KFC Twister appeal in Australian settlement sucks

In April 2012, KFC was ordered to pay $8 million damages by a judge who found a young Sydney girl was left severely brain damaged after eating a Twister chicken wrap.

KFC decided to appeal.

On Friday, Justice Clifton Hoeben of the Supreme Court of NSW told Michael Jones, SC, representing the fast food chain, that his appeal submissions “don’t come within a bull’s roar of complying with the rules.”

“I get very little assistance from the written submissions,” Justice Hoeben said, adding there was “hardly any law there”.

“They really read as submissions that should have been or probably were made at trial,” he said.

“They are not in the form of submissions on appeal.”

KFC ordered to pay $8 million for poisoning; will appeal

KFC has been ordered to pay $8 million damages by a judge who found a young Sydney girl was left severely brain damaged after eating a Twister chicken wrap.

AAP reports the family of Monika Samaan (right) successfully sued the fast food giant, claiming the source of her salmonella poisoning was a Twister.

Her father told the NSW Supreme Court he bought the wrap on October 24, 2005, at the KFC outlet at Villawood, in Sydney’s west.

While Monika, her parents and her brother ended up in hospital with salmonella poisoning, the then seven-year-old was left severely brain damaged and is effectively now a quadriplegic.

On Friday, Justice Stephen Rothman ordered KFC to pay $8 million damages plus legal costs.

Last Friday, he found KFC had breached its duty of care to the young girl.
KFC has indicated it will appeal his finding.

In a statement, the family’s lawyer George Vlahakis said, "The compensation ordered is very much needed. KFC have to date been determined that Monika does not receive a cent."

Sydney family’s daughter stricken with Salmonella wins court case against KFC

A Sydney father who claimed his daughter was left severely brain damaged from salmonella poisoning after eating a KFC ‘Twister’ has won a court battle against the fast-food chain.

The family of Monika Samaan brought a multimillion-dollar compensation bid against KFC in the NSW Supreme Court, claiming the then seven-year-old became ill after eating the chicken wrap in Sydney’s west in 2005.

KFC denied the claim but on Friday afternoon Justice Stephen Rothman found in favor of the family in the NSW Supreme Court.

KFC has vowed to appeal the ruling.

In a statement, the restaurant said the case was clearly tragic but they were "deeply disappointed and surprised" by Judge Rothman’s decision.

"We believe the evidence showed KFC did not cause this tragedy and, after reviewing the judgment and seeking further advice from our lawyers, we have decided to appeal Justice Rothman’s decision," KFC Australia’s chief corporate affairs officer Sally Glover said.

"We feel deeply for Monika and the Samaan family, however, we also have a responsibility to defend KFC’s reputation as a provider of safe, high-quality food."

During a four-week trial in 2010, Monika’s father Amanwial Samaan told the court he and his wife Hanna, son Abanou and Monika all fell ill with vomiting and diarrhea after sharing the Twister.

Monika, who was in a coma for six months and in hospital for seven, is effectively now a quadriplegic and severely brain damaged.

She took the NSW Supreme Court action through her father.

KFC’s lawyer, Ian Barker QC, argued there "never was a shared Twister" because there was no sales data to prove the family purchased it.

"You did not tell anyone at the hospital, when you were there between October 27 and 29, that you had shared a KFC Twister that Monday," Mr Barker said in the NSW Supreme Court in July 2010.

"Because there was no direct question at me," Mr Samaan replied.

He also accused Mr Samaan of thinking KFC "might be an easy target."

But the family’s barrister, Anthony Bartley SC, presented evidence about KFC food practices that were "disturbing and unsettling."

"If the store was particularly busy, then even if chicken dropped on the floor… it was on some occasions simply put back into the burger station from where it had fallen," he said.

He told the court Monika, who had been a bright girl, could now feed herself to a limited extent but wears a nappy and goes to a special school.

KFC said it would not comment further on the matter as it is now on appeal.

Sydney KFC sued for $10 million after 7-year-old develops Salmonella and brain damage in 2005

Monika Samaan was seven years old when she collapsed and was rushed to hospital with salmonella poisoning after eating a Twister from the Villawood KFC outlet in Sydney’s south west in October 2005.

She has acquired spastic quadriplegia and a profound intellectual disability.

Today, Monika arrived at the New South Wales Supreme Court in a wheelchair (right) as her just over $10 million lawsuit against KFC got underway.

The family’s lawyer, Anthony Bartley SC, told the court in his opening address that Monika had been an extremely bright and active young girl before her illness.

Bartley said there was little doubt Monika’s illness was caused by salmonella on the chicken she ate, adding, "You will hear unsettling and disturbing practices in the kitchen, including the kitchen KFC operated at its Villawood store.”

To keep up with orders and deliver them with speed to customers, KFC’s "young, enthusiastic" staff would frequently help each other out. But by manning different work stations, the staff could easily have transferred bacteria from raw chicken to the cooked product, he added.