but please if there's whatever the court has to focus on please bring that to my attention ok ok in my other life i was a business lawyer ok and so this is an interesting business  time it was going to take how much it was going to cost but that whatever else happened before the ship was released a note of which time yes and that no represented something like you did represent that charity in a business case like a contract case you say ok you get seven hundred thousand dollars we don't have any change orders let's see what you did make sure you didn't catch yourselves and things like that or do any of that because none of that was in the case until we were actually showed up to trial in our contracts but there weren't any here and so slide shows off their body shows so they argue over some of the items in the bill and they say all right let's just call it two hundred total so i think that they were all and it was about four twenty the owner would be unjustly rich if you were allowed to retain the benefits of the repair services without paying the value of those services isn't that direct notice to you that at risk go is not  that's the discovery stamp that's how they responded now if this case converts into no we're going to speak to seven hundred thousand dollars i mean how many ways you want to look at they've got a duty to supplement the instant they decide to change their mind because that discovery response is no longer you just now told us about we can't really stand any discovery under the rules and that's because we're way past the discovery cut off lest we go in and file a motion to reopen discovery which means we're going to have a new trial continuance of the star of course my clients  my clients are wiped out financially by this point the boat's still to this day sitting down in t v and so that when i say they're faced with a choice they're faced with a choice to sit there and say we have got to get into trial to try to get some justice here because every year we go we just you know like guys really that they're wiped out and if we fight on this clock this new claim that they threw out and go still can't get a real can discovery will work in another trial date out another two years so that's what i said we had a judgment to make and the and i was worried i was going to get sanction for going that far but you know he he pushed this things very quickly and i think we cut a lot of corners that ended up with my clients not getting their fair to court that's why we're here  if you're going to bring the claim you've got to go back and supplement your discover you don't just get a pass and he said they did and was there any testimony in the trial about the accordion satisfaction issue you know because it wasn't the court and sat traction really didn't one of them there was no testimony about so i don't like the looks of this this makes the whole thing look back now for the front of the jury this would not have happened we would have been able to put on our case explain our numbers and and deal with any kind of issue sitting on an island delta people off all over the pacific trying to get in get things fixed i side looks at the policy and says well wait a minute no we're not going to cover this because we have an exclusion of line eighty three i think it is it says if the l basically what we want to be an additional insurance under a different policy without that exclusion then their argument makes sense but they weren't and there is no policy without that exclusion that's right seventy seven form standard i'm  superseding intervening cos i now shift gears to talk about a court satisfaction your honor and i'm not a business lawyer but i do know that according satisfaction is a term of art with particular meaning in our business and i also know that i have heard it for the first time in this to the more mature organism a trial where everyone understood certainly k s c care boss understood the risk it was seeking full reimbursement for the work that it had done on the  did your client think that the note represented it i think your opposing counsel mentioned something like three hundred thousand dollars in cash and then it was no what did your client think the combination of those two things meant my client bought your honor not quite so deeply or so legally as we do in the rarefied atmosphere of this courtroom my client thought that it was trying to help a customer who claimed it was unable to pay for the full amount of the repairs that had been done and stempel what did what did it think cash in the note combined missed it meant that it was going to get at least two hundred thousand dollars in i think monthly payments of twelve to sixteen thousand dollars with interest to pay that portion of the bill which they complete and voluntary and intentional paid every nickel under the note with your client had been fully satisfied there would be no litigation putting aside that what happened later on but just so far as the doc repairs are concerned would it have been fully satisfied i would have to assume paid regularly on a two hundred thousand dollars know and he believed that he was going to be an additional insured on the policies of insurance on the man one of the you know what about the argument that you're posing council made about the exclusion and the policy you disagree with him about be a technicality in some senses but again in this court room those are the sorts of technicalities the lawyers deal with and those are the sorts of technicalities the determine whether or not a cause of action exists or could only potentially exist that there may have got a potential cause of action for k f c there is one has to ask whether eight hundred four thousand dollars would have been spent to do twelve thousand dollars worth of work one would have to ask whether or not a vessel that was close to two to would have ended up in tahiti one would have to ask whether or not they would dispense the so not take me back to this i do know that again the record will show in volume one page three forty one that your body concedes the risk of getting back produce documents regarding repair costs i do know they filed a motion in limine ag on this including knew they faced principles of v o c corporation who had something to say about these costs and about the repair work done they were questioned about it and could have been questioned at length about any aspect of it that th about anything the people who generated the documents their chief caught onto the sheet and then either paid or didn't paid were in the courtroom and they were a primary source material so the fact that this is going with you they're not treated like we're not allowed to testify as long as counsel would have liked  made absolutely no difference in the court's examination of the repair records and the reasonableness of the cost and again i was going to different courtroom perhaps but it seemed to me that kelsey was allowed to examine his marine surveyor his  whatever would have occurred and i can tell you what's in that policy which is not the record and please believe me this is insurance law and the idea is this council says no blood no foul i couldn't follow it then your honor i can't follow it now the basically want to is trying to say is well then we'd have reached our own pocket and we would have paid for it and we would have sued you to do and so you would have owed us what we don't use that kind of washes it all out and i think you had received by now being both tired and feeling a bit beleaguered except that we believe that it acknowledged and proven breach of contract that there are damages to breach of contract and the damages in this case should be because they were both foreseeable than normal that k f c owes us what we have to pay i asked not because remember again although we've been well i'm just kind of trying to get my hands around the issue so see why there are a lot of issues in here for what for what was an awfully romantic sounding case when it started it ended up being a briarpatch and not enough to smooth sailing we talked are there any other they did not make morris come to an additional inshore now whether that's because they couldn't because they did again it's not altogether likely it were in the record is the the agreement that says they're going to do that i don't know your comment that i haven't seen that i'm interested in that because  my perception is from the record if you're dealing with relatively unsophisticated non legal type people who are dealing with this and you know that somebody says i want to be a law speech and they give a certificate temperature ability i want to be fortunes in this boat they want to risk going to get or rather they almost died out in the middle of the pacific their business was wiped out people were on an island they thought they had good work done they thought they had insurance they are caught because this writer was put in wrong they didn't do paying the now no the brother fell off they didn't even know about it till the boat got to some oh well and then they went and said you can put a writer in that was bad we're not going from that i might have done it differently but the boat was broken and the guys who