Bullock v. Freightliner, LLC et al

Filing 418

MINUTE ENTRY for Jury Trial - Day Seven held before Judge William J. Martinez on March 27, 2012. ORDERED: Defendant's Rule 50 Motion for Judgment as a Matter of Law on Plaintiff's Product Defect Claim 416 is DENIED IN PART and DENIED AS MOOT IN PART. Defendant's Rule 50 Motion for Judgment as a Matter of Law on Plaintiff's Claim for Exemplary Damages 415 is GRANTED. Trial continued.(Court Reporter: Tamara Hoffschildt) (wjmcd, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge William J. Martínez
_____________________________________________________________________
Courtroom Deputy: Deborah Hansen
Date: March 27, 2012
Court Reporter:
Tamara Hoffschildt
_____________________________________________________________________
Civil Action No. 08-cv-00491-WJM-MEH

Counsel:

AMY BULLOCK, as an individual, as the next
of kin and personal representative of JEFFREY
BULLOCK, deceased, and as Parent and Next
Friend of ADAM BULLOCK, CHELSEA
BULLOCK, and MELISSA BULLOCK,

Michael J. Thomson

Plaintiff,
v.
DAIMLER TRUCKS NORTH AMERICA, LLC.,
a limited liability company,

Peter F. Jones
Darin J. Lang
Leslie A. Kendrick

Defendant.
_____________________________________________________________________
COURTROOM MINUTES
_____________________________________________________________________
JURY TRIAL - DAY SEVEN
09:03 am.

Court in Session - jury present

DEFENDANT’S ELEVENTH WITNESS HARRY L. SMITH
09:05 Direct (by Mr. Jones)
EXHIBITS IDENTIFIED, OFFERED AND RECEIVED:
A-17
Defendant offers Dr. Harry Smith as an expert in biodynamics, occupant kinematics and
injury causation.
Plaintiff objects.

ORDERED: Plaintiff’s objection is overruled.
Dr. Smith is qualified to testify under Rule 702 as an expert witness and
give expert testimony in the areas of biodynamics, occupant kinematics
and injury causation.
EXHIBITS IDENTIFIED, OFFERED AND RECEIVED:
A-72, except for pages 6 and 7
10:25 Jury excused
Defendant offers A-72, pages 6 and 7
Plaintiff objects.
EXHIBIT OFFERED AND REFUSED (objection sustained):
A-72, pages 6 and 7
10:28 Court in Recess
10:46 Court in Session - with jury
DEFENDANT’S ELEVENTH WITNESS HARRY L. SMITH
10:46 Direct continued (by Mr. Jones)
10:58 Cross (by Mr. Thomson)
11:34 Redirect
11:37 - 11:41 Bench conference
EXHIBIT IDENTIFIED, OFFERED AND RECEIVED:
Q
11:43 Defense Rests.
11:44 Jury excused until 9:30 tomorrow.
The Defendant renews its prior motions made at the conclusion of the Plaintiff’s case for
a directed verdict or to dismiss based on the inadequacy of the Plaintiff's proof –
incorporating by reference, again, his argument entered on the record yesterday, as if
fully set forth (by Mr. Jones).
Mr. Thomson incorporates by reference, again, his argument entered on the record
yesterday, as if fully set forth.
Defendant’s offer of proof regarding pages 6 and 7 of A-72 (by Mr. Jones)

Court’s findings and conclusions entered on the record.
The Court finds and concludes as follows:
1.
2.
3.
4.

There is a legally sufficient evidentiary basis for a reasonable jury to find in
favor of Plaintiff on both of her product liability claims;
Defendant is not entitled to judgment as a matter of law on Plaintiff’s
product liability claims;
There is not a legally sufficient evidentiary basis for a reasonable jury to
find in favor of Plaintiff on her claim for exemplary damages; and
That Defendant is entitled to judgment as a matter of law on Plaintiff’s
claim for exemplary damages.

ORDERED: Defendant’s Rule 50 Motion for Judgment as a Matter of Law on
Plaintiff’s Product Defect Claim [ECF No. 416] is DENIED IN PART
and DENIED AS MOOT IN PART.
Defendant’s Rule 50 Motion for Judgment as a Matter of Law on
Plaintiff’s Claim for Exemplary Damages [ECF No. 415] is GRANTED.
Court’s comments
Closing arguments will be limited to 35 minutes each.
Mr. Thomson shall let the Court know by tomorrow morning how he wishes to divide the
time for his closing. A two-minute warning will be given for each main closing; and a
one minute warning for the Plaintiff’s rebuttal.
At 8:15 tomorrow morning counsel should be present to receive the final set of jury
instructions. Counsel will then have a half an hour to review them.
The charging conference will commence at 8:45.
12:23 p.m.

Court in Recess
Trial continued
Time: 3 hours and 2 minutes