Opinion
CASE NO. 10-cv-00992-DME-CBS
09-06-2012
JAMES ALLEN LOVELL, and MONICA LOVELL, Plaintiff (s), v. DAVID W. MILLER, M.D., Defendant (s).
Gerald McDermott Sean McDermott Kim Brian Childs Robert Harris
SENIOR CIRCUIT JUDGE DAVID M. EBEL
COURTROOM MINUTES
Courtroom Deputy: Kathy Preuitt-Parks
Court Reporter: Terri Lindblom
Time: 4 hour and 15 minutes
Counsel
Gerald McDermott
Sean McDermott
Kim Brian Childs
Robert Harris
TRIAL TO JURY - DAY THREE
9:00 a.m. COURT IN SESSION
APPEARANCES OF COUNSEL. Plaintiffs James Allen Lovell and Monica Lovell and defendant David W. Miller, M.D. are present. Court has received and will hear argument on Defendant's Motion for Judgment as a Matter of Law. 9:03 a.m. Argument by Mr. Childs. 9:11 a.m. Argument by Mr. G. McDermott. 9:21 a.m. Rebuttal argument by Mr. Childs. Defendant orally moves for Judgment as to the plaintiffs' lack of consortium claim, pursuant to Rule 58. 9:27 a.m. Argument by Mr. G. McDermott. 9:29 a.m. Argument by Mr. Childs.
9:30 a.m. COURT IN RECESS
9:57 a.m. COURT IN SESSION
ORDERED: Defendant's Motion for Judgment as a Matter of Law and Defendant's Oral Motion for Judgment as to the plaintiffs' lack of consortium claim, pursuant to Rule 58 are TAKEN UNDER ADVISEMENT. 10:00 a.m. Jurors are present.
Cross examination of plaintiff Monica Lovell by Mr. Childs. 10:23 a.m. Redirect examination by Mr. S. McDermott.
Plaintiff is excused. 10:35 a.m. Direct examination of defendant David W. Miller, M.D. by Mr. G. McDermott. Mr. G. McDermott moves to render the witness an expert in the field of in the fields of neurosurgery and discectomies. No objection by Mr. Childs. ORDERED: Defendant David W. Miller, M.D. is rendered an expert and may opine on neurosurgery and discectomies.
11:46 a.m. COURT IN RECESS
1:09 a.m. COURT IN SESSION
1:10 p.m. Cross examination by Mr. Childs. 2:25 p.m. Redirect examination by Mr. G. McDermott. Witness is excused. 2:43 p.m. Jurors excused. 2:44 p.m. Mr. Childs renews defendant's Motion for Judgment as a Matter of Law and argues in support. 2:49 p.m. Argument by Mr. G. McDermott. 2:52 p.m. Rebuttal argument by Mr. Childs. ORDERED: Defendant's Motion for Judgment as a Matter of Law is TAKEN UNDER
ADVISEMENT.
2:57 p.m. COURT IN RECESS
3:38 p.m. COURT IN SESSION
Court states it findings and conclusions. ORDERED: Defendant's Motion for Judgment as a Matter of Law (Doc #114) is GRANTED. ORDERED: Written order shall issue.