Date: 04-06-2023

Case Style:

Galen A. Bradley, et al. v. Swift Transportation Services, LLC, et al.

Case Number: 2:19-cv-00189

Judge: Andrew P. Rodovich

Court: United States District Court for the Northern District of Indiana (Lake County)

Plaintiff's Attorney:

Defendant's Attorney: Brandon J. Kroft, Bryan R. Findley, Charles F. Albrecht, John T. VanDenburgh

Description: Hammond, Indiana personal injury truck wreck lawyers represented Plaintiffs who sued Defendants on auto negligence theories.

02/07/2023 106 Supplemental Proposed Jury Instructions by Swift Transportation Co. of Arizona, LLC, Swift Transportation Services, LLC. (VanDenburgh, John) (Entered: 02/07/2023)
02/08/2023 107 MOTION HEARING held on 2/8/2023, before Magistrate Judge Andrew P Rodovich. Pltfs appeared by attys Michael Polen, Terrence Rubino. Dfts appeared by attys Brandon Kroft, John VanDenburgh. Parties indicate an amended Pretrial Order will be filed. Arguments heard as to pending motions. Defendants' Motions in limine at DE 50 and 80 are WITHDRAWN. Defendants' 68 Motion to Bifurcate Jury Trial is DENIED. Plaintiffs' 76 Motion to Bar Opinions of Defendants' Reconstruction Experts is DENIED. Plaintiffs' 75 Supplemental Motion in Limine is GRANTED. Defendants' 81 Motion to Bar Plaintiff's Potential Expert Testimony of J. Meg Racenstein, PH.D. is DENIED. Defendants' 83 Amended Motion to Exclude Testimony and Supplemental Motions in Limine is GRANTED IN PART, DENIED IN PART, and TAKEN UNDER ADVISEMENT IN PART as outlined on the record. (Court Reporter Ashley Stokes.) (tc) (Entered: 02/08/2023)
02/08/2023 108 ORDER: The Court DENIES AS MOOT 43 Plaintiffs' Motion in Limine. Approved by Magistrate Judge Andrew P Rodovich on 2/8/2023. Text entry only. (tc) (Entered: 02/08/2023)
02/10/2023 109 TRIAL BRIEF Trial Brief and Motion to Reconsider by Swift Transportation Co. of Arizona, LLC, Swift Transportation Services, LLC. (Attachments: # 1 Exhibit No. 1.)(VanDenburgh, John) (Entered: 02/10/2023)
02/14/2023 110 MOTION for Leave to File Amended Answer to Plaintiffs' Complaint by Defendants Swift Transportation Co. of Arizona, LLC, Swift Transportation Services, LLC. (Attachments: # 1 Exhibit Amended Answer)(VanDenburgh, John) (Entered: 02/14/2023)
02/15/2023 111 RESPONSE to Motion re 83 Amended MOTION Exclude Testimony & Supplemental Motions in Limine Response to Defendants' Motion to Reconsider, Renewed Motions in Limine, and Objections to Multiple Theories of Recovery and Punitive Damages Being Presented at Trial filed by Sherita A. McGrew. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit)(Rubino, Terrence) (Entered: 02/15/2023)
02/15/2023 112 REPLY IN SUPPORT OF MOTION TO RECONSIDER, RENEWED MOTIONS IN LIMINE, AND OBJECTIONS TO MULTIPLE THEORIES OF RECOVERY AND PUNITIVE DAMAGES BEING PRESENTED AT TRIAL by Swift Transportation Co. of Arizona, LLC, Swift Transportation Services, LLC to 109 Trial Brief and Motion to Reconsider. (VanDenburgh, John) (Entered: 02/15/2023)
02/16/2023 113 ORDER: Motion Hearing SET for 2/22/2023 at 09:00 AM (Central time) in US District Court - Hammond before Magistrate Judge Andrew P Rodovich. Approved by Magistrate Judge Andrew P Rodovich on 2/16/2023. Text entry order. (tc) (Entered: 02/16/2023)
02/21/2023 114 (Withdrawn 2/22/2023) MOTION to Bar Newly Disclosed Opinions and Demonstrative Animation Exhibits of Defendants' Reconstruction Experts by Plaintiff Sherita A. McGrew. (Rubino, Terrence) Modified on 2/22/2023 to shown withdrawn (smb). (Entered: 02/21/2023)
02/21/2023 115 MEMORANDUM in Support of 114 MOTION to Bar Newly Disclosed Opinions and Demonstrative Animation Exhibits of Defendants' Reconstruction Experts filed by Sherita A. McGrew. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit)(Rubino, Terrence) (Entered: 02/21/2023)
02/21/2023 116 NOTICE of Appearance by Thomas R Benton on behalf of Swift Transportation Co. of Arizona, LLC, Swift Transportation Services, LLC (Benton, Thomas) (Entered: 02/21/2023)
02/21/2023 117 Proposed Pretrial Order Amended PreTrial Order by Swift Transportation Co. of Arizona, LLC, Swift Transportation Services, LLC. (Kroft, Brandon) (Entered: 02/21/2023)
02/21/2023 118 RESPONSE to Motion re 114 MOTION to Bar Newly Disclosed Opinions and Demonstrative Animation Exhibits of Defendants' Reconstruction Experts filed by Swift Transportation Co. of Arizona, LLC, Swift Transportation Services, LLC. (Findley, Bryan) (Entered: 02/21/2023)
02/22/2023 119 MOTION HEARING held 2/22/2023 before Magistrate Judge Andrew P Rodovich. Pla appeared by attys T Rubino, M Polen, Jr.. Dft appeared by attys B Kroft, J VanDenburgh, T Benton. After hearing arguments, the Court makes the following oral rulings for reasons stated of record. Defendant's Motion to Reconsider filed at 109 is DENIED; Defendant's MOTION for Leave to File Amended Answer to Plaintiffs' Complaint filed at 110 is DENIED; Plaintiff's MOTION to Bar Animation Exhibits filed at 114 is WITHDRAWN by agreement of the parties. No written order to be issued. (Court Reporter - Stacy Drohosky) (smb) (Entered: 02/22/2023)
02/22/2023 120 Amended Proposed Voir Dire by Swift Transportation Co. of Arizona, LLC, Swift Transportation Services, LLC. (Findley, Bryan) (Entered: 02/22/2023)
02/22/2023 121 OBJECTION by Swift Transportation Co. of Arizona, LLC, Swift Transportation Services, LLC to 42 Proposed Voir Dire . (Findley, Bryan) (Entered: 02/22/2023)
02/24/2023 122 NOTICE by Swift Transportation Co. of Arizona, LLC, Swift Transportation Services, LLC re 94 Notice (Other) Amended Counter Designation of Orlando Laster Video Deposition (VanDenburgh, John) (Entered: 02/24/2023)
02/24/2023 123 TRANSCRIPT of Motion Hearing held on 02/22/2023, before Magistrate Judge Andrew P Rodovich. Court Reporter Stacy L. Drohosky, Telephone 219-852-3462, E-mail stacy_drohosky@innd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.

