Johnson v. United States

Full title: JOHNANAS JOHNSON and JENNIFER JOHNSON, husband and wife, Plaintiffs, v…

Court: United States District Court, Western District of Washington

Date published: Dec 1, 2021

3:20-cv-05581-MJP (W.D. Wash. Dec. 1, 2021)

Opinion

3:20-cv-05581-MJP

12-01-2021

JOHNANAS JOHNSON and JENNIFER JOHNSON, husband and wife, Plaintiffs, v. UNITED STATES OF AMERICA, Defendant.

NICHOLAS W. BROWN United States Attorney MATT WALDROP Assistant United States Attorney

Marsha J. Pechman United States Senior District Judge

NICHOLAS W. BROWN United States Attorney

MATT WALDROP Assistant United States Attorney

PRETRIAL ORDER

Marsha J. Pechman United States Senior District Judge

I. JURISDICTION

Jurisdiction in this matter is premised upon the Federal Tort Claims Act, 28 U.S.C. § 1346(b) and 2679(b)(1). The United States has waived sovereign immunity for the negligent or wrongful acts or omissions of any federal employee acting within the scope of employment, under circumstances where the United States, if a private person, would be liable to the plaintiff in accordance with the law of the place where the act or omission occurred. 28 U.S.C. § 1346(b). The parties agree that Washington state law substantively governs the claims to be adjudicated at trial in this matter.

Venue is proper under 28 U.S.C. § 1402(b).

II. CLAIMS AND DEFENSES

Plaintiffs will pursue at trial the following claims: (1) monetary damages for personal injuries to Plaintiff John Johnson, including economic damages (past medical expenses, wage loss, and property loss) and noneconomic damages (past and future pain and suffering; past and future disability; past and future disfigurement; and past and future loss of enjoyment of life), arising out of the November 10, 2018 motor vehicle collision; and (2) monetary damages for loss of consortium damages to Plaintiff Jennifer Johnson, wife of Plaintiff John Johnson.

The Defendant will pursue the following affirmative defenses and/or claims: (1) Any injuries or damages to the Plaintiffs were not proximately caused by a negligent or wrongful act or omission of any agent, employee or representative of the United States; (2) Plaintiffs failed to mitigate, obviate, diminish or otherwise act to lessen or reduce the injuries, damages and disabilities alleged; (3) Plaintiffs' injuries and damages, if any, were caused by other preexisting or unrelated sicknesses, injuries, or other medical conditions.

III. ADMITTED FACTS

The following facts are admitted by the parties:

1. Plaintiffs John and Jennifer Johnson are husband and wife and residents of Washington.

2. The United States of America is the Defendant, and the Postal Service worker involved in the collision, Michael Murray, was acting as an employee of the United States within the scope of his employment.

3. Plaintiffs have satisfied the administrative exhaustion requirements under the FTCA, 28 U.S.C. § 2401.

4. A collision occurred on Boone Street in Aberdeen, Washington on November 10, 2018 at approximately 11:00 a.m., involving a Postal Service LLV¹ driven by Michael Murray and a 2016 Kawasaki motorcycle driven by John Johnson.

1 “LLV” stands for “Long Life Vehicle” and refers to the type of Postal Service vehicle involved in the collision.

5. Boone Street at this location has two southbound lanes, two northbound lanes, and a center turn lane.

6. The speed limit on Boone Street at this location is 35 mph.

7. Mr. Murray was attempting to turn left onto Boone Street (intending to head south on Boone Street) from a driveway/parking lot at the Thai Carrot restaurant when he collided with Mr. Johnson's motorcycle.

8. The collision and a portion of the events leading up to the collision were captured on a security camera at ¶ 7-Eleven store.

9. Mr. Johnson had turned left from MacFarlane Street onto Boone Street, after getting gas at ¶ 7-Eleven store when his motorcycle collided with the postal truck.

10. The right front of the Johnson motorcycle collided with the right front of the LLV.

11. The Aberdeen Police Department responded to the collision and photographed the scene.

12. The motorcycle slid on its left side on the asphalt roadway after the collision, resulting in scraping damage to the left side of the motorcycle.

13. Mr. Johnson was transported from the scene by ambulance to Grays Harbor Community Hospital in Aberdeen.

14. Mr. Johnson had a partial amputation of approximately 1.9 cm of the tip of his right middle finger and an approximately 2.0 cm laceration to the tip of his right index finger with nailbed involvement.

15. Mr. Johnson also alleged injuries to his right knee and his tailbone/coccyx.

16. After being treated in the Emergency Room on the day of the collision, Mr. Johnson returned to the Emergency Room for further treatment for the fingers on his right hand on November 13, 2018 and November 16, 2018.

