Date: 02-27-2024

Case Style:

Timothy S. Sudeith v. E&J Trailer Sales and Service, Inc., et al.

Case Number: 2:20-cv-00063

Judge: Edward B. Atkins

Court: United States District Court for the Eastern District of Kentucky (Kenton County)

Plaintiff's Attorney: W. Garmer, J. Prather & J. Niceley - 859-254-9351

Defendant's Attorney: Covingtion, Kentucky insurance defense lawyer represented the Defendant.

Description: Covington, Kentucky personal injury truck wreck lawyer represented the Plaintiff who sued on an auto negligence theory.

Kentucky is a pure comparative negligence state. If both you and the other party in an accident are partially responsible for causing the accident, the fault will be distributed between you both in percentages.

01/10/2024 111 Proposed Agreed Order extending deadline by Timothy S. Sudeith. (Prather, Jerome) (Entered: 01/10/2024)
01/11/2024 ***MOTION SUBMITTED TO CHAMBERS of Edward B. Atkins for review: re 111 Proposed Agreed Order extending deadline by Timothy S. Sudeith. (SLG) (Entered: 01/11/2024)
01/11/2024 112 ORDER: the filings originally set by paragraph 1 of the Court's Scheduling Order 87 for January 15, 2024, shall now be due January 16, 2024. Signed by Magistrate Judge Edward B. Atkins on 01/11/2024. (SLG)cc: COR (Entered: 01/11/2024)
01/11/2024 Set/Reset Deadlines: Expert Witness List due by 1/16/2024. (SLG) (Entered: 01/11/2024)
01/12/2024 113 MOTION to Exclude by E&J Trailer Sales and Service, Inc., Ryan M. Salter (Attachments: # 1 Proposed Order GRANTING MOTION TO SEPARATE)(Burden, Michelle) (Entered: 01/12/2024)
01/16/2024 114 ORDER: Plaintiff shall file his Response to Defendant's Motion 113 no later than 1/19/2024. Signed by Magistrate Judge Edward B. Atkins on 1/16/2024.(TJG)cc: COR (Entered: 01/16/2024)
01/16/2024 115 AMENDED NOTICE to Take Deposition of Dr. Rick Davis on 01/22/2024 at 4:00 pm CST/5:00 pm EST by E&J Trailer Sales and Service, Inc., Ryan M. Salter.(Burden, Michelle) (Entered: 01/16/2024)
01/16/2024 116 PRETRIAL MEMORANDUM by Timothy S. Sudeith. (Prather, Jerome) (Entered: 01/16/2024)
01/16/2024 117 Witness List by Timothy S. Sudeith. (Prather, Jerome) (Entered: 01/16/2024)
01/16/2024 118 PRETRIAL MEMORANDUM by Travelers Indemnity Co. of America. (Barker, William) (Entered: 01/16/2024)
01/16/2024 119 Witness List by Travelers Indemnity Co. of America. (Barker, William) (Entered: 01/16/2024)
01/16/2024 120 Exhibit List by Timothy S. Sudeith.. (Prather, Jerome) (Entered: 01/16/2024)
01/16/2024 121 Exhibit List by E&J Trailer Sales and Service, Inc., Ryan M. Salter.. (Burden, Michelle) (Entered: 01/16/2024)
01/16/2024 122 Witness List by E&J Trailer Sales and Service, Inc., Ryan M. Salter. (Burden, Michelle) (Entered: 01/16/2024)
01/16/2024 123 PRETRIAL MEMORANDUM by E&J Trailer Sales and Service, Inc., Ryan M. Salter. (Burden, Michelle) (Entered: 01/16/2024)
01/16/2024 124 AMENDED PRETRIAL MEMORANDUM by E&J Trailer Sales and Service, Inc., Ryan M. Salter. (Burden, Michelle) (Entered: 01/16/2024)
01/16/2024 125 Exhibit List by Travelers Indemnity Co. of America.. (Barker, William) (Entered: 01/16/2024)