IMPORTANT: Notice is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above matter. The parties have 7 calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. Within 21 days of the filing of the transcript, a Redaction Request - Transcript shall be e-filed with the Court. Access to this request will be restricted to the Court and attorneys of record in the case. If no such Notice and Redaction Request are filed, the transcript may be made remotely, electronically available to the public without redaction. Any party needing a copy of the transcript to review for redaction purposes may purchase a copy from the Court Reporter. Counsel are strongly urged to share this notice with all clients so that an informed decision about the inclusion of certain materials may be made. The responsibility for redacting these personal identifiers rests solely with counsel and the parties. The Clerk and Court Reporter will not review each transcript for compliance with this rule.
Notice of Intent to Redact due 3/7/2023. Redaction Request due 3/17/2023. Redacted Transcript Deadline set for 3/27/2023. Release of Transcript Restriction set for 5/25/2023. (sld) (Entered: 02/24/2023)
02/27/2023 124 ORDER FOR JURY MEALS. Signed by Magistrate Judge Andrew P Rodovich on 2/27/23. (nal) (Entered: 02/27/2023)
02/27/2023 125 TRANSCRIPT of Motions Hearing held on February 8, 2023, before Magistrate Judge Andrew P Rodovich. Court Reporter Ashley N. Stokes, Telephone 219-852-6557, E-mail ashley_stokes@innd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.

