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Date: 08-31-2021

Case Style:

Jose Encarnacion and Cecilia Moran v. Heartland Express, Inc. of Iowa and Steven Smith

Case Number: 2:19-cv-02745-MSN-tmp

Judge: Mark S. Norris

Court: United States District Court for the Western District of Tennessee (Shelby County)

Plaintiff's Attorney:


Best Memphis Personal Injury Lawyer Directory


Defendant's Attorney: Nicholas E. Bragorgos and Courtney S. Vest

Description: Memphis, Tennessee personal injury truck wreck lawyer represented Plaintiff, who sued Defendants on auto negligence theories claiming to have suffered more than $75,000 in injuries and/or damages as a direct result of an accident caused by Steven Smith while driving a semi for Heartland.

07/01/2021 66 MOTION in Limine to exclude testimony and opinions of Santo Stephen Bifulco as to Causation at trial by Heartland Express, Inc. of Iowa, Steven Smith. (Attachments: # 1 Memorandum Memo in support)(Bragorgos, Nicholas) (Entered: 07/01/2021)
07/06/2021 67 MOTION in Limine to Exclude Medical Records and Bills Proposed by the Plaintiffs by All Defendants. (Bragorgos, Nicholas) (Entered: 07/06/2021)
07/06/2021 68 RESPONSE to Motion re 65 MOTION in Limine to Exclude Certain Testimony of Donald Berhmann, M.D. filed by Jose Encarnacion. (Attachments: # 1 Exhibit Exhibit A - Deposition of Dr. Behrmann 01.15.21 Condensed)(Hackett, William) (Entered: 07/06/2021)
07/06/2021 69 RESPONSE to Motion re 66 MOTION in Limine to exclude testimony and opinions of Santo Stephen Bifulco as to Causation at trial filed by Jose Encarnacion. (Attachments: # 1 Exhibit Exhibit A - Deposition of Dr. Bifulco)(Hackett, William) (Entered: 07/06/2021)
07/12/2021 70 ORDER DENYING 49 DEFENDANTS' MOTION IN LIMINE TO EXCLUDE TESTIMONY AND OPINIONS OF SANTO STEPHEN BIFULCO, M.D., CLCP AT TRIAL. Signed by Judge Mark S. Norris on 07/12/2021. (Norris, Mark) (Entered: 07/12/2021)
07/12/2021 71 RESPONSE to Motion re 67 MOTION in Limine to Exclude Medical Records and Bills Proposed by the Plaintiffs filed by All Plaintiffs. (Hackett, William) (Entered: 07/12/2021)
07/15/2021 72 NOTICE of Appearance by Ryan Skertich on behalf of All Plaintiffs (Skertich, Ryan) (Entered: 07/15/2021)
07/15/2021 73 NOTICE of Appearance by Bobby F. Martin, Jr on behalf of All Plaintiffs (Martin, Bobby) (Entered: 07/15/2021)
07/16/2021 74 Minute Entry for proceedings held before Judge Mark S. Norris: Pretrial Conference held on 07/16/2021. Attys William Thomas Hackett & Bobby F. Martin, Jr. appeared on behalf of the plaintiffs; Atty Nicholas E. Bragorgos appeared on behalf of the defendants. Trial is presently scheduled to begin on Monday, 07/26/2021at 9:30 AM. Parties were advised of the Court's potential conflict with the current trial setting due to present COVID protocol which limits the number of jury trials in the building on the same day, and therefore this matter may have to be reset. The Court will have a better idea next week as to the current trial setting, and will advise the parties as soon as possible. Parties indicate they are ready to proceed to trial. Procedures during jury selection/trial addressed. Defendant's motion in limine 65 to exclude certain testimony of Dr. Donald Berhmann - pending. Oral argument given by counsel. Defendant's motion in limine 66 to exclude testimony of Santo Stephen Bifulco - pending. Defendant's motion in limine 67 to exclude medical records and bills - pending. Revised Proposed Joint Pretrial Order due 07/23/2021. (Court Reporter: Lisa Mayo) (zsf) (Entered: 07/16/2021)
07/22/2021 75 SETTING LETTER: Telephonic Status Conference set for Thursday, 07/22/2021 at 10:00 AM before Judge Mark S. Norris. (zsf) (Entered: 07/22/2021)
07/22/2021 76 Minute Entry for proceedings held before Judge Mark S. Norris: Telephonic Status Conference held on 07/22/2021. Attys William Thomas Hackett, Ryan Skertich & Bobby F. Martin, Jr. appeared on behalf of the plaintiffs; Atty Nicholas E. Bragorgos appeared on behalf of the defendants. Trial scheduled to begin on Monday, 07/26/2021 at 1:30 PM with Jury Selection in Courtroom No. 1, 11th floor - Memphis before Judge Mark S. Norris. Defendant's motion in limine 65 to exclude certain testimony of Dr. Donald Berhmann - denied as stated on the record in open court. Defendant's motion in limine 66 to exclude testimony of Santo Stephen Bifulco - denied as stated on the record in open court. Defendant's motion in limine 67 to exclude medical records and bills - taken under advisement. (Court Reporter: Lisa Mayo) (zsf) (Entered: 07/22/2021)
07/22/2021 77 Supplemental MOTION in Limine to Exclude Testimony of Dr. Steven BiFulco Regarding Hospital Bills or Hospital Records by All Defendants. (Attachments: # 1 Exhibit Portions of Deposition, # 2 Exhibit Face Page to Deposition)(Bragorgos, Nicholas) (Entered: 07/22/2021)
07/24/2021 78 RESPONSE to Motion re 77 Supplemental MOTION in Limine to Exclude Testimony of Dr. Steven BiFulco Regarding Hospital Bills or Hospital Records filed by Jose Encarnacion, Cecilia Moran. (Attachments: # 1 Exhibit Exhibit 1)(Hackett, William) (Entered: 07/24/2021)
07/26/2021 79 JOINT PRETRIAL ORDER. Signed by Judge Mark S. Norris on 07/26/2021. (Norris, Mark) (Entered: 07/26/2021)
07/26/2021 80 ORDER DIRECTING CLERK'S OFFICE TO PAY FOR LUNCHES. Signed by Judge Mark S. Norris on 07/26/2021. (Norris, Mark) (Entered: 07/26/2021)

