A.N.M.R. et al v. Sonrise Pilot, LLC et al

Filing 73

RULINGS ON ISSUES PRESENTED IN THE TRIAL BRIEFS re: 70 and 72 . Defendants' renewed motion for summary judgment is denied. The jury will not be instructed on joint and several liability. Thomas Alcorn will be permitted to testify, subject to the limitations described, by Judge Richard P. Matsch on 2/2/2012. (rpmcd)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Senior District Judge Richard P. Matsch
Civil Action No. 10-cv-00010-RPM
MARITZA RAMOS AREVALO, as court-appointed
conservator on behalf of minor children
A.N.M.R., and
C.A.M.R.,
Plaintiffs,
v.
SONRISE PILOT, LLC, a Colorado limited liability company,
DAVID HAINAULT,
Defendants.

RULINGS ON ISSUES PRESENTED IN THE TRIAL BRIEFS

The Defendants’ trial brief includes a renewed motion for summary judgment of
dismissal, premised on arguments that Defendant Hainault did not breach any legal duty. Upon
consideration of the Defendants’ arguments and the Plaintiffs’ trial brief regarding the duties of
pilot escort drivers and rules and regulations of the Colorado Department of Transportation, the
court concludes that the Defendants’ liability, if any, must be determined at trial.
The trial briefs also address the issue of whether Plaintiffs properly pleaded a claim of
joint and several liability and whether they have identified facts that would support a finding of
joint and several liability. The facts identified by the Plaintiffs do not support such a finding.
The Pilot Car Defendants’ agreement to provide pilot escort services for transportation of the

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extra-legal load and their acceptance of payment for such services are not sufficient bases for
imposing joint and several liability pursuant to C.R.S. § 13-21-115.(4).
The Plaintiffs’ brief includes a motion for an order precluding the Defendants’ retained
expert Thomas Alcorn from testifying, or alternatively, limiting Alcorn’s opinion testimony.
Alcorn will be permitted to testify, but he will not be permitted to offer opinions about his
interpretation of statutes or regulations. The court will instruct the jury on the applicable law.
Expert opinion testimony about the causes of the accident will not be permitted because
causation is to be determined by the jury.
Accordingly, it is
ORDERED that the Defendants’ renewed motion for summary judgment is denied; it is
FURTHER ORDERED the jury will not be instructed on joint and several liability, and it
is
FURTHER ORDERED that Thomas Alcorn will be permitted to testify, subject to the
limitations described above.
Date: February 2, 2012

BY THE COURT:

s/Richard P. Matsch
Richard P. Matsch, Senior District Judge

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