Basra, et al v. Ecklund Logistics, Inc.

Filing 105

PRETRIAL ORDER - estimated length of trial is not less than 3 days, not more than 10 days, and probably about 6 days. Jury Trial set for 5/16/2017 at 09:00 AM in Courtroom 2, Roman L. Hruska Federal Courthouse, 111 South 18th Plaza, Omaha, NE before Chief Judge Laurie Smith Camp. Ordered by Magistrate Judge F.A. Gossett. (GJG)

FI LED

US DISTRICT COURT

DISTRICT OF NEBRASKA

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA

APR 1 7 2017
OFFICE OFlHE CLERK

INDERJEET BASRA, individually and as
Personal Representative for the EST ATE OF
ATINDERP AL SINGH; DILSHAAN S.
REHAL, by and through his next friend,
INDERJEET BASRA,
Plaintiffs,
v.
ECKLUND LOGISTICS, INC.
Defendant.

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Case No.: 8:16CV83-LSC-FG3

ORDER ON FINAL PRETRIAL
CONFERENCE

A final pretrial conference was held on the 1ih day of April, 2017.
Appearing for the parties as counsel were:
Justin R. Kaufinan and Stephen J. Kelly (Robins Cloud LLP) and James Welsh (Welsh & Welsh
P.C.) for the Plaintiffs.
Dan H. Ketcham (Engles, Ketcham, Olson & Keith, P.C.) for the Defendant.
(A) Exhibits. See Plaintiffs' Exhibit List attached as Exhibit A 1 and Defendant's Exhibit List
attached as Exhibit B.
Caution: Upon express approval of the judge holding the pretrial conference for good cause shown,
the parties may be authorized to defer listing of exhibits or objections until a later date to be
specified by the judge holding the pretrial conference. The mere listing of an exhibit on an exhibit
list by a party does not mean it can be offered into evidence by the adverse party without all
necessary evidentiary prerequisites being met.
(B) Uncontroverted Facts. The parties have agreed that the following may be accepted as
established facts for purposes of this case only:
Defendant intends to supplement this exhibit with its objections to Plaintiffs Amended Exhibit Lists on or
before the date of the pre-trial conference.

-1ORDER ON FINAL PRETRIAL CONFERENCE

1. The motor vehicle collision that forms the basis for Plaintiffs' complaint occurred on

August 8, 2012 on Interstate 80 in York, Nebraska.
2. At the time of the motor vehicle collision on August 8, 2012, Plaintiff Inderjeet Basra was
the legal spouse (wife) of decedent Atinderpal Singh.
3. At the time of the motor vehicle collision on August 8, 2012, Plaintiff Gavan S. Rehal was
the legal issue (son) of decedent Atinderpal Singh.
4. At all relevant times, Freddie Galloway, the driver of the Ecklund tractor-trailer at the time
of the collision, was an employee of Ecklund Logistics, Inc. and was working in the course
and scope of his employment with Defendant Ecklund Logistics, Inc.
5. On August 8, 2012, just before 4:30 p.m., Freddie Galloway was driving an Ecklund
tractor-trailer eastbound on Interstate 80. At the same time, Plaintiffs' decedent Atinderpal
Singh was also driving a tractor-trailer eastbound on Interstate 80 behind the Ecklund
tractor-trailer driven by Freddie Galloway
6. On August 8, 2012, at approximately 4:30 p.m., the front of Plaintiffs' decedent, Atinderpal
Singh's, tractor-trailer collided with the Ecklund tractor-trailer being driven by Freddie
Galloway.
7. Atinderpal Singh died as a result of the injuries he suffered on August 8, 2012.
(C) Controverted and Unresolved Issues. The issues remaining to be determined and
unresolved matters for the court's attention are:
All claims which are generally controverted:
Plaintiffs' Claims:
1)
CLAIM ONE: Negligence - Respondeat Superior against Ecklund
Logistics, Inc.
a. That Freddie Galloway, a truck driver, had a duty of care to Atinderpal
Singh in the operation of his vehicle;
b. That Freddie Galloway breached such duty of care to Atinderpal Singh;
c. That Freddie Galloway's breach of such duty care was a proximate cause
of Atinderpal Singh's death; and
d. That Plaintiffs were damaged thereby.
2)

CLAIM TWO: Negligence against Ecklund Logistics, Inc.
a. That Defendant Ecklund Logistics, Inc. had a duty of care to Atinderpal

-2ORDER ON FINAL PRETRIAL CONFERENCE

Singh in the hiring, training, monitoring and supervision of its agents and
employees, including Freddie Galloway;
b. That Defendant Ecklund Logistics, Inc. breached such its duty of care in
its hiring, training, monitoring and supervision of Freddie Galloway;
c. That Defendant Ecklund Logistics, Inc.' s breach of its duty of care was a
proximate cause of Atinderpal Singh's death; and
d. That Plaintiffs were damaged thereby.
CLAIM THREE: Loss of Consortium against Ecklund Logistics, Inc.

