Day 143 - 27 Jun 95 - Page 11

     
     1        the allegation accurate, I will read out 84:  "In the USA
     2        an employee of McDonald's was killed after falling asleep
     3        at the wheel of his car after working all night.  In March
     4        1991, a court declared that McDonald's was liable and
     5        ordered them to pay $400,000 to the injured passenger."
     6        I am not sure if it actually was a passenger or it was the
     7        driver of another car that was injured; you have some
     8        knowledge of this situation?
     9        A.  Yes, I do.  I think this is a -- this arose in Salem,
    10        Oregon, I believe.
    11
    12   Q.   It is true that the driver was a boy called Theurer?
    13        A.  Yes.
    14
    15   Q.   He was an 18 year old high school senior?
    16        A.  That is correct.
    17
    18   MR. JUSTICE BELL:  Remind me how that is spelt?
    19
    20   MR. MORRIS:  T-H-E-U-R-E-R.  (To the witness):  He worked at
         McDonald's?
    22        A.  That is correct.
    23
    24   Q.   Maybe if we can get this document, it might save time --
    25        just this one though.  It is pink XIII, tab 57, behind the
    26        orange papers?
    27        A.  Behind what papers, because I have a matter that says
    28        "Faverty versus McDonald's".
    29
    30   Q.   Yes, it should be at the top right hand corner "Filed March
    31        22, 1995"?
    32        A.  I have TC9001.
    33
    34   MR. RAMPTON:  No, my Lord.  What Mr. Morris is looking for is
    35        what in America they call "the opinion of the judge", I
    36        think, or of the Court of Appeal of Oregon, perhaps -- no,
    37        it is the Court of Appeal of Oregon.  It is the second
    38        document in that tab.  It has a different typescript from
    39        the first document.  It is headed:  "In the Court of
    40        Appeals of the state of Oregon".
         A.  This is a document -----
    42
    43   MR. MORRIS:  In the Court of Appeals?
    44        A.  And it says:  "Filed March 22, 1995".
    45
    46   Q.   Yes.
    47        A.  OK, then I have it.
    48
    49   Q.   If we go to actually the fifth page but it is numbered page
    50        2 of that document? 
    51 
    52   MR. JUSTICE BELL:  How far into the section is it? 
    53
    54   MR. RAMPTON:  My Lord, it is quite a way through.  It is after
    55        page 961 at the bottom of the file stamp.  The judgment in
    56        the Court of Appeal, if that is what it is, has not any
    57        file numberings on it because it was inserted and,
    58        obviously, given its date fairly recently.  If your
    59        Lordship has not got one, I will hand up -----
    60