Free Proposed Pretrial Order - District Court of Colorado - Colorado

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

Document 72-2

Filed 10/21/2005

Page 1 of 14

EXHIBIT LIST CASE NUMBER: 04-cv-00560-OES-BNB PLAINTIFF'S LIST_____ DEFENDANT'S LIST PAGE NUMBER: 1 X THIRD PARTY LIST ____ DATE: October 20, 2005

CASE CAPTION: GEORGE M. BULL v. UNION PACIFIC RAILROAD COMPANY

LIST PLAINTIFF'S EXHIBITS BY NUMBER (1, 2, 3, ETC.) and DEFENDANT'S EXHIBIT BY LETTER (A, B, C, A1, A2, A3, B1, B2, B3, ETC.) EXHIBIT NO./LTR. WITNESS DESCRIPTION STIP. OFFER REC'D REFUSED RULING RESERVED COMMENTS/ INFORMATION

A

B C D E F G

H

Report of Personal Injury of Occupational Illness completed by the Plaintiff on March 2, 2003 Plaintiff's 705 Report Plaintiff's Statement F. P. Martinez 705 Report USSC Model 9010 Locomotive Seat Seats, Inc. Locomotive Seat Coach and Car Standard Locomotive Seat Jagger or J.T. Nelson Standard Locomotive Seat,

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

Document 72-2

Filed 10/21/2005

Page 2 of 14

EXHIBIT LIST CASE NUMBER: 04-cv-00560-OES-BNB PLAINTIFF'S LIST_____ DEFENDANT'S LIST PAGE NUMBER: X THIRD PARTY LIST ____ DATE: October 20, 2005

CASE CAPTION: GEORGE M. BULL v. UNION PACIFIC RAILROAD COMPANY

2

LIST PLAINTIFF'S EXHIBITS BY NUMBER (1, 2, 3, ETC.) and DEFENDANT'S EXHIBIT BY LETTER (A, B, C, A1, A2, A3, B1, B2, B3, ETC.) EXHIBIT NO./LTR. WITNESS DESCRIPTION STIP. OFFER REC'D REFUSED RULING RESERVED COMMENTS/ INFORMATION

I

J

K L M N O P

Physical Work Performance Evaluation Summary dated August 19, 2003 Maintenance, Inspection and Repair Records for UP6263 Notes by Bill Kirby re: conversation with F. P. Martinez Report from Dr. Gracey Medical records from Dr. Kleiner Medical records from Dr. Haller Medical records from Steven J. Beer, M.D. Medical records from Robert J. Benz, M.D.

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

Document 72-2

Filed 10/21/2005

Page 3 of 14

EXHIBIT LIST CASE NUMBER: 04-cv-00560-OES-BNB PLAINTIFF'S LIST_____ DEFENDANT'S LIST PAGE NUMBER: X THIRD PARTY LIST ____ DATE: October 20, 2005

CASE CAPTION: GEORGE M. BULL v. UNION PACIFIC RAILROAD COMPANY

3

LIST PLAINTIFF'S EXHIBITS BY NUMBER (1, 2, 3, ETC.) and DEFENDANT'S EXHIBIT BY LETTER (A, B, C, A1, A2, A3, B1, B2, B3, ETC.) EXHIBIT NO./LTR. WITNESS DESCRIPTION STIP. OFFER REC'D REFUSED RULING RESERVED COMMENTS/ INFORMATION

Q

R

S

T

U

V

Medical records from Cheyenne Radiology Group 09/04/02 Report of Dr. Neil Cooperrider, Ph.D. 12/17/04 Report of Dr. Neil Cooperrider, Ph.D. Report of Stanley Bigos, M.D. including all exhibits Report of Greg Weames including all exhibits Union Pacific Railroad Locomotive Cab Seat Specifications, 10.6.2.3.11, Through Freight Locomotives

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

Document 72-2

Filed 10/21/2005

Page 4 of 14

EXHIBIT LIST CASE NUMBER: 04-cv-00560-OES-BNB PLAINTIFF'S LIST_____ DEFENDANT'S LIST PAGE NUMBER: X THIRD PARTY LIST ____ DATE: October 20, 2005

CASE CAPTION: GEORGE M. BULL v. UNION PACIFIC RAILROAD COMPANY

4

LIST PLAINTIFF'S EXHIBITS BY NUMBER (1, 2, 3, ETC.) and DEFENDANT'S EXHIBIT BY LETTER (A, B, C, A1, A2, A3, B1, B2, B3, ETC.) EXHIBIT NO./LTR. WITNESS DESCRIPTION STIP. OFFER REC'D REFUSED RULING RESERVED COMMENTS/ INFORMATION

