Opinion
Civil Action No. 00-0138-AH-L.
March 22, 2001.
ORDER
The above-styled action came on for trial by jury on March 20 and 21, 2001, before the Honorable Alex T. Howard, Jr., Senior United States District Judge. The jury was selected, but not sworn, before Chief Judge Charles R. Butler, Jr. on March 6, 2001.
On March 20, 2001, in camera, outside the presence of the jury, the Court heard the parties' arguments regarding admission of hospital and doctors' bills. Defendant objected to admission on the ground that no evidence had been submitted by the doctors as to the reasonableness of their charges, and the Court sustained the objection. The Court advised the parties that the hospital bills would be admissible. Plaintiffs orally moved for continuance of trial on the ground that their inability to introduce the doctors' bills would put them at a severe disadvantage. Defendant objected to a continuance. Parties stipulated to admission of doctors' bills with a charge to the jury that they would determine the reasonableness of such bills, rendering Plaintiffs' motion to continue MOOT. The Court advised the Plaintiffs that it would not rule on their proposed jury charges since they were not filed until the afternoon of the day before trial in violation of the Court's pre-trial order that they be filed one week prior to trial.
The jury was then duly sworn, and trial commenced. The Plaintiffs presented their case-in-chief, and rested. At the conclusion of the Plaintiffs' evidence, the Defendant filed a motion for directed verdict, and such motion was DENIED for the reasons as stated on the record. The defendant then rested, and a charge conference was held with counsel.
On March 21, 2001, the Plaintiffs moved to reopen their case in order to offer a mortality table (Plaintiffs' exhibit no. 19) into evidence. Defendant did not object to such, the motion was GRANTED, and said exhibit was admitted into evidence. The respective parties presented their closing arguments to the jury. The Court charged the jury on the applicable law, and the jury commenced their deliberations.
Now, on the 21st day of March, 2001, comes the jury who having heard the evidence, the arguments of counsel, the charge of the Court and having considered the same upon their oaths return their verdict into open court with counsel and their clients present, to wit:
WE, THE JURY, FIND FOR THE DEFENDANT, WAL-MART STORES, INC.
By separate document, the Court will enter judgment in accordance the verdict of the jury.