3)

a. Atinderpal Singh was harmed by the acts and/or omissions of Freddie
Galloway and Ecklund Logistics, Inc.;
b. That the death of decedent Atinderpal Singh proximately caused loss of
consortium to Plaintiffs.
4)
CLAIM FOUR: Punitive Damages under Wis. Stat. Ann. § 895.043 against
Defendant Ecklund Logistics, Inc.
a. That Defendant Ecklund Logistics acted maliciously toward Atinderpal
Singh or in an intentional disregard of the rights of Atinderpal Singh in the
hiring, training, monitoring and supervision of Freddie Galloway and
through the acts and/or omissions of its agents and employees, including
Freddie Galloway.
Defendant's Defenses:
5).

Whether Plaintiffs claims are barred by the stature of limitations.

6).

Whether the proximate cause of the accident was the negligence of
Plaintiffs' Decedent, which negligence is imputed, in the following
particulars:
a) In failing to yield the right-of-way;
b) In traveling at a speed which was unsafe for conditions then and
there existing;
c) In failing to keep a proper lookout;
d) In failing to keep his vehicle under proper control;
e) In failing to exercise reasonable care for his own safety; and
f) In failing to slow for emergency conditions and emergency
vehicles which were plainly visible.

7)

Whether Count II of Plaintiffs' Complaint fails to state a cause of action as
to Defendant.

-3ORDER ON FINAL PRETRIAL CONFERENCE

8)

Whether Count IV of Plaintiffs' Complaint fails to state a cause of action as
to Defendant.

9)

Whether Plaintiffs' Decedent was not wearmg a seatbelt and whether
Nebraska's statutory seatbelt defense applies.

The contested issues of fact for decision by the jury are:

AJ;.

J

becomi~J

1.

er Freddie Galloway was negligent in his failure to keep a proper 1 out,
}
distrac d while driving, performing an unsafe and unreasonably d
erous lane change, { ) 7 11
driving
ile overly fatigued, violating provisions of the Federal M or Carrier Safety Act
49 C.F.R. 395.8(e) and 395.3(b)(2), and/or otherwise acting w· out the reasonable care
required ofh1 under the circumstances.

2.

t Ecklund Logistics, Inc. was negligent · hiring Galloway, in failing to
properly train Ga oway, in failing to properly moni r Galloway, and/or in violating
Federal Motor Ca 'er Safety Regulations 49 C. .R. §§ 390.13, 395.8(e), and/or
395.3(b)(2), and/or ot rwise acting without the re sonable care required of it under the
circumstances.

3. Whether the negligence o
Atinderpal Singh's death and

Logistics, Inc. was a proximate cause of
ges.

4. The value of the wrongful death ama s to Inderjeet Basra as Personal Representative of
the Estate of Atinderpal Singh.
5. The value of personal injury da ag , including consequential losses, pecuniary losses,
and pre-death pain and sufferin , pursu t to Neb. Rev. Stat. § 25-1401 et seq. and funeral
and burial expenses by and
ough In rjeet Basra as Personal Representative for the
Estate of Atinderpal Singh.
6. The value of loss of c nsortium damages to P intiffs Inderjeet Basra, individually, and
Dilshaan S. Rehal, in vidually, by and through hi ext friend Inderjeet Basra.
7. Whether Defend t acted maliciously, outrageously, d/or in a manner that demonstrated
an intentional d wanton disregard of the personal n hts of Decedent Atinderpal Singh
and Plaintiffs y knowing and allowing violations of e Federal Motor Carrier Safety
of traffic violations, and by
Regulations knowing and allowing numerous violatio
knowing d allowing Galloway to drive while distracted, fa · ed, and in excess of federal
hours o service regulations.
8.

amount of actual and punitive damages, if any, to be awarded to

9. Whether Plaintiffs decedent was negligent and was the sole cause or a 5
accident, thus barring recovery.

-4ORDER ON FINAL PRETRIAL CONFERENCE

The contested issues o aw remaining for decision by the Court are:
claims for punitive

1. Whether the law o the State of Wisconsin applies
damages as against De ndant Ecklund Logistics, Inc.

2. Whether Plaintiffs are entit d to prejudgment intere on any judgment entered in this
matter pursuant to Neb. Rev.
§ 45-103.02
3.
4. All Matters raised in Defendant's Mot
5.

Whether Plaintiffs' claims are barre

e stature of limitations.

6.

·ch was unsafe for conditions then and
there existing;
In failing to keep a proper loo
d) In failing to keep his vehicle und

proper control;

e) In failing to exercise reasonable car for his own safety; and

t) In failing to slow for emergency

nditions and emergency

vehicles which were plainly visible.
7.

