fall well basically the plane took was employed as a security guard you know the best one was the cause of the cause of the fall was she slipped and fell on the popcorn styrofoam packing material while she was walking in a concrete aisle on the way back to the booth she was work they had absolutely nothing to do with styrofoam so how do you keep them in the case well there's ample evidence in the case that freeman was a general contractor freeman was the overall service contractor for the entire kitchen  respect to your argument or your comment that they allege they never use styrofoam within the deposition we took a different employee did state that freeman was contracted with to provide to dismantle and the question is did you do you have any evidence to to connect freeman to exhibitors in that general area we're fire a foam was used in the course of dismantling or  well there is testimony that freeman provided those services the dismantling of packaging services within the south hall which is the exact area in which the point of felt when you see exactly what kind of dimensions are we talking about well i mean run saying they're responsible for the safety and mccormick place they help with the health safety meetings in which they included all the other trades of the kitchen and bath show and additionally the testimony that we got was from the risk management there was a contract between freeman and united maintenance united maintenance was the company that was responsible for maintaining all of the show for our floor tiles specifically the general vacuuming of the aisles and freeman retained sufficient control doesn't answer how you show that they knew at four forty five they didn't go there like he did so they didn't know they and there's no testimony about what happened the several hours he worked at the show went to that  or well there's testimony that base the plane ticket testimony that typically when she worked the midnight shift cleaning crews that come in anywhere between four and six in the morning that's clear issue a fact that you know united men's would have had knowledge that this condition existed at that time that the plaintiff felt let me ask you this really regarding the service test that freeman maintained i don't you have to have evidence that someone came to freeman and regarding the need for cleanup near calm peace sixteen and then free men in the course of exercising its general kind of contract duties informed united maybe united didn't go or maybe freeman was informed but didn't tell united to go clean up don't you have to have some connection between freeman don't think we need that specific evidence judge because the way the service just worked was united was responsible for the show floor aisles and all files individual exhibitors could go to the freeman desk to request additional cleaning services for their boots so wealthy to the extent that freeman had any duty it was a duty that had to be triggered by someone's request and not the absolute duty to go about doing make sure that everything was clean if no one sought their sought their employees well freeman's duty is in place and in the respected united had a contract with freeman to provide the services for all show for a while now we're not saying that mr predicts fell in one of the specific booths if that was the case then yes somebody would have had to go to freeman but in this case she fell a concrete  with respect to the circuit court's ruling that struck a text didn't adequately articulate when and where she fell obviously based on her testimony the testimony of the security guard and the incident report that completed  and ruled that as a matter of law she didn't time adequately identify the location of the of the fall nor did she identify what caused her to fall and really it was only that ruling by judge davis that trigger the or that that's that supported his motion to dismiss correct but just based on that you were ruling you know obviously if you will that then thing and all of the elected mayor this motion alleged there this motion dealt specifically with location however do you think that the judge davis could go beyond the motion and rule on matters that are properly before your honor we contend united maintenance contends that the second secondary argument with regard to notice was argued properly by united mate was it raised in a written motion the motion merrit or if the motion that the order prepared by meredith joined in by all the other defendants if that meant that that order list a basis for the granting the motion as uncertain as to whether or not the summary judgment motion was granted based on no it is do we simply assume that it was or do we remain and certainly not your honor in situations that you know to review you may rule by summary judgment upon location secondly we argue that there is no notice his structure or actual your honour's i'm sure are aware of the deposition transcript of plaintiffs who said herself i'm not sure i'm guessing i said it could have been  and when someone says i'm guessing does that is that is that like a literal should we give that a literal literal meaning or can we take that as a pillow clearly that says that's simply a manner of speech that a person can g and sometimes can guess accurately and we don't look at the language we look at what the evidence supports and here when we look at the entire record and her testimony as well as the responder to her  s for help in fact the wind from helping her to the location where he believes the accident occurred in inspected that area and saw what he believed were debris on the ground can we just look at all that do you recall the number of the booth close to the point where the car accident occurred answer the poll with p something that's all i can tell you question the point here the point of your accident had letter p on it answer i vaguely remember a p on the po yes she said that she i was in serious pain there was no mother around and so after a while she started crying she said and was was it her cries for help that we're all your honor i believe that someone else found her and then there was a call made to see where i asked you our second argument with regard to the plaintiff provides no evidence that united actual or constructive notice of the alleged dangerous condition there is no evidence testified to is she thought that at times some cleaning contractors to her no one is identified as united and there's no doubt that position testimony that said united was there a cleaning convention again testify by mr massa there's no evidence tending to show that united was supposed to work during these hours there is no evidence tending to show that united work through the middle of the night and or that you  was supposed to be working during the dismantling process that felt really your honour's there's no nothing there before the court showing that there is some notice especially because the plaintiff said that sometimes leaning mccormick place of the cleaning emigrating contractor the cleaning contractors agreement required it to clean the loading dock and the same isn't the contractor honors although plaintiffs state that it is of the record really your honors there are certain properly granted i'm the grounds judge davis ruled upon i think it's a question i've been chomping at the bit to answer the issue moved away from what here they actually brought up which was the kimbrough issue to the fore one for the r statement one of the responsibilities of the contractor because of his response to the motion for summary judgment as it pertained to freeman decorating and because it was brought up in the plaintiff's response we addressed it in reply and as of an issue being waived or not considered by the judge davis is all clearly before him with written arguments but both parties on the with regard to freeman's role in this thing we did upgrade the services we did do some erection dismantling for some exhibitors that is different as mr massa testified from doing packing and shipping we had no responsibility for cleaning up the aisles we had no responsibility for cleaning of the poo function was to be there during the move up period between seven thirty in the morning and five pm we were not there at five or four o'clock in the morning and then let me ask you this i just saying that your duties did not and were not triggered until  mcbride point out united had a contract that said before during and after or your contract only regarded after no were there before the show we do a previous show inspection were there during the show because we're running the service judge and justice not just make this perfectly clear we did have safety meetings and we did have one first by mr massey but as mr mnason pointed out that's with regard to the trades that work for freeman that wouldn't include united that wouldn't include purity employees that had no authority and control over united except if someone came to the service does saying you know our booth is kind of filthy could we have it cleaned we would write up the work will for united to go clean up the booth it was a matter that occurred in the aisle as mr massa pointed out that be between show management who is no longer a party here and united to deal with that was not a function of freeman in this case and because we had no duty with regard to cleaning because we had no oversight with regard to the clean contract because our safety responsibilities did not extend to superintend in any of the cleaning operations really the safety operations of any other contractor other than ourselves we cannot be held liable in reception for one corps as interpreted by th objection so that is admissible evidence and should be considered and consider in motion a summary judgment secondly your honor counts for united maintenance made reference to the fact that the contract between united nations freeman was not before this court we did judge davis had it in camera inspection of the contract united maintenance or i believe freeman objected to its production on the basis of trade secrets and after the in cameron special the only pages