Day 136 - 16 Jun 95 - Page 23


     
     1   MR. JUSTICE BELL:  Mr. Morris, if I might say so, it appears to
     2        me that Mr. Newton Brown is not the right witness.  If you
     3        remember, I did not by any means commit myself to saying
     4        that Ms. Barnes should be recalled, but I left the door
     5        open for you to apply when you had a time to look at this.
     6
     7        What I suggest is that you collect together (and you need
     8        not say what they are now) things like the last two
     9        examples, and then if you want to ask Ms. Barnes questions
    10        about them, rather than just ask me to look at them and
    11        draw a conclusion, then do so.  It is a matter for you.
    12
    13        I would not necessarily draw a conclusion one way or
    14        another from 4.2A.  There may be more slips and falls among
    15        floor managers and dining area hosts, and it may be easy to
    16        conclude that those slips and falls are more likely to be
    17        in the dining area because that is where they will spend
    18        most of their time.
    19
    20        It does not necessarily follow, therefore, that it is a
    21        good idea to have non-slip tiles there, because the number
    22        of slips may be relatively small, nevertheless, and the
    23        severity of the injuries may be relatively small; whereas
    24        I can see you only need a person to slip twice near a fry
    25        station and put his hand in the boiling fat for it to be a
    26        serious matter indeed, so the quantity of accidents is only
    27        part of any equation.
    28
    29        I am merely saying this out loud so you can bear it in mind
    30        when you decide whether you want to ask for the recall of
    31        any witness who may be more able to deal with it.
    32        I understand that you ask this question of witnesses
    33        because one might try to avoid it, but -----
    34
    35   MR. MORRIS:  It is just unfortunate we only got these minutes
    36        after Jill Barnes ------
    37
    38   MR. JUSTICE BELL:  You remember the comment I made at the time
    39        about it.
    40
    41   MR. MORRIS:  Is it possible to rely on the contents of this
    42        without having to recall Jill Barnes?
    43
    44   MR. JUSTICE BELL:  It may be, but what I suggest you do is,
    45        first of all, for your own purposes and in your own good
    46        time, you paginate 57 B through from beginning to end.
    47        I will do the same.  I will do it consecutively; even if
    48        there is an empty page in there, I will give it a number.
    49        Then, in due course, by all means ask me:  "Can I ask you
    50        to draw a conclusion from that or do I have to put it to 
    51        Ms. Barnes?"  Do you see what I mean? 
    52 
    53   MR. MORRIS:  Yes.
    54
    55   MR. JUSTICE BELL:  You can do that, if you like, when we have
    56        our interlocutory period after Mr. Stein.  Then if I think
    57        you should have Ms. Barnes recalled to put something to
    58        her, I will say so, but we will try to iron it out then.
    59        I think that is the best way to do it.
    60

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