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

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

Document 89

Filed 11/02/2005

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 3 Court in session: 9:04 a.m. Counsel present. Plaintiff is present. Also present: Mike Wright. Jury is not present. Discussion regarding Defendant' objection that Plaintiff' witness, Steven J. Beer, s s M.D., may testify as to causation. For reasons stated on the record, the Court will proceed on a question-by-question basis during the testimony of Dr. Beer and Defendant' objections to testimony s regarding causation. Discussion regarding court schedule. Jury present: 9:17 a.m.

Plaintiff' witness, Steven J. Beer, M.D., is sworn by the Court and examined by s Mr. Bremseth. Witness identifies Plaintiff' Exhibit 376. s 10:00 a.m. Cross-examination by Mr. Hansen. Witness is referred to his deposition taken on February 23, 2005.

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

Document 89

Filed 11/02/2005

Page 2 of 3

Witness is referred to Defendant' Exhibit O. s Witness referred to his deposition taken on February 23, 2005, page 25, lines 7, 21, and 25. 10:28 a.m. 10:31 a.m. 10:32 a.m. 10:33 a.m. Redirect examination by Mr. Bremseth. Re-cross examination by Mr. Hansen. Further redirect examination by Mr. Bremseth. Jury is excused. Out of the presence of the jury, the Court provides counsel with cases as to treating physicians' testimony regarding causation. 10:36 a.m. Continued discussion regarding testimony as to causation. 10:37 a.m.

Court in recess:

Court in session: 10:53 a.m. 10:54 a.m. 11:33 a.m. 11:54 a.m. 11:55 a.m. Plaintiff' witness, Larry G. Wessell, is sworn by the Court and examined s by Mr. Bremseth. Cross-examination by Mr. Hansen. Redirect examination by Mr. Bremseth. Witness is excused. 11:56 a.m.

Court in recess:

Court in session: 1:04 p.m. Jury present. 1:05 p.m. 1:32 p.m. 1:43 p.m. 1:48 p.m. 1:49 p.m. Plaintiff' witness, Charles Albert Turner, is sworn by the Court and s examined by Mr. Bremseth. Cross-examination by Mr. Hansen. Redirect examination by Mr. Bremseth. Witness is excused. Plaintiff' witness, Alvin Carley, is sworn by the Court and examined by s Mr. Bremseth.

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

Document 89

Filed 11/02/2005

Page 3 of 3

2:06 p.m. 2:12 p.m. 2:15 p.m. 2:17 p.m. 2:25 p.m. 2:34 p.m.

Cross-examination by Mr. Hansen. Redirect examination by Mr. Bremseth. Witness is excused. Plaintiff' witness, Ted Maxwell, is sworn by the Court and examined by s Mr. Bremseth. Cross-examination by Mr. Hansen. Witness is excused. 2:34 p.m.

Court in recess: 3:10 p.m.

Jury is present. Plaintiff' witness, Jim C. Scott, is sworn by the Court and examined by s Mr. Bremseth.

3:19 p.m.

Voir Dire of witness by Mr. Hansen regarding his qualifications as an expert in the area of railroad operations.

ORDERED: The witness will be permitted to testify as an expert in the area of railroad operations. 3:24 p.m. Continued direct examination by Mr. Bremseth. Witness is referred to Plaintiff' Exhibits 2, 78, 79, 82, 263, which are s offered and admitted. 3:43 p.m. Discussion regarding exhibits. Plaintiff' Exhibit 12 is identified, offered, and received over Defendant' s s objection. Continued direct examination by Mr. Bremseth. Plaintiff' Exhibits 14, 34, 67, 70, 75, 84, 228, 242, 313, 217, and 281 are s identified, offered, and admitted. Plaintiff' Exhibit 74 is identified, offered, and admitted over Defendant' s s objection. Plaintiff' Exhibit 83 is identified, offered, and admitted over Defendant' s s objection. Cross-examination by Mr. Hansen.

3:46 p.m.

4:39 p.m.

Court in recess: 5:06 p.m. Total time in court: 8:02