third parties responsible for the injuries that she suffered mrs goals both on a wrongful death personal injury one of level as well as for her but listen they talked about equitable principles and actually justice did equitable principles apply to this circumstance i  hasn't duty to preserve fire seen evidence the failure to do so is spoliation best the title of the article that peak an insurance company distributed to all staff and all managers talks about the case one talks about potential but against and more specifically the fire socratic talk about interest a partner who's an interested party and certainly and i ask this question no one seems to be can they don't contest the fact that all i think no one would contest effect that mrs because when i took a peek at his insurance adjusters depositions they had a big city they were dealing with the rockford fire department the rocker fire apartment had spoken mrs combs and she told them the forwarders lawsuits that fuses were blowing are set forth in more ways being a contract agreement or statutory voluntary undertaking or special circumstances as to whether there is a contract or agreement in this case i think the plaintiff is in a fairly good job of establishing why address that's what could be the contract or agreement elements of boy it speaks to he says if there is an agreement by which the parties agree to preserve evidence well that's a special relationship and then you can move on to  correct after the circumstances i did there are any other circumstances i that's not necessarily an essential part of every case is certainly a relevant part in this case where there was no request this morning anderson though that even having a request in making we were the only real issue here then we can address that first but the question here is the relationship and whether there was any relationship there was no good exercise of the necessary control in this situation a duty that they may have owned is premised upon an allegation that leaves it comes up in the complaint that pete in the somehow acting as their agent that argument was not raised in this appeal there is no issue of agenc agency these internal memos don't apply to the ships themselves in any regard there is nothing that actually comes back to anything for the shit that been said pekin also does not have any duty in this case because the few things which were actually controlled by peeking where the wiring the smoke detectors which are still preserved there is no issue as to dollars there has been no voluntarily assume duty taken on by anybody and believe that one of the things that raised my  swear make sure all the same page there's no question that the reason why he came and went into and investigated and performing fire investigation where three people burned alive was because of the insurance policy and as well  and there are experts repeatedly testify whether this is the point of fact or not but they told me that when they perform the fire investigation when someone in context does that they have a duty responsibility to do so and find out this if you look at the fifth district cases we know what happened here they cannot argue that there was not an especially and when i suggested she knew this if in fact we know that to be true if you look at jones russa's o'brien or the martin actually controlled we have overwhelming facts here now i do think it's shocking and i think it's respectfully misrepresentation of the cases to say that there is a you have to make a request is a victim in order for that to trigger the duty i have maybe i misheard that but that is not the state of the law the only that one has to make a request in order for the do need to be imposed now in terms of this question of whether or not he can was where the complaints prior this was an interesting point that came up in the discovery of the case the courts look at the fact that the live school leader knew that there were problems alleged about the evidence before the evidence was destroyed why is that word because it goes to the issue of they should know not to destroy it and here pe