8.

er Count II of Plaintiffs' Complaint fails to state a cause of act n as to Defendant.
ether Count IV of Plaintiffs' Complaint fails to state a cause of acti

as to Defendant.

ether Plaintiffs' Decedent was not wearing a seatbelt and invokes
defense statute.
mtiff also believes that whether Plaintiffs are entitled to a jury instruction f a negative
i ference based on Defendant Ecklund Logistics, Inc.' s spoliation of evidence in th case 1s an
additional contested issue of law remaining for decision by the Court; Defendant disa ees citing
the Court's Order dated 3/31117 (Dkt. No. 94).
Unresolved Matters Requiring the Court's Attention:
1. Pursuant to NeCivR 30.1 (e) and (t), as many of the below-identified witnesses will be

-5ORDER ON FINAL PRETRIAL CONFERENCE

played for the jury through the use of video depositions, Plaintiffs propose the following
schedule regarding the offering of any such videotaped depositions at the time of trial:
a. Any party proposing to offer all or any portion of a deposition shall notify opposing
counsel at least 14 days before trial of the offers to be made (unless the necessity for
using the deposition develops unavoidably thereafter).
b. If an objection is to be made, or if additional portions of a deposition are to be
requested, opposing counsel will notify offering counsel at least 10 days before trial of
such objections or requests.
c.

If any differences cannot be resolved, the Court must be notified in writing of such
differences at least 7 days before trial. Any party seeking to exclude such testimony
must provide a transcript of such testimony sought to be excluded and the legal basis
for exclusion thereof.

d. Upon the Court's ruling of any such objections filed by any party, the party offering
such testimony shall deliver a copy of the edited video testimony to all parties within 1
day of the Court's ruling. The parties to follow all remaining rules prescribed by
NeCivR. 32.l (c).
2. All Matters raised in the parties respective Motions in Limine;
3. All Matters raised in Defendant's Motion for Summary Judgment;
4. Start date of trial, length of trial, and allotment of time.

(D) Witnesses. All witnesses, including rebuttal witnesses, expected to be called to testify by
plaintiff, except those who may be called for impeachment purposes as defined in NECivR
16.2(c) only, are:
Plaintiffs will call the following:
1.
2.
3.
4.
5.
6.
7.
8.

Inderjeet Basra, 1941 Louis Ct., Yuba City, CA 95993
Freddie Galloway, 812 W. Galena St. #6, Milwaukee, WI 53205
Corporate Representative of Ecklund Logistics, Inc., c/o Dan H. Ketcham, Esq.,
Engles, Ketcham, Olson & Keith, P.C., 1350 Woodmen Tower, Omaha, NE 68102
Dale Bennett, c/o Brian O'Hara, Esq., LAW OFFICES OF DENNIS P. ISAAC,
121 Spear St., Suite 410
Mark Coleman, 2615 Blake Ave. NW, Apt. 11, Canton, OH 44718
Bryan Wroblewski, Nebraska State Patrol, Carrier Enforcement Division, 1600
Highway 2, Lincoln, NE 68502
Bruce Winn, York County Sheriff Department, 510 N. Lincoln Ave., York, NE
68467
Kirk Ecklund, c/o Dan H. Ketcham, Esq., Engles, Ketcham, Olson & Keith, P.C.,
1350 Woodmen Tower, Omaha, NE 68102

-6ORDER ON FINAL PRETRIAL CONFERENCE

9.
10.
11.

Lana Ecklund, c/o Dan H. Ketcham, Esq., Engles, Ketcham, Olson & Keith, P.C.,
1350 Woodmen Tower, Omaha, NE 68102
Dean Briesemeister, 209 N. 5th St., Winneconne, WI 54986
Rob Paffenroth, c/o Dan H. Ketcham, Esq., Engles, Ketcham, Olson & Keith,
P.C., 1350 Woodmen Tower, Omaha, NE 68102

Plaintiffs may call the following:
I.
2.

3.
4.
5.

Cathy Coleman, 2615 Blake Ave. NW, Apt. 11, Canton, OH 44718
Dale Radcliff, York County Sheriff Department, 510 N. Lincoln Ave., York, NE
68467
Josh Gillespie, York County Sheriff Department, 510 N. Lincoln Ave., York, NE
68467
Paul Vrbka, York County Sheriff Department, 510 N. Lincoln Ave., York, NE
68467
John Kulogo, 2539 Oak Ridge Rd., Neenah, WI 54956

Plaintiffs may also call the following for foundation purposes only:
1.

Corporate Representative and Custodian of Business Records
York County Sheriff Department (F)
510 N. Lincoln Ave.
York, NE 68467
Telephone: [phone]

2.

Corporate Representative and Custodian of Business Records
Nebraska State Patrol (F)
1600 Highway 2
Lincoln, NE 68502
Telephone: [phone]

3.

Corporate Representative and Custodian of Business Records
York County Attorney's Office (F)
510 Lincoln Ave.
York, NE 68467
Telephone: [phone]

4.

Corporate Representative and Custodian of Business Records
State of Nebraska
Department of Health and Human Services (F)
301 Centennial Mall South
Lincoln, NE 68509
Telephone: [phone]

5.