17. On November 16, 2018, Mr. Johnson had a surgical procedure performed by orthopedic surgeon Erin Kawasaki, M.D.

18. Mr. Johnson had follow-up orthopedic care for his right index and middle fingers from Dr. Kawasaki and Greg May, M.D.

19. Mr. Johnson had occupational therapy for his right index and middle fingers from Jarod Mann, O.T.R., C.H.T., of Coastal Hand Therapy.

20. Mr. Johnson had physical therapy for his wrists and right knee from Harbor Physical Therapy.

21. Mr. Johnson also saw physicians at Olympia Orthopedic Associates for his right knee.

22. Mr. Johnson's medical bills are: $38, 073.92. The reasonableness and necessity of the medical bills are not disputed.

23. Mr. Johnson was working two part-time jobs at the time of the collision. In the mornings, he worked in the cafeteria at Hoquiam Middle School. In the afternoons, he worked at a construction job in Ocean Shores, Washington for Total Building Concepts.

24. Mr. Johnson returned to working at the Hoquiam Middle School cafeteria on February 12, 2019.

25. The Postal Service issued a letter of warning to Mr. Murray after the collision.

IV. ISSUES OF LAW

The following are the issues of law to be determined by the Court:

1. Has Plaintiff proved by a preponderance of the evidence that the Postal Service driver breached his duty to exercise reasonable care to Plaintiff John Johnson and was therefore negligent?

2. If Defendant was negligent, what injuries to Plaintiff John Johnson has Plaintiff proved were proximately caused by that negligence, by a preponderance of the evidence?

3. What, if any, is the amount of Plaintiff John Johnson's economic damages for:

a. Past medical expenses

b. Wage loss

c. Property damage (total loss of motorcycle)

4. What, if any, is the amount of Plaintiff John Johnson's noneconomic damages for:

a. Past and future physical pain and mental suffering

b. Past and future disability

c. Past and future disfigurement

d. Past and future loss of enjoyment of life

5. What, if any, is the amount of Plaintiff Jennifer Johnson's damages for loss of consortium?

V. EXPERT WITNESSES

The names and addresses of the expert witnesses to be used by each party at the trial and the issue upon which each will testify is:

(1) On behalf of plaintiff:

Mark Erickson, P.E.

Erickson Forensic

1800 Blankenship Rd, Suite 355

West Linn, OR 97068

(503) 201-9213

mark@ericksonforensic.com

Mr. Erickson is a mechanical engineer specializing in accident reconstruction. He will testify regarding his collision reconstruction analysis.

(2) On behalf of the United States:

James W. Pritchett, M.D.

901 Boren Avenue, #711

Seattle, WA 98104 (206)-323-1900

Dr. Pritchett is an orthopedic surgeon. He will testify regarding his opinions about Mr.

Johnson's knee injury.

Rajiv Goel, M.D.

Sound Hand & Orthopedics

4616 25^th Avenue N.E., #739

Seattle, WA 98105

(206)-257-3350

Dr. Goel is an orthopedic surgeon. He will testify regarding his opinions about Mr. Johnson's hand injury.

VI. OTHER WITNESSES

The names and addresses of witnesses, other than experts, to be used by each party at the time of trial and the general nature of the testimony of each are:

(a) On behalf of Plaintiffs:

Eyewitnesses:

Johnanas “John” Johnson c/o Stritmatter Kessler Koehler Moore

413 8^th Street

Hoquiam, WA 98550

360-533-2710 johnanasjohnson@yahoo.com

Mr. Johnson will testify to the facts of the collision and damages issues.

Frederick Doe

1913 Coolidge Road, # 17

Aberdeen, WA 98520 360-660-4091

fadoe8184@gmail.com

Mr. Doe was an eyewitness to the collision and will testify regarding his observations.

Michael Murray

c/o Matt Waldrop

Assistant United States Attorney

United States Attorney's Office

700 Stewart Street, Suite 5220

Seattle, WA 98101

Mr. Murray was the driver of the Postal Service LLV and will testify regarding liability issues.

Treating Medical Providers:

Greg May, M.D. - Will Testify

Harbor Orthopedic

1211 Skyview Drive

Aberdeen, WA 98520 360-532-3808

Assistant: Tonya Tisdale -- totisdale@hmgcares.org

Dr. May is an orthopedic surgeon who treated Mr. Johnson. Dr. May will testify regarding the treatment that he provided to Mr. Johnson, as well as treatment provided by his former partner, Erin Kawasaki, D.O., who moved out of town to a different practice, the cause of Mr. Johnson's injuries, the nature and extent of his injuries, and his evaluation and prognosis with regard to the injuries Dr. May treated.

