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

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

Document 88

Filed 11/01/2005

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 Mike Wright Date: November 1, 2005 FTR ­ Courtroom A-601 Fredric A. Bremseth

COURTROOM MINUTES TRIAL TO JURY ­ DAY 2 Court in session: 9:08 a.m. Counsel present. Plaintiff is present. Jury is not present. Discussion regarding witnesses being excluded from the courtroom. Jury present: 9:12 a.m.

The Court reads preliminary jury instructions to the jury. Opening statements by Mr. Bremseth: Court in recess: 10:46 a.m. 9:54 a.m.

Court in session: 11:07 a.m. Jury present. Opening statements by Mr. Hansen. Court in recess: 12:09 p.m.

Court in session: 1:35 p.m.

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

Document 88

Filed 11/01/2005

Page 2 of 2

Jury is present. 1:36 p.m. 2:12 p.m. 2:44 p.m. 2:52 p.m. Plaintiff' witness, Floyd Paul Martinez, is sworn and examined by Mr. s Bremseth. Cross-examination by Mr. Hansen. Redirect examination by Mr. Bremseth. Witness is excused. 2:53 p.m.

Court in recess:

Court in session: 3:20 p.m. Plaintiff' witness, James M. Gracey, Ed.D., CRC, CLCP, is sworn and examined by Mr. s Bremseth. Witness tendered as an expert in the area of rehabilitation counseling, and the Court will permit him to testify as an expert in that area. Continued examination of James M. Gracey. 4:10 p.m. 4:11 p.m. Off-the-record discussion at the bench regarding testimony of James Gracey on direct examination. Back on the record. Cross-examination of witness by Mr. Hansen. Witness identifies Defendant' Exhibit I. s

Witness directed to Deposition dated March 1, 2005, page number 31, lines 5 through 9, and lines 21 through 25. 4:34 p.m. 4:40 p.m. 4:41 p.m. 4:42 p.m. Redirect examination by Mr. Bremseth. Witness is excused. Jury is excused for the evening. Out of the presence of the jury, discussion regarding Mr. Hansen' s objection to testimony of James M. Gracey regarding income of Plaintiff.

Court in recess: 4:47 p.m. Total time in court: 6:12