Date: 03-03-2018

Case Style:

Case Number: 1:14-cv-02332-RWS

Judge: Richard W. Story

Court: United States District Court for the Northern District of Georgia (Fulton County)

Plaintiff's Attorney: David McGee, Steve Pickens and Matt Benson

Defendant's Attorney: Brantley Cole Rowlen, Kristin Marie Roquemore and Victoria Ashley Waller for Tractor Supply Company

Ernest Wayne Satterfield and Jeffrey Saxby for Buffalo Coporation

Description: Atlanta, GA - Daniel J. Roberts sued Tractor Supply Company and Buffalo Corporation on a products liability and negligence theories claiming that he was injured and damages in the collapse of a deed stand that Plaintiff and two friends bought from Tractor Supply.

Plaintiff and two friends bought a display model deer stand from Tractor supply without assembly instructions. The then put the 16-foot deer stand together incorrectly with the result that it collapsed with he tried to use it. The fall caused a complex compound fracture of his right leg below the knee.

The Defendants denied fault.

Some docket entries for this case:

02/01/2018 121 RESPONSE in Opposition re 117 MOTION in Limine filed by Buffalo Corp.. (Attachments: # 1 Exhibit Treestand Manufacture's Association Member Certification Reports, # 2 Exhibit Witness Disclosure Exhibit From Buffalo's Initial Disclosure, # 3 Exhibit August 19, 2016 Email Disclosure)(Saxby, Jeffery) (Entered: 02/01/2018)
02/01/2018 122 NOTICE Of Filing by Buffalo Corp. Objections to Plaintiff's Rule 32 Deposition Designations (Attachments: # 1 Exhibit Plaintiff's Rule 32 Notice, # 2 Exhibit Response to Rule 32 Notice)(Saxby, Jeffery) (Entered: 02/01/2018)
02/01/2018 123 MOTION to Strike Defendant Tractor Supply Company's Omnibus Motion in Limine and Memorandum of Law in Support Thereof by Daniel J. Roberts. (Pickens, Steven) (Entered: 02/01/2018)
02/01/2018 124 RESPONSE re 116 MOTION in Limine Pre-Trial Motions and Memorandum of Law filed by Daniel J. Roberts. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit)(Pickens, Steven) (Entered: 02/01/2018)
02/01/2018 125 MOTION to Strike 118 MOTION for Joinder in Certain Motions in Limine Filed by Defendant New Buffalo Corporation or Alternatively, Plaintiff's Response in Opposition Thereof by Daniel J. Roberts. (Pickens, Steven) (Entered: 02/01/2018)
02/02/2018 126 NOTICE of Appearance by Matthew Parks Benson on behalf of Daniel J. Roberts (Benson, Matthew) (Entered: 02/02/2018)
02/07/2018 127 NOTICE of Appearance by Kristin Marie Roquemore on behalf of Tractor Supply Company (Roquemore, Kristin) (Entered: 02/07/2018)
02/07/2018 128 NOTICE Of Filing by Tractor Supply Company Objections and Counter Designations to Plaintiff's Page Line Designations for the Deposition Testimony of John Keen (Rowlen, Brantley) (Entered: 02/07/2018)
02/07/2018 129 NOTICE of Appearance by Ernest Wayne Satterfield on behalf of Buffalo Corp. (Satterfield, Ernest) (Entered: 02/07/2018)
02/07/2018 130 NOTICE Of Filing Response in Opposition to Buffalo Corp.'s Objections to Plaintiff's Rule 32 Deposition Designations by Daniel J. Roberts re 122 Notice of Filing Buffalo Corp.s Objections to Plaintiff's Rule 32 Deposition Designations (Attachments: # 1 Exhibit)(Pickens, Steven) (Entered: 02/07/2018)