01/16/2024 126 MOTION in Limine by E&J Trailer Sales and Service, Inc., Ryan M. Salter TO LIMIT PLAINTIFF, TIMOTHY SUDEITHS, CLAIM FOR PAST MEDICAL EXPENSES AND WORKERS COMPENSATION OFFSET (Attachments: # 1 Exhibit A-Warren Circuit Court Document, # 2 Proposed Order Proposed Order)(Burden, Michelle) Modified exhibit on 1/17/2024 (SLG). (Entered: 01/16/2024)
01/16/2024 127 JOINT Proposed Jury Instructions by E&J Trailer Sales and Service, Inc., Ryan M. Salter. (Burden, Michelle) (Entered: 01/16/2024)
01/19/2024 128 RESPONSE to 113 Plaintiff's Response to Defendants' Motion to Separate Witnesses filed by Timothy S. Sudeith. (Prather, Jerome) (Entered: 01/19/2024)
01/22/2024 129 ORDER: Defendants shall file their Reply in Support of Motion to Separate Witnesses 113 no later than 1/26/2024. Signed by Magistrate Judge Edward B. Atkins on 1/22/2024.(TJG)cc: COR (Entered: 01/22/2024)
01/22/2024 130 DEPOSITION TRANSCRIPT of Susan McPherson taken on January 12, 2024 by Timothy S. Sudeith.(Prather, Jerome) (Entered: 01/22/2024)
01/22/2024 131 MOTION in Limine by E&J Trailer Sales and Service, Inc., Ryan M. Salter (Attachments: # 1 Exhibit EXHIBIT 1-Pugh Depo, # 2 Exhibit EXHIBIT 2-Mrvos Depo, # 3 Exhibit EXHIBIT 3-VanHee Depo, # 4 Exhibit EXHIBIT 4-Salter Depo, # 5 Proposed Order)(Burden, Michelle) (Entered: 01/22/2024)
01/22/2024 132 MOTION in Limine by E&J Trailer Sales and Service, Inc., Ryan M. Salter TO EXCLUDE REPTILE THEORY REFERENCE, ARGUMENTS, OR EVIDENCE (Attachments: # 1 Exhibit Exhibit 1-Salter Depo, # 2 Proposed Order Proposed Order)(Burden, Michelle) (Entered: 01/22/2024)
01/22/2024 133 MOTION in Limine by E&J Trailer Sales and Service, Inc., Ryan M. Salter TO EXCLUDE PLAINTIFF, TIMOTHY SUDEITH'S, CLAIM FOR PUNITIVE DAMAGES (Attachments: # 1 Exhibit Exhibit 1-Salter Depo, # 2 Proposed Order Proposed Order)(Burden, Michelle) (Entered: 01/22/2024)
01/22/2024 134 STIPULATION by E&J Trailer Sales and Service, Inc., Ryan M. Salter. (Burden, Michelle) (Entered: 01/22/2024)
01/22/2024 135 RESPONSE to 122 Plaintiff Response to Defendants' Deposition Designations of James Pugh filed by Timothy S. Sudeith. (Prather, Jerome) (Entered: 01/22/2024)
01/22/2024 136 MOTION in Limine by Timothy S. Sudeith Plaintiff's Motion in Limine realting to Defendants' Expert Susan McPherson (Attachments: # 1 Proposed Order Proposed order granting McPherson Motions in Limine, # 2 Exhibit Ex. A McPherson CV, # 3 Exhibit Ex. B King CV)(Prather, Jerome) (Entered: 01/22/2024)
01/22/2024 137 MOTION in Limine by Timothy S. Sudeith Plaintiff's Omnibus Motions in Limine (Attachments: # 1 Proposed Order Proposed order granting Omnibus Motions in Limine, # 2 Exhibit Ex. A Mayo Recs, # 3 Exhibit Ex B Minnehaha School Records)(Prather, Jerome) (Entered: 01/22/2024)
01/22/2024 138 NOTICE by E&J Trailer Sales and Service, Inc., Ryan M. Salter REGARDING OBJECTIONS TO PORTIONS OF VIDEOTAPED TRIAL DEPOSITION TESTIMONY (Attachments: # 1 Exhibit MCPHERSON DEPO)(Burden, Michelle) (Entered: 01/22/2024)
01/22/2024 139 MOTION in Limine by Travelers Indemnity Co. of America (Attachments: # 1 Proposed Order Proposed Order Granting Motion)(Barker, William) (Entered: 01/22/2024)
