facts and then move on to the the actual issue before the court but it was a school bus driver who finished her route at the end of the day with back in the bus lot and left her bus was walking to leave she had stepped up on  and she was maybe ten feet from the curb she realized she forgot her bus her logbook turned around took about four steps and as she was stepping back onto the parking lot surface she fell she hit her head and that gives rise to the factors and i think we can run through them real quick and two of them can be summarily dismissed so we can focus on the three that the commission i think spent the most time on first of all the commission looked at the chiropractors records dr knox records and said the doctor's opinion later said that she fell on ice and snow and said that there was no evidence about the condition of the premises immediately after the accident and they rejected mr adelman who was our safety inspector who had gone out and looked at the premises and said that i didn't see any  defects in the premises so they rejected his opinions but as we pointed out in our brief when you read over the the chiropractors records it's paid only clear that they were confused she had a prior accident when she fell on the ice there's no question about that but  you guys are red herring in this case i think it is and i'm frankly surprised to survive this far but that has to go and when you throw out that conclusion which they said was a significant conclusion or significant fine you know there are you also have to then dismiss their criticism and that's the thing and that's why there is no evidence from our side in the record about what the temperatures were on the day this is not a case of a falling ice it's clear from the chiropractors records if we attached to our brain that there was a prior ac and the chiropractor just combined the two and made into one accident and attributed to this an additional yet or any other anything else about the curve that would make it so no dangerous or no effective anyway no there's not adamant testify there was no defect and his opinion was wrongly rejected because they were focusing on the ice which is not a non issue as you say and that's what video food does not appear so any ice no no it does not all looks like correct cardoza i would agree with that wholeheartedly so what does that leave set leaves this three points at the commission looked at i think when we walk through those we see those are not sufficient to hold the commission's decision the first they point to a broken and wrecked medical record where they said that she described the accident as i realized i forgot my logbook going to turn quickly around to go back and get the law but i think the important thing here is humane have turned around quickly but the video evidence which is unrefuted show she was not trying to run when she fell and you know you turned around to walk four steps and then she found she testified i was not hurrying so we can look at that and say that's it justification there's no fine day for that conclusion so we look at the point of she was carrying a sack of food items in her left hand well as you can tell from looking at the video she had it in her life and in the fall that place off to her right it wasn't like a situation where it blocked her view or the case that we all know where the individual is carrying a box of knives downstairs and blocked their view and they fell it's not like the a case where the individual was walking down the stairs and i do mean these hand and when they lost their balance a court commission concluded that the petitioner was prevented from reaching out and grabbing a hand well in that sense with the fall so we don't have anything here that says the carrying of the sack of food in the left hand contributed any why it's like the need case where the court was looking at what the individual was doing these well the fact that he was carrying a clipboard doesn't make any difference because there's no evidence to show that in any way contributed to his fall he said th testified that she was returning to her boss in order to pick up her law book that's part of her job duties so therefore that fault with thinking has ability i think the answer to has to be no it's not we still have to perform an analysis that says where is the increased risk we all compelling but it's i think there's others doris's two hundred seventy five pounds she's got a previous knee and through which was work related she doesn't have good balance right so i think the hurrying i do believe she was hurrying and i doesn't have ways or a greater risk anyway she says i'm going to check out i realized i forgot my log book she's preoccupied i don't know if you guys remember this rule to a twenty year old twenty three unmarri boring being preoccupied can affect your judgment and a picture ability to do things she's preoccupied she's thinking about getting her log book and she's thinking about getting back to check out enjoying the people she was working with then i think it's also in she was working with people to have she turns around to go back to pick this this item back up again she was hurrying to catch back up again ok i want to point out when we look at factual findings we're looking at what did the arbitrator see we're looking at what did the commission of  the arbitrator is reviewing the film the arbitrator looked at it she was very fascinated by the video she made defense replay at a number of times and she also said counsel zoom in on this and when they  no she's not but i do want to point out and i do think this is a significant factor this is not just a curve it's about a sign that this this class island is fenced in it's not open to the general there is no recognizable defect in any area not open to the general public i'm in a loss to understand how being open to the general public or not being open to the general public is rel that's not something quite or fully gets according to what you and i also think i mean i really i think they personally cannot imagine how this is any different than the next case i just after the life of man don't get it she says she