Please E-mail suggested additions, comments and/or corrections to Kent@MoreLaw.Com.
Help support the publication of case reports on MoreLaw
Date: 06-17-2019
Case Style:
David R. Russell v. Edward R. Anderson
Case Number: 4:17-cv-03085-RGK-SMB
Judge: Richard G. Kopf
Court: United States District Court for the District of Nebraska (Lancaster County)
Plaintiff's Attorney:
Call Kent Morlan at 888-354-4529 if you need a personal injury lawyer in Lincoln, Nebraska.
Defendant's Attorney: Tanya J. Hansen
Description:
MoreLaw Virtual Receptionists
Never Miss Another Call
Don't Wait - Call 918-582-6422 Today!
Lincoln, NE - David R. Russell sued Edward R. Anderson on a personal injury auto negligence theory.
05/17/2019 120 TEXT MINUTE ENTRY for proceedings held before Senior Judge Richard G. Kopf in Lincoln on 5/17/2019. While the jury was deliberating, and after a conference in chambers with counsel, the Court informed the parties on the record that it erred in admitting into evidence the expert's report, Exhibit 168, over a hearsay objection. The Court noted that the exhibit was referred to as the "bible" by counsel for Plaintiff in closing argument. The Court advised it would declare a mistrial at this time if requested by Defendant. Counsel for Defendant indicated that she would not move for a mistrial. However, counsel for Defendant indicated that the erroneous admission of Exhibit 168 could constitute a grounds for appeal. The Court responded that the failure to move for a mistrial now may be construed as a waiver of the error or an indication that the error was harmless. Counsel for Defendant indicated she understood the Court's position. Appearances for Plaintiff: Michael P. Healy; for Defendant: Tanya J. Hansen; Courtroom Deputy: Connie Schultz; Court Reporter: Digital. Time Start: 11:11 a.m. Time Stop: 11:15 a.m. Time in Court: 4 Minutes. (CS) (Entered: 05/17/2019)
05/17/2019 121 AUDIO FILE. Court Date & Time [ 05/17/2019 11:10:38 AM ]. File Size [ 978 KB ]. Run Time [ 00:04:04 ]. (In Court Hearing). (auto-docket). (Entered: 05/17/2019)
05/17/2019 122 TEXT MINUTE ENTRY for jury trial proceedings held before Senior Judge Richard G. Kopf on 05/17/2019 in Lincoln. Jury's first question and answer addressed in open court with counsel present. Jury returned to the courtroom at 12:27 p.m. with a verdict in favor of the plaintiff and against defendant in the amount of $7,000. Verdict to be filed. Judgment to be filed. Jury trial ended. Appearances for Plaintiff: Michael P. Healy; for Defendant: Tanya J. Hansen; Courtroom Deputy: Connie Schultz; Court Reporter: Digital. Time Start: 11:51 a.m. Time Stop: 12:36 p.m. Time in Court: 14 Minutes. (CS) (Entered: 05/17/2019)
05/17/2019 123 AUDIO FILE. Court Date & Time [ 05/17/2019 11:48:53 AM ]. File Size [ 3378 KB ]. Run Time [ 00:14:04 ]. (Jury Verdict). (auto-docket). (Entered: 05/17/2019)
05/17/2019 124 JURY'S FIRST QUESTION to the Court and Court's Answer to the Jury with juror's signature redacted pursuant to the E-Government Act - PART 1 OF 2. (CS) (Entered: 05/17/2019)
05/17/2019 125 PART 2 OF 2 - FOREPERSON'S SIGNATURE Page regarding Jury Question/Answer 124 . ACCESS TO THE PDF DOCUMENT IS RESTRICTED TO CASE PARTICIPANTS AND THE COURT PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 5.2(e). (CS) (Entered: 05/17/2019)