01/22/2024 140 NOTICE by E&J Trailer Sales and Service, Inc., Ryan M. Salter REGARDING OBJECTIONS TO PLAINTIFFS TRIAL EXHIBIT LIST (Burden, Michelle) (Entered: 01/22/2024)
01/24/2024 141 NOTICE by Timothy S. Sudeith Notice of Cancellation of the Deposition of Dr. Marietta Hoogs (Prather, Jerome) (Entered: 01/24/2024)
01/26/2024 142 REPLY to 113 IN SUPPORT OF MOTION TO SEPARATE WITNESSES filed by E&J Trailer Sales and Service, Inc., Ryan M. Salter. (Burden, Michelle) (Entered: 01/26/2024)
01/29/2024 ***MOTION SUBMITTED TO CHAMBERS of Edward B. Atkins for review: re 113 MOTION to Exclude by E&J Trailer Sales and Service, Inc., Ryan M. Salter (SLG) (Entered: 01/29/2024)
01/29/2024 143 RESPONSE to Motion re 131 MOTION in Limine by E&J Trailer Sales and Service, Inc., Ryan M. Salter Plaintiff Response to Defendants Omnibus Motion in Limine filed by Timothy S. Sudeith. (Prather, Jerome) (Entered: 01/29/2024)
01/29/2024 144 RESPONSE to Motion re 132 MOTION in Limine by E&J Trailer Sales and Service, Inc., Ryan M. Salter TO EXCLUDE REPTILE THEORY REFERENCE, ARGUMENTS, OR EVIDENCE Plaintiffs Response to Defendants Motion in Limine to Exclude Reptile Theory filed by Timothy S. Sudeith. (Prather, Jerome) (Entered: 01/29/2024)
01/29/2024 145 RESPONSE to Motion re 133 MOTION in Limine by E&J Trailer Sales and Service, Inc., Ryan M. Salter TO EXCLUDE PLAINTIFF, TIMOTHY SUDEITH'S, CLAIM FOR PUNITIVE DAMAGES Plaintiffs Response to Defendants Motion in Limine to Exclude Plaintiff's Claim for Punitive Damages filed by Timothy S. Sudeith. (Prather, Jerome) (Entered: 01/29/2024)
01/29/2024 146 RESPONSE to 138 Plaintiff's Response to Defendant's Objections to Portions of Trial Deposition Testimony filed by Timothy S. Sudeith. (Prather, Jerome) (Entered: 01/29/2024)
01/29/2024 147 RESPONSE to 140 Plaintiff's Resp to Defendants Objections to Plaintiff's Trial Exhibit List filed by Timothy S. Sudeith. (Prather, Jerome) (Entered: 01/29/2024)
01/29/2024 148 ORDER: that the Defendants' Motion to Separate Witnesses 113 is GRANTED to the extent that lay witnesses alone shall be separated, pursuant to FED. R. EVID. 615, beginning the date this Order is entered through the length of the trial set to begin on February 20, 2024, and that these lay witnesses shall be prohibited from accessing trial testimony or from having trial testimony disclosed to them. IT IS FURTHER ORDERED that Defendants' request to separate expert witnesses and otherwise prohibit them from accessing or being disclosed trial testimony is DENIED. Signed by Magistrate Judge Edward B. Atkins on 1/29/2024. (TDB)cc: COR (Entered: 01/29/2024)
01/29/2024 149 RESPONSE to Motion re 137 MOTION in Limine by Timothy S. Sudeith Plaintiff's Omnibus Motions in Limine filed by Travelers Indemnity Co. of America. (Barker, William) (Entered: 01/29/2024)
01/29/2024 150 RESPONSE to 126 Plaintiff's Response to Defendant's Motion in Limine to Limit Medicals and Workers Comp Offset filed by Timothy S. Sudeith. (Attachments: # 1 Proposed Order Proposed Order on Def MIL re Workers Comp Offset)(Prather, Jerome) (Entered: 01/29/2024)
