Day 143 - 27 Jun 95 - Page 13

     
     1        particular restaurant?
     2        A.  I know what happened in this instance.  I did not
     3        handle the legal proceedings -- that was done by the Legal
     4        Department -- but I know from a Human Resource standpoint
     5        what had occurred here and what action we took.
     6
     7   Q.   Are you aware that two previous employees had also had
     8        accidents as a result of falling asleep while driving home
     9        after working late shifts?
    10        A.  What I know, if you want to know what I know about the
    11        case, I will gladly tell you.  That is not something that
    12        I am aware of.
    13
    14   Q.   Right.  If we go to page 3, it says in the first paragraph
    15        he worked the week before the incident in question for five
    16        nights, one past midnight; in the second paragraph it says:
    17        "On Monday, April 4th, 1988 Theurer worked his regular
    18        shift from 3.30 to 7.30 p.m. followed by the clean up shift
    19        beginning at midnight and ending at 5 a.m..  Then he worked
    20        another shift from 5 a.m. to 8.21 a.m."  Assuming that this
         is correct -- it is based upon the evidence given to the
    22        Courts -- does that give you some cause for concern?
    23        A.  Absolutely.  Absolutely.  In fact when this case arose,
    24        not the law suit, but when the accident was reported to me,
    25        and the circumstances surrounding the accident were
    26        reported to me, I had a great deal of concern.
    27
    28   Q.   How is it then that you had not been informed that evidence
    29        had been given that this has happened twice before?
    30
    31   MR. JUSTICE BELL:  Hold on.
    32
    33   MR. MORRIS:  Sorry, I mean, are you concerned -----
    34
    35   MR. JUSTICE BELL:  You had better say what had happened twice
    36        before, because you have gone straight from working those
    37        shifts to suggesting it had happened twice before.
    38
    39   MR. MORRIS:  Yes, sorry.
    40
    MR. JUSTICE BELL:  What happened twice before?
    42
    43   MR. MORRIS:  That people had had automobile accidents as a
    44        result of falling asleep while driving home after working
    45        late shifts; you had not been informed of that then?
    46        A.  What I was informed about was that one of our crew
    47        people was in an automobile accident, had hit another car
    48        and had fallen asleep.  I was informed that the Manager had
    49        allowed the person to work against McDonald's policies and
    50        that the Manager was being disciplined as well as a couple 
    51        of assistants with regard to discipline. 
    52 
    53        The Manager was fired because of violating McDonald's
    54        policies with regard to employing students and the hours
    55        that they are allowed to work under McDonald's policies.
    56
    57   Q.   So if a Manager violates a McDonald's policy they get
    58        fired?
    59        A.  If they do something that this would suggest,
    60        absolutely.  I would not tolerate this under any