A night shift MTR maintenance staff bought two Angus burgers for take-away from Macdonald’s Tsuen Wan, Hong Kong for himself and his colleague at midnight on 8th Sept last year. He had one burger himself and when his colleague was about to eat the other burger, he saw 20-30 maggot-like creatures crawling out from it. He immediately called Food and Environmental Hygiene Department to report the incident and he initiated legal proceedings against Macdonald’s.
The hearing of the case commenced this morning and the defendant, Master franchisee of Macdonald’s, MHK Restaurants Limited was sued for misrepresentation by selling to the Plaintiff a burger which contained 19 maggot-like creatures. The Plaintiff initially thought that the maggots were sesame seeds only to find out later they were maggots. The Plaintiff had stomach problems after eating the burger but he did not seek medical advice.
Plaintiff has submitted expert evidence that that the maggots were new born, and hence, a prima facie case was established. The case has been adjourned to next Monday for summary judgment.