that this would be a problem both the court and council we try to accommodate the plaintiffs who are not citizens that we see and in fact mr frank this is a venezuelan citizen so we'll try to accommodate him  later to see what you can do we have set up a conference and then we found out that he's not going to be back into the week before trial three days after the creature of conference after the witness list is closed after the pretrial order has been we carried on we find out that mr practice cannot come back to the country until right before trial we set that examination are we happy at how long we're still just before the trial date that these photographs of problems he was going to be examined by his own doctor which we knew but not of the friday before the fall and so it two thirty at three o'clock on friday afternoon before trial we get this two page do a bench trial let's stipulate to the medical let's do a quick so we'll agree to that that was fine so we go to the trial and then suddenly the number one complaint plaintiff is about the if he suddenly it's about playing of the catholic church so so the argument you've made now to us is the judge feldman abused his discretion allowing the amendment who are you talking about the refusal to continue both i know that we would which he did which which is your want  district judges have a lot of discretion to refuse to deny a continuance it would seem compelling here to theater to see compelling which is one of the medical report dr gladden generates is given to both sides on the same day they didn't get any earlier than you and number two we don't like knowledge this is a man who has visa troubles and he just couldn't get in before we except that those are fairly compelling reasons for judge feldman to say you know this is difficult guy that's a separate issue though and it does seem like the medical records so that he was the supervising true eating physician wasn't treated better well but he didn't actually do the surgery but i you know i think that's pretty much works he is the early junior person's go easy can step in if something goes wrong that's not what the medical record shows dr platen nets are exactly so we examined him one time only the friday before trial d going to record the friday before trial ok that's are you sure about that statement i never saw him i thought i mean i sat in the record i his name is in the record but next to his there is never any physical exam that he that he was told he needed formal physical therapy rehab but this is a six month injury he admitted at the trial that he didn't do that and they introduced dave's banished record from a radiologist apparently that says he just squeezing  that's not rehab and our doctor said that's the rehab and even dr gladdened said he'd be fine but the rehab so he did admit at trial that he didn't do the prescribed physical therapy but judge feldman did address the issue he said you know there's there it's unresolved exactly what disagreement i hope for his down there in chile or whatever but then he ultimately appears to have done an implied balancing and said i've got to the number that i've gotten to yes so so control what's your best louisiana case that that type of resolution of mitigation is revers a couple years back oh i really don't know where to start because we've been all over the page of review issues but the central thesis is i gathered from the request for you somehow happened what we're here about or it doesn't appear to me though i mean it does appear to me that it was a rush to trial given the circumstances of the individual live and out of the country and not being able to be here with a to my recollection is three or four photos of the guitar went to work in a basketball picture so those things should have been available when mr freitas was to publish but let's assume i somehow forgot to do it those pictures were given to the defendants twenty days for trial the first time they got them before trial over close proximity the trial was when i asked for their consent to amend the pretrial order is a matter of courtesy sent them my brief atropine about those pictures they couldn't they didn't do those pictures also were admitted into evidence they objected in terms of the motion to supplement the pretrial order judge belvin said no sorry but at that time they had already gotten an extensive iraq to reach a number seventeen answer about mr bright as a disability including the guitar the other things then they were posed to explaining his reasons for judge in the context of the discussion if i recall about the lingering said this is a man who not only why playing the guitar for fun but it was also part of his spiritual life when he attended mass he like to participate by playing the guitar now somebody who had that right to resist when he was given his wrong reason just spent yes and what he said was this shows he's not a winner because somebody who had this additional spiritual component tied into playing a guitar if there was any way he could have done it he would have continued to do it in his testimony was i can't do it so what the judge saw was this well my recollection of a back seventeen months was that in passing and i think in connection with conversation about the death of just the school live who is an intimate friend of judge feldman's that somebody had i thought that judge  emphasizes in the damage award amount more the credibility and persuasiveness of dr gladden so maybe i'd i'd benefit if you chipped in that issues so gladdened was there or is who did both both parties get medical just it's you can't have your cake and eat it too but judge joe was very clear that he was being objective he knew that there's a difference between supervising doctor and a treat i don't think judge feldman ever said that the defendants failed to show by a preponderance that he failed to mitigate so we don't have a clear statement as to a finding on whether mitigation occurred or not and then it seems to me in the dialogue with feldman on this point he seems to think that the plaintiff has to do everything they can but the standard is not that time they don't do what's reasonable well the standard as i appreciate a judge gets it is also that you failure to engage in physical therapy or whatever makes the injury worse you know what mr fry tesla's testimony at trial was the doctors u m c told him to do a particular type step spot i purchased the ball and every day consistently my doctors recommendations i do both exercises so using the judge feldman implicitly found they didn't meet their burden of proof  testimony showed that he was fully comply with what the two doctors told him to did and i thought feldman said that it's unresolved and then he just said you know i just think the numbers the right number seen this case hundreds and i think that you give everyone an eminently fair trial you know it was the defendants it was their idea we wanted bench t all of the conditions that judge belvin insisted on they knew he was going to be the person who determined quantum liability all the issues they said yes we started trial monday morning again on the record judge so i don't know what this furor is over photographs that at the very least they had twenty days before trial if the very least and nothing prevented them oh mr freitas appears to be