Free Jury Trial - Held - District Court of Colorado - Colorado

Case 1:04-cv-00560-OES-BNB

Document 94

Filed 11/08/2005

Page 1 of 3

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO MAGISTRATE JUDGE O. EDWARD SCHLATTER Case No. 04-cv-00560-OES-BNB Cathy Coomes, Deputy Clerk GEORGE M. BULL, Plaintiff(s), vs. UNION PACIFIC RAILROAD COMPANY, Defendant(s). Mark Christian Hansen Don Sinclair Date: November 8, 2005 FTR ­ Courtroom A-601 Fredric A. Bremseth

COURTROOM MINUTES TRIAL TO JURY ­ DAY 7 Court in session: 9:06 a.m. Jury is not present. Counsel present. Plaintiff is present. Also present: Mike Wright. 9:06 a.m. Discussion regarding the results of Mr. Bremseth' interview with s Defendant' witness, Greg Weames, and the opinions and testimony he s will offer. Mr. Bremseth objects to any testimony or presentations by Mr. Weames outside the report submitted before trial pursuant to Rule 26. The objection is overruled, and the Court will allow Mr. Weames to testify in the manner described by Mr. Sinclair on the record. 9:11 a.m. Jury is present. Defendant' witness, Greg Weames, previously sworn, resumes the stand s and is further examined by Mr. Sinclair. Witness is referred to Defendant' Exhibits C-5, C-6, C-7, C-8, C-9, C-10, s and C-11. The exhibits are published to the jury for demonstrative purposes only. 10:01 a.m. Cross-examination by Mr. Bremseth.

Case 1:04-cv-00560-OES-BNB

Document 94

Filed 11/08/2005

Page 2 of 3

Court in recess:

10:34 a.m.

Court in session: 10:57 a.m. Jury is present. Continued Cross-examination by Mr. Bremseth. Witness is referred to Defendant' Exhibit C-5, and Plaintiff' Exhibit 346 and s s 359. 11:25 a.m. 11:30 a.m. 11:32 a.m. Redirect examination by Mr. Sinclair. Witness is excused. Defendant' witness, Greg Pietruszynski, is sworn by the Court and s examined by Mr. Sinclair. 12:05 p.m.

Court in recess:

Court in session: 1:27 p.m. Jury is present. Continued direct examination by Mr. Sinclair. 2:11 p.m. Cross-examination by Mr. Bremseth. Plaintiff' Exhibits 99, 113, and 51 are identified, offered, and admitted. s Witness is referred to Plaintiff' Exhibits 183, 184, 126, 139, 147, 208, s 346, 353, 359, 313, 67, and 215, 3:11 p.m. 3:14 p.m. 3:15 p.m. Redirect examination by Mr. Sinclair. Re-cross examination by Mr. Bremseth. Witness excused. 3:15 p.m. 3:42 p.m.

Court in recess: Court in session: Jury is present.

Defendant' witness, Kurt Dudley, is sworn by the Court and examined by Mr. Hansen. s Witness is referred to Defendant' Exhibits A-14 and A-15. s

Case 1:04-cv-00560-OES-BNB

Document 94

Filed 11/08/2005

Page 3 of 3

3:57 p.m. 4:04 p.m.

Cross-examination by Mr. Bremseth. Defendant' witness, Joe Blythe, is sworn by the Court and examined by s Mr. Hansen. Witness is referred to Defendant' Exhibit A-16, A-17, and A-18. s

4:13 p.m. 4:14 p.m.

Discussion off the record at the bench. Back on the record, continued direct examination by Mr. Hansen. Witness referred to Defendant' Exhibits A-19, A-20, A-21, A-22, A-23, s A-24, A-25, A-26, B-1, and B2.

4:39 p.m. 4:57 p.m. 4:59 p.m.

Cross-examination by Mr. Bremseth. Redirect examination by Mr. Hansen. Re-cross examination by Mr. Bremseth.

Court in recess: 5:01 p.m. Total time in court: 7:55