Farmer and Kerry Group reach settlement in 'superpigs' case
The case was taken by Denis O'Riordan, 59, from Coachford, Co Cork, who sought substantial damages for income lost as a result of purchasing 426 breeding pigs from Kerry Agri-Business, a subsidiary of the Kerry Group. The plaintiff, who runs Westview Pig Farm Ltd, also sued the Tralee-based pig process and bacon curing company Henry Denny and Son Ltd, which is also a Kerry group subsidiary.
Evidence was given that Mr O'Riordan had been told by the Kerry Group that the animals were of a "superpig" quality, producing meat of mythical standards, at a meeting in Bandon attended by a number of other producers. A brochure from the Swedish company Scan was shown at the meeting, referring to the benefits of purchasing such a breeding herd.
However, after Mr O'Riordan purchasing the herd in 1993, it transpired the meat was not as lean as predicted, the litters were also down on projected numbers and the sows' legs were too weak to support their torsos.
They were unable to stand on their feet and had to walk on their heels. In addition, bonhams could not be fed properly because of the sows' feet problems.
It was claimed the Kerry Group it had tried to convey the impression they were the best pigs in the world. But at the time, in April 1993, they had been in contact with the producers of the pigs complaining about serious genetic defects and leg problems some weeks before selling more of the animals to Mr O'Riordan.
About two years after purchasing the herd Mr O'Riordan had to have it destroyed.
As a result of this, Mr O'Riordan was under considerable financial pressure to meet demands of over £300,000 and had to mortgage two houses and sell off part of his land.
Because of the debacle the plaintiff was also compelled to destock and restock twice within a period of a few years, which the court was told was a major financial disaster for any pig farmer.
When the second day of the case resumed yesterday Dermot Gleeson SC, for the plaintiff, said that the case had been settled and could be adjourned for mention until December 5, when certain steps would be taken. It had been expected the case would continue for about a month.
Mr Justice Thomas Smyth said the economics were all in favour of a settlement and the agreed terms were better than an imposed decision. Mr O'Riordan said he did not wish to comment on the outcome of the case.
