Porter v. American Family Mutual Insurance Company

Filing 147

MINUTE ENTRY for proceedings held before Judge Wiley Y. Daniel: Jury Trial (Day 3) held on 2/10/2016. Granting in part and denying in part as outlined by the Court on the record 80 Motion in Limine. Court Reporter: Mary George. (rkeec)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
SENIOR JUDGE WILEY Y. DANIEL

Courtroom Deputy:
E.C.R./Reporter:

Robert R. Keech
Mary George

Date: February 10, 2016

Civil Action No: 13-cv-03446-WYD-KMT

Counsel:

DANIEL L. PORTER,

Sander N. Karp
James F. Fosnaught
Gregory S. Russi

Plaintiff,
v.
AMERICAN FAMILY MUTUAL
INSURANCE COMPANY,

Debra K. Sutton
Ashley R. Larson

Defendant.

COURTROOM MINUTES

TRIAL TO JURY (DAY 3)
9:21 a.m.

Court in Session - Jury not present
Discussion regarding the fact that counsel has resolved objections in the Martha
Haraway and Greg Feinsinger depositions.

9:22 a.m.

Discussion regarding testimony of Richard Laugesen.

9:27 a.m.

Jury enters

9:28 a.m.

Plaintiff’s witness Martha Haraway continues by video deposition.

10:02 a.m.

Plaintiff’s witness Greg Feinsinger by video deposition.

11:01 a.m.

Court in Recess

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11:19 a.m.

Court in Session - Jury not present.

ORDERED:

Defendant’s Trial Brief Regarding the Admissibility of the Underinsured Motorist
Policy Limits [ECF Doc. No. 141], filed February 8, 2016, is GRANTED.

ORDERED:

Witnesses shall not refer to policy limits during their testimony.

11:22 a.m.

Discussion regarding scheduling issues.

11:26 a.m.

Jury enters

11:26 a.m.

Plaintiff’s witness James Evenson sworn.
Direct examination by Plaintiff (Mr. Karp).
EX ID:
43, 44, 45, 46

Exhibit(s) 43, 44, 45, 46 RECEIVED.
Witness tendered and accepted as an expert.
12:04 p.m.

Cross examination by Defendant (Ms. Sutton).
EX ID:
43, 44, 45, 46

12:25 p.m.

Re-Direct examination by Plaintiff (Mr. Karp).

12:27 p.m.

Discussion regarding schedule for this afternoon.

12:28 p.m.

Court in Recess

12:33 p.m.

Court in Session - Jury not present

12:34 p.m.

Plaintiff’s witness Richard W. Laugesen sworn.
Direct examination by Plaintiff (Mr. Fosnaught).
Witness tendered and accepted as an expert.

1:07 p.m.

Cross examination by Defendant (Ms. Sutton).

1:16 p.m.

Argument by Defendant (Ms. Sutton).

1:20 p.m.

Discussion regarding policy limits.

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ORDERED:

Defendant’s Motion to Limit or Exclude Testimony of Plaintiff’s Insurance Bad
Faith Expert, Richard Laugesen [ECF Doc. No. 80], filed August 11, 2015, is
GRANTED IN PART and DENIED IN PART as outlined by the Court on the
record.

1:21 p.m.

Court in Recess

2:22 p.m.

Court in Session - Jury enters

2:24 p.m.

Plaintiff’s witness Richard W. Laugesen sworn.
Direct examination by Plaintiff (Mr. Fosnaught).
EX ID:
41
Witness tendered and accepted as an expert.

3:23 p.m.

Cross examination by Defendant (Ms. Sutton).
EX ID:
41, 64, A-3, A-4, A-34

Exhibit(s) 64, A-3, A-4 RECEIVED.
3:55 p.m.

Re-Direct examination by Plaintiff (Mr. Fosnaught).
EX ID:
41

3:59 p.m.

Re-Cross examination by Defendant (Ms. Sutton).

4:02 p.m.

Court in Recess

4:19 p.m.

Court in Session - Jury not present
Court’s remarks regarding jury instructions and jury instruction conference.

4:21 p.m.

Discussion regarding issue related to denial of the claim.

4:26 p.m.

Jury enters

4:26 p.m.

Plaintiff’s witness Margie Lucille Porter sworn.
Direct examination by Plaintiff (Mr. Fosnaught).

4:43 p.m.

Jury excused
Discussion regarding objection by Defendant - SUSTAINED.

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4:49 p.m.

Jury enters
Direct examination by Plaintiff continues (Mr. Fosnaught).

4:59 p.m.

Cross examination by Defendant (Ms. Sutton).
EX ID:
A-26, A-27, A-28, A-29, A-30

Exhibit(s) A-26, A-27, A-28, A-29, A-30 RECEIVED.
5:19 p.m.

Re-Direct examination by Plaintiff (Mr. Fosnaught).

5:22 p.m.

Plaintiff rests.
Discussion regarding schedule for tomorrow.

5:24 p.m.

Jury excused for the evening.
Discussion regarding issues as to testimony of Gregory Giometti and Kyle
Jacobson.

5:27 p.m.

Court in Recess - TRIAL CONTINUED.

TOTAL TIME: 6:25

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