Jarod Mann, O.T.R, C.H.T. - Will Testify

Coastal Hand & Physical Therapy

303 South F Street

Aberdeen, WA

360-970-7894

jarodmann@hotmail.com

Jarod Mann is an occupational therapist whose practice focuses on treatment of hand injuries. Mr. Mann will testify about the treatment that he provided to Mr. Johnson, the limitations that Mr. Johnson has with regard to range of motion and strength due to the injuries to the right index and middle fingers, and how those limitations affect activities with regard to use of his right hand.

Damages Witnesses - Friends and Family:

Jennifer Johnson - Will Testify

c/o Stritmatter Kessler Koehler Moore

413 8^th Street

Hoquiam, WA 98550 360-533-2710

johnanasjohnson@yahoo.com

Jennifer Johnson is the spouse of John Johnson and will testify about damages issues.

David Jorgensen - Will Testify 2836 26^th Ave NE Olympia WA 98506 253-632-7031 david.jorgensen@comcast.net

David Jorgensen is a friend of John Johnson and will testify about damages issues.

Mickey “Dan” Daniel Lane - Will Testify

519 J St

Hoquiam, WA 98550 360-593-0352

mickeylane77@gmail.com

Dan Lane is John Johnson's father-in-law and will testify about damages issues.

Tami Lane - Will Testify

519 J St

Hoquiam, WA 98550 360-593-0350

tamilane62@gmail.com

Tami Lane is John Johnson's mother-in-law and will testify about damages issues.

Mary Brittinen - Will Testify

2433 Sumner Ave

Hoquiam, WA 98550

360-500-9473

marybrittinen@comcast.net

Mary Brittinen is John Johnson's mother and will testify about damages issues.

Justin Graham - Will Testify

431 Eklund Ave.

Hoquiam, WA 98550

360-581-0122 grahamfj40@gmail.com

Justin Graham is a friend of John Johnson and will testify about damages issues.

(b) On behalf of the United States:

Records Custodian for Hoquiam School District, No. 28 - May Testify

325 West Chesnault Avenue

Hoquiam, WA 98550

The United States may call a records custodian to discuss Mr. Johnson's payroll and employment records for the Hoquiam School District.

Records Custodian for Total Building Concepts, Inc. - May Testify

P.O. Box 1956

Ocean Shores, WA 98569

The United States may call a records custodian to discuss Mr. Johnson's payroll and employment records for Total Building Concepts.

Mary Christensen - May Testify

c/o Matt Waldrop

Assistant United States Attorney

United States Attorney's Office

700 Stewart Street, Suite 5220 Seattle, WA 98101

Ms. Christensen is a USPS employee and may testify regarding forms she completed on behalf of the USPS.

VII. EXHIBITS

Plaintiff's Exhibits

Exh. No.	Description	Authenticity	Admissibility	Objection	Admitted
1	Drone image of 7-Eleven and Boone St	Stipulated	Stipulated
2	Drone image of 7-Eleven	Stipulated	Stipulated
3	Drone image of intersection View 1	Stipulated	Stipulated
4	Drone image of intersection View 2	Stipulated	Stipulated
5	Drone image of intersection View 3	Stipulated	Stipulated
6	Drone image of intersection View 4	Stipulated	Stipulated
7	Drone image of intersection View 5	Stipulated	Stipulated
8	Drone image of intersection View 6	Stipulated	Stipulated
9	Drone image of intersection View 7	Stipulated	Stipulated
10	Drone image of intersection View 8	Stipulated	Stipulated
11	7-Eleven security camera photo	Stipulated	Disputed	Fed. R. Evid. 611(a)
12	7-Eleven security camera Image 1 with Labels	Stipulated	Disputed	Fed. R. Evid. 611(a); foundation
13	7-Eleven security camera Image 3 with Labels	Stipulated	Disputed	Fed. R. Evid. 611(a); foundation

14	7-Eleven security camera images in sequence	Stipulated	Stipulated
15	Drone image of 7-Eleven camera location 1	Stipulated	Stipulated
16	Drone image of 7-Eleven camera location 2	Stipulated	Stipulated
17	Drone image of 7-Eleven camera location 3	Stipulated	Stipulated
18	Drone image of 7-Eleven camera location 4	Stipulated	Stipulated
19	7-Eleven video Image 1	Stipulated	Stipulated
20	7-Eleven video Image 2	Stipulated	Stipulated
21	7-Eleven video Image 3	Disputed	Disputed	Fed. R. Evid. 611(a); foundation
22	7-Eleven video Image 4	Stipulated	Stipulated
23	Drone image of Boone Street overhead 1	Stipulated	Stipulated
24	Drone image of Boone Street overhead 2	Stipulated	Stipulated
25	Drone image of Boone Street overhead 3	Stipulated	Stipulated
26	Drone image of Boone Street overhead 4	Stipulated	Stipulated
27	Drone image of Boone Street overhead 5	Stipulated	Stipulated
28	Drone image looking north on Boone	Stipulated	Stipulated

