Firm Behind Di Maggio's Restaurant Fined After Chemical Served

The firm behind the famous Di Maggio's restaurant chain have been fined £30,000 after a manager was served a deadly chemical with his lunch. Michael Prior, 40, ordered sparkling water with his food at the up-market restaurant L'Ariosto on May 17, 2008. But he was accidentally given beer line cleaner - a highly corrosive chemical - causing him serious internal burns and almost killing him. Mr Prior was rushed to hospital where he ended up in intensive care and was ventilated for five days with a number of internal burns. Windows Catering Company, who also own Di Maggios and Amarone, pled guilty at Glasgow Sheriff Court to breaching health and safety legislation between April 30 and May 17, 2008. They admitted failing to assess risks relating to beer line cleaner, failing to ensure safe use and storage of it and failing to provide a safe system of work at the restaurant on Mitchell Street, Glasgow. Fining the company sheriff Alan Miller said it was "fortunate" no one else was injured and said the company took "prompt action". Tony Conetta, co-owner of Windows Catering Ltd, said: "It's been six long years for everyone concerned, especially Michael , and we're all glad the case is finally over. "Michael worked closely with us for 17 years and everyone here has enormous sympathy for him after what he went through. "We've never had any other incidents like this in the 31 years we've been in business." Michael Prior said: "It's great to be able to put this behind me. I'm lucky to have such good friends and workmates, who've given me fantastic support since the accident. "It was a really unfortunate combination of circumstances and I'm glad everyone can now draw a line under it." The court heard Mr Prior was 34-year-old at the time of the incident and had been made manager of L'Ariosto when Windows Catering had taken over the restaurant in April 2008. Procurator fiscal depute Eileen Beadsworth said that after the takeover, a beer line had been installed to allow draught beer. On two occasions, May 3 and 17, 2008, the dangerous chemical used to clean beer lines was borrowed from the nearby restaurant Amarone and carried in San Pellegrino water bottles. Although the beer lines had been installed, no cleaner or equipment for cleaning had been ordered by Mr Prior for L'Ariosto - now known as Barolo Grill. On the first occasion the liquid wasn't used and a waiter, Neil Johnstone, planked the green bottle before later putting it in bin. On the second occasion - the day Mr Prior was injured - the substance was used and the clear bottle was thrown out. The court heard that at the time, no risk assessment was carried out in relation to the use and of the beer lines and cleaning them. On May 17, 2008 Mr Prior had his lunch with a colleague, John Morcombe, and ordered sparkling water which was brought to him with a glass of ice and lemon. The waiter serving him poured some of the liquid from the green bottle into the glass and noticed nothing unusual. Mrs Beadsworth said: "Michael Prior took a sip from the glass and immediately started choking, vomiting and saying 'burning' and 'water'. "John Morcombe shouted Rodger Jean a waiter. Thinking he was choking on the soup, Rodger Jean attempted to perform the Heimlich manoeuvre. "Michael Prior, choking, vomiting and in distress managed to write on a napkin 'not water, beer line cleaner'." He was taken by ambulance to the accident and emergency department of the Royal Infirmary and found to be in acute respiratory distress. The Poisons Bureau were contacted and advised that the sodium hydroxide - a harmful chemical - would not be absorbed in his bloodstream but there would be severe chemical burns to the mouth, upper airway, oesophagus and stomach. Mr Prior was transferred to the Intensive Care Unit where he was ventilated for five days after suffering severe burns. He was in and out of hospital until February 2010, when he had his oesophagus removed and replaced with a piece of stomach. As a result of his injuries he lost more than three stones but has since gradually put on two. He left his employment with Windows Catering Company in December 2013 to move on to another role. Mr Conetta - who was not at the restaurant at the time of the incident - took two empty San Pellegrino bottles to the hospital for medics to see. Environmental health officers took statements and bottles from the bin outside L'Ariosto. Mrs Beadsworth added: "It would appear that the bottle used to take beer line cleaner from Amarone to L'Ariosto on May 3 was he bottle that was given to Mr Prior." Defence advocate Shelagh McCall said the company had a good health and safety record with no warnings or enforcement notices. She said that there was a health and safety policy in place at the time and that food safety was a priority although it was planned that there would be more extensive training. Managing directors Tony Conetta and his cousin Mario Gizzi have expanded the company since the first Di Maggio's restaurant in 1984. The Di Maggio's group started with Mr Gizzi going into business with his uncle Giuseppe 'Joe' Conetta and Tony joined the family business some years later. Over three decades they have opened a host of restaurants in Hamilton, Airdrie and East Kilbride as well as expanding. They also own tapas restaurant Cafe Andaluz and Pinto, the Mexican burrito restaurant.