Free Jury Trial - Completed - District Court of Colorado - Colorado

Case 1:01-cv-02199-MSK-MEH

Document 406

Filed 04/21/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO HONORABLE MARCIA S. KRIEGER Courtroom Deputy: Brian Bergevin Court Reporter: Paul Zuckerman Civil Action No. 01-cv-02199-MSK-MEH Parties: MICHAEL E. CLAWSON, and JARED L. DILLON, Counsel Appearing: Keith Killian Damon Davis Chris Richter Date: April 21, 2006

Plaintiffs, v. MOUNTAIN COAL COMPANY, L.L.C., ARCH WESTERN RESOURCES, L.L.C. a Delaware corporation, and ARCH COAL, INC., a Delaware corporation, Defendants. ______________________________________________________________________________ COURTROOM MINUTES ______________________________________________________________________________ HEARING: Jury Trial Day Ten 8:35 a.m. 10:25 a.m. Jury present and deliberating Court in session Jeffrey Johnson Monique Tuttle

Discussion of jury notes Court responds to jury note in writing 10:32 a.m 10:42 a.m Court in recess. Court in session.

Discussion of jury note

Case 1:01-cv-02199-MSK-MEH

Document 406

Filed 04/21/2006

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Courtroom Minutes Judge Marcia S. Krieger Page 2 Court responds to jury note in writing 10:44 a.m. 2:24 p.m. Court in recess. Court in session.

Verdict received and read on the record Q1: Did Mr. Clawson and Mr. Dillon prove, by a preponderance of the evidence, that Arch Western Resources was sufficiently integrated with Mountain Coal so as to effectively constitute a single employer?

Answer: Yes Q2: Did Mr. Clawson and Mr. Dillon prove, by a preponderance of the evidence, that Arch Coal was sufficiently integrated with Mountain Coal so as to effectively constitute a single employer?

Answer: Yes Q3: Did Mr. Clawson prove by a preponderance of the evidence that Mountain Coal regarded him as having a physical impairment that substantially limited him the major life activity of " working" ?

Answer: Yes Q4: Did Mr. Clawson prove by a preponderance of the evidence that he was qualified, with or without reasonable accommodation, to perform the essential functions of the job he held or desired?

Answer: Yes Q5: Did Mr. Clawson prove by a preponderance of the evidence that Mountain Coal failed to make reasonable accommodations that would permit him to perform the job he held or desired.

Answer: Yes Q6: Did Mr. Dillon prove by a preponderance of the evidence that Mountain Coal regarded him as having a physical impairment that substantially limited him the major life activity of " working" ?

Case 1:01-cv-02199-MSK-MEH

Document 406

Filed 04/21/2006

Page 3 of 4

Courtroom Minutes Judge Marcia S. Krieger Page 3 Answer: Yes Q7: Did Mr. Dillon prove by a preponderance of the evidence that he was qualified, with or without reasonable accommodation, to perform the essential functions of the job he held or desired?

Answer: Yes Q8: Did Mr. Dillon prove by a preponderance of the evidence that Mountain Coal failed to make reasonable accommodations that would permit him to perform the job he held or desired?

Answer: Yes Q9: Did Mr. Dillon prove by a preponderance of the evidence that Mountain Coal terminated his employment because of his disability?

Answer: Yes Q10: Taking into account Mr. Clawson' duty to mitigate, state the amount of damages s necessary to fairly compensate Mr. Clawson for his losses in the following categories: Answer: Economic: $236, 000 Non-economic: $250,000 Q11: Did Mr. Clawson prove by a preponderance of the evidence that Mountain Coal' conduct s was done with malice or reckless indifference? Answer: Yes Q12: What amount does the jury award in punitive damages to Mr. Clawson ? Answer: $0 Q13: Taking into account Mr. Dillon' duty to mitigate and considering that you may not award s damages more than once for the same loss, state the amount of damages necessary to fairly compensate Mr. Dillon for his losses in the following categories? Answer: Economic: $108,000 Non-economic: $250,000

Case 1:01-cv-02199-MSK-MEH

Document 406

Filed 04/21/2006

Page 4 of 4

Courtroom Minutes Judge Marcia S. Krieger Page 4 Q14: Did Mr. Dillon prove by a preponderance of the evidence that Mountain Coal' conduct s was done with malice or reckless indifference? Answer: Yes Q15: What amount does the jury award in punitive damages to Mr. Dillon? Answer: $0 Jury polled. All jurors concur. Court sets 20 days from today' date for filing of post-trial motions s 2:41 p.m. Court in recess.

Total Time: 26 minutes. Trial concluded.