29	Drone image looking west 1	Stipulated	Stipulated
30	Drone image looking west 2	Stipulated	Stipulated
31	Drone image looking west 3	Stipulated	Stipulated
32	Drone image looking south on Boone	Stipulated	Stipulated
33	Drone image of MacFarlane overview	Stipulated	Stipulated
34	Drone image of MacFarlane overview	Stipulated	Stipulated
35	Drone image of mail truck exemplar	Stipulated	Disputed	Relevance
36	Photo of gas pumps at 7-Eleven	Stipulated	Stipulated
37	Photo of Boone Street view 1	Stipulated	Stipulated
38	Photo of Boone Street view 2	Stipulated	Stipulated
39	View from Thai Carrot 1	Stipulated	Stipulated
40	View from Thai Carrot 2	Stipulated	Stipulated
41	View from Thai Carrot 3	Stipulated	Stipulated
42	View from Thai Carrot 4	Stipulated	Stipulated
43	View from Thai Carrot 5	Stipulated	Stipulated
44	View from Thai Carrot 6	Stipulated	Stipulated
45	Laser scan location 1	Stipulated	Disputed	Relevance
46	Laser scan location 2	Stipulated	Disputed	Relevance
47	Laser scan location 3	Stipulated	Disputed	Relevance

12

48	Laser scan location 4	Stipulated	Disputed	Relevance
49	Laser scan location 5	Stipulated	Disputed	Relevance
50	Laser scan location 6	Stipulated	Disputed	Relevance
51	Laser scan location 7	Stipulated	Disputed	Relevance
52	Laser scan location 8	Stipulated	Disputed	Relevance
53	Laser scan location 9	Stipulated	Disputed	Relevance
54	Photo of Thai Carrot Photo of Thai Carrot mailboxes	Stipulated	Stipulated
55	Stipulated	Stipulated
56	Photo of Thai Carrot driveway and Boone	Stipulated	Stipulated
57	Photo looking east toward Thai Carrot	Stipulated	Stipulated
58	Photo of Thai Carrot Driveway	Stipulated	Stipulated
59	Photo looking east from 7-Eleven	Stipulated	Stipulated
60	Photo of damage to postal truck --labeled	Disputed	Disputed	Fed. R. Evid. 611(a); foundation; relevancy
61	Erickson illustration 1 --large	Disputed	Disputed	Fed. R. Evid. 611(a), Foundation, relevance, authenticity
62	Erickson illustration 1 - side by side	Disputed	Disputed	Fed. R. Evid. 611(a), Foundation, relevance, authenticity

13

63	Erickson illustration 2 --large	Disputed	Disputed	Fed. R. Evid. 611(a), Foundation, relevance, authenticity
64	Erickson illustration 2 - side by side	Disputed	Disputed	Fed. R. Evid. 611(a), Foundation, relevance, authenticity
65	Erickson illustration 2 - with labels	Disputed	Disputed	Fed. R. Evid. 611(a), Foundation, relevance, authenticity
66	Erickson illustration 3 - large	Disputed	Disputed	Fed. R. Evid. 611(a), Foundation, relevance, authenticity
67	Erickson illustration 3 - side by side	Disputed	Disputed	Fed. R. Evid. 611(a), Foundation, relevance, authenticity
68	Erickson illustration 3 - with labels	Disputed	Disputed	Fed. R. Evid. 611(a), Foundation, relevance, authenticity
69	Erickson illustration 4 - side by side	Disputed	Disputed	Fed. R. Evid. 611(a), Foundation, relevance, authenticity
70	Finger joints illustration 1	Disputed	Disputed	Fed. R. Evid. 611(a), Foundation, relevance, authenticity
71	Finger joints illustration 2	Disputed	Disputed	Fed. R. Evid. 611(a), Foundation,

14

				relevance, authenticity
72	Finger joints illustration 3	Disputed	Disputed	Fed. R. Evid. 611(a), Foundation, relevance, authenticity
73	Google Earth overhead view of the intersection	Stipulated	Stipulated
74	Identification of scene evidence 1	Disputed	Disputed	Fed. R. Evid. 611(a), Foundation, relevance, authenticity
75	Identification of scene evidence 2	Disputed	Disputed	Fed. R. Evid. 611(a), Foundation, relevance, authenticity
76	Photo of Kawasaki - right front 1	Stipulated	Stipulated
77	Photo of Kawasaki - right side 1	Stipulated	Stipulated
78	Photo of Kawasaki - right front 2	Stipulated	Stipulated
79	Photo of Kawasaki -front tire	Stipulated	Stipulated
80	Photo of Kawasaki - handlebar 1	Stipulated	Stipulated
81	Photo of Kawasaki - handlebar 2	Stipulated	Stipulated
82	Photo of Kawasaki - handlebar 3	Stipulated	Stipulated