Corporate Representative and Custodian of Business Records
Nebraska Department of Roads (F)

-7ORDER ON FINAL PRETRIAL CONFERENCE

PO Box 94612
Lincoln, NE 68509-4612
Telephone: [phone]

6.

Corporate Representative and Custodian of Business Records
York County Fire Department (F)
815 N. Grant Ave.
York, NE 68467
Telephone: [phone]

All witnesses expected to be called to testify by defendant, except those who may be called for
impeachment purposes as defined in NECivR 16.2(c) only, are:
1.

Freddie Galloway, former truck driver with Defendant.

2.

Lana Ecklund, Operations, oversees day-to-day operations of the business entity,
see her deposition for her current address and phone number.

3.

Kirk Ecklund, President of Ecklund Logistics, see his deposition for his current
address and phone number.

4.

Rob Paffenroth, Safety Director, Ecklund Corporate office, see his deposition for
his current address and phone number.

5.

Dean Briesemeister, former safety director, see his deposition for his current
address and phone number.

6.

John Kulogo, former Ecklund dispatcher, see his deposition for his current address

and phone number.
7.

York County Sheriff's Deputy Bruce Winn, see his deposition for his current
address and phone number.

8.

Bryan Wroblewski, Trooper with the Nebraska State Patrol, see his deposition for
his current address and phone number.

9.

Dale Bennett, witness, see his deposition for his current address and phone number.

10.

York County Sheriff, Dale Radcliff, see Plaintiffs' Answers to Interrogatories and
his deposition for his current address and phone number.

11.

Mark Coleman, witness, see his deposition for his current address and phone
number.

12.

Cathy Coleman, witness, see her deposition for her current address and phone
number.

-8ORDER ON FINAL PRETRIAL CONFERENCE

13.

Defendant's expert witness, Steve Sokol.

14.

Steve Irwin, Plaintiffs' expert witness.

15.

Any witness identified by Plaintiffs above.

It is understood that, except upon a showing of good cause, no witness whose name and
address does not appear herein shall be permitted to testify over objection for any purpose except
impeachment. A witness whose only testimony is intended to establish foundation for an exhibit
for which foundation has not been waived shall not be permitted to testify for any other purpose,
over objection, unless such witness has been disclosed pursuant to Federal Rule of Civil Procedure
26(a)(3). A witness appearing on any party's witness list may be called by any other party.

(E) Expert Witnesses' Qualifications. Experts to be called by plaintiff and their
qualifications are:
1.
2.
3.

Lew Grill - See curriculum vitae attached as Exhibit C.
Steve Irwin - See curriculum vitae attached as Exhibit D.
David Rosenbaum - See curriculum vitae attached as Exhibit E.

Experts to be called by Defendant and their qualifications are:
1.
2.

Steve Sokol- See curriculum vitae attached as Exhibit F.
Steve Irwin, Plaintiffs expert, see Exhibit D.

(F) Voir Dire. Counsel have reviewed Federal Rule of Civil Procedure 47(a) and NECivR
47.2(a) and suggest the following with regard to the conduct of juror examination:
The Court and attorneys from both sides will conduct voir dire pursuant to Federal Rule
Civil Procedure 47(a) and NECivR 47.2(a). The time limit for this voir dire is to be determined by
the Court. Plaintiffs suggest 60 minutes for each side.

(G) Number of Jurors. Counsel have reviewed Federal Rule of Civil Procedure 48 and
NECivR 48.l suggest that this matter be tried to a jury composed of 12 members.
(H) Verdict. The parties will not stipulate to a less-than-unanimous verdict.
(I) Briefs, Instructions, and Proposed Findings. Counsel have reviewed NECivR
39.2(a), 51.l(a), and 52.1, and suggest the following schedule for filing trial briefs,
proposed jury instructions, and proposed findings of fact, as applicable:

1. Trial briefs to be filed at least 7 days before trial.
2. Proposed jury instructions to be filed at least 7 days before trial, objections to jury
instructions to be filed at least 3 days before trial.

(J) Length of Trial. Counsel estimate the length of trial will consume not less than 3
day(s), not more than 10 day(s), and probably about 6 days.

-9ORDER ON FINAL PRETRIAL CONFERENCE

(K) Trial Date. Trial is set for May 16, 2017.
Dated: April 1!]_, 2017

Respectfully submitted,
Isl Justin R. Kaufman
Justin R. Kaufinan
ROBINS CLOUD LLP
505 Cerrillos Road, Suite A209
Santa Fe, New Mexico 87501
Telephone: [phone]
Facsimile: [phone]
Bill Robins III
Stephen J. Kelly
ROBINS CLOUD LLP
808 Wilshire Blvd., Suite 450
Santa Monica, CA 90401
Telephone: [phone]
Facsimile [phone]
Christopher P. Welsh, #22279
WELSH & WELSH, PC, LLO
9290 w. Dodge Rd., #204
Omaha, NE 68114
Telephone: [phone]

Attorneys for Plaintiffs
Dan H. Ketcham, #18930
ENGLES, KETCHAM, OLSON
& KEITH, P.C.
1350 Woodmen Tower
Omaha, NE 68102
[phone]

Attorneys for Defendant

-10ORDER ON FINAL PRETRIAL CONFERENCE

EXHIBIT A

"....
Basra et al. v. Ecklund Logistics, Inc.

