and that's and that's a that's part of the problem that is taking the situation in which a result person having to you are released like this and we're not arguing a type of wrong inducement pradhan executions of something like that but here is one person going through word observe should be qualified as observe a separate discipline was there some other problem with this release absolutely judge the other main area of this is that the restricted areas that's what they want to catch about the waivers but that would be for a undertaking claim that plaintiff james turley has alleged and that is based on the fact that despite the release in question that i think the defendants can still be liable under negligent voluntary undertaking and in order to do so a duty limited the extent of young undertaking can be imposed on a person that undertakes voluntary greece to perform a service necessary for the protection of another person and in this case the defendants elected in this supposedly restricted area to attract the metal fence slash barrier that is the exact same metal fence and barrier that protect the general grandstand  and to be able to put it in perspective for purposes of morgan county speedway there's three specific areas that the plaintiffs were hit and the night in question there is a restricted area where the cars are being pit crew hard to be and in and out there's actually no barrier in between the pit area and the racetrack the second area would be the grandstand and that's where you do not have to have a wristband record general public can go there and view the races of the spectators another area to be able to view the race from outside from the general grandstand area in this circumstance by the plaintiffs left the pit area that was on it was restricted it had absolutely no barriers and wanted protection so they went behind this fence there were no warning signs in the sixth standard grandstand area and in that area there's no warning signs indicating it's a restricted area there are no warning signs saying this is not for you know this will not for if you had a put option the plaintiffs were not put on any notice that that metal fence was not going to protect them the same way than if they were in the general grain stand area and so under this negligent voluntary undertaking aside from even the release in question the plaintiffs still have a claim for the negligent voluntary undertaking against the defendants in this circumstance because they did rely on this fence that was erected for the protection of them they relied on it and as such sustained serious injuries from it and under this plan they first the first because under her circumstance there were security lights that were installed for her protection and as a result of the security lights not working or having a failure of the landlord to tell her that this three lights were not working she the area where he was fifteen minutes before it before the race he left the area and then went into the restricted you know he just gained entry into it he just  would have turned away from the the pit area because one thing that was not mentioned yet fifteen minutes before this accident was a prior acts over near the pit area were where that scared him where he wanted to get say he went over there to that area the other thing that's also a little bit not bringing out here my client said that when he went north there nobody checked him coming and there was a guy at that gate whole opening checking people going out into the area and not coming in there he walked in there next there was also clothing he said it was kind of chilly that night he didn't know who did or did not have a response on he could not see there was no pits it's a dangerous location of course i'm going to sign a waiver there but once i realize it's dangerous he takes the extra step to go to an area that where the grandstands us which is a separate distinct area from where the pits are goes over there walks it should be up to the tractor too but he put people on notice where the restricted areas are passive that's not that's a given but the warehouse where else is restricted my client had no clue and there's i think it's a question of fact whether or not these protests since noon on that day that this area was a restricted area how do they know that what put them on notice he should be the it should be the practice of this of the racetrack who puts more notice of this is a restricted area if there are if they're going to outline and say you will waive your right to go into a restricted area then by golly please tell me where the restricted areas are don't make back in ninety eight this court decided flashman versus handsfree that case also involved a race track injury and champagne how many just a number of decisions sense that time have accepted the wisdom of this court's decision instruction and also the illinois supreme court's decision before we earlier in questioning the release itself says in consideration of being able to participate in any way including observe well being permitted to enter for any purpose any restricted area the person who signs that agrees to inspect for safety we if he feels it's unsafe agrees not to sue and  indemnified agrees to assume the risk of fog injury and death and no assurance that these activities are very dangerous and involve the risk of serious injury and that the and itself as i have read the agreement fully understand it understand they have the courts have found no reason to refuse to uphold the release some contention they didn't know this particular area was a part of the restricted area first of all as mr hurley freely acknowledged the reason they signed this release it's because they want to go into  restricted area the extended grandstand without an official check involved place mr baker is the same way in order to be able to gain access to any restricted the area the parties to sign this release the parties are free to make their own decisions they're free to leave they're free not to participate they're free areas and the and the grandstand which is open to the general public is not part of the restricted area i would say that the release does not so the question is how do we know for mission into that area mr eisner of all who says he had never been to a racetrack before is the only person who says that he thought the first one he says people checked in order to enter the extended grandstand area and it's very clear in this record the trial judge didn't didn't wasn't confused about what the facts are before the court but if you if you've has i understand that you could walk down to the first row the grandstand and then exit he there right or left and stand by the fence from the great state you would have access to the grandstand area because they had some relatives there who didn't pay the enhanced he didn't get a rest ban and in order to talk to those relatives they have to go up to the general grandstand area so if you think that could be important if the people who did not sign a release this paid their ten bucks for a regular ticket and walked down the grandstand the bottom level and went up to one of the s state by the feds watch the race i may not be visualizing you know due to my experience but i do think that and i hope this is somewhat responsible but i do think the testimony in the went to where his wife was sitting in the grandstand and had his meal with her and then life then returned to the restricted area she would not come to where he was but he would go to where she was well because when he left to join her them to come back here to go through the scar again or whatever where he was yes he had to have a he well first of all he said that he didn't he didn't know whether people respond thought or die and then he said that he thought you had to have them when you laugh but you didn't have time to come in and the nobody's doing anything he does not there's a guy standing over there toward the opening again it's not it's an opening up but with this lectern he's standing and i believe the test was what's that guy doing watch the races he's not doing you're looking at this release as a whole everything and if you're simply a spectator or someone at that point who's what that should do you know to be in the race that's what you'll see it's all these sorts of weird answers some people but car numbers down some people check a box some people but the science to get into the pit area and going to restrict areas that it's absolutely not the testimony of mr hurley mr lee specifically testified that he did not even see the language of the release that he was only provided with the signature line so you can to make an election that he didn't see any ability which he was not then given an opportunity to read the release or even contemplate or understand what this restricted area is yes he had been to races many times before and i do believe he stated a hundred times before experienced race car drivers are aware of the risks attendant increase car driving because you know he was not aware of the risk of a car or a racetrack going all the way into the grandstand area he had actually specifically testified that prior to nine question he had never seen a race car leave a race track and go into the grandstand merely want to ask your pro scrambles response to the yes they did they did find that the security system was a voluntary undertaking and that i'm doing so and i think that the ship we undertook that take under took putting in the security system that he can then become liable for any injuries that occur based on the plaintiff relying on that undertaking and that in that case there was a release witness called specifically stating that the lord was then not going to be helped liable for rejected that argument and see that when a landlord goes above and beyond and actually pursues and gives provides protection in a circumstance like a security system or in this circumstance a metal fence that wall and fence that's specifically the same as the general grandstand area and you want that protection you can't do it negligently and that if you do that it negates the releasing question and then goes under the negligent voluntary