Free Judgment - District Court of Colorado - Colorado

Case 1:01-cv-00571-LTB-MJW

Document 71

Filed 02/12/2007

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THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Chief Judge Lewis T. Babcock Civil Case No. 05-cv-01317-LTB-MJW A.E. INC., a Colorado corporation, and ROSEMARIE GLAS, Plaintiffs, v. THE GOODYEAR TIRE & RUBBER COMPANY, an Ohio corporation, Defendant. ___________________________________________________________________________

JUDGMENT ___________________________________________________________________________

Plaintiff Rosemarie Glas comes before the court pursuant to the Mandate issued by the Tenth Circuit Court of Appeals on March 28, 2006, which reversed the Amended Judgment (case No. 98-cv-01302-LTB) with instructions to conduct a new trial on her claims. This matter was tried from February 5, 2007 through February 9, 2007 before a jury of nine duly sworn to try the issues herein, the Honorable Lewis T. Babcock, Chief Judge, presiding. The trial proceeded to conclusion and the jury returned its Verdict Form Regarding AE, INC., as follows: 1. Do you find that Goodyear proved its defense of statute of limitations under Instruction No. 12? Answer: No.

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Case 1:01-cv-00571-LTB-MJW

Document 71

Filed 02/12/2007

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2. State the TOTAL amount that will compensate Plaintiff AE, Inc. for its damages or losses under Instruction No. 6. The court has determined that Goodyear is responsible for 50% of this amount. A. Reasonable repair and/or replacement costs, if any: Answer: $3,489,000.00 B. Other reasonable costs or losses, if any: Answer: $ 848,611.00

The jury returned its Verdict Form as to Rosemarie Glas, as follows: State the TOTAL amount that will compensate Plaintiff Glas for her damages or losses under Instruction No. 7. The court has determined that Goodyear is responsible for 50% of this amount. A. The decrease in the property' value, if any, due to the presence s of Entran II at the time of the property' sale to Mr. Knobel: s Answer: $0 IT IS FURTHER ORDERED that judgment is entered for Plaintiff AE, Inc., and against Defendant The Goodyear Tire & Rubber Company in the amount of $2,168,805.50. IT IS FURTHER ORDERED that determination of pre-judgment interest is held in abeyance pending briefing by the parties. IT IS FURTHER ORDERED that post-judgment interest shall accrue at the legal rate of 5.10% per annum from February 9, 2007. IT IS FURTHER ORDERED that judgment is entered for the Defendant The Goodyear Tire & Rubber Company and against the Plaintiff Rosemarie Glas. IT IS FURTHER ORDERED that Plaintiff Rosemarie Glas' claims against the Defendant The Goodyear Tire & Rubber Company are dismissed. IT IS FURTHER ORDERED that Plaintiff AE, Inc. is awarded costs upon the filing of a

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Case 1:01-cv-00571-LTB-MJW

Document 71

Filed 02/12/2007

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Bill of Costs with the Clerk of Court within ten days of entry of Judgment.

IT IS FURTHER ORDERED that The Goodyear Tire & Rubber Company is awarded costs from Plaintiff Rosemarie Glas upon the filing of a Bill of Costs with the Clerk of Court within ten days of entry of Judgment. DATED at Denver, Colorado, this 12th day of February 2007.

APPROVED: __s/Lewis T. Babcock_________ LEWIS T. BABCOCK, Chief Judge United States District Court

FOR THE COURT: GREGORY C. LANGHAM, CLERK by: s/StephenP Ehrlich Stephen P. Ehrlich, Chief Deputy Clerk

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