this is what people call for water in the bios in the city that show up and there was no water but clearly in this particular case the drawings were brought going back to your statement about every street spring in the city things that i thought i thought telling us that these are the specific areas these are what we have for this specific area we have to work with that too was asleep at the sweat shop that's the essence of the place position in this case didn't mr kilroy see the various reasons that you could have living with the most common reason was the humiliation of what the differences between these things but malik or the wiring seems to back of your remark for every three to four months they cash basis seems to fill and we have to pump it there are some things that can build up over time and we might be able to say to the city should figure out hey this is a pattern it's another thing if someone is just throwing something into the sewer and clogging up that could happen any time now if we were to hold the city responsible for that we are basically holding them to a duty to constantly inspect it monitor everybody to make sure nobody throws something in it to jam it up are we i don't think that there is necessarily the case and the reason i think it's necessary case is bad i have to believe it's a little bit easier to cleaned an hour earlier but if there's something thrown on top of this garbage that keeps the water from ever getting there that will be look fog up without the water reaching for we know from the police report there's no indication that there was anything sitting there bed that was the school there's no indication of anything period right i mean you can sit here and say the catch basin clog up that day and that's why that's why the flooding it doesn't reveal how it was cleaned or what was cleaned out so how do we know that it wasn't clothing that it wasn't just some other kinds of garbage that might have gotten trapped one lane of a fair lane presented a open obvious hazard as a matter of law but first want to address this question about the service records which are essentially the only evidence in the case about the history of this underpass now to my counting as some go through  and only in june of two thousand and six which is debris built up in the catch basin now i heard of this morning there's some sort of pattern to be found in these records but our position is that there is no pattern to be inferred it's an unpredictable series of events and because there are these multiple different ways in which a blockage can develop when you clean the caches and that doesn't spread vents garbage from blocking the drain over a week later when you clean the main sewer it doesn't record of this is the real problem analysis case is that she doesn't know it because the school board of the she's not entitled to assume that it must have been a breach of the city's duty to exercise ordinary care on people twenty fifth twenty four days after the ac process which actually suggests that it wasn't a condition that was bought so you don't say the droid could infer backwards from that you know really sparse records but it doesn't say what if any problem was found if anything was just go back earlier in your argument you indicated that there are two different individuals or entities one go from one goes out to do the inspection and cleaning but then someone else actually makes the report yes yes i'm not certain how there is any accountability with me spec to what the individuals who go out and actually see visualize what's going on on the claim and if they are unable to do that then that's that's to their detriment not ours they are all things in this record there that are missing that are out of question marks and so i actually think it's entirely possible that they  could have done more thorough discovery but this covers losses close now this accident is nine years ago i'm so i don't think we're going to find any new evidence about what caused this pool of water the last point that i wanted to make was just sort of  have a few minutes since i was listening to the argument just concluded i couldn't help but think to myself what a wonderful smart self insulating system we need records badly we