with others at the Clock and Key Public House in Trispen, shortly before the onset of her illness. Another member of the dining party also experienced symptoms, but made a recovery.

The investigation centred in on the public house – and a quantity of lamb was taken for analysis. The meat tested positive for the food poisoning bacterium Clostridium Perfringens.

The same bacterium was also found in stool samples – and the public health laboratory found DNA matches for the bug in all the samples.

The diners had been served a roast lamb dinner and the investigation found that the lamb had been prepared at the weekend by the pub’s manager, Diane Elizabeth Burrow. The meal was served the following Tuesday to the diners, after being reheated in a microwave by an unsupervised member of staff.

An investigation found there were mistakes made in the food handling processes and there were doubts around the adequacy of the cooling of the meat joint and subsequent reheating.

Evidence of documented training was absent for the particular staff member who served the food on the day it was consumed by Ms Morgan and others.

The court was told that the company owning the business – Lake Inns and Leisure – had previously employed the services of a food hygiene consultant, but had failed to act promptly on advice given.

At Truro Crown Court, Lake Inns and Leisure Limited and Diane Burrow both pleaded guilty to serving unfit food – but denied that they failed to ensure it had systems in place for managing food safety, a charge that has been allowed to remain on file.

Lake Inns and Leisure Limited and Diane Elizabeth Burrow were fined £20,000 and £750 respectively – the company was also ordered to pay costs of £23,836.09.

After the hearing, Cornwall Council Senior Environmental Health Officer, Timothy Bage, said:

“This is a tragic case in which a man has lost his wife, a couple have lost their livelihood and the pub company its reputation. I would like to thank the family for their assistance with the investigation at what was a very difficult time for them – and I would like to thank Public Health England for the laboratory and expert support they provided to the council."

“There are key hygiene messages here which encapsulate the failings of the food business operators – we urge food business operators to treat boned and rolled joints differently from whole meat joints. We encourage them to cool quickly and thoroughly, using active cooling techniques – and we want them to reheat the food properly. When our inspectors visit, they are there to help – so listen to the advice that they are providing and act upon it. This was a wholly avoidable death.”


Duncan Lewis Personal Injury Solicitors

Duncan Lewis Personal Injury solicitors can advise those who have fallen ill with food poisoning caused by negligence – including with food poisoning on package holidays – on how to make a no win no fee claim for compensation.

Food poisoning claims have to be made within three years of illness or diagnosis of illness – children can claim compensation for food poisoning up to the age of 21, including claims involving:

  • Amoebic dysentery
  • Campylobacter
  • Clostridium Perfringens
  • Cryptosporidium
  • E.coli
  • Leptospirosis
  • Listeria
  • Salmonella
  • Shigella.

  • For expert legal advice on no win no fee Food Poisoning Claims, call Duncan Lewis personal injury solicitors on 0333 772 0409.

    Call us now on 033 3772 0409 or click here to send online enquiry.
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