IMPORTANT: Notice is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above matter. The parties have 7 calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. Within 21 days of the filing of the transcript, a Redaction Request - Transcript shall be e-filed with the Court. Access to this request will be restricted to the Court and attorneys of record in the case. If no such Notice and Redaction Request are filed, the transcript may be made remotely, electronically available to the public without redaction. Any party needing a copy of the transcript to review for redaction purposes may purchase a copy from the Court Reporter. Counsel are strongly urged to share this notice with all clients so that an informed decision about the inclusion of certain materials may be made. The responsibility for redacting these personal identifiers rests solely with counsel and the parties. The Clerk and Court Reporter will not review each transcript for compliance with this rule.
Notice of Intent to Redact due 3/8/2023. Redaction Request due 3/20/2023. Redacted Transcript Deadline set for 3/30/2023. Release of Transcript Restriction set for 5/30/2023. (as) (Entered: 02/27/2023)
02/27/2023 126 JURY SELECTION & JURY TRIAL held 2/27/2023 2/27/2023 before Magistrate Judge Andrew P Rodovich. Pla Sherita McGrew appears in person w/atty Terrence Rubino, Michael Polen, Jr. Dft Swift Transportation appears by attys Brandon Kroft, John VanDenburgh, and Cedar Abadie (General Counsel). Amended Pretrial Order approved. Prospective jurors sworn on voir dire. Jurors selected and sworn to try case. Jurors charged with Preliminary Jury Instructions. Pla begins to present evidence but does not conclude. Trial con't to 9:00 AM 2/28/2023. (Court Reporter #Ashley Stokes.) (smb) (Entered: 02/28/2023)
02/27/2023 127 AMENDED PRETRIAL ORDER. Signed by Magistrate Judge Andrew P Rodovich on 2/27/2023. (smb) (Entered: 02/28/2023)
02/28/2023 128 JURY TRIAL (Day 2) held 2/28/2023 before Magistrate Judge Andrew P Rodovich. All parties present as previously noted. Stipulation of additional exhibits by each Pla and Dft. Pla continues to present evidence but does not conclude. Trial adjourned until 9:00 AM 3/1/2023. (Court Reporter Ashley Stokes.) (smb) (Entered: 02/28/2023)
02/28/2023 129 SECOND AMENDED PRETRIAL ORDER. Signed by Magistrate Judge Andrew P Rodovich on 2/28/2023. (smb) (Entered: 02/28/2023)
03/01/2023 130 DEPOSITION of Dr. Ricardo Rivera-Yagnich taken on April 26, 2022 by KM, Sherita A. McGrew.(Polen, Michael) (Entered: 03/01/2023)
03/01/2023 131 DEPOSITION of Orlando Laster taken on May 5, 2022 by KM, Sherita A. McGrew.(Polen, Michael) (Entered: 03/01/2023)
03/01/2023 132 DEPOSITION of Dr. Christopher Clardy taken on May 12, 2022 by KM, Sherita A. McGrew.(Polen, Michael) (Entered: 03/01/2023)
03/01/2023 133 DEPOSITION of David Tillman taken on February 21, 2022 by KM, Sherita A. McGrew.(Polen, Michael) (Entered: 03/01/2023)
03/01/2023 134 DEPOSITION of David Tillman taken on November 10, 2022 by KM, Sherita A. McGrew.(Polen, Michael) (Entered: 03/01/2023)
03/01/2023 135 TRANSCRIPT of Excerpt Transcript of Opening Statements from Day 1 of Jury Trial held on February 27, 2023, before Magistrate Judge Andrew P Rodovich. Court Reporter Ashley N. Stokes, Telephone 219-852-6557, E-mail ashley_stokes@innd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.