15

83	Photo of Kawasaki - right front 3	Stipulated	Stipulated
84	Photo of Kawasaki - front tire and right turn lights 1	Stipulated	Stipulated
85	Photo of Kawasaki - right front turn light	Stipulated	Stipulated
86	Photo of Kawasaki - right front 4	Stipulated	Stipulated
87	Photo of Kawasaki - front tire and right turn light 2	Stipulated	Stipulated
88	Photo of Kawasaki - broken pieces 1	Stipulated	Stipulated
89	Photo of Kawasaki - broken pieces 2	Stipulated	Stipulated
90	Photo of Kawasaki - left front	Stipulated	Stipulated
91	Photo of Kawasaki - left rear scrape	Stipulated	Stipulated
92	Photo of Kawasaki - light	Stipulated	Stipulated
93	Photo of Kawasaki - turn bulb 1	Stipulated	Stipulated
94	Photo of Kawasaki - turn bulb 2	Stipulated	Stipulated
95	Photo of Kawasaki - turn bulb 3	Stipulated	Stipulated
96	Photo of Kawasaki - turn bulb 4	Stipulated	Stipulated

16

97	Photo of Kawasaki - turn bulb 5	Stipulated	Stipulated
98	Photo of Kawasaki - turn bulb 6	Stipulated	Stipulated
99	Photo of Kawasaki - turn bulb 7	Stipulated	Stipulated
100	Photo of Kawasaki - turn bulb 8	Stipulated	Stipulated
101	Photo of Kawasaki - turn bulb 9	Stipulated	Stipulated
102	Photo of Kawasaki - turn bulb 10	Stipulated	Stipulated
103	Photo of Kawasaki - head light 1	Stipulated	Stipulated
104	Photo of Kawasaki - head light 2	Stipulated	Stipulated
105	Photo of Kawasaki - turn bulb 11	Stipulated	Stipulated
106	Photo of Kawasaki - turn bulb 12	Stipulated	Stipulated
107	Photo of Kawasaki - turn bulb 13	Stipulated	Stipulated
108	Photo of Kawasaki - right rear lights	Stipulated	Stipulated
109	Photo of Kawasaki - turn light 14	Stipulated	Stipulated
110	Photo of Kawasaki - turn light 15	Stipulated	Stipulated

17

111	Photo of Kawasaki - left rear lights	Stipulated	Stipulated
112	Photo of Kawasaki - left rear lights	Stipulated	Stipulated
113	Photo of Kawasaki - turn bulb 16	Stipulated	Stipulated
114	Photo of Kawasaki - right side 2	Stipulated	Stipulated
115	Laser scan image of scene	Disputed	Disputed	Fed. R. Evid. 611(a), Relevance
116	Letter of warning to Michael Murray	Stipulated	Stipulated	Subject to Protective Order
117	Life expectancy table	Stipulated	Stipulated
118	Medical record - Dr. Kawasaki consultation 11/16/18	Stipulated	Stipulated
119	Medical record - Grays Harbor Community Hospital - ER 11/10/18	Stipulated	Stipulated
120	Medical record - Harbor Orthopedic 9/8/21	Stipulated	Stipulated
121	Medical record - Harbor Orthopedic 1/16/19 visit	Stipulated	Stipulated
122	Medical record - Harbor Orthopedic 4/16/19 visit	Stipulated	Stipulated
123	Medical record - Harbor Orthopedic 11/30/18 visit	Stipulated	Stipulated

18

124	Medical record - Jarod Mann report 8/12/21	Stipulated	Stipulated
125	Medical record - Jarod Mann report 12/3/18	Stipulated	Stipulated
126	Medical Expense Summary	Stipulated	Disputed	Relevancy,
127	Motorcycle bill of sale	Stipulated	Stipulated
128	Motorcycle damage labeled	Disputed	Disputed	Fed. R. Evid. 611(a), Relevance, foundation
129	Photo on motorcycle trip 1	Stipulated	Stipulated
130	Photo on motorcycle trip 2	Stipulated	Stipulated
131	Murray illustration of point of impact	Stipulated	Stipulated
132	Payroll records - Hoquiam School District	Stipulated	Stipulated
133	Payroll records - Total Building Concepts 10/18 to 5/19	Stipulated	Stipulated
134	Payroll records - Total Building Concepts 9/18 and 10/18	Stipulated	Stipulated
135	Photo - fingers in hospital 1	Stipulated	Stipulated
136	Photo -hand in hospital 2	Stipulated	Stipulated
137	Photo -hand in hospital 3	Stipulated	Stipulated
138	Photo -hand in hospital 4	Stipulated	Stipulated