2
3
4
15
6
7
8
9
10
11

12
13
14
14
15
15
16
17

IBennett Ex 3;
Coleman, M
Briesemeister
Ecklund, K Ex
Galloway Ex
7; Wroblewski
IKulogo Ex 2;
Wroblewski,
IKulogo Ex 3;
Ecklund, L Ex
IBennett Ex 7;
Galloway Ex
!Winn Ex 3;
Bennett Ex 10;
Coleman, M
Ecklund, K Ex
Bennett Ex 6;

Bennett Ex 1;
Bennett Ex 2;
Galloway Ex
I

Family Photos
Driver Vehicle
Driver Vehicle
Galloway driver logs
from 8/1/12-8/8/12.
Neenah Paper Bill of
Lading dated 8/3/12.
Anheuser Busch Bill of
Lading
Nebraska State Patrol
file including PostNE Crime Commission Easy Street Draw - color
York News Times
article with color photos
Ecklund Logistics, Inc.
Scene diagram drawn by
York County Attorney
Photos of scene
Photos Part 1 - produced
Photos Part 2 - produced
Google maps - aerial
Google maps - images
approaching Exit 348,
Video 00001 - Video
Video 00002 - Video

Nebraska
State
137
YORK
NEWS00023838
York

TDOOOOI0-1
000023
TD000980TD000978TD000106108; 105;
TD001049 I

I

TD000400-I
000403

BASRA 00
0010Driver
Driver
Nebraska
State

IRel.

TD000296-I
000392
TD001488TD002441
TD002531TD000422TD000734TD000840BASRA 00 TDOOOOOlTD000418Google
Maps_Acci 000420
TD000408
TD000409 I

I /

Rel.
Rel.
Rel.
IRel.

I I

TD000013
0-000158
TD002112 I

I

v

I

v

IH,F
IH,F
Rel.
H,F
H,F

I

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r--

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8: 16-cv-00083-LSC-FG3

1

ft,)

Basra et al. v. Ecklund Logistics, Inc.

8: 16-cv-00083-LSC-FG3

18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45

Ecklund, K Ex
Ecklund, K Ex
Ecklund, K Ex
Ecklund, K Ex
Ecklund, K Ex
Ecklund, K Ex
Ecklund, K Ex
Ecklund, K Ex
Ecklund, K Ex

Bennett Ex 4;
Ecklund, L Ex
Ecklund, L Ex

Video 00004 - Video
Video post crash [36 sec
Video post crash [28 sec
Video post crash [38 sec
Video post crash [ 12 sec
Video Video Drivethrough of
2010 Tax Return 2011 Tax Return 2012 Tax Return 2013 Tax Return 2014 Tax Return Ecklund Logistics, Inc.
Ecklund Logistics, Inc.
Ecklund Logistics, Inc.
Ecklund Logistics, Inc.
Select portions of Lew
Select portions of Steve
Select portions of David
Declaration of Inderj eet
Demonstratives
Training Video - Hours
Tax Returns for 2010,
Post accident photos
Truck Title produced by
TOTALIFT, 2010 IFTA
Audio Interview of Dale
Audio Interview of
Freddie Galloway by an

rldllllll

000149000160000174000188000206000222000226000230000234-

v'

1il5uao~r1e

TD000412
TD000413
TD000414
TD000415
TD000417
TD000421
TD002442TD002453TD002467TD002481TD002499TD002515TD002519TD002523TD002527-

BASRA 00 TD000024BASRA 00 TD000081TD000404
TD000405
TD000406
TD000407

v
/

v

v
v
Rel.
Rel.
Rel.
Rel.
Rel.
Rel.
Rel.
Rel.
Rel.
H,F
H,F
H,F
H,F
H,F
Rel.
Rel.

