Watson v. Dillon Cos.

Full title: WAYNE WATSON and MARY WATSON, Plaintiffs, v. DILLON COMPANIES, INC., et…

Court: UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Date published: Sep 17, 2012

Civil Action No: 08-cv-00091-WYD-CBS (D. Colo. Sep. 17, 2012)

Opinion

Civil Action No: 08-cv-00091-WYD-CBS

09-17-2012

WAYNE WATSON and MARY WATSON, Plaintiffs, v. DILLON COMPANIES, INC., et al., Defendants.

WILEY Y. DANIEL

CHIEF JUDGE WILEY Y. DANIEL

Courtroom Deputy: Robert R. Keech

E.C.R./Reporter: Tammy Hoffschildt

Counsel:

Kenneth B. McClain

Steven E. Crick

Andrew K. Smith

Scott A. Britton-Mehlisch

Scott B. Hall

Brett M. Godfrey

Paul J. Rupprecht

Jason D. Melichar

COURTROOM MINUTES

TRIAL TO JURY (DAY 10)

9:18 a.m. Court in Session - Jury not present

Court's remarks regarding Plaintiffs' Motion for Directed Verdict with Regard to Defendants' Affirmative Defense that Non-parties or Plaintiff Wayne Watson are Also at Fault (ECF Doc. No. 802), filed September 17, 2012.

JURY INSTRUCTION CONFERENCE

#1 OBJECTION BY PLAINTIFFS - OVERRULED.
#6 OBJECTION BY PLAINTIFFS - COURT WILL MODIFY.
#16 OBJECTION BY PLAINTIFFS - COURT WILL MODIFY.
#17 OBJECTION BY DEFENDANTS - COURT WILL REMOVE.
#18 OBJECTION BY PLAINTIFFS - COURT WILL REMOVE.
#21 OBJECTION BY DEFENDANTS - COURT WILL MODIFY.
#25 OBJECTION BY PLAINTIFFS - OVERRULED.

Plaintiffs' Motion for Directed Verdict with Regard to Defendants' Affirmative Defense that Non-parties or Plaintiff Wayne Watson are Also at Fault (ECF Doc. No. 802), filed September 17, 2012, is raised for argument.

9:43 a.m. Argument by Plaintiffs (Mr. Hall). 9:44 a.m. Argument by Defendants (Mr. Godfrey). 9:46 a.m. Argument by Plaintiffs (Mr. Hall). 9:50 a.m. Argument by Defendants (Mr. Godfrey). 9:51 a.m. Argument by Plaintiffs (Mr. Hall). 9:54 a.m. Argument by Defendants (Mr. Godfrey). 10:05 a.m. Argument by Plaintiffs (Mr. Hall). 10:09 a.m. Argument by Plaintiffs (Mr. McClain). 10:10 a.m. Argument by Defendants (Mr. Godfrey). 10:11 a.m. Argument by Plaintiffs (Mr. Hall). 10:18 a.m. Argument by Defendants (Mr. Godfrey). ORDERED: Plaintiffs' Motion for Directed Verdict with Regard to Defendants' Affirmative Defense that Non-parties or Plaintiff Wayne Watson are Also at Fault (ECF Doc. No. 802), filed September 17, 2012, is DENIED.

Defendants' oral motion for judgment as a matter of law. 10:22 a.m. Argument by Defendants (Mr. Godfrey). 10:27 a.m. Argument by Plaintiffs (Mr. Hall). ORDERED: Defendants' oral motion for judgment as a matter of law is DENIED. #26 OBJECTION BY PLAINTIFFS - OVERRULED.
#27 OBJECTION BY PLAINTIFFS - OVERRULED.
#31 OBJECTION BY PLAINTIFFS - OVERRULED.
#32 OBJECTION BY PLAINTIFFS - OVERRULED.
#33 OBJECTION BY PLAINTIFFS - OVERRULED.
#34 OBJECTION BY PLAINTIFFS - OVERRULED.
#38 OBJECTION BY PLAINTIFFS - OVERRULED.
#39 OBJECTION BY PLAINTIFFS - OVERRULED.
#41 OBJECTION BY PLAINTIFFS - OVERRULED.
#44 OBJECTION BY PLAINTIFFS - OVERRULED.
#45 OBJECTION BY PLAINTIFFS - OVERRULED.
#46 OBJECTION BY PLAINTIFFS - OVERRULED.
#47 OBJECTION BY PLAINTIFFS - OVERRULED.
#48 OBJECTION BY PLAINTIFFS - COURT WILL MODIFY.
#49 OBJECTION BY PLAINTIFFS - COURT WILL REMOVE.
#51 OBJECTION BY PLAINTIFFS - COURT WILL MODIFY.
#52 OBJECTION BY PLAINTIFFS - COURT WILL MODIFY.
#53 OBJECTION BY PLAINTIFFS - OVERRULED.
#54 OBJECTION BY PLAINTIFFS - OVERRULED.
#55 OBJECTION BY PLAINTIFFS - OVERRULED.
#62 OBJECTION BY PLAINTIFFS - COURT WILL MODIFY.
#63 OBJECTION BY PLAINTIFFS - OVERRULED.
Verdict Form OBJECTION BY PLAINTIFFS - DEFERRED. 11:13 a.m. Court in Recess 12:01 p.m. Court in Session - Jury not present Further discussion regarding jury instructions and verdict form. 12:17 p.m. Jury enters 12:18 p.m. Plaintiffs have not rebuttal case-in-chief.

Court reads jury instructions and verdict form. 1:23 p.m. No objection to jury instructions and verdict form as read by the Court. 1:25 p.m. Jury excused for lunch.

Discussion regarding issues related jury instruction 51 and verdict form. 1:37 p.m. Court in Recess 2:53 p.m. Court in Session - Jury not present

Discussion regarding verdict form and time limits for closing arguments. ORDERED: Closing arguments shall not exceed one (1) hour per side. 3:11 p.m. Jury enters 3:12 p.m. Closing argument by Plaintiffs (Mr. McClain). 4:05 p.m. Closing argument by Defendants (Mr. Godfrey). 5:01 p.m. Rebuttal argument by Plaintiffs (Mr. McClain).

Court outlines verdict form. 5:13 p.m. Jury excused for the evening and shall report back on Tuesday, September 18, 2012, at 9:00 a.m.

Court's remarks to counsel regarding exhibits and providing contact phone numbers. 5:14 p.m. Court in Recess - TRIAL CONTINUED. TOTAL TIME: 5:52