existed in the first portion that we have to look at that exception is the existence of a special relationship again here that there really has been no dispute the act the plaintiff appellant was a business who makes heat on the property of a wal mart for the purpose of finishing christmas shopping that there was the relationship of business to make warren beatty it was during the normal business hours so so that element has been has been standing by here think he should reasonably anticipate carolus or criminal conduct on the part of other persons either generally or a some particular time he may be under a duty to take precautions against it and to provide a reasonably sufficient number of servants to a board of reasonable protection and units coming to section three forty four that's been adopted in various cases throughout the state of illinois this becomes relevant in this particular circumstance because as we've talked about the plea to produce the evidence of the prior criminal acts in the form of the various criminal records available other evidence was brought forward prior to this time the summary judgment depositions were taken not only  because it was the christmas holiday season we know the at and various kinds of security was increased inside the store or sometimes the store would so far as to hire additional outside law enforcement officers to be present at the store interestingly enough because christmas eve the store going to be closing the store actually had security outside security who was going to be present in roomy in that particular parking right once the store had closed so to protect the party right in the incidents being of a similar nature as well as the actions taken by the defense to secure portions of their property but no actions to secure the per month period where their customers they are business and duty here we actually can have both we we have evidence of some property crimes but again we also have evidence that in particular barry's assault three per stanching chil which were taken from the bod criminal acts as well as the surrounding circumstances that can be taken into consideration and or comment at section three forty four there playing it met the d or met our mission to establish that there was a duty and surely  focusing on the fact that we're dealing with christmas eve during the holiday season when selling other actions had already been taken chewing the breeze at the security provided within the store potentially outside the store but not during this particular decided that because of that agreement there was a voluntarily assume to provide security for protecting these other rights it looked it past price solely for proximate prosecution so that case is not on point as to whether  this it's not enough to put the store on notice that there was a specific purpose to a shooting of a woman on the property not being there has to be more to give you notice that there is specific incidents going through not just that other generalize own testimony said that they take all of these stats to increase security and national security personnel because criminal activity greases during the christmas holiday season and get backing from the defendant's own testimony of the