summary judgment was granted by the court on both defendants motions for summary judgment is our position that the summary judgment should not have been entered as to either defendant because  material issues of genuine fact precluded entry of summary judgment on the track and it's well it's the circumstantial evidence in this case that is off the record relating to sixth the city of geneva and mr amir declared that phase three of this snow plan the snow and ice plan was completed and the significance of the fact that peace three  record was some of the the no reports from i think it was two page the geneva observer from noah and then of course we have mister winter snow reports which we that there was no precipitation of any crime after december seventh or on december seventh eighth or ninth so what we have as of december sixth of the clean parking lot as of eleven o'clock  evidence of record is that there is no further precipitation b at this point in time until the accident occurred we have the plaintiffs testify that on the date of the accident december night she comes in at two o'clock am she says it's sunny and that the streets were wet she also indicated that there was snow in that parking lot and she also indicated that around the periphery of the parking lot and clipping the grassy knoll  on the southern side by we are the same dream is in the parking lot that there were snow piles in fact there were cars parked against the retaining wall and the  the east end of the parking lot and that snow was piled up to the posts of those vehicles so we have a situation where we have snow piles the sun is out  of those snow mouth for the accumulation of the ice that my client fell on opposing counsel in some of these in some of their bri is well there are a lot of other reasons how the snow could have gotten there and while we can speculate as to what those reasons were those reasons do not appear in the record in the form of sworn testimony as far as other cars coming in or detailed there are factual specifics and i'm not aware of any cases that dealt with a specific back train type of issue the only issue where we were talking about there are a lot of cases follow the snow and he told them to plow down into the south end of the area so some of them a lot of the snow was plowed off onto surface of the pavement which is nearly my client fell based on only the records and then they screw up the snow and then they drive it over to the entrance there is there are two entrances there and it's a one way parking lot where the they are the testimony is where they put the snow into the dump the dump is on route twenty one i'm sorry route twenty five this can't fit in the parking lot so then they move it over and then they d help truck and mr larry indicated that there are times when he's seen spillage out of the bucket his well during the procedure so help was had nothing to do with that but there's no piles have remained around the periphery of  constrained to is that it says that i believe the definition used by the city in the snow and ice plant is that it had been cleared of snow and ice from curb to curb so to me that means that we're working with in that way i don't think that there is any evidence record indicating one way or another and for me to indicate that i don't know that that wouldn't mean it's either something i do think though in all of the other cases or at least in the other cases cited in and discussed between counsel there has been some evidence in song independent evidence in addition to the victim then there was the action you could see the trickle of water that came from point to the slippery spot there was song and some evidence of your client testified that she you know he was second district case i understand what you're saying you're saying all these cases i think it was the metro train line you're saying the snow pile and the i think was johnson that there was a trail of ice between the snow pile and the pil bodies i don't think that we should limit in this case or fair trading did occur which is what our position it did occur rather that is our position and that the fact that the snow was placed in the location where the ice which actually for i don't think we need to see a continuous trail from a small amou it among us sitting here talking today that they needed to remove all of their police because if they left something behind it caused an injury to somebody they would have notice of their condition like they had notice of this here never saw any of the conditions in this parking lot he cannot attest to what the conditions were like on the wednesday before she fell around the night there she fell the only eyewitness to this none the statements in one of those winter storm records are attributable to any specific parking lot condition at any specific time council in their brief makes reference to one line where it was c mulation on the parking lot surface and that coincides with her testimony and this is again this is on five eighty four where she said she had snow all week we with the exception of the day before her was completed phase three that goes back to the zero unusual event it was just in one of the multiple weather records that he generated it wasn't anything specific to this parking lot he declared phase three was live on december first and second and did not return was not paul was not required to do any further work so between the second and the now and we assume that seven days a lapsed function of the city of geneva and the understanding and the contrary to me list and city was that hill was would be hauled to perform work as needed industrial a a superintendent of streets was the person who would make the decision to grant hill quit stand and that was what was done in december first and second we had a storm event much like we had last friday a large amount of snow over instances of what we call trace precipitation and we're not certain why if there was it could be should all just like cats past weekend we had fog and mist all of these things are preset that ultimately can leave indicated there is no evidence as to exactly where there was don and whether or not you know the snow was put back on the pavement but in any event whether or not it was done in the area of mis took checks for all there was not a result of anything the hill west did ok did not do this to a chance council talked about the fact that the record does not include any evidence of other cars coming in and out of this line this is a public lot right off of route twenty five across from the old no race and there is testimony that it was used by employees testified to there when she arrived for work that day a night as well it is a public clock so we don't know the exact number of cars that came in and out it is a common occurrence that cars driving in winter after a brief snow fall  and traffic water slush snow or whatever it is the pick up off the roadway to enter this lot you have to drive over the sidewalk that runs along route fifty five around her own vehicle could have brought in the water that ultimately froze again this would be the result of anything that hill quest did or didn't do  ran out of trying so i didn't get a chance to raise it but of course we would guess that the court reversed issue as well beginning to respond to your arguments let me ask question mr murphy in your mind is there anything other than grafter say so as i do not believe that the record supports any of his arguments and i wouldn't i would merely have asked that you look at the record that you look at it painstakingly because we have dealt with all of the issues that he's said it didn't snow the day before that she qualified by saying she thought it's no more towards the beginning of the week and there wasn't any establishment that she was at that location at any time in that week so there's just been a real that there was any she yes she said that she was working in the restaurant and that it was no precipitation that day and it was a sunny day