05/17/2019 126 JURY VERDICT with foreperson's signature redacted pursuant to the E-Government Act in favor of Plaintiff David T. Russell and against the Defendant Edward R. Anderson, in the amount of $7,000.00. Type of case: personal injury. - PART 1 OF 2. (CS) (Entered: 05/17/2019)
05/17/2019 127 PART 2 OF 2 - FOREPERSON'S SIGNATURE Page regarding Jury Verdict 126 . ACCESS TO THE PDF DOCUMENT IS RESTRICTED TO CASE PARTICIPANTS AND THE COURT PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 5.2(e). (CS) (Entered: 05/17/2019)
05/17/2019 128 JUDGMENT - Pursuant to the verdict of the jury, IT IS ORDERED that judgment is entered for the Plaintiff, David T. Russell, and against the Defendant, Edward R. Anderson, in the amount of $7,000.00. Ordered by Senior Judge Richard G. Kopf. (CS) (Entered: 05/17/2019)
05/17/2019 129 EXHIBIT RECEIPT BY PLAINTIFF as to Plaintiff David T. Russell from Jury Trial held May 13 - 16, 2019. (CS) (Entered: 05/17/2019)
05/17/2019 130 EXHIBIT RECEIPT BY DEFENDANT as to Defendant Edward R. Anderson from Jury Trial held May 13 - 16, 2019. (CS) (Entered: 05/17/2019)
05/20/2019 131 REQUEST FOR TRANSCRIPT for proceedings held on 5/15/2019 before Senior Judge Richard G. Kopf regarding Minutes, Filing 111 Jury Trial - Held,, by Attorney Michael P. Healy on behalf of Plaintiff David T. Russell.(Healy, Michael) (Entered: 05/20/2019)
05/20/2019 132 *EXPEDITE* LETTER BY CLERK that a transcript request was sent to General Reporting for transcription regarding Jury Trial 111 . Transcript ordered by Attorney Michael P. Healy. ACCESS TO THE PDF DOCUMENT IS RESTRICTED TO CASE PARTICIPANTS AND THE COURT PURSUANT TO THE E-GOVERNMENT ACT AND FEDERAL RULE OF CIVIL PROCEDURE 5.2(a). (KLF) (Entered: 05/20/2019)
05/22/2019 133 REQUEST FOR TRANSCRIPT for proceedings held on 5/14/2019 before Senior Judge Richard G. Kopf regarding Minutes, Filing 107 Jury Trial - Held,, by Attorney Michael P. Healy on behalf of Plaintiff David T. Russell.(Healy, Michael) (Entered: 05/22/2019)
05/24/2019 134 *EXPEDITE* LETTER BY CLERK that a transcript request was sent to General Reporting for transcription regarding Jury Trial 107 . Transcript ordered by Attorney Michael P. Healy. ACCESS TO THE PDF DOCUMENT IS RESTRICTED TO CASE PARTICIPANTS AND THE COURT PURSUANT TO THE E-GOVERNMENT ACT AND FEDERAL RULE OF CIVIL PROCEDURE 5.2(a). (KLF) (Entered: 05/24/2019)
05/28/2019 135 TRANSCRIPT (UNREDACTED) of Partial Transcript of the Testimony of Dr. Truett L. Swaim and Closing Argument of Tanya Hansen proceedings before Senior Judge Richard G. Kopf Total Number of Billable Pages: 80. Total Number of Pages: 80. In accordance with the transcript redaction procedure, available at
http://www.ned.uscourts.gov/internetDocs/pom/tran_redaction_procedure.pdf,
the transcript can only be viewed at the courts public terminal or purchased through Transcriber Lori J. Sehnert at (402) 477-8425 or contact@generalreportingservice.com before the expiration of the Release of Transcript Restriction deadline. The parties have 5 business days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days. ACCESS TO THE PDF DOCUMENT IS RESTRICTED TO CASE PARTICIPANTS AND THE COURT PURSUANT TO THE E-GOVERNMENT ACT AND FEDERAL RULE OF CIVIL PROCEDURE 5.2(a). Redaction Request due 6/18/2019. Redacted Transcript Deadline set for 6/28/2019. Release of Transcript Restriction set for 8/26/2019. (Sehnert, Lori) (Entered: 05/28/2019)