19

139	Photo - in Stipulated hospital bed 1	Stipulated
140	Photo - in hospital bed 2	Stipulated	Stipulated
141	Photo - in hospital bed 3	Stipulated	Stipulated
142	Photo - preinjury hand	Stipulated	Stipulated
143	Photo at Camp Muir 1	Stipulated	Stipulated
144	Photo at Camp Muir 2	Stipulated	Stipulated
145	Photo at Mt. Adams 1 Photo at Mt. Adams 2	Stipulated	Stipulated
146	Stipulated	Stipulated
147	Photo at Mt. Elinor 1	Stipulated	Stipulated
148	Photo at Mt. Elinor 2	Stipulated	Stipulated
149	Photo at Mt. Rainier 1	Stipulated	Stipulated
150	Photo at Mt. Rainier 2	Stipulated	Stipulated
151	Photo at Mt. Shasta	Stipulated	Stipulated
152	Photo of both hands dated 11/21/18	Stipulated	Stipulated
153	Photo of clothing -- jacket	Stipulated	Stipulated
154	Photo of clothing Stipulated -- pants	Stipulated
155	Photo of fingertip 1	Stipulated	Stipulated
156	Photo of fingertip 2	Stipulated	Stipulated
157	Photo of fingers dated 1/4/19	Stipulated	Stipulated
158	Photo of fingers dated 1/14/19	Stipulated	Stipulated
159	Photo of fingers dated 2/1/19	Stipulated	Stipulated

20

177	Photo of right hand dated 11/21/18 -- 2	Stipulated	Stipulated
178	Photo of soccer team	Stipulated	Disputed	Relevance
179	Photo snowboarding at White Pass	Stipulated	Stipulated
180	Photo with braces dated 11/21/18	Stipulated	Stipulated
181	Police photo - collision scene 0001	Stipulated	Stipulated
182	Police photo - collision scene 0002	Stipulated	Stipulated
183	Police photo - collision scene 0003	Stipulated	Stipulated
184	Police photo - collision scene 0004	Stipulated	Stipulated
185	Police photo - collision scene 0005	Stipulated	Stipulated
186	Police photo - collision scene 0006	Stipulated	Stipulated
187	Police photo - collision scene 0007	Stipulated	Stipulated
188	Police photo - collision scene 0008	Stipulated	Stipulated
189	Police photo - collision scene 0009	Stipulated	Stipulated
190	Police photo - collision scene 0010	Stipulated	Stipulated
191	Police photo - collision scene 0011	Stipulated	Stipulated

21

192
194	Police photo - collision scene 0014	Stipulated	Stipulated
195	Police photo - collision scene 0015	Stipulated	Stipulated
196	Police photo - collision scene 0016	Stipulated	Stipulated
197	Police photo - collision scene 0017	Stipulated	Stipulated
198	Police photo - collision scene 0018	Stipulated	Stipulated
199	Police photo - collision scene 0019	Stipulated	Stipulated
200	Police photo - collision scene 0020	Stipulated	Stipulated
201	Police photo - collision scene 0021	Stipulated	Stipulated
202	Police photo - collision scene 0022	Stipulated	Stipulated
203	Postal Service accident report PS 1769	Stipulated	Stipulated
204	Postal Service accident report with Murray Statement Standard Form	Stipulated	Stipulated

22

205	Postal Service Driving Guidelines 1	Stipulated	Stipulated
206	Postal Service Driving Guidelines 2	Stipulated	Stipulated
207	Postal Service Driving Regulations	Stipulated	Stipulated
208	Requests for Admission - medical expenses	Stipulated	Stipulated
209	Summary of dates of medical treatment	Disputed	Disputed	Fed. R. Evid. 1006, Foundation, relevance, authenticity
210	Summary of time lost from work	Disputed	Disputed	Fed. R. Evid. 1006, Foundation, relevance, authenticity
211	Summary of wage loss	Disputed	Disputed	Fed. R. Evid. 1006, Foundation, relevance, authenticity
212	Photo of turn bulb hot shock	Disputed	Disputed	Fed. R. Evid. 611(a), Foundation, Relevance, authenticity
213	Video of the collision	Stipulated	Stipulated
214	Video of the collision --Combined	Stipulated	Stipulated
215	Video of Johnson arriving at 7-Eleven	Stipulated	Stipulated
216	Video of Johnson getting gas	Stipulated	Stipulated

