Opinion
Civil Action No. 08-cv-00491-WJM-MEH
03-27-2012
AMY BULLOCK, as an individual, as the next of kin and personal representative of JEFFREY BULLOCK, deceased, and as Parent and Next Friend of ADAM BULLOCK, CHELSEA BULLOCK, and MELISSA BULLOCK, Plaintiff, v. DAIMLER TRUCKS NORTH AMERICA, LLC., a limited liability company, Defendant.
Judge William J. Martínez
Courtroom Deputy: Deborah Hansen
Court Reporter: Tamara Hoffschildt
Counsel:
Michael J. Thomson
Peter F. Jones
Darin J. Lang
Leslie A. Kendrick
COURTROOM MINUTES
JURY TRIAL - DAY SEVEN
09:03 am. Court in Session - jury present
DEFENDANT'S ELEVENTH WITNESS HARRY L. SMITH
09:05 Direct (by Mr. Jones)
EXHIBITS IDENTIFIED, OFFERED AND RECEIVED: A-17
Defendant offers Dr. Harry Smith as an expert in biodynamics, occupant kinematics and injury causation.
Plaintiff objects.
ORDERED: Plaintiff's objection is overruled. Dr. Smith is qualified to testify under Rule 702 as an expert witness and give expert testimony in the areas of biodynamics, occupant kinematics and injury causation.
EXHIBITS IDENTIFIED, OFFERED AND RECEIVED: A-72, except for pages 6 and 7
10:25 Jury excused
Defendant offers A-72, pages 6 and 7
Plaintiff objects.
EXHIBIT OFFERED AND REFUSED (objection sustained): A-72, pages 6 and 7
10:28 Court in Recess
10:46 Court in Session - with jury
DEFENDANT'S ELEVENTH WITNESS HARRY L. SMITH
10:46 Direct continued (by Mr. Jones)
10:58 Cross (by Mr. Thomson)
11:34 Redirect
11:37 - 11:41 Bench conference
EXHIBIT IDENTIFIED, OFFERED AND RECEIVED: Q
11:43 Defense Rests.
11:44 Jury excused until 9:30 tomorrow.
The Defendant renews its prior motions made at the conclusion of the Plaintiff's case for a directed verdict or to dismiss based on the inadequacy of the Plaintiff's proof - incorporating by reference, again, his argument entered on the record yesterday, as if fully set forth (by Mr. Jones).
Mr. Thomson incorporates by reference, again, his argument entered on the record yesterday, as if fully set forth.
Defendant's offer of proof regarding pages 6 and 7 of A-72 (by Mr. Jones)
Court's findings and conclusions entered on the record.
The Court finds and concludes as follows:
1. There is a legally sufficient evidentiary basis for a reasonable jury to find in favor of Plaintiff on both of her product liability claims;
2. Defendant is not entitled to judgment as a matter of law on Plaintiff's product liability claims;
3. There is not a legally sufficient evidentiary basis for a reasonable jury to find in favor of Plaintiff on her claim for exemplary damages; and
4. That Defendant is entitled to judgment as a matter of law on Plaintiff's claim for exemplary damages.
ORDERED: Defendant's Rule 50 Motion for Judgment as a Matter of Law on Plaintiff's Product Defect Claim [ECF No. 416] is DENIED IN PART and DENIED AS MOOT IN PART.
Defendant's Rule 50 Motion for Judgment as a Matter of Law on Plaintiff's Claim for Exemplary Damages [ECF No. 415] is GRANTED.
Court's comments
Closing arguments will be limited to 35 minutes each.
Mr. Thomson shall let the Court know by tomorrow morning how he wishes to divide the time for his closing. A two-minute warning will be given for each main closing; and a one minute warning for the Plaintiff's rebuttal.
At 8:15 tomorrow morning counsel should be present to receive the final set of jury instructions. Counsel will then have a half an hour to review them.
The charging conference will commence at 8:45.
12:23 p.m. Court in Recess Trial continued Time: 3 hours and 2 minutes