IMPORTANT: Notice is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above matter. The parties have 7 calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. Within 21 days of the filing of the transcript, a Redaction Request - Transcript shall be e-filed with the Court. Access to this request will be restricted to the Court and attorneys of record in the case. If no such Notice and Redaction Request are filed, the transcript may be made remotely, electronically available to the public without redaction. Any party needing a copy of the transcript to review for redaction purposes may purchase a copy from the Court Reporter. Counsel are strongly urged to share this notice with all clients so that an informed decision about the inclusion of certain materials may be made. The responsibility for redacting these personal identifiers rests solely with counsel and the parties. The Clerk and Court Reporter will not review each transcript for compliance with this rule.
Notice of Intent to Redact due 3/9/2023. Redaction Request due 3/22/2023. Redacted Transcript Deadline set for 4/3/2023. Release of Transcript Restriction set for 5/30/2023. (as) (Entered: 03/01/2023)
03/01/2023 136 TRANSCRIPT of Excerpt of the Trial Testimony of Thomas Billet from Day 1 of Jury Trial held on February 27, 2023, before Magistrate Judge Andrew P Rodovich. Court Reporter Ashley N. Stokes, Telephone 219-852-6557, E-mail ashley_stokes@innd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.

IMPORTANT: Notice is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above matter. The parties have 7 calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. Within 21 days of the filing of the transcript, a Redaction Request - Transcript shall be e-filed with the Court. Access to this request will be restricted to the Court and attorneys of record in the case. If no such Notice and Redaction Request are filed, the transcript may be made remotely, electronically available to the public without redaction. Any party needing a copy of the transcript to review for redaction purposes may purchase a copy from the Court Reporter. Counsel are strongly urged to share this notice with all clients so that an informed decision about the inclusion of certain materials may be made. The responsibility for redacting these personal identifiers rests solely with counsel and the parties. The Clerk and Court Reporter will not review each transcript for compliance with this rule.
Notice of Intent to Redact due 3/9/2023. Redaction Request due 3/22/2023. Redacted Transcript Deadline set for 4/3/2023. Release of Transcript Restriction set for 5/30/2023. (as) (Entered: 03/01/2023)
03/01/2023 137 DEPOSITION of Thomas Billet taken on March 2, 2020 by Swift Transportation Co. of Arizona, LLC, Swift Transportation Services, LLC.(VanDenburgh, John) (Entered: 03/01/2023)
03/01/2023 138 DEPOSITION of Sherita McGrew taken on November 25, 2019 by Swift Transportation Co. of Arizona, LLC, Swift Transportation Services, LLC.(VanDenburgh, John) (Entered: 03/01/2023)
03/01/2023 139 DEPOSITION of Ben Phelps taken on January 16, 2023 by Swift Transportation Co. of Arizona, LLC, Swift Transportation Services, LLC. (Attachments: # 1 Exhibit Exhibit 5 part 1)(VanDenburgh, John) (Entered: 03/01/2023)
03/01/2023 140 SUPPLEMENT to 139 Deposition of Ben Phelps taken January 16, 2023 filed by Swift Transportation Co. of Arizona, LLC, Swift Transportation Services, LLC. (Attachments: # 1 Exhibit Exhibits 9-16, # 2 Exhibit Exhibit 5 part 2)(VanDenburgh, John) (Entered: 03/01/2023)