01/29/2024 151 RESPONSE to Motion re 139 MOTION in Limine by Travelers Indemnity Co. of America Plaintiff's Resp to Intervening Plaintiffs Motion in Limine filed by Timothy S. Sudeith. (Attachments: # 1 Proposed Order Proposed Order Re Intervening Plaintiff MIL)(Prather, Jerome) (Entered: 01/29/2024)
01/29/2024 152 RESPONSE in Opposition re 136 MOTION in Limine by Timothy S. Sudeith Plaintiff's Motion in Limine realting to Defendants' Expert Susan McPherson filed by E&J Trailer Sales and Service, Inc., Ryan M. Salter. (Attachments: # 1 Exhibit MCPHERSON DEPO)(Burden, Michelle) (Entered: 01/29/2024)
01/29/2024 153 RESPONSE in Opposition re 137 MOTION in Limine by Timothy S. Sudeith Plaintiff's Omnibus Motions in Limine filed by E&J Trailer Sales and Service, Inc., Ryan M. Salter. (Attachments: # 1 Exhibit McPherson Depo, # 2 Exhibit Davis Depo)(Burden, Michelle) (Entered: 01/29/2024)
01/30/2024 154 NOTICE by E&J Trailer Sales and Service, Inc., Ryan M. Salter SUPPLEMENTAL OBJECTIONS TO PORTIONS OF VIDEOTAPED TRIAL DEPOSITION TESTIMONY (Attachments: # 1 Exhibit DAVIS DEPO)(Burden, Michelle) (Entered: 01/30/2024)
02/01/2024 155 NOTICE by E&J Trailer Sales and Service, Inc., Ryan M. Salter OFFER OF JUDGMENT OF DEFENDANTS, E&J TRAILER SALES AND SERVICE, INC. AND RYAN M. SALTER (Burden, Michelle) (Entered: 02/01/2024)
02/01/2024 156 AMENDED DOCUMENT by Timothy S. Sudeith. Plaintiff's Amended Witness List. (Prather, Jerome) (Entered: 02/01/2024)
02/01/2024 157 REPLY to 136 Reply in support of Plaintiff's motions in limine relating to Susan McPherson filed by Timothy S. Sudeith. (Prather, Jerome) (Entered: 02/01/2024)
02/01/2024 158 REPLY to 137 Reply in support of Plaintiff's omnibus motions in limine filed by Timothy S. Sudeith. (Prather, Jerome) (Entered: 02/01/2024)
02/01/2024 159 OBJECTIONS to Trial Deposition Testimony filed by Timothy S. Sudeith. (Prather, Jerome) (Entered: 02/01/2024)
02/02/2024 ***MOTION SUBMITTED TO CHAMBERS of Edward B. Atkins for review: re 137 MOTION in Limine by Timothy S. Sudeith, 136 MOTION in Limine by Timothy S. Sudeith Plaintiff's Motion in Limine (TJG) (Entered: 02/02/2024)
02/02/2024 160 NOTICE by E&J Trailer Sales and Service, Inc., Ryan M. Salter RE SUPPLEMENTAL OBJECTIONS TO PORTIONS OF VIDEOTAPED TRIAL DEPOSITION TESTIMONY (Attachments: # 1 Exhibit Schultz Depo, # 2 Exhibit Umbreit Depo, # 3 Exhibit Edin Depo)(Burden, Michelle) (Entered: 02/02/2024)
02/02/2024 161 REPLY to 138 SUPPORT OF THEIR OBJECTIONS TO PORTIONS OF DR. MCPHERSONS VIDEOTAPED TRIAL TESTIMONY filed by E&J Trailer Sales and Service, Inc., Ryan M. Salter. (Burden, Michelle) (Entered: 02/02/2024)
02/02/2024 162 REPLY to 140 IN SUPPORT OF THEIR OBJECTIONS TO PLAINTIFFS TRIAL EXHIBIT LIST filed by E&J Trailer Sales and Service, Inc., Ryan M. Salter. (Burden, Michelle) (Entered: 02/02/2024)
02/02/2024 163 REPLY to 126 IN SUPPORT OF THEIR MOTION TO LIMIT PLAINTIFFS CLAIM FOR MEDICAL EXPENSES AND WORKERS COMPENSATION OFFSET filed by E&J Trailer Sales and Service, Inc., Ryan M. Salter. (Burden, Michelle) (Entered: 02/02/2024)
