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

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

Document 90

Filed 11/03/2005

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 2, 2005 FTR ­ Courtroom A-601 Fredric A. Bremseth

COURTROOM MINUTES TRIAL TO JURY ­ DAY 4 Court in session: 9:02 a.m. Counsel present. Plaintiff is present. Also present: Mike Wright. Jury is not present. Discussion regarding the trial schedule. Discussion regarding Defendant' objection that Plaintiff' witness, Jeffrey Kleiner, s s M.D., may testify as to causation. Jury present: 9:10 a.m. 9:09 a.m. Plaintiff' witness, Jim C. Scott, previously sworn on November 2, 2005, s resumes the stand and is further cross-examined by Mr. Hansen. Witness is referred to Plaintiff' Exhibit 242. s Witness is referred to his deposition dated May 3, 2005, page 216, line 1, line 20; page 217, line 1; page 226, line 1; page 234, line 14; page 237, line 19. 9:25 a.m. Redirect examination by Mr. Bremseth. Witness is referred to Plaintiff' Exhibit 242. s

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

Document 90

Filed 11/03/2005

Page 2 of 3

Plaintiff' Exhibit 61 is identified, offered, and admitted over Defendant' s s objection. Plaintiff' Exhibit 192 is identified, offered, and admitted. s 9:46 a.m. 9:47 a.m. Witness is excused. Plaintiff' witness, Jeffrey Bruce Kleiner, M.D., is sworn by the Court and s examined by Mr. Bremseth. 10:45 a.m.

Court in recess:

Court in session: 11:17 a.m. Continued direct examination by Mr. Bremseth. 11:21 a.m. Cross-examination by Mr. Hansen. Witness is referred to his deposition dated February 16, 2005, page 21, line 15; page 23, lines 13 through 23; page 60, line 19. 12:08 p.m. Redirect examination by Mr. Bremseth. 12:15 p.m.

Court in recess:

Court in session: 1:27 p.m. Jury is present. 1:28 p.m. Plaintiff' witness, Tyler A. Kress, Ph.D., is sworn by the Court and s examined by Mr. Bremseth. The witness is tendered as an expert witness in the area of engineering. No objection from Defense counsel. The witness will be permitted to testify as an expert in his area of expertise. Witness is referred to Plaintiff' Exhibit 2. s Plaintiff' Exhibits 156, 11, 165, 175, 244 are identified and admitted. s Witness is referred to Plaintiff' Exhibit 61, 78. s Plaintiff' Exhibits 186, 196, 81, 85, 91, 215, 222, and 257, are identified s and admitted.

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

Document 90

Filed 11/03/2005

Page 3 of 3

Court in recess:

2:56 p.m.

Court in session: 3:21 p.m. Jury is present. 3:21 p.m. 3:32 p.m. Continued direct examination by Mr. Bremseth. Cross-examination by Mr. Sinclair. Witness is referred to his deposition dated August 11, 2005, page 74, lines 20 through 24; page 75, lines 8 through 12; page 76, lines 8 through 16; page 77, lines 4 through 11. 4:55 p.m. 5:09 p.m. 5:10 p.m. Redirect examination by Mr. Bremseth. Jury excused. Out of the presence of the jury, Court and counsel discuss scheduling of witnesses.

Court in recess: 5:14 p.m. Total time in court: 8:12