out on this one, fred. >> so avery you're disagreeing on this one. can the city be in control of the weather and that things such as a calamity like this kind of weather would stand in the way and it would be responsible still? >> yeah, well, that's exactly the point. i mean, mayor bloomberg made a point of saying he was disappointed. maybe that's evidence, i don't know what weight, the value of it is, but the fact is indeed when you have a major snowstorm, unless the state can show that the circumstances were so unreasonable and so foreseeable that it would have resulted in the death of yvonne freeman who had a heart condition, she was 75 years old, i think and i wish the family the best, but i don't see any liability coming out of this case. i think the case -- >> it is a sad case, the family is pursuing $20 million. let's talk about lance armstrong, he could be facing indictment by a grand jury.