by a pickup truck which failed to yield to him coming from his left therefore from have trucks right he hits him squarely this isn't the front in an intersection collision this is where my  is well into we're exiting in his direction west and he gets hit squarely in the door he's showing an empty flatbed trailer another indication that he could not have been leading up to this little bridge and we're talking about feet yards and it's a few yards but it's so located just past the road that forms the intersection with the road he's u surface of the bridge rather than flipping over going to the yes no consuls caissons i think are skillful but they're kind of like the guy in the circus with the knives who throws a spinning putting over the side of the bridge and severe head and shoulders injury and therefore is indeed the direct proximate cause of serious injuries in this case two six fifteen into nineteen motion which under the commentary in that section will generate walk indicates if you very both of those is a combined motion you should split them out so the court knows that this really would withstand the impact to question trucks even states of white pickup trucks yet not to and thereby prevent one step from going over the bridge and exacerbating the effect really and there were there were be no opportunity for the me or the installer of the bridge to be criticized because he didn't put one there and it's not necessary and he didn't have to and so we did evidence streams that should be tested by the perfect but he jumped over that in phone bit as a matter of law having a british ruling is not required there's no duty to maintain it well but the footnotes to that say that's a really good ration of rule fifteen which is always said that you're you're pleading send your allegations as long as they are for the court and support your claim that you're being hurried into a decision we had all of those things we cited to you published engineering data this isn't any different from the more modern trend in many cases including civil rights case other cases to cite to scientific evidence on you yeah we've got a duty here with these bridges and railings but only for normal conditions pray tell what isn't normal condition for safety where it's to prevent additional harm or is it says in some of these cases leaving the roadway in order to suffer these severe injuries he he striding across the bridge he said nothing by himself except get hit from the side  putting up things made up well some would in the illusion that there are real that would be disastrous a terrible piece of public policy we're spending money allegedly to maintain the six coda i mean mr milton was driving at a high rate of speed the complaint sets forth that the book vehicles involved were pickup trucks the complaint further alleges that after this significant impact in the middle of the the bridge car went into the debt and in that case there was no duty because that was not the intended purpose of the guardrail this like in this case to withstand that kind of an accident but th a the first and only version of this line there's out right yes is there a problem with the plank of not having had an opportunity to replace or to six fifty if you think that  wall that would have prevented the perhaps reality that mr miller's truck which had a flatbed trailer attached rather than going down into the creek but then this truck probably want to split in half so it's a no win situation this terrible other arguments dealing with the other allegations of negligence i mean there's no question that a township does not have a duty to install stop signs you'll size there's no duty the circumstances of this case that there is no duty so for these reasons we asked sir or saves reasonable and foreseeable that's the basis for the duty and the other thing is the protection for the defendant in this case is comparative negligence he's got a perfectly good argument that the vast majority of this was caused by the speeding truck really what the force is whether we're involved in what he thinks in his bill picture was the police there are experts engineers records and the records of