Day 153 - 12 Jul 95 - Page 68


     
     1   MS. STEEL:  (To the witness) Do you remember the Mcbun toaster,
     2        the top hot plate, being loose and falling, easily falling
     3        on the operator?
     4        A.  No.
     5
     6   Q.   You do not remember that at all?
     7        A.  No.
     8
     9   MR. MORRIS:   We could not find it.  I think you definitely
    10        commented on it in your statement.
    11
    12   MR. RAMPTON:  Paragraph 13 of his second statement on page 6;
    13        top of page 6.
    14
    15   MR. MORRIS:   Thank you.
    16
    17   MS. STEEL:  So, you say in your statement that you accept that
    18        it could, you say, theoretically fall on the operator, but
    19        you would say that would be a rare occurrence?
    20        A.  It would be -- sorry, where do I say that?
    21
    22   Q.   It is in the second statement.
    23
    24   MR. JUSTICE BELL:  In your second statement.  If you turn on,
    25        there should be a statement which you made last month.  If
    26        you turn to page 6 at the very top?
    27        A.  Right, sorry, yes.
    28
    29   MS. STEEL:  If such a thing happened in the store would you
    30        expect to be aware of it?
    31        A.  Depends how serious the burn was.
    32
    33   Q.   You would not be generally concerned, even if someone did
    34        not get a severe burn, that it might happen again and might
    35        be a problem that you ought to look into?
    36        A.  Depends if he means -- the top plate is on top of the
    37        toaster, yes?  It is not actually fed by an element, so it
    38        is heated up on top of the toaster.  Generally, it is, the
    39        handle of it is covered in, sort of, heat protection type
    40        cover, a coating (Teflon maybe); if someone burnt their
    41        hand on it, I cannot imagine a situation where somebody
    42        could burn themselves badly on it; but, if they did, then
    43        yes, I would expect to be told about it.
    44
    45   Q.   The top plate has not got a hinge, has it?
    46        A.  No, it is loose on top of the Mctoaster.
    47
    48   Q.   So it could quite easily fall on someone's arm?
    49        A.  No.  I mean, it is sat -- it is only about, sort of,
    50        half an inch tall and it is laid flat; it is about that 
    51        long and it is laid flat on a platen of a similar size.  So 
    52        it would have to be pulled more than half its length off 
    53        before it would fall off the toaster.
    54
    55   Q.   But how would crew get the buns out from underneath it?
    56        They would not just lift it up like that?
    57        A.  Lift it up and then slide the spatula underneath the
    58        platen.
    59
    60   Q.   Right, and it could easily slip out of their hands while

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