R

v

v

v
v

v

,,

Basra et al. v. Ecklund Logistics, Inc.
8:16-cv-00083-LSC-FG3

46
47
48
49
50

Ecklund, K Ex
Galloway Ex

Ecklund, K Ex
10;

51
52

53

54
55
56

57
58
59
60

Ecklund, K Ex
3·
'
Briesemeister
Ecklund, K Ex
4·
'
Ecklund, K Ex
5·
'
Ecklund, K Ex
6'
'
Ecklund, K Ex
9; Winn,
Bruce Ex 6
(page 177, 223

Ecklund, K Ex
12;

Video - Crash 019 [ 1: 11
Ecklund Logistics
Freddie Galloway
Ecklund truck Repair
Invoice and Super 8
FAAR Consulting
Vehicle Inspection
Fax from Ecklund
(Briesemeister) to
SAFER list of trucking
violations from
November 2014 through
SMS Crash Report for
wreck dated 5117/15 in
Richmond, Kentuck
SMS Carrier
Registration Info for
FMCSA EMIS Data
Snapshot reflecting
Selected pages from the
NSP file of the accident
indicating
correspondence between
WI CDL (AUG 2012)
WI CDL (MAR 2012)
WI CDL (JAN 2008)
Ecklund corporate
documents - articles,

r1a111u1

i6u6o~rne

Ecklund

1u~ ..

l:J\1 llUI

TD000570TD000576
TD000969000971
TD000972000977
TD000096;
000099;
Safety
TD001039Measureme 001044
nt System
TD001045
Safety
Measureme
nt System
Safety
TD001046Measureme 001047
FMCSA
TD001048
Table
TD001050001058

Rel
H,F,
Rel

Wisconsin
Wisconsin
Wisconsin
97-000148

Rel
Rel
Rel
Rel

.
LISL

TD001059TDOOl 175TD001291TD001399001450

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v
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H,F
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H,F
Rel,
H, F

Basra et al. v. Ecklund Logistics, Inc.
8: 16-cv-00083-LSC-FG3

61
62
63
64
65
66

67

68
69
70
71
72
73
74
75

76
77

Ecklund, K Ex Federal Motor Carrier
23;
Safety Regulations
Winn Ex 6;
Contents ofNSP file
Worker's Compensation
Release signed by
Bennett Ex 5; State ofNebraska
Galloway Ex Investigator's Motor
York Fire Department
Ecklund, L Ex State of Nebraska
6;
Investigator's Motor
Vehicle Accident Report
Video 00003 - Second
video of a bud light beer
can in the roadway, one
Bennett Ex 11 ; Dale Bennett Interview
Galloway Ex Wisconsin Commercial
Bennett Ex 2; Google maps - ALSO
Freddie Galloway
Ecklund, K Ex ECM Download
Ecklund's Second
Supplemental Responses
Ecklund's Second
Supplemental Responses
Ecklund, K Ex Blank forms given to
22;
Ecklund drivers TRANSFLO Express
Tripsheet, OverageEcklund, K Ex Fall 2016 Cat Scale
Ecklund, K Ex Pilot Flying Location

00056T-Hlllr
000861
140-280;
BASRA 00
0085Nebraska
Depart of
YORK

1

tI5tld ~ 8'1 '2~
002111
TD002113TD000085000087
TD000088000094
TD000288TD000393000399

-

Rel
Rel,
Rel,
H,F

/

-v
V'

v

TD000410

TD000575
Wisconsin TD000577TD000418TD000733
TD000982TD001451001477
TD001478001487
TD001533001536

TD001537TD001549-

H,F,
Rel,
H,F,
Rel
Rel
Rel

Rel
Rel

v

v

Basra et al. v. Ecklund Logistics, Inc.
8:16-cv-00083-LSC-FG3

78
79
80
81
82
83
84
85
86
87
88
89

Ecklund, K Ex
Ecklund, L Ex
Ecklund, L Ex
Ecklund, L Ex
Ecklund, L Ex
Ecklund, L Ex
Galloway Ex

2012 Emergency
Ecklund 2006 repair
Ecklund 2007 repair
Ecklund 2008 repair
Ecklund 2009 repair
Ecklund 2012 repair
News Article only (no
Training Video - 115
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Basra et al. v. Ecklund Logistics, Inc.
8:16-cv-00083-LSC-FG3

Coleman, M 13/14/13 email fr M
1124
Ex 8;
Ecklund, L Ex
1-4
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Deposit~endant
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Ecklund Logistic,
Person Most
Ecklund, L Ex Complaint for Damages
Ecklund, L Ex Summons and First
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EXHIBITB

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA

INDERJEET BASRA, individually and as
Personal Representative for the EST A TE OF
ATINDERPAL SINGH; DILSHAAN S.
REHAL, by and through his next friend,
INDERJEET BASRA,
Plaintiffs,
V.

ECKLUND LOGISTICS, INC.
Defendant.