23

217	Video of Johnson preparing to leave 7-Eleven	Stipulated	Stipulated
218	Video - laser scan of the incident site	Stipulated	Disputed	Fed. R. Evid. 611(a), Relevance
219	Video - laser scan of the Kawasaki	Stipulated	Disputed	Fed. R. Evid. 611(a), Relevance
220	Video - postal truck at 7-Eleven	Stipulated	Stipulated
221	Drone Video - security camera - 7-Eleven	Stipulated	Disputed	Fed. R. Evid. 611(a), relevance
222	Video - site approach	Stipulated	Disputed	Fed. R. Evid. 611(a), Relevance
223	Washington State Driver Guide Section 3 pages 23-25	Stipulated	Stipulated
224	CAD file - Three-dimensional computer model of the incident scene, including the vehicles. Includes laser scan measurements at the crash site and of the motorcycle.	Disputed	Disputed	Fed. R. Evid. 611(a), Foundation, relevance,
225	Illustration of a Jamar Dynamometer	Disputed	Disputed	Fed. R. Evid. 611(a), Foundation, relevance
226	Illustration of Pinch Testing	Disputed	Disputed	Fed. R. Evid. 611(a), Foundation, relevance,

24

Exh. No. Description	Authenticity	Admissibility Objection	Admitted

Defendant's Exhibits

Exh. No. 300 301 302 303 304 305 306 307	Description	Authenticity	Admissibility	Objection	Admitted
USPS Completed Training for Michael Murray (USAO 528)	Stipulated	Stipulated
USPS Form 1700 (USAO 1-8)	Stipulated	Disputed	Hearsay - FRE 802
Murray Statement to Aberdeen PD (USAO 388)	Stipulated	Disputed	Hearsay - FRE 802
Johnson Statement to Aberdeen PD (USAO 389)	Stipulated	Stipulated
F. Doe Statement to Aberdeen PD (USAO 390)	Stipulated	Stipulated
Aberdeen Fire Department Note (USAO 743 - 746)	Stipulated	Stipulated
Accident Scene Photos by USPS (USAO 1094 - 1100)	Stipulated	Stipulated
2-27-12 Lumbar X-Ray (USAO 1207)	Stipulated	Disputed	FRE 402 -- Relevance - subject

25

				of motion in limine
308	5-10-12 Lumbar Block (USAO 1208-1209)	Stipulated	Disputed	FRE 402 -- Relevance - subject of motion in limine
309	10-15-14 N.W. Center for Integrative Medicine Note (USAO 1939)	Stipulated	Disputed	FRE 402 -- Relevance - subject of motion in limine
310	8-14-13 N.W. Center for Integrative Medicine Note (USAO 1947-1948)	Stipulated	Disputed	FRE 402 -- Relevance - subject of motion in limine
311	4-1-15 Right Toe X-Ray (USAO 1212)	Stipulated	Disputed	FRE 402 - - Relevance

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				- subject of motion in limine
312	4-4-16 Note from Dr. Tronvig (USAO 1302-1303)	Stipulated	Disputed	FRE 402 -- Relevance - subject of motion in limine
313	7-26-16 Note from Dr. Tronvig (USAO 1318-1319)	Stipulated	Disputed	FRE 402 -- Relevance - subject of motion in limine
314	11-10-18 CT Scan of Pelvis (USAO 136-137)	Stipulated	Stipulated
315	11-10-18 Right Ankle X-Ray (USAO 870)	Stipulated	Stipulated
316	11-10-18 Right Wrist X-Ray (USAO 871)	Stipulated	Stipulated
317	11-10-18 Right Hand X-Ray (USAO 872)	Stipulated	Stipulated
318	11-13-18 ER Note (USAO 215 - 218)	Stipulated	Stipulated
319	11-16-18 ER Note (USAO 209-213)	Stipulated	Stipulated
320	11-26-2018 Kawasaki Note (USAO 854 - 858)	Stipulated	Stipulated
321	11-26-18 X-Ray Lumbar Spine (USAO 1219)	Stipulated	Stipulated

