Opinion
Civil Action No. 07-cv-02598-WJM-BNB
09-27-2011
RONNIE Watkins, Surviving Spouse, MADELINE WATKINS, LANDON WATKINS, and MICHAELA WATKINS, Surviving Minor Children, By and through their father RONNIE WATKINS, Plaintiffs, v. ACTION CARE AMBULANCE, INC., a Colorado Corporation, Defendant.
Neil A. Hillyard Penelope L. Clor Michael Djordjevic Richard A. Waltz Carolyn A. Gyermek
Judge William J. Martínez
Courtroom Deputy: Deborah Hansen
Court Reporter: Gwen Daniel
Counsel:
Neil A. Hillyard
Penelope L. Clor
Michael Djordjevic
Richard A. Waltz
Carolyn A. Gyermek
COURTROOM MINUTES
JURY TRIAL - DAY SEVEN 09:31 a.m. Court in Session - without jury Court's comments Mr. Waltz' comments Other than the Defendant's objection to the Plaintiffs' Motion to Submit
Curative/Explanatory Instruction Re: Witness Vellman (Doc No. 302) submitted this morning, Mr. Waltz does not have any additional argument.
ORDERED: Plaintiffs' Motion to Submit Curative/Explanatory Instruction Re: Witness Vellman (Doc No. 302) is GRANTED.
The Court's findings and conclusions of law entered on the record
ORDERED: Defendant's Rule 50 motion requesting that the Court find as a matter of law that Mrs. Watkins' intentional jump from the ambulance was negligent and a cause of Plaintiff's injuries is DENIED.
Plaintiffs' motion for a directed verdict is DENIED. Plaintiffs' cross-motion on the issue of comparative negligence is GRANTED. The Court concludes as a matter of law that comparative negligence is not an appropriate defense in this case pursuant to Rule 50. A more detailed written order shall issue.09:45 - 11:14 Jury Instruction Conference Defendant's oral motion to dismiss the Plaintiffs' case (by Mr. Waltz):
In their brief Defendant mentioned the requirement under Colorado statutes that in a medical malpractice case, or a case involving healthcare practitioners, a certificate of review is required. No certificate of review was filed by the Plaintiffs in this case, and Defendant believes that the motion is timely, given the testimony yesterday by Dr. Vellman confirming that all acts of EMTs and paramedics are taken under his license and with his supervision as required by Colorado law -- which Defendant believes is undisputed.
ORDERED: Defendant's oral motion to dismiss the Plaintiffs' case is DENIED.
10:15 Court in Recess
10:39 Court in Session - jury present
Court instructs jury on the law 11:15 Closing Argument (by Mr. Djordjevic) 11:35 Closing Argument (by Mr. Waltz) 12:05 Rebuttal Argument (by Mr. Djordjevic) 12:16 Jury Bailiffs sworn 12:17 Jury excused to deliberate 12:20 Court in Recess
04:51 Court in Session
All counsel are present. 04:53 Jury present The Jury is excused for the evening, and the Court asks them to return at 8:25 tomorrow. Counsel shall be present at 8:30 tomorrow morning. 04:55 p.m. Court in Recess
Trial continued
Time: 2/29