Day 160 - 21 Jul 95 - Page 15

     
     1        A.  Yes.
     2
     3   Q.   Did you get any kind of payment from McDonald's,
     4        compensation?
     5        A.  No, I got statutory sick pay.
     6
     7   Q.   But did you get any kind of compensation?
     8        A.  No, I did not claim for any compensation.
     9
    10   Q.   Did they say you should claim?
    11        A.  No.
    12
    13   Q.   They did not?
    14        A.  I do not think I would have done, really.
    15
    16   Q.   You did not know about how to claim?
    17        A.  Yes, I knew about how to claim, yes, but I do not think
    18        I would have bothered.
    19
    20   Q.   Why would you not have bothered?
         A.  Well, I did not think it was McDonald's fault;
    22        I thought it was the customers' fault for throwing the ice
    23        on the floor.
    24
    25   Q.   So was your understanding that you could have claimed but
    26        that you did not because you did not want to blame
    27        McDonald's for the accident?
    28        A.  No, I do not know.  I am not really quite sure.
    29        I mean, if I wanted to have claimed, I would have stated
    30        that I wanted to claim.
    31
    32   Q.   But McDonald's did not advise you that you could claim?
    33
    34   MR. JUSTICE BELL:  At the moment I cannot see any basis for the
    35        claim unless it was thought that the customer was well
    36        enough off to pay some damages or was insured for such
    37        claims.
    38
    39   MR. MORRIS:  So if somebody gets injured inside, on McDonald's
    40        premises, because there is ice on the floor in the customer
         area, then someone cannot claim?
    42
    43   MR. JUSTICE BELL:  It depends on the circumstances.  If
    44        McDonald's have negligently failed to clear it up when they
    45        have had an opportunity to do so and should have done, then
    46        they might well be responsible; but if a customer dropped
    47        icy water on the floor and seconds later someone in
    48        McDonald's stepped on it and fell over, I would be very
    49        surprised indeed if any judge would hold McDonald's
    50        responsible. 
    51 
    52   MR. MORRIS:  You know the incident with the chap that you went 
    53        to the Manager about, you said you did not want him to work
    54        with you in your area?
    55        A.  Yes.
    56
    57   Q.   Did you go to the Manager behind that chap's back or keep
    58        it secret or did you just do it openly in front of other
    59        people?
    60        A.  No, I did it openly.