well the jury an hour into deliberations forty five minutes to an hour into the deliberations on a recorder motor vehicle accident i said maybe we see the police report or send in the police  to consider the police report the police report is inadmissible they would have gotten it they would have known that no matter who won the puttin it could have been put in and i would have gotten a verdict between eleven thousand dollars which is the bills of the ninety thousand dollars which i asked for  agree with you that there is a critical distinction here and i know that this court can recognize that distinction thank you  questions the first question is did the did the court do the right thing within its discretion in the end under the law and the second question is could it possibly have made any difference when the question came up in the later in the post trial motion you didn't get short shrift by any stretch you looked in the said we have these kinds of questions all the time this is a question of fact police reports are noticeable but i don't have to tell them the jury that simply said you have the evidence if you're going to hear of pleas deliberate and how they are how is different then the answer that the plaintiff holds i don't see that it could  possibly make any difference to the jury you hear out the evidence please deliberate versus police reports aren't admissible don't speculate there is no basis in the record for concluding that there would have made a difference with this jury and the court is obviously one hundred percent right with respect to the affidavits of course we don't have the transcript of proceedings so there is no basis for or for the poor to know what the testimony was so they i think that they at exception with swallow rule in the kinds of cases where the core does make an exception in considering for david for cases like holmes or stallings or free where they you know the  jurors are very enterprising go out and do independent investigation and bring books in there haven't been discussed or go to the hardware store to look at a blaze in a product case or in the homes case a criminal case affidavit because as the trial judge observed there's nothing in the c f of david that doesn't affirm the verdict mr newby crossed out basically what is the plaintiff's basis for this whole appeal because the fair question and the judge did exactly the right thing and i don't think there's any basis for disturbing the judgment that was entered on a jury's verdict in a file if there's no questions by the piano i thank you for your you have your nose you have your recollection please continue to do good work but a question while the jury it's such a basic thing as a lay person when i when i was going to when i became a lawyer and i learned that i couldn't put in evidence of a ticket was there was a guilty plea i thought well that probably too fast and she loses control over vehicle and calls all of this to happen and then she goes to court says i don't remember when she got the ticket in the jury she had a good witness the jury why for the jurors as far as let's see the police usual tickets and rather than doing the right thing the judicial thing the judge gave them the fact that the response that you give to a factual question you have all the average you're going to receive please continue to deliberate to a layperson that said and that does say a big point it could put it in in evidence that i was born for when he and and that's unfair and anybody who doesn't have dog in the fight looking at it objectively would come to that conclusion it was just fundamentally unfair i could not put in the evidence of tickets evidence