let everybody get settled first oath he began working in a state where the twelfth of two two thousand and twelve the date of lax it was nine september the twelfth which was seven months later records and i have a very difficult time i could have done if that would do said it was a little bit of magnifying glass i couldn't even i couldn't even see what they were i'm remembering there was some kind of evidence i'm asking you so you can correct me or repairs that were conducted i'm saying that there was some kind of an indication from an expert or some other person who said that roofs like this should be replaced or repaired every twenty years you get  have you can prove that there was problems with it's all to repair and you have an expert who testified and said it must be accepted if true because of both your summary judgment is a very hard for him but it keeps you from pleaded when you see all the problems we had up to we have photographs to photograph and everything else for the court to say there was not anything we wouldn't a scintilla of evidence don't add up when you look at the things and you look at the real facts if list of leak locations where that was occurring and those were an entirely different departments of the store and it different times there's nothing in the record showing that there was an active roof leak from a skylight where she fell they don't do that's nothing directly showing there was an active roof leak from a skylight anywhere in the store at the time she so that the documents the judge climate ask you about wouldn't apply to this case because it you've told us that that only dealt with repairs to a skylight that the plaintiff has brought them up and that he has assumed that the leaks came from the scouts but what's in the record doesn't show that there were any leaks from the skies where the location where the incident occurred what what does the record show if anything about one way or the other about whether there were leaks other then from skylights there is there is no that's a very good question there is was sometimes doesn't water i live in an old house i know this only too well but if your roof is leaking sometimes the water travels to find a place to to accept it doesn't always mean perhaps the water gets  repairs looks like a contested issue to me well mr newman referred to testimony from the manager who said that the leaks had not been repaired and the slip and fall incidents were come would you comment and then that involved putting tape on the ground to mark out the spot where they were with it was occurring and then putting out pens and buckets you know to make sure there was and the problem is here there was nothing to trigger that system in place because there was nobody at wal mart knew that there was any water on the floor in the air with the incident occurred did the manager say just made a note here when mr newman described the manager's testimony that he said the manager said the slip and fall and students were comma did did i'm not asking you whether that's true or false i'm asking whether the manager said that in the summary judgment record he did say  but the case you're on it really boils down to one simple issue the plaintiff you simply cannot meet her burden of proof that under the emotion liability statute wal mart either created hazardous condition or had notice of one in the location where she fell the point of argument would have this court assumed that wal mart knew of a hazardous condition where the incident occurred simply because the refit issue had experienced leaks in the past notice and recently dangerous condition at the location of the ball and she has not and cannot do that i was going to start it doesn't require you to have notice if you created the condition but ok up there repairing the roof or not repairing the roof that could be considered disagreeing with it but i do start from that point to us not precedent there is this debate not a national debate or whatever there's this disagreement about whether the kid condition is the leaky roof that needed to be replaced or whether the condition is only the specific spot where there is water on the floor i would say this case is relatively simple problems but is a much harder case if the condition that we have to find that you created your car is that spot with that water on the floor which your best louisiana case  respond to my suggestion that the maybe two different condition what the court held that way was consistent with we see the cases on on say that despite wal mart's now age potentially the fact question of leaks bringing up a new places is the rain continues to fall in the months go by that in less the plaintiffs can show  not that condition on the roof but still must show that the particular place where the woman fell they must be aware that that spot was going to be a dangerous location don't mean that just that they would have found evidence that showed directly above where she fell or where the path of the water may have flowed to that the source of that water was a hole in the roof not that an employee knew about it in advance now would that have helped the so i don't know what you move on but let me ask you some you're relying on gray but in gray the problem was that they didn't provide any evidence that wal mart risks responsible for the maintenance of its own roof that's totally different here where you have court focused on and what the grey case turned on was that in the absence of evidence connecting wal mart employee is to the ruefully no issue of fact exist regarding whether this skylight i mean you've got the evidence and this case where gray didn't have come forward with the evidence they didn't even show that wal mart was responsible for maintaining the roof so maybe they didn't own that delving into you on this building you on this roof but you have another case but it well if i could go back to the fact that and i do think this is just like way in the sense that there's nothing connecting contractor that you hard someone working on your behalf working on the roof doesn't have to be an employee it could be someone employed by you like us sub contractor but the burden is on the planet t wal mart paid for contractors to maintain its roof yes that's the difference with gray but what you know but it doesn't show that any wal mart employees were wal mart doesn't take care of the roof it's managers and yes national office and everybody else in america connected is responsible also for free and to make sure that it doesn't leak but the wal mart certainly was on notice of many leaks in israel from the some and you can tell me there's anybody who actually said this person like a manager did that knew leaks would come up frequently so until that new leak is found got a four month period so and this is one hundred thousand square foot so what we're not talking about leaks all over the place all the time but in that a very limited amount of leaks and none in the place where she says she fel i think our acoustics are bad today hurricane and i think it may have done the time it's a completely different different case here the leaks continued there is no question about it they were all over the place until such time