05/28/2019 136 TRANSCRIPT (UNREDACTED) of Volume II of Partial Transcript of the Testimony of Dr. Truett L. Swaim and Closing Argument of Tanya Hansen proceedings before Senior Judge Richard G. Kopf Total Number of Billable Pages: 94. Total Number of Pages: 94. In accordance with the transcript redaction procedure, available at
http://www.ned.uscourts.gov/internetDocs/pom/tran_redaction_procedure.pdf,
the transcript can only be viewed at the courts public terminal or purchased through Transcriber Lori J. Sehnert at (402) 477-8425 or contact@generalreportingservice.com before the expiration of the Release of Transcript Restriction deadline. The parties have 5 business days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days. ACCESS TO THE PDF DOCUMENT IS RESTRICTED TO CASE PARTICIPANTS AND THE COURT PURSUANT TO THE E-GOVERNMENT ACT AND FEDERAL RULE OF CIVIL PROCEDURE 5.2(a). Redaction Request due 6/18/2019. Redacted Transcript Deadline set for 6/28/2019. Release of Transcript Restriction set for 8/26/2019. (Sehnert, Lori) (Entered: 05/28/2019)
06/06/2019 137 REQUEST FOR TRANSCRIPT for proceedings held on 5/13/2019 before Senior Judge Richard G. Kopf regarding Minutes, Filing 100 Jury Trial - Began,, by Attorney Michael P. Healy on behalf of Plaintiff David T. Russell.(Healy, Michael) (Entered: 06/06/2019)
06/06/2019 138 REQUEST FOR TRANSCRIPT for proceedings held on 5/15/2019 before Senior Judge Richard G. Kopf regarding Minutes, Filing 111 Jury Trial - Held,, by Attorney Michael P. Healy on behalf of Plaintiff David T. Russell.(Healy, Michael) (Entered: 06/06/2019)
06/06/2019 139 TRANSCRIPT (UNREDACTED) of Volume I of Partial Transcript of the Testimony of David Russell proceedings before Senior Judge Richard G. Kopf Total Number of Billable Pages: 66. Total Number of Pages: 66. In accordance with the transcript redaction procedure, available at
http://www.ned.uscourts.gov/internetDocs/pom/tran_redaction_procedure.pdf,
the transcript can only be viewed at the courts public terminal or purchased through Transcriber Lori J. Sehnert at (402) 477-8425 or contact@generalreportingservice.com before the expiration of the Release of Transcript Restriction deadline. The parties have 5 business days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days. ACCESS TO THE PDF DOCUMENT IS RESTRICTED TO CASE PARTICIPANTS AND THE COURT PURSUANT TO THE E-GOVERNMENT ACT AND FEDERAL RULE OF CIVIL PROCEDURE 5.2(a). Redaction Request due 6/27/2019. Redacted Transcript Deadline set for 7/8/2019. Release of Transcript Restriction set for 9/4/2019. (Sehnert, Lori) (Entered: 06/06/2019)
06/06/2019 140 TRANSCRIPT (UNREDACTED) of Volume II of Partial Transcript of Testimony of David Russell proceedings before Senior Judge Richard G. Kopf Total Number of Billable Pages: 133. Total Number of Pages: 133. In accordance with the transcript redaction procedure, available at
http://www.ned.uscourts.gov/internetDocs/pom/tran_redaction_procedure.pdf,
the transcript can only be viewed at the courts public terminal or purchased through Transcriber Lori J. Sehnert at (402) 477-8425 or contact@generalreportingservice.com before the expiration of the Release of Transcript Restriction deadline. The parties have 5 business days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days. ACCESS TO THE PDF DOCUMENT IS RESTRICTED TO CASE PARTICIPANTS AND THE COURT PURSUANT TO THE E-GOVERNMENT ACT AND FEDERAL RULE OF CIVIL PROCEDURE 5.2(a). Redaction Request due 6/27/2019. Redacted Transcript Deadline set for 7/8/2019. Release of Transcript Restriction set for 9/4/2019. (Sehnert, Lori) (Entered: 06/06/2019)
