Barnason v. Union Pacific Railroad

Filing 45

JUDGMENT by Clerk re: 43 Jury Trial Minute Entry, by Clerk on 6/23/2014. (klyon, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 13-cv-01205-REB-BNB
GENA BARNASON,
Plaintiff,
v.
UNION PACIFIC RAILROAD,
Defendant.

FINAL JUDGMENT

This action was tried before a jury of nine sworn to try the issues herein with
United States District Judge Robert E. Blackburn presiding, and the jury has rendered a
verdict. In accordance with the verdict of the jury, the orders filed during the pendency of
this case, and the provisions of Fed. R. Civ. P. 58(a), the following Final Judgment is
entered.
1. The jury found in favor of defendant on the claim of negligence with respect to
the incident of May 26, 2010.
2. The jury found in favor of defendant on the claim of negligence per se with
respect to the incident of May 26, 2010.
3. The jury found in favor of plaintiff on the claim of negligence with respect to the
incident of June 25, 2010, and awarded damages in the amount of two hundred sixtyfour thousand four hundred fifteen dollars ($264,415).
4. With respect to the incident of June 25, 2010, the jury found that plaintiff’s own
negligence accounted for 40% of her injuries, damages, or losses, and that the

negligence of defendant accounted for 60% of plaintiff’s injuries, damages, or losses.
THEREFORE, IT IS ORDERED and ADJUDGED as follows:
1. That judgment is ENTERED for defendant, UNION PACIFIC RAILROAD
COMPANY, against plaintiff, GENA BARNASON, on plaintiff’s claims for negligence and
negligence per se related to the incident of May 26, 2010;
2. That judgment is ENTERED for plaintiff, GENA BARNASON, against
defendant, UNION PACIFIC RAILROAD COMPANY, on plaintiff’s claim of negligence
related to the incident of June 25, 2010;
3. That judgment is ENTERED for plaintiff, GENA BARNASON, against
defendant, UNION PACIFIC RAILROAD COMPANY, in the amount of one hundred
thousand fifty-eight thousand six hundred forty-nine dollars ($158,649);
4. That plaintiff is AWARDED her costs to be taxed by the clerk of the court in the
time and manner prescribed by Fed. R. Civ. P. 54(d)(1) and D.C.COLO.LCivR 54.1;
5. That pursuant to 28 U.S.C. § 1961, plaintiff is AWARDED post-judgment
interest, at the rate of 0.11%, from the date of this order until the judgment is fully paid;
and
6. That any request for attorney fees and additional costs and expenses SHALL
BE MADE in the manner prescribed by the law applicable to the request.
DATED June 23, 2014, at Denver, Colorado.
FOR THE COURT:
Jeffrey P. Colwell, Clerk
By: s/Kathleen Finney
Kathleen Finney
Deputy Clerk

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APPROVED BY THE COURT:

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