was that there is an ambiguity on the design to carry fifteen or fewer passengers and i think that it's pretty clear that means of vehicles that are up to fifteen capacity and lower that are ten or less passengers in a vehicle and they describe them as cars of station wagons suburbans not all of them have that capacity of ten passengers so they understand that we're talking about when it's a design to carry fifteen or fewer passengers we're talking about albeit was up to the fifteen passenger capacity our vehicle so i think it's pretty clear that it's not they've us it's pretty clear in the industry that it's understood what it's not i'm here because of the claiming that we have an implied private right of action clearly the plaintiff is a member injury was she was you know injured in our vehicle accident certainly his face was designed to prevent her problems of having all these medical bills and loss of income and whatever  state court use their conduct by a leading legislator rules is negligent and if a stage three violation acts may cause an injury of the kind the legislature had in mind when if there is a cause of action here that should be allowed an internal look further says that when a legislative provision protects a class of persons by prescribing or requiring certain conduct but does not provide a civil remedy for their violation the court may if it determines at the remedy is appropriate in furtherance of the purpose of legislation and needed to assuredly effectiveness of the provision according to an injured member of the class a right of statute and we have neither the secretary of state or the attorney general filing charges against them so if you're not going to force it it's like they're not going to follow  if there's a potential that ok to get in the accident and you don't have the coverage you're going to be liable for that amount of money the two million fifty thousand dollars check that now five hundred thousand dollars are passed so i think that we should have a private right cause of action that remains pending in the in the trial right  and you're asking for a stay and then b approach works just deciding this issue so if there's there's nothing wrong with the fact that it's pending in the trial court when the fellow or is doing this was the last question is there any import to the fact that unless you disagree with what counsel said that p t i conceded in the appellate court the truck worth ruling and whether that section creates a private right of action was not fin motorist coverage and because the statute of tainted limitations run so i don't know whether or not your car claim could even stand if you don't if that if you don't have standing for that it's passed and you don't have any threat i would say there's even an implied private right of action i mean some statutes provide sanity's administrative review so's a person can go through that process but there is no run if the statute doesn't provide any kind of review for were serious but here you don't have one because it's the statute limitations pass rights but you're thinking about the possibility of others but we're talking about this case we certainly have we're talking about back in the day now not what's happening now back in the day the entire case is dismissed how could why would the defendant choose to file a three or four a when the whole case is dismissed his case was dismissed he plays one with the defendant have filed a three or four a after the case was been talking about what is the difference because mr griffin is right if this court has said oh this did not have in different cases this did not have to be determined on the constitutional issue and found another basis right to rule what's the difference between that and what happened in this to talk about the elephant in the room i try to conduct a evidence up of the deposition of my creator her records were not in the archives so i had to to fisher and said we are not going to expand the common law of repel a part of this charge so even though the court says we're just going to be you know