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

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

Document 93

Filed 11/07/2005

Page 1 of 4

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 7, 2005 FTR ­ Courtroom A-601 Fredric A. Bremseth

COURTROOM MINUTES TRIAL TO JURY ­ DAY 6 Court in session: Jury is present. Counsel present. Plaintiff is present. Also present: Mike Wright. 9:08 a.m. Plaintiff' witness, George Marvin Bull, previously sworn, resumes the s stand and is cross-examined by Mr. Hansen. Witness is referred to his deposition dated September 17, 2004, page 159, line 7; page 211, line 19. Defendant' Exhibits X, X, N, A-4, A-5, A-6, A-7, A-8 are identified, offered, s and admitted. Witness is referred to Defendant' Exhibit A. s Defendant' Exhibit A-14 is identified, offered, and admitted over objection. s Witness is referred to Defendant' Exhibit M. s Defendant' Exhibits A-15, A-16, A-17, A-18, A-19, A-20, A-21, A-22, and s A-23 are identified, offered, and admitted over objection. Court in recess: 10:35 a.m. 9:08 a.m.

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

Document 93

Filed 11/07/2005

Page 2 of 4

Court in session:

10:59 a.m.

Jury is present. Continued cross-examination by Mr. Hansen. Defendant' Exhibits A-24, A-25, A-26, B-1, B-2 are identified, offered, and s admitted over objection. 11:09 a.m. 11:26 a.m. 11:27 a.m. Redirect examination by Mr. Bremseth. Witness is excused. Plaintiff' witness, Dr. James Evenson, is sworn by the Court and examined s by Mr. Bremseth. Witness is tendered as an expert economist. Mr. Hansen does not object to the witness being tendered as an expert economist but objects to certain areas of testimony to be offered from this witness. The objection is overruled, and the Court will allow testimony from the witness as an expert economist. 11:36 a.m. Continued direct examination by Mr. Bremseth. 12:04 p.m. 1:08 p.m.

Court in recess: Court in session:

Jury is not present. Discussion regarding the Court' ruling on testimony of Dr. James s Evenson. 1:16 p.m. Jury is present. Cross-examination of Dr. Evenson by Mr. Hansen. Witness is referred to Defendant' Exhibit A-9 and B-2. s 1:39 p.m. 1:46 p.m. Redirect examination by Mr. Bremseth. Witness is excused.

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

Document 93

Filed 11/07/2005

Page 3 of 4

1:47 p.m.

Plaintiff' witness, Rose Ann Bull, is sworn by the Court and examined by s Mr. Bremseth. (No Cross-examination) Witness is excused. Jury is excused. Discussion and argument regarding documents Mr. Bremseth wishes to have admitted as exhibits. ORDERED: The Court will not permit Mr. Bremseth to introduce documents at this time unless the documents are introduced by stipulation of counsel. The Court finds that no witness is available to testify regarding the documents.

1:54 p.m. 1:57 p.m.

2:00 p.m.

Motion by Mr. Hansen for directed verdict and argument in support of the motion. Argument in opposition by Mr. Bremseth to motion for directed verdict. ORDERED: For reasons stated on the record, Defendant' motion for s directed verdict is DENIED.

2:02 p.m.

Court in recess: Court in session:

2:05 p.m. 2:28 p.m.

Jury is present. 2:29 p.m. Upon stipulation of counsel, the following exhibits are admitted: Plaintiff' s Exhibits 183; 184; 126, with redactions; 139, with redactions; 147, with redactions; 62; 346; 353; 359; 208; and 234. Plaintiff rests. 2:30 p.m. Defendant' witness, Gary Johnson, is sworn by the Court and examined s by Mr. Sinclair. Defendant' Exhibit Z is identified and offered. s 2:57 p.m. 2:58 p.m. 2:59 p.m. Voir dire of witness by Mr. Bremseth regarding Defendant' Exhibit Z s Argument re the admissibility of Defendant' Exhibit Z. s Defendant' Exhibit Z is admitted over objection. s

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

Document 93

Filed 11/07/2005

Page 4 of 4

Continued direct examination by Mr. Sinclair. 3:26 p.m. Cross-examination by Mr. Bremseth. Witness is referred to Plaintiff' Exhibits 79 and 83. s 4:13 p.m. Redirect examination by Mr. Sinclair. Witness is referred to Plaintiff' Exhibit 241. s 4:14 p.m. Witness is excused. 4:16 p.m. 4:25 p.m.

Court in recess: Court in session:

Defendant' witness, Greg Weames, is sworn by the Court and examined s by Mr. Sinclair. Witness is tendered as an expert in the areas of biomechanics and ergonomics. 4:37 p.m. Voir dire by Mr. Bremseth. No objection by Plaintiff to the witness being tendered as an expert. The Court will permit the witness to testify as an expert in the areas of biomechanics and ergonomics. 4:39 p.m. 4:49 p.m. 4:50 p.m. Continued Direct examination by Mr. Sinclair. Jury is excused. Discussion and argument regarding Rule 26 issues as to exhibits to be used with the current witness. ORDERED: Mr. Weames shall be produced by Defendant to Mr. Bremseth so he may interview him and determine the scope and opinions that will come out during examination. Court in recess: Total time in court: 4:56 p.m. 7:44