W X Y

Z

A-1

A-2 A-3

A-4

A.A.R. Locomotive Cab Seat Evaluation (1980) UPRR Safety Rule 81.7.2 Memo from KEE dated November 29, 2004 Union Pacific Railroad Locomotive Cab Seat Evaluation UPRR ­ Task Detail Report ­ Inspect Cab Seats Daily Locomotive Inspection UPRR Locomotive Cab Seat Replacement Program Chronology Photograph of seats in UP6263

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

Document 72-2

Filed 10/21/2005

Page 5 of 14

EXHIBIT LIST CASE NUMBER: 04-cv-00560-OES-BNB PLAINTIFF'S LIST_____ DEFENDANT'S LIST PAGE NUMBER: X THIRD PARTY LIST ____ DATE: October 20, 2005

CASE CAPTION: GEORGE M. BULL v. UNION PACIFIC RAILROAD COMPANY

5

LIST PLAINTIFF'S EXHIBITS BY NUMBER (1, 2, 3, ETC.) and DEFENDANT'S EXHIBIT BY LETTER (A, B, C, A1, A2, A3, B1, B2, B3, ETC.) EXHIBIT NO./LTR. WITNESS DESCRIPTION STIP. OFFER REC'D REFUSED RULING RESERVED COMMENTS/ INFORMATION

A-5 A-6 A-7 A-8 A-9 A-10 A-11

A-12 A-13 A-14

Photograph of seats in UP6263 Photograph of seats in UP6263 Photograph of seats in UP6263 Photograph of seats in UP6263 AAR Work Life Expectancy Table LMI 5201 for UP6263 FRA Inspection Report of Track at Medicine Bow 02/28/03 Date Book for Mike Wright Track Inspection Reports August 20, 2002, letter from Kurt Dudley

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

Document 72-2

Filed 10/21/2005

Page 6 of 14

EXHIBIT LIST CASE NUMBER: 04-cv-00560-OES-BNB PLAINTIFF'S LIST_____ DEFENDANT'S LIST PAGE NUMBER: X THIRD PARTY LIST ____ DATE: October 20, 2005

CASE CAPTION: GEORGE M. BULL v. UNION PACIFIC RAILROAD COMPANY

6

LIST PLAINTIFF'S EXHIBITS BY NUMBER (1, 2, 3, ETC.) and DEFENDANT'S EXHIBIT BY LETTER (A, B, C, A1, A2, A3, B1, B2, B3, ETC.) EXHIBIT NO./LTR. WITNESS DESCRIPTION STIP. OFFER REC'D REFUSED RULING RESERVED COMMENTS/ INFORMATION

A-15

A-16

A-17

A-18

A-19

A-20

A-21

Cottonwood Functional Restoration brochure June 13, 2003, letter from Ron Naro to Mr. Bull June 17, 2003, letter from Joe Blythe to Mr. Bull July 8, 2003, letter from Joe Blythe to Mr. Bull July 28, 2003, letter from Joe Blythe to Mr. Bull September 8, 2003, letter from Joe Blythe to Mr. Bull October 8, 2003, letter from Joe Blythe to Mr. Bull

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

Document 72-2

Filed 10/21/2005

Page 7 of 14

EXHIBIT LIST CASE NUMBER: 04-cv-00560-OES-BNB PLAINTIFF'S LIST_____ DEFENDANT'S LIST PAGE NUMBER: X THIRD PARTY LIST ____ DATE: October 20, 2005

CASE CAPTION: GEORGE M. BULL v. UNION PACIFIC RAILROAD COMPANY

7

LIST PLAINTIFF'S EXHIBITS BY NUMBER (1, 2, 3, ETC.) and DEFENDANT'S EXHIBIT BY LETTER (A, B, C, A1, A2, A3, B1, B2, B3, ETC.) EXHIBIT NO./LTR. WITNESS DESCRIPTION STIP. OFFER REC'D REFUSED RULING RESERVED COMMENTS/ INFORMATION

A-22

A-23

A-24

A-25

A-26

B-1

B-2

B-3 B-4

November 20, 2003, letter from Joe Blythe to Mr. Bull December 12, 2003, letter from Joe Blythe to Mr. Bull March 2, 2004, letter from Joe Blythe to Mr. Bull April 21, 2004, letter from Joe Blythe to Mr. Bull June 15, 2004, letter from Joe Blythe to Mr. Bull September 3, 2004, letter from Joe Blythe to Mr. Bull January 12, 2005 letter from Joe Blythe to Mr. Bull X-rays MRI's

