You're listening to continuing coverage of the Abby Zwerner Civil Trial from the Hidden Killers podcast and True Crime Today.

The last point here, Judge, is that was also an express underdifun case, Judge.

The reason why the court said, hey, yeah, we're going to remand with instructions you can proceed with an assumed duty theory here is because there is evidence

and the plaintiff they argued they argue that quote burns assumed a duty to investigate the report

of a potential fight on school grounds and notify school security about the fight under the

principle of a subject of a duty because burns told diaz that he would quote alert security end quote and quote

look into it and quote and finally take care of it those are express promises and

assurances to do something that's in Burns they applied that doctrine which is what

the defense has been advocated for throughout.

The court should preclude the plaintiff from now shifting the goalposts, changing their legal theory, especially now that we're a trial,

when throughout they have maintained this is an express undertaking case.

We're relying on Burns.

In court now, and yesterday, they said we're still relying on Burns but

guess what this is not a third party criminal harm case that racist and process

problems judge it's an appropriate reprobate problem it's just a fundamental

fairness problem and it's also just in consistent with Burns burns burns was a

third party armed case too thank you your response your honor if'm counting correctly, this is the sixth time we have argued this.

We argued at the demurter stage, they lost.

We argued at the summary judgment stage, they lost.

Argued at the motion for directed verdict, lost.

End of the case, summary judgment lost jury instructions arguments

last week they lost this is a notice pleading state the court has addressed every

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