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CIVIL ACTION
Case No.: 8:16-cv-00083-LSC-FG3

DEFENDANT'S EXHIBIT LIST

TRIAL DATE: MAY 16, 2017

300

Deposition of Kirk Ecklund

Plaintiffs object to the use of
deposition transcripts and videos
until the court requires the parties
to meet and confer on deposition
offers and ultimately rules on any
objections asserted during that
process

30 I

Video deposition of Kirk
Ecklund

Plaintiffs object to the use of
deposition transcripts and videos
until the court requires the parties
to meet and confer on deposition
offers and ultimately rules on any
objections asserted during that
process

302

Deposition of Lana Ecklund

Plaintiffs object to the use of
deposition transcripts and videos
until the court requires the parties
to meet and confer on deposition
offers and ultimately rules on any
objections asserted during that
process

303

Video deposition of Lana
Ecklund

Plaintiffs object to the use of
deposition transcripts and videos
until the court requires the parties
to meet and confer on deposition
offers and ultimately rules on any
objections asserted during that
process

304

Deposition of Dean
Briesemeister

Plaintiffs object to the use of
deposition transcripts and videos
until the court requires the parties
to meet and confer on deposition
offers and ultimately rules on any
objections asserted during that
process

305

Video deposition of Dean
Briesemeister

Plaintiffs object to the use of
deposition transcripts and videos
until the court requires the parties
to meet and confer on deposition
offers and ultimately rules on any
objections asserted during that
process

306

Deposition of Freddie
Galloway

Plaintiffs object to the use of
deposition transcripts and videos
until the court requires the parties
to meet and confer on deposition
offers and ultimately rules on any
objections asserted during that
process

307

Video deposition of Freddie
Galloway

Plaintiffs object to the use of
deposition transcripts and videos
until the court requires the parties
to meet and confer on deposition
offers and ultimately rules on any
objections asserted during that
process

308

Deposition of Rob
Paffenroth

Plaintiffs object to the use of
deposition transcripts and videos
until the court requires the parties
to meet and confer on deposition
offers and ultimately rules on any
objections asserted during that
process

2

309

Video deposition of Rob
Paffenroth

Plaintiffs object to the use of
deposition transcripts and videos
until the court requires the parties
to meet and confer on deposition
offers and ultimately rules on any
objections asserted during that
process

310

Deposition of Bruce Winn

Plaintiffs object to the use of
deposition transcripts and videos
until the court requires the parties
to meet and confer on deposition
offers and ultimately rules on any
objections asserted during that
process

311

Video deposition of Bruce
Winn

Plaintiffs object to the use of
deposition transcripts and videos
until the court requires the parties
to meet and confer on deposition
offers and ultimately rules on any
objections asserted during that
process

312

Deposition of Dale Bennett

Plaintiffs object to the use of
deposition transcripts and videos
until the court requires the parties
to meet and confer on deposition
offers and ultimately rules on any
objections asserted during that
process

313

Video deposition of Dale
Bennett

Plaintiffs object to the use of
deposition transcripts and videos
until the court requires the parties
to meet and confer on deposition
offers and ultimately rules on any
objections asserted during that
process

314

Deposition of Mark
Coleman

Plaintiffs object to the use of
deposition transcripts and videos
until the court requires the parties
to meet and confer on deposition
offers and ultimately rules on any
objections asserted during that
process

3

315

Video deposition of Mark
Coleman

Plaintiffs object to the use of
deposition transcripts and videos
until the court requires the parties
to meet and confer on deposition
offers and ultimately rules on any
objections asserted during that
process

316

Deposition of Cathy
Coleman

Plaintiffs object to the use of
deposition transcripts and videos
until the court requires the parties
to meet and confer on deposition
offers and ultimately rules on any
objections asserted during that
process

317

Video deposition of Cathy
Coleman

Plaintiffs object to the use of
deposition transcripts and videos
until the court requires the parties
to meet and confer on deposition
offers and ultimately rules on any
objections asserted during that
process

318

Deposition of John Kulogo

Plaintiffs object to the use of
deposition transcripts and videos
until the court requires the parties
to meet and confer on deposition
offers and ultimately rules on any
objections asserted during that
process

319

Video deposition of John
Kulogo

Plaintiffs object to the use of
deposition transcripts and videos
until the court requires the parties
to meet and confer on deposition
offers and ultimately rules on any
objections asserted during that
process

320

Deposition of Bryan
Wroblewski

Plaintiffs object to the use of
deposition transcripts and videos
until the court requires the parties
to meet and confer on deposition
offers and ultimately rules on any
objections asserted during that
process

4

321

Video deposition of Bryan
Wroblewski

Plaintiffs object to the use of
deposition transcripts and videos
until the court requires the parties
to meet and confer on deposition
offers and ultimately rules on any
objections asserted during that
process

322

Deposition of Dale Radcliff

Plaintiffs object to the use of
deposition transcripts and videos
until the court requires the parties
to meet and confer on deposition
offers and ultimately rules on any
objections asserted during that
process

323

Video deposition of Dale
Radcliff

Plaintiffs object to the use of
deposition transcripts and videos
until the court requires the parties
to meet and confer on deposition
offers and ultimately rules on any
objections asserted during that
process

324

Deposition of Ted Sokol

Plaintiffs object to the use of
deposition transcripts and videos
until the court requires the parties
to meet and confer on deposition
offers and ultimately rules on any
objections asserted during that
process

325

Video deposition of Ted
Sokol

Plaintiffs object to the use of
deposition transcripts and videos
until the court requires the parties
to meet and confer on deposition
offers and ultimately rules on any
objections asserted during that
process

5

326

Report of Ted Sokol

Plaintiffs object on the grounds
that Defendant did not produce a
report by Ted Sokol or a CV of
Ted Sokol. Assuming these
exhibits refer to the report, file,
and CV of Steve Sokol, Plaintiffs
reserve all objections until after
Plaintiffs have the opportunity to
depose Steve Sokol and examine
him regarding these exhibits.

