Day 097 - 06 Mar 95 - Page 35
1 legal obligation of reportable accidents, or whether
2 McDonald's is irresponsible in not having any internal
3 system for reporting serious accidents, only dealing with
4 ones which they have to spend -----
5
6 MR. JUSTICE BELL: I can only decide these things on the state
7 of the evidence and information which I have at the time.
8
9 MR. MORRIS: Maybe it would be useful, if McDonald's is
10 responsible and does record serious accidents, then if that
11 is the case, I think they should be expected to give some
12 statistics on those; otherwise, of course, they would not
13 have any system for knowing how many accidents happened in
14 their stores.
15
16 MR. JUSTICE BELL: There you are.
17
18 MR. MORRIS: I will move on. On page 6, it is my understanding,
19 the first paragraph -- I cannot remember now -- yes, 6 and
20 7, that you asked for the typical days microbiological
21 testing result.
22
23 MR. RAMPTON: I do not why Mr. Morris is going through this.
24 Your Lordship has made a direction, or whatever it is. One
25 finds what it is at the top of page 8. That is in hand.
26 That is the third category. The fourth category which is
27 also in hand are the documents which Mr. Clark saw, or
28 similar documents, when he went to the restaurants in
29 Glasgow. That is also in hand.
30
31 MR. MORRIS: Yes, it is just in case, on Professor Jackson's the
32 typical day's microbiological results, at page 7, if they
33 are not available for that day, 12th January, it should be
34 for the nearest possible date.
35
36 MR. RAMPTON: That is the ruling.
37
38 MR. MORRIS: Is it? I am sorry. It just thought it said for
39 that one day.
40
41 MR. RAMPTON: No.
42
43 MR. MORRIS: If the Plaintiffs accept that, that is fine by me.
44
45 MR. JUSTICE BELL: The point is, all I was doing there, in any
46 event, is setting out what your argument might be in
47 relation to it and inviting -- not inviting -- noting that
48 Mr. Rampton wished to enquire further before coming back to
49 it.
50
51 MR. RAMPTON: My Lord, I have done that and it is in hand.
52
53 MR. JUSTICE BELL: Yes. That is what Mr. Rampton is saying.
54
55 MR. MORRIS: OK. On page 9, the first -----
56
57 MR. JUSTICE BELL: Do you see the top of page 8?
58
59 MR. MORRIS: Yes, we return to it for a ruling if we do
60 not -----