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

Document 72-2

Filed 10/21/2005

Page 8 of 14

EXHIBIT LIST CASE NUMBER: 04-cv-00560-OES-BNB PLAINTIFF'S LIST_____ DEFENDANT'S LIST PAGE NUMBER: X THIRD PARTY LIST ____ DATE: October 20, 2005

CASE CAPTION: GEORGE M. BULL v. UNION PACIFIC RAILROAD COMPANY

8

LIST PLAINTIFF'S EXHIBITS BY NUMBER (1, 2, 3, ETC.) and DEFENDANT'S EXHIBIT BY LETTER (A, B, C, A1, A2, A3, B1, B2, B3, ETC.) EXHIBIT NO./LTR. WITNESS DESCRIPTION STIP. OFFER REC'D REFUSED RULING RESERVED COMMENTS/ INFORMATION

B-5 B-6 B-7 B-8 B-9 B-10 B-11 B-12 B-13 B-14 B-15 B-16

Photograph of Cross over at Medicine Bow Photograph of Cross over at Medicine Bow Photograph of Cross over at Medicine Bow Photograph of Cross over at Medicine Bow Photograph of Cross over at Medicine Bow Locomotive Measurements Vibration (sinusoidal graph) Impact (graph) Human Sensitivity Crest Factor MTVV Ratio ­ VDV Ratio ­ Crest Factor Whole Body Vibration Instrumentation

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

Document 72-2

Filed 10/21/2005

Page 9 of 14

EXHIBIT LIST CASE NUMBER: 04-cv-00560-OES-BNB PLAINTIFF'S LIST_____ DEFENDANT'S LIST PAGE NUMBER: X THIRD PARTY LIST ____ DATE: October 20, 2005

CASE CAPTION: GEORGE M. BULL v. UNION PACIFIC RAILROAD COMPANY

9

LIST PLAINTIFF'S EXHIBITS BY NUMBER (1, 2, 3, ETC.) and DEFENDANT'S EXHIBIT BY LETTER (A, B, C, A1, A2, A3, B1, B2, B3, ETC.) EXHIBIT NO./LTR. WITNESS DESCRIPTION STIP. OFFER REC'D REFUSED RULING RESERVED COMMENTS/ INFORMATION

B-17

B-18

B-19

B-20

B-21

B-22

ISO 2631 ­ Figure B.1 ­ Health Guidance Caution Zones Basic Vibration Levels on Union Pacific locomotives (bar chart) Basic Vibration Level on Locomotives and other Vehicles UP 6263 ­ Vertical Vibration Dose Values Other Vehicle ComparisonsVibration Dose Values Johanning WBV Measurements (Many Vehicles)

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

Document 72-2

Filed 10/21/2005

Page 10 of 14

EXHIBIT LIST CASE NUMBER: 04-cv-00560-OES-BNB PLAINTIFF'S LIST_____ DEFENDANT'S LIST PAGE NUMBER: X THIRD PARTY LIST ____ DATE: October 20, 2005

CASE CAPTION: GEORGE M. BULL v. UNION PACIFIC RAILROAD COMPANY

10

LIST PLAINTIFF'S EXHIBITS BY NUMBER (1, 2, 3, ETC.) and DEFENDANT'S EXHIBIT BY LETTER (A, B, C, A1, A2, A3, B1, B2, B3, ETC.) EXHIBIT NO./LTR. WITNESS DESCRIPTION STIP. OFFER REC'D REFUSED RULING RESERVED COMMENTS/ INFORMATION

B-23

B-24

B-25

B-26

Johanning VDV Measurements (Many Vehicles) Spinal Stress ISO 2631-5 (2004) (bar chart) Johanning Paper ­ Vibration Dose Values ISO 2631-1 (1997) Mechanical Vibration and Shock ­ Evaluation of Human Exposure to Whole-Body Vibration, Part 1General Requirements

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

Document 72-2

Filed 10/21/2005

Page 11 of 14

EXHIBIT LIST CASE NUMBER: 04-cv-00560-OES-BNB PLAINTIFF'S LIST_____ DEFENDANT'S LIST PAGE NUMBER: X THIRD PARTY LIST ____ DATE: October 20, 2005

