Aldi must be named in contaminated food case
A judge has refused an application from retailer Aldi not to be identified in a case where two children fell sick after consuming a contaminated custard yogurt purchased at a store.
At Ennis District Court, Judge Patrick Durcan said: "This is the kind of argument that Mr Volkswagen would love to hear".
He refused the application by Aldi for the firm not to be named in the case.
The court heard Chloe Connors (9) and her sister, Julie Connors (8) fell ill in November 2013 after consuming a pot of custard dessert bought at Aldi's Ennis store.
They were suing Aldi Stores Ireland Ltd and Ldh (La Doria) Ltd.
Solicitor for the two, James Shanahan told the court that Chloe Connors "fell violently ill" after consuming the custard dessert bought at Aldi and vomited three of four times during the night.
He said lab tests of the yogurt detected a mould pellicile in the liquid.
In the case, Judge Durcan approved a joint Personal Injuries Assessment Board (PIAB) pay-out to the two of €4,374 including costs.
Approving the pay-out - made up of €1,500 to each child plus costs - Judge Durcan described the offer as "most generous" and said that the two "were doing very well in the circumstances".
However, Judge Durcan refused an application from counsel for Aldi, Niamh O'Donnabhain BL, not to name the firm in the case.
Ms O'Donnabhain said: "In this case, liability between the first and second named defendant is a live issue and as a result of that, I would plead that there wouldn't be any publication in the matter."
In reply, Judge Durcan said that there is a constitutional imperative that justice be administered in public.