quite a lengthy jury conference discussion that was not on the record we decided that we had no other choice but to tender the instruction given the i p i of what it says i'm i believe will to thirty nine says that the idea i shall the in the hearing for the motion for new trial we also again said we believe one twenty zero it was an improper instruction given the circumstances and also the fact that when the court came back on the record for marjorie conference the jury instruction transcript tells a story and when you start taking two pieces out three take them out of context it changes the whole testimony in my opinion well unfortunately the rule doesn't prevent that correct  back and say wait a minute wait a minute we want this included and basically we're telling the juries hey hold on this is good size we're going to read it i think it really took away from the testimony of dr kean and how the actual because studies show and i believe their expert testified to the fact that when you break a hip at that age your balance issues are a lot worse than they were before so it was our position that because she had those balance issues that she did  correct there was quite a bit testimony excluded because that mistress and i was in her seventy's at the time of the fall and she has plenty of health issues between diabetes and on words so that or mr john none that i can recall i believe there may have been a blueprint and turned in at one time but as far as sound any kind of permit paperwork zoning people work instructions nothing and all of this inspectors in the city itself and then the government we trust then it's up to code for you if there shouldn't be an issue here however that is an issue because we have no way of determining what was up to her what was inspected and what was that issue sound inspections were done that i would think i trust the government the government knows was doing ok everything was up to snuff and that's huge did the court actually saying that it was going to allow mr lay or it's the opportunity to lay the good that number was never presented to the judge no such instruction was presented to the judge or jury will cause the judge to do all the judge can do when he's here with an instruction and trial this is our instruction we don't have going to allow you the opportunity to present a foundation for the codes of course this only does you never intend to and any documentation that would show a  extremely experienced with a very reputable building company now are and he was the man who said i do this i dealt with the city of all the inspectors came out they passed it all evidence was would be there was no fault on the part of bass teddies and john construction because the city of all who did everything right in constructing this and this did everything right  seems to me that when you're talking to injury in opening statement and you know that there is no evidence that you haven't been on in your case of any code rules regulations you didn't have an expert it seems to there were no alternatives and under the circumstances i submit to the justices that there is no way that judge marriage should be reversed in this case there was a fair trial everybody did w says and when the construction was done the city gave them a permit and said you cannot be paid this you can use this there were no code for safety violations the record does not indicate that mr lane it's produced no evidence indicating such in fact his