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

Case 1:01-cv-02056-JLK

Document 198

Filed 06/14/2007

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Senior Judge John L. Kane Date: June 14, 2007 Courtroom Deputy: LaDonne Bush Patricia Glover Court Reporter: Gwen Daniel _____________________________________________________________________ Civil Action No. 01-cv-02056-JLK UNITED STATES AVIATION UNDERWRITERS, INC., a New York corporation; PAUL LEADABRAND, an Idaho resident; and JEFLYN AVIATION, INC., d/b/a ACCESS AIR, an Idaho corporation, Plaintiffs, v. PILATUS BUSINESS AIRCRAFT, LTD., a Colorado corporation; PILATUS FLUGZEUGWERKE, AKTIENGESELLSCHAFT, a Swiss corporation; PILATUS AIRCRAFT, LTD., a Swiss corporation; PRATT & WHITNEY CANADA, INC.; and DOES 1 through 500, inclusive, Robert B. Schultz Thomas J. Byrne William R. White Jon A. Kodani Jeffrey J. Williams M. Laurel Shaver

Defendants. _____________________________________________________________________ COURTROOM MINUTES _____________________________________________________________________ Trial to Jury - Day Four 9:04 a.m. Court in session.

Jury not present. 9:08 a.m. Jury present.

Video deposition of Jean Pelletier played for the jury.

Case 1:01-cv-02056-JLK

Document 198

Filed 06/14/2007

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9:40 a.m.

Plaintiffs' witness David Rupert sworn.

Direct examination of Mr. Rupert by Mr. Kodani. Plaintiffs tender Mr. Rupert as an expert. 9:49 a.m. Voir dire by Mr. Byrne.

Court accepts the tender of Mr. Rupert as an expert as set forth on the record. Plaintiffs'Exhibit 11 received. 10:19 a.m. 10:44 a.m. Court in recess. Court in session.

Discussion regarding jury instructions. 10:46 a.m. Jury present.

Continued direct examination of Mr. Rupert by Mr. Kodani. Cross examination of Mr. Rupert by Mr. Byrne. 11:41 a.m. 11:47 a.m. 11:57 a.m. 1:21 p.m. Redirect examination of Mr. Rupert by Mr. Kodani. Video deposition of Dietmar Bretscher played for the jury. Court in recess. Court in session.

Discussion regarding the note from the jury. 1:23 p.m. Jury present.

Continued video deposition of Mr. Bretscher played for the jury. Plaintiffs'Exhibit 145 received. Plaintiffs' witness Lawrence Scanlan sworn. Direct examination of Dr. Scanlan by Mr. Kodani. Plaintiffs tender Dr. Scanlan as an expert. 2

Case 1:01-cv-02056-JLK

Document 198

Filed 06/14/2007

Page 3 of 3

2:12 p.m.

Voir dire by Mr. Schultz.

Court accepts the tender of Dr. Scanlan as an expert. 2:38 p.m. 2:54 p.m. 2:58 p.m. Cross examination of Dr. Scanlan by Mr. Schultz. Cross examination of Dr. Scanlan by Mr. Byrne. Redirect examination of Dr. Scanlan by Mr. Kodani.

Plaintiffs rest. 3:00 p.m. 3:16 p.m. Court in recess. Court in session

Jury not present. Defendants Pilatus and Pratt & Whitney' oral Rule 50 motions. Argument by Messrs. s Schultz and Byrne. Argument for the plaintiff by Mr. Williams. ORDER: 3:25 p.m. 3:34: p.m. Defendants' Rule 50 Motions are DENIED. Court in recess Court in session

3:35 p.m. Jury Present. Defendants' case. 3:36 p.m. Witness sworn for the defendant:Peter Duncan: Direct examination by Mr. Schultz. Direct examination of witness Peter Duncan by Mr. Byrne. Jury is excused. 4:28 p.m. Court in recess

Time: 5 Hours 16 Minutes Trial continued.

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