Giles et al v. Gravity Play Entertainment, LLC et al

Filing 111

Minute Entry for proceedings held before Judge Philip A. Brimmer: Motion Hearing held on 4/3/2009. 77 Motion for Order is granted. Court Reporter Janet Coppock) (pabcd)

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO JUDGE PHILIP A. BRIMMER COURTROOM MINUTES Courtroom Deputy: Kathy Preuitt-Parks Court Reporter: Janet Coppock Date: April 3, 2009 Time: 5 hours and 54 minutes

CASE NO. 07-cv-00401-PAB-KLM Parties KATHERINE GILES, and ZURICH AMERICAN INSURANCE COMPANY, Plaintiff (s), vs. THE INFLATABLE STORE, INC., Defendant (s). Marilyn Doig Miles Dewhirst Counsel John Purvis Richard Rardin

MOTION HEARING 9:07 a.m. COURT IN SESSION

APPEARANCES OF COUNSEL. Joint Motion for Order Under Fed. R. Evid. 702 (Doc #77), filed 7/18/08. Discussion regarding how the Court intends to proceed with this hearing. 9:10 a.m. Opening statements by Mr. Purvis.

Page Two 07-cv-00401-PAB-KLM April 3, 2009 9:13 a.m. 9:14 a.m. 10:16 a.m. 10:37 a.m. Opening statements by Ms. Doig. Direct examination of plaintiff's witness Dr. Jennifer Cole by Mr. Purvis. Cross examination by Ms. Doig. Redirect examination by Mr. Purvis.

Witness excused. 10:40 a.m. 11:02 a.m. COURT IN RECESS COURT IN SESSION

Ms. Doig requests witnesses be sequestered. No objection by Mr. Purvis. ORDERED: Witnesses shall be sequestered. Plaintiff's exhibits A10 through A24 (inclusive) identified, offered and ADMITTED. 11:03 a.m. 11:19 a.m. 11:28 a.m. 12:00 p.m. 1:03 p.m. Argument by Mr. Purvis as to the admissibility of Dr. Cole's opinions. Questions by the Court. Argument by Ms. Doig. Questions by the Court. Direct examination of plaintiff's witness Dr. Brian Greenwald by Mr. Purvis. COURT IN RECESS COURT IN SESSION Direct examination by Mr. Purvis continues. Plaintiff's exhibits A1, A2 and A4 through A9 (inclusive) identified, offered and ADMITTED. 1:07 p.m. 1:25 p.m. 1:29 p.m. Cross examination by Ms. Doig. Questions to the witness by the Court. Redirect examination by Mr. Purvis.

Page Three 07-cv-00401-PAB-KLM April 3, 2009 Witness excused. 1:31 p.m. 1:44 p.m. 1:50 p.m. 2:47 p.m. 3:01 p.m. 3:18 a.m. Argument by Mr. Purvis as to the admissibility of Dr. Greenwald's opinions. Questions by the Court. Argument by Ms. Doig. Direct examination of plaintiff's witness Dr. Patrick Bishop by Mr. Purvis. Cross examination by Mr. Dewhirst. COURT IN RECESS COURT IN SESSION Cross examination by Mr. Dewhirst continues. 3:26 p.m. Redirect examination by Mr. Purvis.

Witness excused. Plaintiff's exhibits A25 and A26 through A32 (inclusive) identified and offered. Objection by Mr. Dewhirst as to A32. ORDERED: Plaintiff's exhibits A25 and A26 through A31 (inclusive) are ADMITTED. Defendant's exhibits A1 and A2 identified and offered. ORDERED: Defendant's exhibit A1 is ADMITTED. 3:32 p.m. Questions to the witness by the Court.

Witness excused. 3:44 p.m. 3:46 p.m. Argument by Mr. Purvis as to the admissibility of Dr. Bishop's opinions. Questions by the Court. Argument by Mr. Dewhirst.

Page Four 07-cv-00401-PAB-KLM April 3, 2009 3:56 p.m. 4:11 p.m. COURT IN RECESS COURT IN SESSION

Court states its findings and conclusions as follows: ORDERED: Joint Motion for Order Under Fed. R. Evid. 702 (Doc #77), filed 7/18/08 is GRANTED. Dr. Jennifer Cole Opinion 1: Dr. Cole may express an opinion regarding whether or not the plaintiff would be able to pass the type of test she observed the plaintiff taking. Dr. Cole may not express an opinion as to whether or not the plaintiff would be able to pass other tests required to obtain either an ASA or FSA. Dr. Cole may opine using her methodology to conclude whether the plaintiff's capabilities in terms of test taking for the test Dr. Cole observed the plaintiff taking and assess whether or not, but for the incident, the plaintiff would have been able to pass the type of test Dr. Cole observed her taking.

Opinion 2:

Dr. Brian Greenwald Opinions 1 and 2 will be excluded. Dr. Patrick Bishop Opinion 2: Opinion 3: Dr. Bishop may express his opinion that a motorcycle helmet is not the appropriate type of helmet to use in the sumo wrestling activity. Dr. Bishop may not opine as to whether the modification of the helmet with the attachment of a foam rubber wig made the helmet less safe or more dangerous for sumo wrestling. COURT IN RECESS 354 minutes

4:58 p.m.

Total in court time: Hearing concluded