327

Ted Sokol's file on the
incident

Plaintiffs object on the grounds
that Defendant did not produce a
report by Ted Sokol or a CV of
Ted Sokol. Assuming these
exhibits refer to the report, file,
and CV of Steve Sokol, Plaintiffs
reserve all objections until after
Plaintiffs have the opportunity to
depose Steve Sokol and examine
him regarding these exhibits.

328

Ted Sokol's curriculum
vitae

Plaintiffs object on the grounds
that Defendant did not produce a
report by Ted Sokol or a CV of
Ted Sokol. Assuming these
exhibits refer to the report, file,
and CV of Steve Sokol, Plaintiffs
reserve all objections until after
Plaintiffs have the opportunity to
depose Steve Sokol and examine
him regarding these exhibits.

329

The entire file of the
Nebraska State Patrol
relating to this accident on
August 8, 2015 and received
a copy of the entire file of
the Nebraska State Patrol
including, but not limited to:
Fax from Dean
Briesemeister to Nebraska
State Patrol with
Verification of Employment
dates of Freddie Galloway
(Nebraska State Patrol.
File, page TD000096)
Ecklund's most recent
repairs and work orders on
their truck in question
(Nebraska State Patrol,
pages TD000097-98,

See Plaintiffs' Motion in Limine
No. I

330

331

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TDOOOl 14, TDOOOl 16)

332

333

334

335

336

337

338

339

340

Freddie Galloway's current
DOT Medical Examiner's
Certificate Nebraska State
Patrol File, pa_ge TD000099)
Copies of the most recent
inspection of the trailer and
tractor from before the
accident (Nebraska State
Patrol, pa_ge TDOOOl 15)
Copies of the detailed Motor
Vehicle Accident Report
and investigation (Nebraska
State Patrol, pages
TDOOOl 17-124)
Copies of the detailed postaccident vehicle inspection
of the Ecklund vehicle
performed by the Nebraska
State Patrol (Nebraska State
Patrol, pages TD000125127)
Copies of dozens of
photographs of the vehicles,
area and accident scene on
disk (pages TD000129-158,
pictures omitted)
York County Sheriff's
Office entire 129 page file
on the accident in question
The Investigator's Motor
Vehicle Accident Report
from the York County
Sheriff's Office
York County Sheriff's
Office's post-accident
measurements for an
accident reconstruction
(York County Sheriff's
Office file, page 000008)

York County Sheriff's
Office's narrative reports
(York County Sheriff's
Office's file, pages 000009,
000013-16)

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See Plaintiffs Motion in Limine
No. 1

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Plaintiffs reserve objections
pending identification by
Defendant of which photos are
"omitted" as referred to in
Defendant's Exhibit List
See Plaintiffs Motion in Limine
No. I
See Plaintiffs Motion in Limine
No. I

Objection to the use of this page
as it is a black and white copy;
Plaintiffs have no objection to the
use of the color version of this
document identified on Plaintiffs'
Exhibit List as the last page of
Plaintiffs' Exhibit 8

See Plaintiffs Motion in Limine
No. I

7

341

342

343

344

345

346
347

348

349

350

351

352

353

York County Sheriffs
Office's accident
reconstruction
measurements and notes
with corresponding
photographs (York County
Sheriffs Office's file, page
00002027)
York County Sheriffs
Office's on-scene
photographs (York County
Sheriffs Office's file, pages
000062-128, pictures
omitted)
On the scene audio
recordings from the
Nebraska State Patrol or
York County Sheriffs office
of interviews of Freddie
Galloway and witness Mark
Coleman
GPS data of the Ecklund
vehicle taken by
Defendant's accident
reconstruction expert, Ted
Sokol, along with his entire
file
Photographs obtained by
Plaintiffs counsel from the
York New Times newspaper
File of the York Fire
Department
Wisconsin Certificate of
Title for the truck in
question
Maintenance documents for
the truck in question
(number 715) for 2006
Maintenance documents for
the truck in question
(number 715) 2007
Maintenance documents for
the truck in question
(number 715) 2009
Maintenance documents for
the truck in question
(number 715) 2012
Subpoenaed phone records
of Plaintiffs' decedent

/
Plaintiffs reserve objections
pending identification by
Defendant of which photos are
"omitted" as referred to in
Defendant's Exhibit List
Objection the use of audio
recordings of Mark Coleman as
Plaintiffs are unaware that such
audio existed or was produced in
this case.

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Plaintiffs reserve objection until
such documents are obtained
and/or produced

Defendant reserves the right
to offer any exhibits listed
by Plaintiffs

8