06/07/2019 141 LETTER BY CLERK that a transcript request was sent to General Reporting for transcription regarding Jury Trial 100 and Jury Trial 111 . Transcript ordered by Attorney Michael P. Healy. ACCESS TO THE PDF DOCUMENT IS RESTRICTED TO CASE PARTICIPANTS AND THE COURT PURSUANT TO THE E-GOVERNMENT ACT AND FEDERAL RULE OF CIVIL PROCEDURE 5.2(a). (KLF) (Entered: 06/07/2019)
06/13/2019 142 MOTION for New Trial by Attorney Michael P. Healy on behalf of Plaintiff David T. Russell.(Healy, Michael) (Entered: 06/13/2019)
06/13/2019 143 SUPPLEMENT regarding MOTION for New Trial 142 Suggestions in Support of New Trial Motion by Attorney Michael P. Healy on behalf of Plaintiff David T. Russell. (Attachments:
# 1 Exhibit Volume I and II of Partial Transcript of the Testimony of David Russell,
# 2 Exhibit Volume I - Partial Transcript of the Testimony of Dr. Truett L. Swaim and Closing Argument of Tanya Hansen,
# 3 Exhibit Volume II - Partial Transcript of the Testimony of Dr. Truett L. Swaim and Closing Argument of Tanya Hansen,
# 4 Exhibit Deposition of David Russell taken 3/22/2018,
# 5 Exhibit Trial Exhibit 39A - Dr. Amundson letters of 12/4/2013 and 4/4/2014,
# 6 Exhibit Trial Exhibit 39B - 8/15/2013 MRI Report,
# 7 Exhibit Trial Exhibit 61A - Dr. Hess letters to Dr. Lynch dated 12/2/2013,
# 8 Exhibit Trial Exhibit 98 - Summary of Medical Bills,
# 9 Exhibit Trial Exhibit 145 - 4/23/18 x-ray of neck in extension position,
# 10 Exhibit Trial Exhibit 147 - 4/23/18 x-ray of neck in flexion position,
# 11 Exhibit Trial Exhibit 148 - 4/23/18 x-ray of neck in flexion with notes,
# 12 Exhibit Trial Exhibit 168 - Summary Report of Dr. Swaim,
# 13 Exhibit Trial Exhibit 172 - Deposition of Nick Hargis,
# 14 Exhibit Trial Exhibit 173 - Deposition of Garret Sherman,
# 15 Exhibit Trial Exhibit 175 - 8/15/2013 cervical spine MRI power point slide and report,
# 16 Exhibit Trial Exhibit 177 - 4/29/2015 MRI of Thoracic and cervical spine,
# 17 Exhibit Trial Exhibit 178 - Shoulder surgery report and pictures,
# 18 Exhibit Trial Exhibit 181 - Jim Anderson Deposition,
# 19 Exhibit Trial Exhibit 426 - Plaintiffs Interrogatory Responses,
# 20 Exhibit Trial Exhibit 454 - 1/6/2014 Discharge Summary from UPMC,
# 21 Exhibit Trial Exhibit 455 - 1/6/2014 Operative Report from UPMC,
# 22 Exhibit Trial Exhibit 459 - 4/27/2014 CT of Thoracic spine bulge at T10-T-11,
# 23 Exhibit Deposition of David Weeks,
# 24 Exhibit Notice of Intent to Serve Subpoena)(Healy, Michael) (Entered: 06/13/2019)
06/14/2019 144 BILL OF COSTS by Attorney Michael P. Healy on behalf of Plaintiff David T. Russell. (Attachments:
# 1 Supplement Itemization with Supporting Attachments,
# 2 Affidavit of Michael P. Healy)(Healy, Michael) (Entered: 06/14/2019)
06/17/2019 145 TEXT LETTER BY CLERK regarding time to file responses to Bill of Costs 144 . In order to resolve the taxation of costs issue, the following schedule will apply: The responding party has 14 days from the date of this order to file a response (absent a response, the Clerk will tax costs); the party filing the Bill of Costs has 7 days following the filing of a response to file a reply. Costs will be taxed in accordance with the court's Bill of Costs Handbook available on the court's website. Ordered by Deputy Clerk. (JJB) (Entered: 06/17/2019)
Outcome: Plaintiff's verdict for $7,000.00.
Plaintiff's Experts:
Defendant's Experts:
Comments: