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Johnson v. United States

United States District Court, Western District of Washington
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


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 LLV driven by Michael Murray and a 2016 Kawasaki motorcycle driven by John Johnson.

“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 25th 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 8th 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 8th 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 26th 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

26

- 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

27

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

28

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.


Summaries of

Johnson v. United States

United States District Court, Western District of Washington
Dec 1, 2021
3:20-cv-05581-MJP (W.D. Wash. Dec. 1, 2021)
Case details for

Johnson v. United States

Case Details

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

Citations

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