Thompson et al v Autoliv Safety Technology Inc et al

Filing 262

MINUTES OF PROCEEDINGS - Jury Trial (Day 1) held on 7/28/2014 before Judge Jennifer A. Dorsey. Crtrm Administrator: D. Sherwood; Pla Counsel: Clay Robbins, Edward Achrem; Def Counsel: David Tippetts. Michael Stoberski, Matthew Cove ler, Benjamin Zinnecker; Court Reporter/FTR #: Felicia Zabin; Time of Hearing: 8:40 a.m.; Courtroom: 6D; ORDERED 255 Plaintiff's Expedited Motion to Preclude TRW from Presenting Defenses, Witnesses, Evidence and Testim ony that Exceeds the Scope of the Plaintiff's Remaining Product Liability Claim Regarding Consumer Expectation. Voir Dire proceeds. Jury Selected. Opening Statements presented by counsel. Plaintiff's Witnesses: Nicole Thompson. Evidence admitted. Jury Trial continued to 7/29/2014 09:00 AM in LV Courtroom 6D before Judge Jennifer A. Dorsey. (See Attached Minutes.) (Copies have been distributed pursuant to the NEF - DMS)

UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
NICOLE THOMPSON,
Plaintiff,
vs.
TRW AUTOMOTIVE U.S. LLC.,
Defendant.

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Case 2:09-CV-1375-JAD-PAL
DATED: July 28, 2014

PRESENT: THE HONORABLE JENNIFER A. DORSEY, U.S. DISTRICT JUDGE
DEPUTY CLERK:

Donna Sherwood

COURT REPORTER: Felicia Zabin

COUNSEL FOR PLAINTIFF: Clay Robbins, Edward Achrem
COUNSEL FOR DEFENDANT: David Tippetts, Michael Stoberski,
Matthew Coveler, Benjamin Zinnecker
PROCEEDINGS: JURY TRIAL (DAY 1)
8:40 a.m. Court convenes.
The Court places detailed findings on the record and DENIES [255]
Plaintiff’s Expedited Motion to Preclude TRW from Presenting
Defenses, Witnesses, Evidence and Testimony that Exceeds the Scope
of the Plaintiff’s Remaining Product Liability Claim Regarding
Consumer Expectation.
Mr. Robbins withdraws Plaintiff’s punitive damage claim.
Counsel have no objections to the proposed voir dire questions.
On inquiry by the Court, Plaintiff estimates twelve days for their
case-in-chief; Defendants estimate six days for their case-inchief.
The Court and counsel confer on issues relating to the length of
trial.
Mr. Tippetts places on the record the evidentiary stipulations of
the parties.
Mr. Robbins has no objection to the two photographs defendant will
use in opening statements.

2:09-CV-1375-JAD-PAL
7/28/2014
Page 2
The Court places additional findings on the record as to [255].
9:20 a.m. Court stands at recess.
9:30 a.m. Court reconvenes in the presence of forty prospective
jurors. All parties are present.
The Court makes opening remarks and introduces court staff.
Prospective jurors are sworn and voir dire commences.
12:00 p.m. Prospective jurors admonished and excused. Court stands
at recess.
Counsel exercise their peremptory challenges.
12:25 p.m. Court reconvenes outside the presence of the prospective
jurors. All parties are present.
Counsel have no objections to the peremptory challenges or to the
process.
12:30 p.m. Court reconvenes in the presence of the prospective
jurors. All parties are present.
Selected jury seated and sworn.

Unselected jurors excused.

12:35 p.m. Jury admonished and excused.

Court stands at recess.

1:50 p.m. Court reconvenes in the presence of the jury.
parties are present.

All

The Court gives preliminary instructions to the jury on the order
of trial proceedings.
Opening statements are presented by Mr. Robbins on behalf of the
Plaintiff.
2:44 p.m. Jury admonished and excused.

Court stands at recess.

2:55 p.m. Court reconvenes in the presence of the jury.
parties are present.

All

2:09-CV-1375-JAD-PAL
7/28/2014
Page 3
Opening statements are presented by Mr. Tippetts on behalf of the
Defendant.
The Court instructs the jury that Autoliv is not a party in this
case.
NICOLE THOMPSON, Plaintiff, is sworn and testifies on direct
examination by Mr. Achrem. Plaintiff’s Exhibits 20, 132 (sheet
music only) and 193 marked and admitted in evidence. Plaintiff’s
Exhibit 196 marked, but not admitted.
IT IS ORDERED the Jury Trial is continued to Tuesday, July 29,
2014, at 9:00 a.m.
4:45 p.m. Jury admonished and excused.
Mr. Achrem presents argument why the CD contained in Plaintiff’s
Exhibit 132 should be admitted in evidence. Mr. Tippetts argues in
opposition.
The Court finds if Mr. Achrem can lay the foundation, then the CD
will be admitted.
Mr. Tippetts requests clarification on the Court’s Order regarding
Autoliv.
The Court will not make any ruling on that at this time.
4:55 p.m. Court adjourns.
LANCE S. WILSON, CLERK
By:
/S/
Donna Sherwood, Deputy Clerk