specifies a cause even if you smoke cigarettes because there's an increased synergistic between those two factors on the defense side the defense often says well in less you also have asbestosis which is starting with not cancer a separate disease unless you also have that you can't implicate it's festus as a cause of lung cancer instead it's all cigarettes so there's a basic disagreement on that there's this bit off of it even to w microscopically look at it see the fibrosis there there's a final one off of that which is even if it doesn't show up there if you have the right lung tissue you can take some of that tissue and digest it sort of like  it will destroy tissue it'll leave the mineral fibers then you count the number of fibers you have here to the general public and see if there's an elevated lung bird it's all you know so that some doctors  question reply something that's not true you should disregard it folks don't go back in a jury room and think about it all sorts of fact but the other thing is when it seems to me the  this would be a questionable situation for you if you had not touched at all they have raised and you failed to object but when you bring up the subject of titian digestion when i first tried it back subject that same pretrial procedures are never you know this is improper trial for six years on earth and i tried to get around that as best i could and i said i want to bring out the fish just hope the power comes up as a result of their technical point but do you raise as an issue on appeal that we should reverse because the trial court erred in deny your three direct examination i believe i thought that was think that's part of  questions proper i mean that with the briefs and i think i think that's a fair reading because i think on redirect if i could show the chronology which is they brought it up they brought up a thousand cameras and limited to what they sent to their expert and they never never asked to shoot digestion and that's when we ended up the bench and he said yes we to wonder about and it was raised directly by plane after in his direct examination of dr hammer it's not an issue that was raised on the defense side the records all the cross examination there was intended to place in the jurors mind the question of the slides that have order specifically stated but not to shoot blocks we know that the plaintiff when questioning dr heller specifically talked about or the tissue blocks from two thousand and two so it's not just defense raising this issue it was in the pretrial matters it was on the juror act and it did come up in cross examination and the issue is was there a tissue digestion and that's a fair issue for the jury to consider once plaintiff his brains with their own expert the importance of tissue digest valid objection he made a conscious decision not to object to these questions because he thought i was going to come out ahead in the way he wanted to come out ahead on redirect what to go into pretrial procedures and the way the law rights i wasn't i wasn't the one that prepared the order but again it's in the record that there were blocks and they could not be obtained as part of the great order just to collect the slots and exhibit one sixty three final issue that i would raise and i will confess it's not in honeywell's green is the issue of the general verdict i think players completely mistake that issue by saying well since we didn't raise conspiracy as the issue on appeal you can argue to the court and raise a new issue that that the general perch can hold here and i think that's a misstatement of the argument i think it's a valid argument that this was a general verdict that can sustain on other grounds separate apart from medical causation issues to digestion and otherwise thousand in the first place that objections sustained and i was not allowed to do that just to show that they both had the same thing ramming him dr hamer was asked during the trial about the report discussed oh i guess that it was a tissue box and never in the first order because there's a limited amount of tissue in tissue blocks and if there's going to be an order on tissue digestion which is destructive testing the court has to get how much tissue is there in the boxes or page fifty eight i asked him about you know what is tissue that i just asked him about that generally ok about what it is in the house done and then i asked him about is this the kind of tissue slides he got is that kind of thing you can do to shoot digestion  he said you could do it on anything but this one of the an accurate count in this is that normally what we do it on something like this that's where i was at the time i had my director hammer and that's where it was until a box came up with this questions about the same along