CASE CAPTION: GEORGE M. BULL v. UNION PACIFIC RAILROAD COMPANY

11

LIST PLAINTIFF'S EXHIBITS BY NUMBER (1, 2, 3, ETC.) and DEFENDANT'S EXHIBIT BY LETTER (A, B, C, A1, A2, A3, B1, B2, B3, ETC.) EXHIBIT NO./LTR. WITNESS DESCRIPTION STIP. OFFER REC'D REFUSED RULING RESERVED COMMENTS/ INFORMATION

C-1

C-2

ISO 2631-5 (2004) Mechanical Vibration and Shock--Evaluation of Human Exposure to Whole-Body Vibration, Part 5Method for Evaluation of Vibration Containing Multiple Shocks. 2002/44/EC European Directive On Health and Safety Requirements Regarding Exposure of Workers to Risk Arising from Physical Agents

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

Document 72-2

Filed 10/21/2005

Page 12 of 14

EXHIBIT LIST CASE NUMBER: 04-cv-00560-OES-BNB PLAINTIFF'S LIST_____ DEFENDANT'S LIST PAGE NUMBER: X THIRD PARTY LIST ____ DATE: October 20, 2005

CASE CAPTION: GEORGE M. BULL v. UNION PACIFIC RAILROAD COMPANY

12

LIST PLAINTIFF'S EXHIBITS BY NUMBER (1, 2, 3, ETC.) and DEFENDANT'S EXHIBIT BY LETTER (A, B, C, A1, A2, A3, B1, B2, B3, ETC.) EXHIBIT NO./LTR. WITNESS DESCRIPTION STIP. OFFER REC'D REFUSED RULING RESERVED COMMENTS/ INFORMATION

C-3

C-4

C-5 C-6 C-7

ANSI S3.18 (2002) American National Standard Mechanical Vibration and Shock Evaluation of Human Exposure to Whole Body Vibration - Part 1: General Requirements BS 6841 (1987), Measurement and Evaluation of Human Exposure to WholeBody Mechanical Vibration and Repeated Shock British Standards Institute Table 1 ­ Train Run Analysis Table 2 ­ Train Type Analysis Work Sampling Video

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

Document 72-2

Filed 10/21/2005

Page 13 of 14

EXHIBIT LIST CASE NUMBER: 04-cv-00560-OES-BNB PLAINTIFF'S LIST_____ DEFENDANT'S LIST PAGE NUMBER: X THIRD PARTY LIST ____ DATE: October 20, 2005

CASE CAPTION: GEORGE M. BULL v. UNION PACIFIC RAILROAD COMPANY

13

LIST PLAINTIFF'S EXHIBITS BY NUMBER (1, 2, 3, ETC.) and DEFENDANT'S EXHIBIT BY LETTER (A, B, C, A1, A2, A3, B1, B2, B3, ETC.) EXHIBIT NO./LTR. WITNESS DESCRIPTION STIP. OFFER REC'D REFUSED RULING RESERVED COMMENTS/ INFORMATION

C-8

C-9

C-10

C-11

C-12

C-13

C-14

Table 3 ­ Locomotive Type Frequency Analysis Table 4 ­ Locomotive Seating Frequency Analysis Average Distribution of Conductor Whole Body Posture as a Percent of Shift Historical Comparison of Union Pacific Locomotive Seating Features and Those of Other Industries Anatomically Correct Model of The Human Spine A Guide to the WorkRelatedness of Disease A.B. Hill Guidelines

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

Document 72-2

Filed 10/21/2005

Page 14 of 14

EXHIBIT LIST CASE NUMBER: 04-cv-00560-OES-BNB PLAINTIFF'S LIST_____ DEFENDANT'S LIST PAGE NUMBER: X THIRD PARTY LIST ____ DATE: October 20, 2005

CASE CAPTION: GEORGE M. BULL v. UNION PACIFIC RAILROAD COMPANY

14

LIST PLAINTIFF'S EXHIBITS BY NUMBER (1, 2, 3, ETC.) and DEFENDANT'S EXHIBIT BY LETTER (A, B, C, A1, A2, A3, B1, B2, B3, ETC.) EXHIBIT NO./LTR. WITNESS DESCRIPTION STIP. OFFER REC'D REFUSED RULING RESERVED COMMENTS/ INFORMATION

C-15

ISO 2631-1: 1997(E) - Figure B.1 - Health Guidance Caution Zones

G:\DENLAW\MARK HANSEN\OPEN\Bull\TRIAL PREP\EXHIBITS - USE THIS FORM PER THE COURT'S ORDERS\Bull, Magistrates Exhibit List, UP final exhibit list - 10-20-05.doc