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322	Harbor Physical Therapy Lower Extremity Patient Outcome 1-23-2019 (USAO 960 - 961)	Stipulated	Stipulated
323	Harbor Physical Therapy 2-4-2019 Note (USAO 951 - 952)	Stipulated	Stipulated
324	Harbor Physical Therapy 2-11-2019 Quick DASH (USAO 1019)	Stipulated	Stipulated
325	Harbor Physical Therapy 2-11-19 Note (USAO 946 - 947)	Stipulated	Stipulated
326	Harbor Physical Therapy 2-13-2019 Note (USAO 944 - 945)	Stipulated	Stipulated
327	Harbor Physical Therapy 2-27-2019 Note (USAO 938 - 941)	Stipulated	Stipulated
328	Harbor Physical Therapy 3-4- Stipulated 2019 Note (USAO 934-935)	Stipulated
329	Harbor Physical Therapy Upper Extremity Patient Outcome (USAO 1026)	Stipulated	Stipulated
330	Harbor Physical Therapy 3-11-19 Initial Exam (USAO 1027 - 1029)	Stipulated	Stipulated
331	Harbor Physical Therapy 4-10-19 Note (USAO 1001 - 1002)	Stipulated	Stipulated
332	Harbor Physical Therapy 4-15-19 Note (USAO 999 - 1000)	Stipulated	Stipulated
333	Harbor Physical Therapy 4-17-2019 Note (USAO 996)	Stipulated	Stipulated
334	Harbor Physical Therapy 4-22- Stipulated 19 Note (USAO 994 - 995)	Stipulated
335	Harbor Physical Therapy 5-6-2019 Discharge Note (USAO 984 - 986)	Stipulated	Stipulated
336	Harbor Physical Therapy 5-6-19 Progress Note (USAO 988 - 990)	Stipulated	Stipulated
337	Harbor Physical Therapy Quick DASH from 5-6-2019 USAO 987)	Stipulated	Stipulated
338	Harbor Physical Therapy Upper Extremity Patient Outcome 5-6-2019 (USAO 982 - 983)	Stipulated	Stipulated

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339	3-21-2019 Right Knee MRI (USAO 875)	Stipulated	Stipulated
340	Harbor Physical Therapy Upper Extremity Patient Outcome 3-25-19 (USAO 1026)	Stipulated	Stipulated
341	Olympia Orthopedic Associates 4-5-2019 Note (USAO 784 - 787)	Stipulated	Stipulated
342	Olympia Orthopedic Associates 5-29-19 Note (USAO 1070 - 1072)	Stipulated	Stipulated
343	Olympia Orthopedic Associates Imaging 4-5-2019 (USAO 1724)	Stipulated	Stipulated
344	YouTube Video Entitled “02 wrx tgv delete in garage getting subie ready for dyno day....stay tuned.mp4”	Stipulated	Stipulated
345	YouTube Video Entitled “#fly-by in 02 wrx stage2+ with catless downpipe, exhaust, cobb 3port, sf intake, gfb hybrid bov.mp4”	Stipulated	Disputed	FRE 402 - - Relevance
346	YouTube Video Entitled “06 impreza 2.5I single head plaining #DIY #headresurfacing #subaruheadgasketrepair.mp4”	Stipulated	Stipulated
347	YouTube video entitled “USAO_2007 AEM 340 fuel pump install in my 02 wrx for 1000cc cobb injectors.mp4”	Stipulated	Stipulated
348	YouTube video entitled “USAO_2008 April 21, 2020.mp4”	Stipulated	Stipulated
349	YouTube video entitled “USAO_2009 building custom carbonfiber flares plugs and moldbuilding(1).mp4”	Stipulated	Stipulated
351	YouTube video entitled “USAO_2011 building molds for custom carbon fiber flares for wrx(4).mp4”	Stipulated	Stipulated

29

352	YouTube video entitled “USAO_2012 building molds for custom carbon fiber flares	Stipulated	Stipulated
353	YouTube video entitled “USAO_2013 getting flanges glassed on the plug for the #flares...#bugeye.mp4”	Stipulated	Stipulated
354	YouTube video entitled “USAO_2014 getting highbuild on plugs.mp4”	Stipulated	Stipulated
355	YouTube video entitled “USAO_2015 laying molds onto plugs #subaruparts #customparts #carbonfiber #builtnotbought.mp4”	Stipulated	Stipulated
356	YouTube video entitled “USAO_2016 paint correction.mp4”	Stipulated	Stipulated
357	TBC Wage Records (USAO 2017-2031)	Stipulated	Stipulated
358	Hoquiam School District Records (USAO 2063-2154)	Stipulated	Disputed - pages 2114, 2115, 2116-2117, 2140-2148, 2160	Prior DUI is addressed in Plaintiffs' Motions in Limine. Medical insurance coverage

30

				and shared leave are addressed in Plaintiffs' Motion in Limine re: Collateral Source Rule.
359	Jennifer Johnson's Answers to Interrogatories and Declaration of Jennifer Johnson	Stipulated	Disputed in part: (1) Interrogatory 6 regarding prior bankruptcy, which is the subject of a motion in limine;

ACTION BY THE COURT

(a) This case is scheduled for trial without a jury on December 6, 2021, at 9:00 a.m.

(b) Trial briefs and findings of fact and conclusions of law shall be submitted to the court on or before November 26, 2021.

(c) (Insert any other ruling made by the court at or before pretrial conference.)

This order has been approved by the parties as evidenced by the signatures of their counsel. This order shall control the subsequent course of the action unless modified by a subsequent order. This order shall not be amended except by order of the Court pursuant to agreement of the parties or to prevent manifest injustice.