03/01/2023 141 DEPOSITION of Dr J. Meg Racentstein taken on November 8, 2022 by Swift Transportation Co. of Arizona, LLC, Swift Transportation Services, LLC.(VanDenburgh, John) (Entered: 03/01/2023)
03/01/2023 142 DEPOSITION of Regen Smith taken on December 16, 2020 by Swift Transportation Co. of Arizona, LLC, Swift Transportation Services, LLC.(VanDenburgh, John) (Entered: 03/01/2023)
03/01/2023 143 SUPPLEMENT to 142 Deposition Regen Smith taken November 8, 2022 filed by Swift Transportation Co. of Arizona, LLC, Swift Transportation Services, LLC. (Attachments: # 1 Exhibit 3-5)(VanDenburgh, John) (Entered: 03/01/2023)
03/01/2023 144 DEPOSITION of David Tillman taken on February 21, 2022 by Swift Transportation Co. of Arizona, LLC, Swift Transportation Services, LLC.(VanDenburgh, John) (Entered: 03/01/2023)
03/01/2023 145 DEPOSITION of David Tillman taken on November 10, 2022 by Swift Transportation Co. of Arizona, LLC, Swift Transportation Services, LLC.(VanDenburgh, John) (Entered: 03/01/2023)
03/01/2023 146 DEPOSITION of Kevin Turner Johnson taken on January 17, 2022 by KM, Sherita A. McGrew.(Polen, Michael) (Entered: 03/01/2023)
03/01/2023 147 DEPOSITION of Dr. Christopher Clardy taken on May 12, 2022 by Swift Transportation Co. of Arizona, LLC, Swift Transportation Services, LLC.(VanDenburgh, John) (Entered: 03/01/2023)
03/01/2023 148 DEPOSITION of Dr. Sarah Kidder taken on Taken May 4, 2022 by Swift Transportation Co. of Arizona, LLC, Swift Transportation Services, LLC.(VanDenburgh, John) (Entered: 03/01/2023)
03/01/2023 149 DEPOSITION of Dr. Peter Nikas taken on April 22, 2022 by Swift Transportation Co. of Arizona, LLC, Swift Transportation Services, LLC.(VanDenburgh, John) (Entered: 03/01/2023)
03/01/2023 150 DEPOSITION of Kevin Johnson taken on January 17, 2022 by Swift Transportation Co. of Arizona, LLC, Swift Transportation Services, LLC.(VanDenburgh, John) (Entered: 03/01/2023)
03/01/2023 151 SUPPLEMENT to 150 Deposition of Kevin Johnson taken January 17, 2022 filed by Swift Transportation Co. of Arizona, LLC, Swift Transportation Services, LLC. (VanDenburgh, John) (Entered: 03/01/2023)
03/01/2023 152 SUPPLEMENT to 150 Deposition of Kevin Johnson taken January 17, 2022 filed by Swift Transportation Co. of Arizona, LLC, Swift Transportation Services, LLC. (Attachments: # 1 Exhibit Part 3)(VanDenburgh, John) (Entered: 03/01/2023)
03/01/2023 153 DEPOSITION of Orlando Laster taken on May 5, 2022 by Swift Transportation Co. of Arizona, LLC, Swift Transportation Services, LLC.(VanDenburgh, John) (Entered: 03/01/2023)
03/01/2023 154 DEPOSITION of Dr. Jeri Morris taken on January 8, 2021 by Swift Transportation Co. of Arizona, LLC, Swift Transportation Services, LLC.(VanDenburgh, John) (Entered: 03/01/2023)
03/01/2023 155 DEPOSITION of Dr. Ricardo Rivera-Yagnich taken on April 26, 2022 by Swift Transportation Co. of Arizona, LLC, Swift Transportation Services, LLC.(VanDenburgh, John) (Entered: 03/01/2023)
03/01/2023 156 JURY TRIAL (Day 3) held on 3/1/2023 before Magistrate Judge Andrew P Rodovich. All parties present as previously noted. Pla finishes presentation of evidence. Court GRANTS defense oral TR50 motion for directed verdict dismissing the plaintiffs claim for punitive damages. Defense begins presentation of evidence, but does not conclude. Trial adjourned to 9:00 am on 3/2/2023 for completion of defendant's presentation of evidence. Counsel to report at 8:30 AM for jury instruction conference. (Court Reporter Ashley Stokes.) (smb) (Entered: 03/01/2023)
03/02/2023 157 Court's Final Jury Instructions 1-32(smb) (Entered: 03/02/2023)

