Diner at Elsternwick McDonald’s served broken glass in his fries had to undergo surgery
It’s the last thing you’d ever want to find while munching on some late-night Macca’s. And it led to horrific pain, vomiting and a man’s collapse before another shock discovery.
Inner South
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A man who ate fries contaminated with broken glass from Elsternwick McDonald’s ended up in hospital having surgery to remove parts of a heat lamp from his stomach.
Diner Christopher Peni had ordered a large meal with fries and drinks at the Nepean Highway store about midnight on January 31 last year.
When munching on some hot chips he felt a sharp pain in his mouth and spat out a 25mm by 5mm jagged glass fragment, along with some blood.
He notified staff and noticed an empty heat lamp box near the fries warmer before making an official complaint and taking himself to Sandringham Hospital emergency department.
The next day he reported it to Glen Eira Council and when an inspector visited the restaurant they were told a heat lamp had accidentally smashed over the fries warmer.
Two days later Mr Peni experienced severe abdominal pain and vomiting and he collapsed.
He was taken to The Alfred hospital and a scan revealed he had a 5mm by 5mm piece of tubular glass in his stomach.
He was unable to eat for several days, was in constant pain and suffering severe anxiety.
Four days later after no bowel movements he underwent surgery at Frankston Hospital to remove the glass.
At Moorabbin Magistrates’ Court on Friday morning Elsternwick McDonald’s franchisee Kellyco Group Pty Ltd pleaded guilty to one charge of selling unsafe food.
Glen Eira Council prosecutor Matt Aitken said while he accepted there was no malice intended and it was an accident, food premises can’t afford to make these mistakes.
Kellyco defence lawyer Sebastian Reid said other than this incident the family-owned franchise had a blemish-free record.
He said it was an “isolated, unusual context-specific event” and not like other food company court matters that involved endemic problems in the kitchen.
“The mischief in this case arose when one piece of glass failed to be removed,” Mr Reid said.
“One piece of glass was unfortunately left in the (fries) area.
“Unfortunately there was insufficient cleaning; it is a matter of considerable regret and remorse.”
He said the 24/7 franchise, which serves about 900,000 customers a year and employs 240 staff, was a great contributor to local charities, sporting organisations and health groups.
The court heard Mr Peni and the company had reached a “confidential agreement” regarding the incident.
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Magistrate Therese McCarthy said while she accepted there was an element of accident involved, it nevertheless had a significant impact on Mr Peni.
“The sorry incident involved a poor victim who ingested glass and ended up in hospital and had to have a surgical procedure,” Ms McCarthy said.
She said she accepted the company was of otherwise good character, benefited the community and was remorseful.
Kellyco was placed on a 12-month good behaviour bond and ordered to pay $40,000 to the court fund, as well as council costs of $649.
No conviction was recorded.
The maximum penalty they could have received was a $200,000 fine.