Davis v. Baroco Electrical Construction Co.

Full title: MARK W. DAVIS, Plaintiff, v. BAROCO ELECTRICAL CONSTRUCTION COMPANY, and…

Court: United States District Court, S.D. Alabama, Southern Division

Date published: Feb 15, 2001

Civil Action No. 99-1055-S (S.D. Ala. Feb. 15, 2001)

Opinion

Civil Action No. 99-1055-S.

February 15, 2001.

ORDER

WILLIAM H. STEELE, J.

The above-styled action came on for trial by jury on February 13 and 14, 2001, before the Honorable William H. Steele, United States Magistrate Judge. The jury was selected, but not sworn before Magistrate Judge Steele on January 30, 2001.

Outside the presence of the jury on February 13, 2001, the parties consented on the record to trial by a Magistrate Judge. The jury was duly sworn, and trial commenced. The Plaintiff presented his case-in-chief, and rested.

At the conclusion of the Plaintiff's evidence, Defendant Baroco Electrical Construction Company filed a motion for directed verdict as to counts two, four and five of the Plaintiff's complaint. The motion was GRANTED as to the intentional infliction of emotional distress claim (count 4), and the assault and battery claim (count 5), and DENIED as to the retaliation claim (count 2). Defendant Phillip White orally moved for directed verdict as to counts three, four and five of the Plaintiff's complaint. The motion was GRANTED as to the invasion of privacy claim (count 3), and DENIED as to the intentional infliction of emotional distress claim (count 2), and the assault and battery claim (count 5).

Defendant Phillip White presented his case to the jury and rested, and Defendant Baroco Electrical Construction Company presented its case to the jury and rested. The Plaintiff then presented rebuttal evidence and rested.

At the close of all the evidence Defendant Baroco Electrical Construction Company filed a written motion, renewing its motion for directed verdict as to count two, and such motion was endorsed DENIED.

On February 14, 2001, the Court held a charge conference with counsel, and 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 14^th day of February, 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 verdicts into open court with counsel and their clients present (Verdict Form and Special Interrogatories to the Jury attached).

By separate document, the Court will enter judgment in accordance with its findings and the verdict of the jury.