The elements of a personal injury case are: (1) a duty of due care, (2) failure to exercise due care, (3) injuries and/or damages suffered by the plaintiff, (4) a direct connection between the defendant’s failure to exercise due care and the injuries and/or damages suffered by the plaintiff.

Outcome: 03/02/2023 159 JURY TRIAL completed on 3/2/2023 before Magistrate Judge Andrew P Rodovich. Defense presentation of evidence concludes. Jury Instruction Conference held outside the jurors presence. Closing arguments. Jurors charged with final instructions. Jury returns verdict in favor of Pla S McGrew and against Swift Transportion and awards $250,000. Jury returns verdict in favor of KM and against Swift Transportation and awards $6,000,000. Clerk to enter judgment on the verdicts. Jury dismissed. Court Clerk to retain custody of all trial exhibits. (Court Reporter Ashley Stokes.) (smb) (Entered: 03/02/2023)
03/03/2023 160 CLERK'S ENTRY OF JUDGMENT. (smb) (Entered: 03/03/2023)
03/03/2023 161 JURY VERDICT. (smb) (Entered: 03/03/2023)
03/03/2023 162 Trial Witness List/Exhibit List.(smb) (Entered: 03/03/2023)
03/06/2023 163 MOTION Enforce Qualified Settlement Offer and Invoke Prejudgment Interest Statute by Plaintiff Sherita A. McGrew. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit)(Polen, Michael) (Entered: 03/06/2023)
03/20/2023 164 RESPONSE to Motion re 163 MOTION Enforce Qualified Settlement Offer and Invoke Prejudgment Interest Statute filed by Swift Transportation Co. of Arizona, LLC, Swift Transportation Services, LLC. (Kroft, Brandon) (Entered: 03/20/2023)
03/22/2023 165 REPLY to Response to Motion re 163 MOTION Enforce Qualified Settlement Offer and Invoke Prejudgment Interest Statute filed by KM, Sherita A. McGrew. (Rubino, Terrence) (Entered: 03/22/2023)
03/31/2023 166 AMENDED CLERK'S ENTRY OF JUDGMENT. (nal) (Entered: 03/31/2023)
03/31/2023 167 MOTION to Stay re 166 Clerks Judgment by Defendant Swift Transportation Co. of Arizona, LLC. (Benton, Thomas) (Entered: 03/31/2023)
03/31/2023 168 MEMORANDUM in Support of 167 MOTION to Stay re 166 Clerks Judgment filed by Swift Transportation Co. of Arizona, LLC. (Kroft, Brandon) (Entered: 03/31/2023)
03/31/2023 169 MOTION for New Trial or in the Alternative Motion for Remittitur by Defendant Swift Transportation Co. of Arizona, LLC. (Kroft, Brandon) (Entered: 03/31/2023)
03/31/2023 170 MEMORANDUM in Support of 169 MOTION for New Trial or in the Alternative Motion for Remittitur filed by Swift Transportation Co. of Arizona, LLC. (Attachments: # 1 Exhibit Transcript of Hearing)(Kroft, Brandon) (Entered: 03/31/2023)
04/06/2023 171 RESPONSE to Motion re 169 MOTION for New Trial or in the Alternative Motion for Remittitur filed by Sherita A. McGrew. (Attachments: # 1 Exhibit 1)(Rubino, Terrence) (Entered: 04/06/2023)

Plaintiff's Experts:

Defendant's Experts:

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