provided by two common carrier airlines is reasonable sure would have found for the plaintiff the scenes family requested a wheelchair about one month before she fell range of her each prior plight included in those reservations sky west did not follow its normal procedures applied to and then did not receive a departure list when the seasons flight  boarded and salt lake city southwest had no explanation the southwest flight attendant did not know whether any passengers had requested a wheelchair before they boarded notwithstanding the flight attendant told the pilot that no passengers had requested wheelchairs and the pilot passed that information along to delta's ground crew ten minutes before the flight landed when the aircraft door opened the flight it can flight attendant again told a delta gate agent no passengers had requested wheelchairs but at that very moment defense computer system showed that to scenes reservations contained a wheelchair request agent relied on the flight attendants incorrect statement and did not remain near the aircraft door to offer just seeing the wheelchair when she stepped off the plane i gather all the story came out during the course of the trial correct magistrate then makes a recitation of evidence followed by it with an invitation for me to make comments and say that's not right that's right followed by is announcement of a decision granting judgment as a matter of law based on two issues that were not raised by so as i understand your argument there were two procedural  the first was not allowing you to finish presenting your keys to the jury not in not by way of offer of proof but by way of finishing your case and secondly deciding that directed verdict motion heard on the relevant issue in other words the way i interpret it is fifty eight he says that a court can grant judgement as a matter of law on any issue well i see what you're saying back the best i can to meet his concerns about the deficiencies in my case i can't do it if i don't know what the legal issues are and that's what happened here i wasn't told you thank you we're here for mr right  then let me address that by going back to the order of events and the record the trial started on monday the defendant or the plaintiff called liability witnesses monday and throughout the day on tuesday and began medical witnesses on wednesday at the end of the day on tuesday i made a motion for judgment as a matter of law presented it to the plaintiffs the judge there's any court the state you have to play with us to rest their complete case it's just a matter of if they completed an issue when there was there was at least one more witness and perhaps more who was going to address issues of liability there was someone who was actually physically there at the time who knows you know that's just a fine that's not correct and so that's where i was headed with that so on wednesday morning he started calling damage witnesses the court had told him these two occasions i'm considering dismissing the case on my ability so i think if i don't understand why his schedule then allows the trial court to convert a rule fifty motion into a summary judgment motion which is what he actually sat he was doing he said well i'm just feeling this s judgment motion well and i agree this case also probably would have been appropriate for summary judgment as there are so many appropriate but i think the misnomers the highest degree of care that's right and if she she wanted a wheelchair there was one right there for we're happy to give it to her all she has to do is stop or wait or ask and it's hers whether or not she made the reservations they are always happy to provide the judge said i recognize that there's a there's at least one witness that said i don't remember whether what there was one there or not so for my ruling i'm not going to soon was there that's not part of my ruling the point is she didn't wait she didn't ask and all the cases say you have to give him a chance to and looked at the bottom toward the bottom of the jetway to the door of the aircraft and said there was no wheelchair there that created a conflict in the evidence which i cited to the reply later for that and had i believe his aunt i mean i believe that the