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ARTICLE · 20 JUNE 2012

Public Liability: KFC loses personal injury case over salmonella

Norton Rose Fulbright Australia
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Update on Samaan bht Samaan v Kentucky Fried Chicken Pty Ltd [2012] NSWSC 381.

AustraliaInsurance
Ganga Narayanan
Ganga Narayanan
Jethro Ellinghaus
Jethro Ellinghaus
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Samaan bht Samaan v Kentucky Fried Chicken Pty Ltd [2012] NSWSC 381

Background

The plaintiff, Monika Samaan (by her tutor Mr Amanwial Gergis ('Emanuel David') Samaan)) sued Kentucky Fried Chicken (KFC) for damages as a result of contracting Salmonella Encephalopathy in 2005. The plaintiff alleged that she ate a chicken "Twister" purchased by her father from KFC's Villawood store and that the Twister contained the Salmonella bacteria that caused her injuries.

The court heard that the plaintiff and her family consumed a number of suspect meals from KFC within the incubation period for Salmonella Encephalopathy over a three day period in October 2005. Every member of the plaintiff's family suffered from Salmonella poisoning and all were hospitalised, however the plaintiff was by far the most seriously affected by the poisoning.

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