02/02/2024 164 ORDER: 1) Defendants' Motion in Limine to Limit Plaintiff's Claim for Past Expenses 126 is DENIED; 2) Defendants' Motions in Limine 131 is GRANTED IN PART AND DENIED IN PART; 3) Defendants' Motion in Limine to Exclude Reptile Theory Evidence 132 is GRANTED; 4) Defendants' Motion in Limine to Exclude Claim for Punitive Damages 133 is GRANTED; 5) Plaintiff's Motion to Limine Relating to Defendants' Expert 136 is GRANTED IN PART AND DENIED IN PART; 6) Plaintiff's Omnibus Motions in Limine 137 is GRANTED IN PART AND DENIED IN PART; 7) Intervening Plaintiff's Omnibus Motions in Limine 139 is GRANTED IN PART AND DENIED IN PART. Signed by Magistrate Judge Edward B. Atkins on 2/2/2024.(TJG)cc: COR (Entered: 02/02/2024)
02/02/2024 165 Witness List by E&J Trailer Sales and Service, Inc., Ryan M. Salter. (Burden, Michelle) (Entered: 02/02/2024)
02/02/2024 166 NOTICE by E&J Trailer Sales and Service, Inc., Ryan M. Salter RE SUPPLEMENTAL OBJECTIONS TO PORTIONS OF DEPOSITION TESTIMONY (Attachments: # 1 Exhibit VanHee Depo)(Burden, Michelle) (Entered: 02/02/2024)
02/05/2024 167 RESPONSE to 154 Plaintiff's Resp to Defendants Objections to Dr. Davis Trial Depo Testimony filed by Timothy S. Sudeith. (Prather, Jerome) (Entered: 02/05/2024)
02/05/2024 168 RESPONSE to 160 Plaintiff's Responses to Defendants Objections to Schultz, Umbreit, and Edin Trial Deposition Testimony filed by Timothy S. Sudeith. (Prather, Jerome) (Entered: 02/05/2024)
02/05/2024 169 MOTION for Leave by Timothy S. Sudeith Plaintiff's Motion for Leave to Amend Exhibit List (Attachments: # 1 Attachment Plaintiff's Amended Exhibit List, # 2 Proposed Order Proposed Order Granting Plaintiff's Motion for Leave to Amend Exhibit List)(Prather, Jerome) (Entered: 02/05/2024)
02/05/2024 170 RESPONSE to 166 Plaintiff's Responses to Defendants Objections to Dr. Van Hee Trial Depositions filed by Timothy S. Sudeith. (Prather, Jerome) (Entered: 02/05/2024)
02/05/2024 171 NOTICE by E&J Trailer Sales and Service, Inc., Ryan M. Salter SECOND OFFER OF JUDGMENT (Burden, Michelle) (Entered: 02/05/2024)
02/05/2024 172 RESPONSE to 159 P's Objections to Edin and Umbreit Trial Depo Testimony filed by E&J Trailer Sales and Service, Inc., Ryan M. Salter. (Attachments: # 1 Exhibit Exhibit G-Edin Depo, # 2 Exhibit Exhibit H-Umbreit Depo)(Burden, Michelle) (Entered: 02/05/2024)
02/05/2024 173 MOTION to Exclude by Timothy S. Sudeith deposition testimony of Dr Van Hee (Attachments: # 1 Proposed Order)(Prather, Jerome) (Entered: 02/05/2024)
02/06/2024 174 MOTION for leave to Seal a Document by Timothy S. Sudeith (Attachments: # 1 Proposed Order Proposed Order Granting Plaintiff's Motion for Leave to File Under Seal)(Prather, Jerome) (Entered: 02/06/2024)
02/06/2024 175 RESPONSE to 173 TO PLAINTIFFS MOTION TO EXCLUDE TESTIMONY RELATED TO DEFENDANTS AMENDED EXHIBIT LIST filed by E&J Trailer Sales and Service, Inc., Ryan M. Salter. (Burden, Michelle) (Entered: 02/06/2024)
02/06/2024 176 ORDER: 1) Any additional pretrial filings by any party shall be supposed by a motion for leave to file, accompanied by an affidavit of counsel. 2) TELEPHONIC PRETRIAL CONFERENCE is CONTINUED to 2/12/2024 at 02:00 PM in FRANKFORT before Magistrate Judge Edward B. Atkins ON THE RECORD, originating from Frankfort. Signed by Magistrate Judge Edward B. Atkins on 2/6/2024.(TJG)cc: COR, Fkt Diary Modified text on 2/6/2024 (TJG). (Entered: 02/06/2024)
