of physical presence at university and they always had security officers whether they were boys of the school or third party independent contractors who fill the role  and if you look at the depositions of the people who actually work there and it's interesting the descendants never cite any of the depositions of any of the security officers that will supply the only part reality is is that all of the decisions that ended up in my being brutally sexually half were made by you know the people the decision to use the a t v it was breaking down all the time that  what i'm suggesting doesn't have any do with public policy the university could turn over security to a third party that's fine if they do it that's fine but what public policy says and which makes sense to me and the most important one years yet is that if the testimony of the women who operated a security off because their testimony is what we told them that today we know that there's a crime area right all those equipment that that makes them with more dangerous i mean you know they ask can we just use one of the cars to get you to go over there so we don't have to keep jumping those things spending time in the bar or around with a piece of equipment no it's too expensive so on and the other one is i don't know i don't know how many crimes are half b but we've listed all those things that happened in a couple of years that only on campus but right next door  it seems to me sort of unreasonable to exclude this twenty by twenty foot area that is close to that crime area and dark what if we're students and it doesn't have to be complete control i mean the language is is very broad if if you keep them from doing it the way they want to do it or i guess it works for real then the contractor in this case milligan remains responsible our determine how many security officers there were available which determine how many security officers could go on a route so even if you look at it that way they have control over how many security officers were available that during that time period well i think that particular evening there would have been total of four excluding the dispatcher but one gentleman was ill so they were down to three so now we're just with the individual officers been able to say we're going seen a written written schedule prepared by any and the record shows that mc were at individual conversations with officers and told them that's how they had to do it well my guess is it's going to be looted because she sort of translated everything ok but yes maybe these people saw known to be regularly and operable who did that a witness identified the defendants as having made those were actions given those directions i think all the women who were there which would be enough truth it did not come from whack and they test everybody testified we expect that to be a baby so they took the a t v out of service change it from one to two people out of control they could have done that they choose the most economical no no i'm yeah most economical when you walk well yeah that's what i meant that was there that if you read the depositions of the females that was there that was their other choice if you don't want to use the a t v then you gotta  locations so i would use the radio to tell the dispatcher i've just finished it right yet i don't think it was like an automatic clock i just think they really don't know what i want to ask i want to try to ask this delicately because i am aware of the concern about violence in general on campus the violence across the country violence against women and sexual assaults but you keep referring to the women didn't want to do this is that a factor or is it that no officer was there male or female regardless of their age if they're qualified to do the job they'd be in the same situation with him but there is a rich raises just paris's other than just what i call it mission work what reason do they have to know had a cell phone a wallet and radio and whatever he quit and i got on me i understand there's a difference a qualitative difference between a sexual assault and a mugging or a battery i get out of the car to do the work but here's the problem here's the thing with hard work that's why they want you got to get out of the car to check it out of doors or whatever you're doing but you do have to spend time ok radioing to get the j mr walters and i do agree with one thing and that is that we profoundly it disagreed as to what the record of on which this of evil is base it contain and i've been doing this for a number of years and i have to say and i don't mean that term loosely that this is the most monstrous origin of a record that i have ever seen a motion to strike portions of the record at the time of the some reek judgment hearing and these were the same portions of the record citation and that effort is sub forth in the supplementary appendix nothing could be farther from the truth than to say that cater a t v that was known to be regularly an operable is there to speak there is absolutely no dispute that that was not says that there were no directions on that the records show the milligan entered into a contract with the world's largest security company whacked in all of this isn't around the corner who's looking for a job they entered into this contract on a return key basis for wacken to provide the security that contract good example would be that we want our leave patrols at the border plant and they enter into the agreement with wacken saying we will provide those specified  services and they agreed on what the compensation the agent is because as with any contract there is a price so millikan bite is the security services the security services a are the security will be provided by whacking the security employees under the sole and exclusive control of up there is nothing in there that says that militant has any role other than saying this is what needs to be done you staff it and you provide the employee easy and train the employee ease and tell the employee needs how to do the work so for looking at section four one four of the re statement in the control type of scenario they are what we were saying is that the owner or the contracting party to the contract is saying this is what we want done wacken hud is saying we will do it and it is our expertise in doing this our control over these employees who are our employees there is no testimony by the plaintiff say that milica mick taylor or lucy turbot you do this on an individual basis you use a this a gate or a you go to this site all of those directions came from her employer whacked in a huff so to say there is no dispute on the issue puts it and temperedly because there is no turnkey proposition we control in our own employees we staff them we told them when they were to do the work we knew what it was the milliken wanted done and it was up to staff it and they were to instruct them to train their own voice even the same is true of lucy now we have some ad hoc reverences being made to the female security guards for wacken hop and their testimony is what is the subject of the motion to strike because it is based uniformly on hearsay and  now as far as the a maintenance is concerned this was a turnkey proposition on the other side with the aramark so any complaints regarding either of the lighting milliken had hired the experts on both sides of this and it is intriguing to see if there is any the she you can say that the employer of a contractor under circumstances like this is a liable particularly when you hire a security service such as this to provide security for the campus and you then are blamed for not providing security for the people who were  the statistics are specific to criminal activity and the oil or plant live or that specific area that they're of no value in determining pursuit of bill and isn't a pretty prescriptive view i don't think so because of the size of the campus and the nature of the campus and the number of people upon the campus if you look at those statistics and i don't think that we they have to weigh a point on a line under it to appreciate and i think good justice for the next they made to the point they somewhat of a whole but i believe that we have a concern for sexual assault or rape so on college campuses that is of the female students by the males fumes so what we're doing is throwing into the hopper here saying it would be foreseeable that there would be a sexual attack by three criminals identities on no nine at the power plant where nothing like this had ever taken place before and see we penned a stablish the foreseeability by showing that there was students on student sexual assaults on the campus during the two in the plaintive was likely to be sexually assaulted in performing this or rolland which was a regular round on an hourly basis it during the day the fact that there had never is it correct or incorrect about that mr walter as far as we know from discovery i'm not aware of any incidences where there was injury at that particular a crime of that particular place th or so of the wacken personnel are saying it is dangerous we can't go there on one basis of mine to assume that their fears are well founded because mr miller says there is no history of criminal activity in that area mr walter again that part i mean why isn't it monsters under the bed mr walter because they have already admitted here today that this was an inherently risky job where they send her they are not t at least in the law and we're all lawyers here so we all like to look at the legal theories that they control cases under section four one four there is no we did duty on the part of the that would be in the guidelines for the contract that would be in water known as the host or hers if you look at the contract it says the wacken is to  performed the work in accordance with the schedule and the schedule if one of the signs the number of people the two of them have agreed on the number of people to provide whatever services and agreed that that their reasonable then the post orders and the guidelines were while the people work to do and in what the people were to do that would include hourly inspections of the oil or area you know they every two hours you would inspect the campus viber every other day you lost me is that in the contract the hourly inspects or is that something outside it would be adopted in the contract i believe in the polls or in the post or yes and i think the contract refers specifically to the post order if it's like the master contract that says the contract documents the include the architectural drawing the architectural drawings the specifications the general they conditions and all that so we submitted here there distortion but august is look at the depositions of people who work there they all say we were told what to do by military i remember correctly my client says i first got there i actually saw the e