Outcome: 07/26/2021 81 Minute Entry for proceedings held before Judge Mark S. Norris: Jury Trial (DAY 1) held on 7/26/2021. William T. Hackett, Ryan Skertich, Bobby Martin, Jr. appeared for the Plaintiffs. Nicholas Bragorgos appeared for the Defense. Jose Encarnacion & Cecilia Moran were present. Also present were Steven Smith, Dan Millis, Heartland Express, Inc. of Iowa. Spanish Interpreters Heather Hayes & Jose Lopez sworn. Preliminary matters addressed; defendant's motion in limine 67 - denied as stated on the record in open court; defendant's motion in limine 77 - denied for reasons stated on the record in open court. Voir dire conducted by the Court - number of challenges exercised: 3; number of jurors excused for cause: 3; and number of unused jurors: 11; Eight (8) jurors selected and sworn. The Court read the Preliminary Instructions to the jury. Jury Trial to resume tomorrow, 07/27/2021 at 9:30 AM with opening statements. Jury to report at 9:00 AM. (Court Reporter: Lisa Mayo) (zsf) (Entered: 07/26/2021)
07/26/2021 82 Peremptory Challenges. (zsf) (Entered: 07/26/2021)
07/26/2021 83 Jury Panel List. (zsf) (Entered: 07/26/2021)
07/26/2021 84 Jury Seating Arrangement. (zsf) (Entered: 07/26/2021)
07/27/2021 85 Minute Entry for proceedings held before Judge Mark S. Norris: Jury Trial (DAY 2) held on 7/27/2021. William T. Hackett, Ryan Skertich, Bobby Martin, Jr. appeared for the Plaintiffs. Nicholas Bragorgos appeared for the Defense. Jose Encarnacion & Cecilia Moran were present. Also present were Steven Smith, Dan Millis, Heartland Express, Inc. of Iowa. Opening statements given by counsel. Plaintiff's proof/sworn witnesses: Santo Steven BiFulco, M.D.: Exhs. 1-3; Donald Behrmann, M.D (via video deposition): Exhs. 4-8. Jury Trial will resume tomorrow, 07/28/2021 at 9:15 AM with the continuation of the Plaintiff's proof. Jury to report at 9:00 AM. (Court Reporter: Lisa Mayo) (zsf) (Entered: 07/28/2021)
07/28/2021 86 Minute Entry for proceedings held before Judge Mark S. Norris: Jury Trial (DAY 3) held on 7/28/2021. William T. Hackett, Ryan Skertich, Bobby Martin, Jr. appeared for the Plaintiffs. Nicholas Bragorgos appeared for the Defense. Jose Encarnacion & Cecilia Moran were present. Also present were Steven Smith, Dan Millis, Heartland Express, Inc. of Iowa.. Continued w/Plaintiff's proof/sworn witnesses: Cecilia Moran: Coll Exh. 9; Jose Encarnacion: Coll Exh. 10; Defendant's Exhs. 11 (ID only), 12-14; David Ross Strauser, PhD; Dr. Parker Cashdollar. Plaintiff rests. Defendant's Motion for Directed Verdict was made outside of the presence of the jury. Defendant's proof/sworn witnesses: Trooper Rico Mazique, Highway Patrol; Steven Smith. Defendant rests. Jury excused for the remainder of the day. Jury Trial to resume tomorrow, 07/29/2021 at 8:30 AM w/oral argument on defendant's motion for directed verdict and to finalize jury instructions. Jury to report at 9:00 AM. (Court Reporter: Lisa Mayo)(zsf) (Entered: 07/28/2021)