02/06/2024 177 RESPONSE to 169 PLAINTIFFS MOTION FOR LEAVE TO AMEND EXHIBIT LIST filed by E&J Trailer Sales and Service, Inc., Ryan M. Salter. (Attachments: # 1 Exhibit 1 Davis Depo)(Burden, Michelle) (Entered: 02/06/2024)
02/06/2024 178 MOTION for Leave by E&J Trailer Sales and Service, Inc., Ryan M. Salter (Attachments: # 1 Affidavit of Michelle L. Burden, # 2 Proposed Order Proposed Order Granting)(Burden, Michelle) (Entered: 02/06/2024)
02/09/2024 179 VIRTUAL ORDER: granting 178 MOTION for Leave by E&J Trailer Sales and Service, Inc., Ryan M. Salter. Signed by Magistrate Judge Edward B. Atkins on 02/09/2024. (SLG)cc: COR (Entered: 02/09/2024)
02/09/2024 180 VIRTUAL ORDER: granting 174 MOTION for leave to Seal a Document by Timothy S. Sudeith. Signed by Magistrate Judge Edward B. Atkins on 02/09/2024. (SLG)cc: COR (Entered: 02/09/2024)
02/09/2024 181 SEALED DOCUMENT Sealed pursuant to LEAVE OF COURT re 180 Order on Motion for leave to Seal Document by Timothy S. Sudeith (Prather, Jerome) (Entered: 02/09/2024)
02/09/2024 182 SEALED DOCUMENT Sealed pursuant to LEAVE OF COURT re 180 Order on Motion for leave to Seal Document by Timothy S. Sudeith (Prather, Jerome) (Entered: 02/09/2024)
02/09/2024 183 SEALED DOCUMENT Sealed pursuant to LEAVE OF COURT re 180 Order on Motion for leave to Seal Document by Timothy S. Sudeith (Prather, Jerome) (Entered: 02/09/2024)
02/09/2024 184 AMENDED ORDER: the Court's February 2, 2024, Order 164 is AMENDED to the extent that Plaintiff's Request to Preclude Evidence of Collateral Source Payments is DENIED. Signed by Magistrate Judge Edward B. Atkins on 02/09/2024.(SLG)cc: COR (Entered: 02/09/2024)
02/09/2024 185 VIRTUAL ORDER: denying 169 MOTION for Leave by Timothy S. Sudeith Plaintiff's Motion for Leave to Amend Exhibit List. Signed by Magistrate Judge Edward B. Atkins on 02/09/2024. (SLG)cc: COR (Entered: 02/09/2024)
02/09/2024 186 VIRTUAL ORDER: denying 173 MOTION to Exclude by Timothy S. Sudeith deposition testimony of Dr Van Hee. Signed by Magistrate Judge Edward B. Atkins on 02/09/2024. (SLG)cc: COR (Entered: 02/09/2024)
02/12/2024 187 MOTION for Leave by E&J Trailer Sales and Service, Inc., Ryan M. Salter TO FILE OBJECTIONS TO PLAINTIFF'S PROPOSED TRIAL DEMONSTRATIVES (Attachments: # 1 Attachment Objections to Plaintiffs Trial Demonstratives, # 2 Affidavit Affidavit of Michellel L. Burden, # 3 Proposed Order Proposed Order)(Burden, Michelle) (Entered: 02/12/2024)
02/12/2024 188 SEALED DOCUMENT Sealed pursuant to LEAVE OF COURT re 180 Order on Motion for leave to Seal Document by Timothy S. Sudeith (Prather, Jerome) (Entered: 02/12/2024)
02/12/2024 190 MINUTE ENTRY ORDER FOR TELEPHONIC FINAL PRETRIAL CONFERENCE held on 02/12/2024 before Magistrate Judge Edward B. Atkins. The Jury Trial is scheduled to begin on February 20, 2024, at the hour of 9:00 a.m., in Covington, Kentucky. Plaintiff shall file any objection to Defendant's Motion for Leave 187 by the end of business, Tuesday, February 13, 2024. Parties are to file any stipulations, if any, by the close of business Thursday, February 15, 2024. The Court advised counsel they may obtain the jury information sheets, one week prior to the trial, from the Clerk's Office. Plaintiff's counsel requested, in the case of inclement weather, their experts be able to testify via video. Defendants have no objection. (Tape #KYED-FRK__2-20-cv-63-EBA_20240212_141527) Signed by Edward B. Atkins. (SLG)cc: COR (Entered: 02/13/2024)
