Day 128 - 24 May 95 - Page 49


     
     1        potential evidence, of what her injuries were and what the
     2        settlement amount was.
     3
     4   MR. RAMPTON:  Ms. Steel has asserted as a fact that
     5        Miss Stibbards sued the Company.  That is an allegation in
     6        the Defence for which, so far as I am aware, there is
     7        absolutely no support whatever.
     8
     9   MS. STEEL:   I can tell Mr. Rampton we have not invented this
    10        person; she does exist.
    11
    12   MR. RAMPTON:  Then I ask, where is her witness statement?
    13
    14   MR. JUSTICE BELL:  I think the complaint which is actually being
    15        made -- I will wait and see what happens, if anything, with
    16        regard to Sarah Stibbard, but the point which is being made
    17        is that at the moment there is an issue as to whether there
    18        was any accident to her.  If you say to a witness:  "Are
    19        you aware of an incident in the first half of 1989 where an
    20        employee named Sarah Stibbards was injured?" the witness is
    21        likely to think that because you have put it in this way,
    22        there was such an incident and then answers the question on
    23        that basis.
    24
    25        If you rephrase the question, "Do you know whether there
    26        was any incident, perhaps in the first half of 1991, where
    27        an employee named Sarah Stibbards was injured", then
    28        Mr. Rampton would-----
    29
    30   MR. RAMPTON:  My Lord, I did not object.  That question was
    31        asked and Mrs. Barnes said she did not know anything about
    32        it.  That is where it should have remained, unless there
    33        was some foundation for the further question.
    34
    35   MS. STEEL:   I am sure Mr. Rampton will apologise ----
    36
    37   MR. JUSTICE BELL:  It does not matter now.
    38
    39   MS. STEEL:  It might be helpful if we do look at it.
    40
    41   MR. JUSTICE BELL:  Unless you can put some further detail which
    42        you say is the truth of the matter, Mrs. Barnes has said
    43        she does not know of any such incident. That is the effect
    44        of her answers.
    45
    46   MS. STEEL:  If you look at pink volume XV and turn to section G,
    47        document No. 2, there is a self-certificated absence form
    48        for Sarah Stibbards, a crew member at Bexleyheath: "This is
    49        to certify that I was unable to attend for work during the
    50        period 21st May 1988 to 22nd July 1988, and the reason for 
    51        my absence was a broken arm."   The following page in tab 3 
    52        on McDonald's headed notepaper it says: "This to clarify 
    53        that Sarah Stibbards is only designated to work counter and
    54        dining area due to a previous accident which occurred in
    55        the grill area".
    56
    57   MR. RAMPTON:  My Lord, I follow that.  What I am concerned about
    58         -- I apologise if I had forgotten about that which plainly
    59        I had -- I will have to go up on the screen but I am
    60        confident that there was an assertion by Ms. Steel made as

Prev Next Index