07/29/2021 87 Minute Entry for proceedings held before Judge Mark S. Norris: Jury Trial (DAY 4) held on 7/29/2021. William T. Hackett, Ryan Skertich, Bobby Martin, Jr. appeared for the Plaintiffs. Nicholas Bragorgos appeared for the Defense. Jose Encarnacion & Cecilia Moran were present. Also present were Steven Smith, Dan Millis, Heartland Express, Inc. of Iowa. Defendant's Motion for Directed Verdict on Loss of Consortium Claim by Cecilia Moran heard and granted as stated on the record in open court. Charge conference held and jury instructions finalized. Jury charged. Closing Arguments given by counsel. Alternate jurors in seats 1 and 3 excused. Jury deliberated. JURY VERDICT: See Jury Verdict Form. Jury discharged at 5:45 PM. Judgment to be entered. (Court Reporter: Lisa Mayo) (jpw) (Entered: 07/29/2021)
07/29/2021 88 JURY VERDICT. (jpw) (Entered: 07/29/2021)
07/29/2021 89 Jury Notes. (jpw) (Entered: 07/29/2021)
07/29/2021 90 Jury Instructions. (jpw) (Entered: 07/29/2021)
07/29/2021 91 Exhibit and Witness List for Jury Trial held 7/26/2021 through 7/29/2021. (jpw) (Entered: 07/29/2021)
08/03/2021 92 JUDGMENT. Signed by Judge Mark S. Norris on 08/03/2021. (Norris, Mark) (Entered: 08/03/2021)
08/17/2021 93 BILL OF COSTS by Jose Encarnacion. (Hackett, William) (Entered: 08/17/2021)
08/19/2021 94 NOTICE OF TELEPHONIC TAXATION OF COSTS HEARING before the Clerk of Court, or his designee, on September 23, 2021, at 10:00 AM re 93 Bill of Costs. Call-in Number: 888-675-2535; Access code: 6729060; Security code (if prompted): 9457. (kas) (Entered: 08/19/2021)
09/16/2021 95 MOTION to Strike Unnecessary Costs for Translators by Heartland Express, Inc. of Iowa. (Attachments: # 1 Exhibit)(Bragorgos, Nicholas) (Entered: 09/16/2021)
09/16/2021 96 Notice of Correction to 95 MOTION to Strike Unnecessary Costs for Translators . (Bragorgos, Nicholas) (Entered: 09/16/2021)
10/12/2021 97 ORDER TO SHOW CAUSE. Plaintiff's response due by 11/9/2021. Signed by Judge Mark S. Norris on 10/12/2021. (Norris, Mark) (Entered: 10/12/2021)
10/15/2021 98 ORDER TAXING COSTS against Defendant and in favor of Plaintiff in the amount of $11,539.32. Signed by Thomas M. Gould, Clerk of Court, on October 15, 2021. (kas) (Entered: 10/15/2021)
10/25/2021 99 ORDER ADOPTING 98 THE CLERK'S ORDER; ORDER DENYING 95 DEFENDANT'S MOTION AS MOOT; AND ORDER TERMINATING 97 SHOW CAUSE DEADLINE. Signed by Judge Mark S. Norris on 10/25/2021. (Norris, Mark) (Entered: 10/25/2021)
11/29/2021 100 NOTICE by Jose Encarnacion Satisfaction of Judgment (Hackett, William) (Entered: 11/29/2021)

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