02/13/2024 ***MOTION SUBMITTED TO CHAMBERS of Edward B. Atkins for review: re 187 MOTION for Leave by E&J Trailer Sales and Service, Inc., Ryan M. Salter TO FILE OBJECTIONS TO PLAINTIFF'S PROPOSED TRIAL DEMONSTRATIVES (SLG) (Entered: 02/13/2024)
02/13/2024 189 SEALED DOCUMENT Sealed pursuant to LEAVE OF COURT re 180 Order on Motion for leave to Seal Document by Timothy S. Sudeith (Attachments: # 1 Attachment Reported Symptoms Chart, # 2 Attachment Pain Chart, # 3 Attachment Pain Chart with references, # 4 Attachment Davis Demonstrative, # 5 Attachment McPherson Demonstrative, # 6 Attachment I-75 Map V1, # 7 Attachment I-75 Map V2) (Prather, Jerome) (Entered: 02/13/2024)
02/14/2024 191 MOTION for Leave to File by Timothy S. Sudeith to file Second Supplemental Rule 26(a)(1)(A) Disclosure (Attachments: # 1 Affidavit Affidavit of Jerome Prather, # 2 Attachment Tendered Supp. Disclosure, # 3 Proposed Order Proposed Order)(Prather, Jerome) (Entered: 02/14/2024)
02/15/2024 192 Proposed Voir Dire by Timothy S. Sudeith. (Prather, Jerome) (Entered: 02/15/2024)
02/15/2024 193 Proposed Voir Dire by E&J Trailer Sales and Service, Inc., Ryan M. Salter. (Burden, Michelle) (Entered: 02/15/2024)
02/15/2024 194 Proposed Voir Dire by Travelers Indemnity Co. of America. (Barker, William) (Entered: 02/15/2024)
02/16/2024 195 ORDER: The parties' various pretrial objections [138, 140, 159, 160, 166] are SUSTAINED IN PART, OVERRULED IN PART, and RESERVED IN PART. (See order for details). Signed by Magistrate Judge Edward B. Atkins on 2/16/2024.(TJG)cc: COR (Entered: 02/16/2024)
02/19/2024 196 MOTION for Leave by Timothy S. Sudeith Plaintiff's Motion for Leave to File Motion to Substitute Party Due to Transfer of Interest (Attachments: # 1 Attachment Plaintiff's Motion to Subtitute Party, # 2 Affidavit Affidavit of Jerome Prather, # 3 Exhibit singed assignment, # 4 Proposed Order proposed order granting plaintiff's motion for leave to file motion to substitute party due to transfer of interest)(Prather, Jerome) (Entered: 02/19/2024)
02/20/2024 197 MINUTE ENTRY ORDER FOR JURY TRIAL (DAY 1) held on 2/20/2024 before Magistrate Judge Edward B. Atkins: 1) Defendant's Motion to file objections to proposed trial demonstratives 187 is granted in part and deferred in part. 2) Plaintiff's Motion to file Second Supplemental Disclosure 191 is GRANTED. 3) Plaintiff's Motion to Substitute 196 is GRANTED. 4) Court's prior rulings [164 and 195] are modified. 5) Defendant's oral motion for exclusion of witness is GRANTED. 6) Parties stipulate to work compensation claim of $33,687.01 for medical lien,and $1,167.19 for indemnity lien. Jurors qualified. Voir dire held. Jury impaneled and sworn. Evidence began but not concluded. JURY TRIAL continued to 2/21/2024 at 08:45 AM in COVINGTON before Magistrate Judge Edward B. Atkins. (Court Reporter Lisa Wiesman.) Signed by Edward B. Atkins. (TJG)cc: COR, Cov Diary (Entered: 02/21/2024)
