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

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

Document 92

Filed 11/04/2005

Page 1 of 2

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 4, 2005 FTR ­ Courtroom A-601 Fredric A. Bremseth

COURTROOM MINUTES TRIAL TO JURY ­ DAY 5 Court in session: 9:15 a.m. Counsel present. Plaintiff is present. Also present: Mike Wright. 9:10 a.m. Plaintiff' witness, William H. Muzzy, III, is sworn and examined by Mr. s Bremseth. Witness is tendered as an expert witness and will be permitted to testify as an expert in the areas described on the record. Witness is referred to Plaintiff' Exhibits 11, 12. s Plaintiff' Exhibits 18, 21, 173, 174, 242, and 325 are identified, offered, s and admitted. Plaintiff' Exhibit 321 is identified, offered, and admitted over Defendant' s s objection. Court in recess: 10:57 a.m.

Court in session: 11:18 a.m. 11:18 a.m. Continued direct examination by Mr. Bremseth. Plaintiff' Exhibits 322 and 332 are identified, offered, and admitted. s

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

Document 92

Filed 11/04/2005

Page 2 of 2

11:32 a.m.

Cross-examination by Mr. Sinclair. Witness is referred to his deposition dated August 18, 2005, page 127, lines 2 through 6 and 9 through 11; page 137.

Court in recess:

12:09 p.m.

Court in session: 1:19 p.m. Jury is present. 1:20 p.m. Continued Cross-examination by Mr. Sinclair. Witness is referred to Plaintiff' Exhibit 322 and 321. s Witness is referred to his deposition dated August 18, 2005, page 169, lines 5 through 12. 1:26 p.m. 1:46 p.m. 1:47 p.m. Redirect examination by Mr. Bremseth. Witness is excused. Plaintiff' witness, George Marvin Bull, is sworn by the Court and s examined by Mr. Bremseth. 3:11 p.m. 3:35 p.m.

Court in recess: Court in session:

Jury is present. 3:36 p.m. Continued Direct Examination by Mr. Bremseth. Plaintiff' Exhibit 377 is identified, offered, and admitted. s Defendant' Exhibit A is identified, offered, and admitted. s 4:52 p.m. 4:53 p.m. Jury is excused. Out of the presence of the jury, discussion regarding scheduling of witnesses.

Court in recess: 4:54 p.m. Total time in court: 7:39