Day 143 - 27 Jun 95 - Page 12

     
     1   MR. JUSTICE BELL:  I have got 961.
     2
     3   MR. RAMPTON:  After that should be ------
     4
     5   MR. JUSTICE BELL:  The next sheet then is RIDDOR statistics.
     6
     7   MR. RAMPTON:  Then I will hand mine up because I think I have a
     8        spare, if I may.
     9
    10   MR. JUSTICE BELL (To the witness):  You have your copy?
    11        A.  I have a sheet that says at the top:  "March 22, 1995,
    12        Faverty versus McDonald's", I have that, my Lord.
    13
    14   MR. JUSTICE BELL:  Thank you.  Can I keep the one you have
    15        handed me, Mr. Rampton?
    16
    17   MR. RAMPTON:  Yes, my Lord, certainly.
    18
    19   MR. MORRIS:  On the page No. 2, which is the fifth page in ---
    20        A.  I have it.
    21
    22   Q.   -- at the bottom of that first paragraph:  "At least two of
    23        its", i.e. McDonald's employees -- I believe that is that
    24        store?
    25        A.  Excuse me, where are you reading from?
    26
    27   Q.   Sorry, it is the last -- I will read the whole line, to be
    28        fair:  "Notwithstanding" -----
    29
    30   MR. JUSTICE BELL:  I have been completely thrown by it being two
    31        sections because I will hand it back, Mr. Rampton, because
    32        that is the very first thing in my tab 57.
    33
    34   MR. RAMPTON:  Your Lordship's are in the wrong chronological
    35        order.
    36
    37   MR. JUSTICE BELL:  Yes.
    38
    39   MR. MORRIS:  So do we have the page No. 2 which is the fifth
    40        page in?  It appears to be the judge's ruling.  Do you
         accept this as the judge's ruling or the majority -----
    42
    43   MR. JUSTICE BELL:  Do not ask him that because whatever
    44        abilities Mr. Stein may have ---
    45
    46   MR. MORRIS:  Yes, I was not asking him to agree.
    47
    48   MR. JUSTICE BELL:  -- knowing just what every document in the
    49        bundle is, it will not be one of them, I do not suppose.
    50        On the face of it, it is clearly the Court of Appeal's 
    51        ruling.  You work on that basis. 
    52 
    53   MR. MORRIS:  Yes.  (To the witness):  The last sentence on that
    54        fifth page in, which is numbered 2, then it is numbered
    55        consecutively onwards, it says:  "Notwithstanding
    56        defendant's efforts, employees still sometimes complained
    57        about being tired after closing, and defendant was aware
    58        that at least two of its employees had automobile accidents
    59        as a result of falling asleep while driving home after
    60        working late shifts".  Do you know if that applies to that