02/21/2024 198 MINUTE ENTRY ORDER FOR JURY TRIAL (DAY 2) held on 2/21/2024 before Magistrate Judge Edward B. Atkins. Defendants objection of summary chart demonstrative during plaintiff witness Van Hee is sustained. Defendants objection of witness Kings opinions based on a loss of accommodation is sustained. Limiting Instruction given to the Jury, regarding the claim for damages due to loss of further earning capacity. Introduction of evidence for Plaintiff continued but not concluded. JURY TRIAL continued to Thursday, 2/22/2024 at 08:30 AM in COVINGTON before Magistrate Judge Edward B. Atkins. (Court Reporter Lisa Wiesman) Signed by Edward B. Atkins. (SLG)cc: COR (Entered: 02/22/2024)
02/22/2024 199 MINUTE ENTRY ORDER FOR JURY TRIAL (DAY 3) held on 02/22/2024 before Magistrate Judge Edward B. Atkins. Plaintiffs oral motion to have Defendants exhibits 24-32, tax records, and Plaintiffs exhibit 34, and joint exhibits 1-3, medical records, admitted under seal is hereby GRANTED. Court takes Judicial Notice of Plaintiff, Timothy Sudeith s life expectancy. Defendants oral motion for Directed Verdict is hereby DENIED for the reasons stated on the record. Introduction of evidence for Plaintiff resumed and concluded. Plaintiff rests. Defendants case-in-chief began but not concluded. Jury Instruction Conference held. JURY TRIAL continued to Friday, 2/23/2024 at 08:30 AM for Jury and Counsel. (Court Reporter Lisa Wiesman) Signed by Edward B. Atkins. (SLG)cc: COR (Entered: 02/23/2024)
02/23/2024 200 MOTION for Judgment as a Matter of Law by Timothy S. Sudeith (TJG) (Entered: 02/23/2024)
02/23/2024 201 MINUTE ENTRY ORDER FOR JURY TRIAL (DAY 4) completed on 02/23/2024 before Magistrate Judge Edward B. Atkins. Defendants case-in-chief resumed and concluded. Defense rests. Closing arguments of Plaintiff and Defendant. Instructions read to the Jury. Alternate Jurors 130 and 174 dismissed. Jury retires to deliberate at 12:55 p.m. Jury Question No. 1 at 2:56 p.m. Question and Courts Answer provided to Jury. Clerk shall file same in the record and docket as Jury Question No. 1. Jury returns with a verdict at 2:56 p.m. JURY VERDICT. SEE SIGNED VERDICT. Jury Panel Polled. (Court Reporter Lisa Wiesman) Signed by Edward B. Atkins. (SLG)cc: COR (Entered: 02/26/2024)

Outcome: 02/23/2024 202 JURY VERDICT. (SLG) (Additional attachment(s) added on 2/26/2024: # 1 verdict) (SLG). (Entered: 02/26/2024)
02/23/2024 203 Jury Question No. 1(SLG) (Entered: 02/26/2024)
02/27/2024 204 JUDGMENT: Judgment is entered in the favor of Plaintiff Timothy S. Sudeith in the amount of $359,144.50 with respect to his claims against the Defendants E&J Trailer Sales and Service, Inc., and Ryan M. Salter. This matter is stricken from the Courts active docket. This is a final and appealable Judgment and there is no just cause for delay. Signed by Magistrate Judge Edward B. Atkins on 02/27/2024.(SLG)cc: COR (Entered: 02/27/2024)
03/06/2024 205 BILL OF COSTS by Timothy S. Sudeith . (Attachments: # 1 Exhibit Ex. A Costs)(Prather, Jerome) (Entered: 03/06/2024)

Plaintiff's verdict for $359,144.50

Plaintiff's Experts:

Defendant's Experts:

Comments: