Watkins et al v. Action Care Ambulance, Inc.

Filing 306

MINUTE ENTRY for Jury Trial - Day Seven held before Judge William J. Martinez on September 27, 2011. ORDERED: Plaintiffs' Motion to Submit Curative/Explanatory Instruction Re: Witness Vellman 302 is GRANTED. Trial continued. (Court Reporter: Gwen Daniel) (wjmcd, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge William J. Martínez
_____________________________________________________________________
Courtroom Deputy: Deborah Hansen
Date: September 27, 2011
Court Reporter:
Gwen Daniel
_____________________________________________________________________
Civil Action No. 07-cv-02598-WJM-BNB

Counsel:

RONNIE Watkins, Surviving Spouse,
MADELINE WATKINS,
LANDON WATKINS, and
MICHAELA WATKINS, Surviving Minor
Children, By and through their father
RONNIE WATKINS,

Neil A. Hillyard
Penelope L. Clor
Michael Djordjevic

Plaintiffs,
v.
ACTION CARE AMBULANCE, INC., a
Colorado Corporation,

Richard A. Waltz
Carolyn A. Gyermek

Defendant.
_____________________________________________________________________
COURTROOM MINUTES
_____________________________________________________________________
JURY TRIAL - DAY SEVEN
09:31 a.m.

Court in Session - without jury

Court’s comments
Mr. Waltz’ comments
Other than the Defendant’s objection to the Plaintiffs’ Motion to Submit
Curative/Explanatory Instruction Re: Witness Vellman (Doc No. 302) submitted this
morning, Mr. Waltz does not have any additional argument.
ORDERED: Plaintiffs’ Motion to Submit Curative/Explanatory Instruction Re:
Witness Vellman (Doc No. 302) is GRANTED.

The Court’s findings and conclusions of law entered on the record
ORDERED: Defendant's Rule 50 motion requesting that the Court find as a
matter of law that Mrs. Watkins' intentional jump from the ambulance
was negligent and a cause of Plaintiff's injuries is DENIED.
Plaintiffs’ motion for a directed verdict is DENIED. Plaintiffs’ crossmotion on the issue of comparative negligence is GRANTED. The
Court concludes as a matter of law that comparative negligence is
not an appropriate defense in this case pursuant to Rule 50. A more
detailed written order shall issue.
09:45 - 11:14 Jury Instruction Conference
Defendant’s oral motion to dismiss the Plaintiffs’ case (by Mr. Waltz):
In their brief Defendant mentioned the requirement under Colorado statutes that
in a medical malpractice case, or a case involving healthcare practitioners, a
certificate of review is required. No certificate of review was filed by the Plaintiffs
in this case, and Defendant believes that the motion is timely, given the
testimony yesterday by Dr. Vellman confirming that all acts of EMTs and
paramedics are taken under his license and with his supervision as required by
Colorado law -- which Defendant believes is undisputed.
ORDERED: Defendant’s oral motion to dismiss the Plaintiffs’ case is DENIED.
10:15 Court in Recess
10:39 Court in Session - jury present
Court instructs jury on the law
11:15 Closing Argument (by Mr. Djordjevic)
11:35 Closing Argument (by Mr. Waltz)
12:05 Rebuttal Argument (by Mr. Djordjevic)
12:16 Jury Bailiffs sworn
12:17 Jury excused to deliberate
12:20 Court in Recess
04:51 Court in Session
All counsel are present.
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04:53 Jury present
The Jury is excused for the evening, and the Court asks them to return at 8:25
tomorrow.
Counsel shall be present at 8:30 tomorrow morning.
04:55 p.m.

Court in Recess
Trial continued
Time: 2/29

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