The Court of Appeal in Putrajaya today upheld a Sessions Court decision ordering Pizza Hut Restaurants Sdn Bhd to pay RM55,000 in damages to a private college lecturer who fell sick after consuming a plate of spaghetti bolognese which contained a cockroach leg.

Court of Appeal president Md Raus Shariff, chairing a three-member panel, in a unanimous decision, dismissed the company’s application for leave to appeal the Sessions Court’s decision to the Court of Appeal.

Justice Raus, who sat on the panel with Court of Appeal judges Aziah Ali and Anantham Kasinater, also ordered Pizza Hut Restaurants to pay RM3,000 in legal costs.

Justice Anantham said by awarding Goh Sze Ching damages of RM55,000, the Sessions Court was sending a message to fast food outlets to be more hygienic.

Subsequently, Md Raus said: “It is for the good of society.”

On Oct 11 2010, the Shah Alam Sessions Court awarded Goh, 30, a sum of RM5,000 in general damages, RM50,000 in exemplary damages, costs and eight percent interest after ruling that Goh had proved her case that Pizza Hut Restaurants was liable for the incident.

The company failed in its appeal to set aside the Sessions Court’s decision which was dismissed by the Shah Alam High Court on Oct 17 last year.

Outside the court after the verdict, lawyer N Ganesarajah said Pizza Hut had already paid the sum to Goh. Ganesarajah and Khairul Idzwan Kamarudzaman represented Goh.

Goh and her friend had gone to the Pizza Hut outlet in Subang Parade shopping complex in Subang Jaya about 5.30pm on Sept 26, 2007.

In her statement of claim filed in 2009, Goh said she was eating the spaghetti when she found an “object” in the food. After looking at it carefully with her friend, she claimed that the object was a leg of a cockroach.

She said as a result of the incident, Goh claimed she underwent pain and suffering as she vomited and had diarrhoea.

Pizza Hut Restaurants, represented by lawyers S Sharmalah and V Veena, contended that the disputable object in the food was a piece of fried onion.

Earlier, Sharmalah had submitted that Goh should not be awarded exemplary damages, adding that there were inconsistencies in her evidence.

However, Ganesarajah argued that three of Pizza Hut Restaurants representatives confirmed that there was cockroach problem in that outlet before and after the incident.

- Bernama