is the court but this case as you know involves the issue approximate cost and we have taken this pill because we believe in it is our position that there is ample evidence of circumstantial evidence to support a case that we could prove to the jury there's a question of fact for the jury proximate cause and i would like to go over some of those facts that we deem  circumstantial evidence in this case one is that we have a witness by the name of joe grossman who worked for the same employer as the plaintiff in this case he witnessed his take certain brake drums and that type of thing to elkhart indiana what's important in this case i think is is is actually very crucial in this case is that in this particular day meeting two thousand  gun rights loaded the trucks all the trucks in question with half of all approximately twenty four thousand pounds here too for they have always lowered made a full loaf each driver  from rockford illinois to elkhart indiana why is it important we met it's important because when you have a ford you don't have to worry about a load shifting in the truck up particularly on ramps and things of that nature where the load might shift but in this us truck was leaning in when he turned on the ramp it rolled over and it crashed not my concern is that it seems that the circuit court imposed is going to treat those who suffer injuries that are unable to describe what actually happened in a deposition of the complete definitely makes the claim that proximate cause existed she meant that there's going to be a different standard that there's going to be a hi they hired an expert and i think that's the case where the plaintiff was driving a truck and the trainer was in the back sleeping and they had an expert to try to testify as to what cause they actually i don't think any expert in this case present an expert not and this this is a very very serious injury case and i just think that to preclude us from going to the jury present the circumstantial evidence in this case and as well as that the reverse the judgment for the defendant and then send us back to the trial court because we would like to present this case to the jury thank you proximate cause if you can use proximate cause circumstantial evidence to prove practically because the circumstantial evidence has to meet to one reasonable conclusion in this case the circuit court judge drove this route five or six times a week every week for here and never had a complaint about how he drove his truck didn't get any ticket doing it look we will love you all this is this circumstantial evidence does not lead to one reasonable conclusion there are multiple other real quick lucia's that don't point to the defendant's actions there are other there are multiple but the only one you mentioned this the speed probable causes of this accident jury duty choose based on which three you want to pick that's speculation that is the definition of speculation most of the cases from this album pork identified these issues of well if you let the jury pick between multiple inferences you're allowing the jury speculate so the judge is the gate keeper of the evidence she reviewed the evidence if you look at the testimony of the affidavit of the trooper the testimony of of mr grossman and said if we give this to he now interjects a nother probable cause to this act so to point to one probable cause one inference you're asking that you're speculate this case is based on speculation they have not  trailer is weenie nobody would know that the load is actually shifted alessi look inside to see whether or not it shifted but a reasonable inference is that the load is shifting that's why the trailer is leaning in another reason o and his testimony is based on speculation that's what we have we have those two those two individuals and those that's if you take their testimony as true it's supposed to defend in this case because it causes equipment dep i don't know if anybody could be more qualified about the issues in this case than a joke grossman ok but saying there's no other evidence how about the other truck drivers that were down there how about the two of that weren't elkhart with the two trucks the trailers  evidence the case is that this court has affirmed the summary judgment there is actually no evidence and no circumstantial evidence that's why those cases were affirmed in this case there is overwhelming i respectfully submit substantial circumstantial evidence for