02/08/2018 134 Minute Entry for proceedings held before Judge Richard W. Story: Pretrial Conference held on 2/8/2018.Jury Trial scheduled to begin Tuesday, February 20, 2018 at 9:30 a.m. The Court discussed courtroom/trial procedures and the anticipated schedule. The Court heard arguments from counsel on all pending motions. A written order will follow. Counsel will prepare motions and proposed orders allowing for electronic equipment and demonstrative exhibits. (Court Reporter Amanda Lohnaas)(sk) (Entered: 02/09/2018)
02/09/2018 131 NOTICE Of Filing by Tractor Supply Company Objections to Plaintiff's Proposed Voir Dire (Rowlen, Brantley) (Entered: 02/09/2018)
02/09/2018 132 PROPOSED ORDER re: Electronics at Trial. (Rowlen, Brantley) (Entered: 02/09/2018)
02/09/2018 133 NOTICE Of Filing by Daniel J. Roberts Original Discovery (Attachments: # 1 Appendix Depo of Martin Ahrens, # 2 Appendix Depo of Eric Smith, # 3 Appendix Depo of John Keen, # 4 Appendix Depo of Matt McGrath, # 5 Appendix Depo of Raymond C. Hui, M.D.)(Pickens, Steven) (Entered: 02/09/2018)
02/12/2018 135 ORDER: I. Defendant Buffalos 116 Motion in Limine: A. Uncalled Witnesses - GRANTED; B. Vouching for Witnesses - GRANTED; C. Filing this Motion - GRANTED; D. Financial Status of the Parties - GRANTED; E. Offers in Compromise - GRANTED; F. - Admission of Evidence Not Previously Produced and Documents Not Previously Addressed - GRANTED; G. Liability Insurance Coverage - GRANTED; H. Send a Message Arguments - GRANTED; I. Medical Opinion Testimony by Lay Witnesses - GRANTED; J. Reference to Verdicts in Other Cases - GRANTED; K. Asking Jurors to Put Themselves in Plaintiffs Place - GRANTED; L. Ineffectiveness of Money Damages - DENIED; M. Evidence of How Plaintiffs Injury Has Impacted Others - GRANTED; N. New Theories of Recovery - GRANTED; O. Evidence Precluded by Rules 401, 402, and 403 - DENIED; P. Expert Opinion Regarding Readability of Manual - DENIED; Q. Reptile Theory - Too broad and vague an objection. Defendant will have to object at trial to allow the Court to view this objection in context. II. Plaintiffs 117 Motion in Limine: A. Gregory J. Paulsen - Testimony at Trial - GRANTED; B. Increase Costs of Products - GRANTED; C. TMA Standards - DENIED; D. Rebuttal Testimony by Gregory J. Paulsen - GRANTED; III. Defendant Tractor Supply's 118 Motion for Joinder is GRANTED, and Plaintiffs 125 Motion to Strike is DENIED. IV. Plaintiffs 123 Motion to Strike is DENIED. However, the Court will allow Plaintiff to file to file a response to Defendant Tractor Supplys 119 Motion. Plaintiff is ORDERED to file a response to the Courts inclinations, as discussed below, to which Plaintiff wishes to respond and to any areas on which the Court requests briefing no later than Wednesday, February 14. V. Defendant Tractor Supplys 119 Motion in Limine: The Court will DEFER ruling on this motion until the Court receives the requested additional briefing from Plaintiff and any other briefing Plaintiff wishes to have the Court consider. VI. Deposition Designations: The parties are ORDERED to confer and re-submit any deposition designations for which they need a ruling from the Court by Wednesday, February 14. Signed by Judge Richard W. Story on 02/09/2018. (rsg) (Entered: 02/12/2018)
02/12/2018 136 RESPONSE re 119 MOTION in Limine (Omnibus) Response to Items 1 & 2 in Defendant Tractor Supply Company's Omnibus Motion in Limine and Memorandum of Law in Support Thereof filed by Daniel J. Roberts. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit)(Pickens, Steven) (Entered: 02/12/2018)
02/12/2018 137 NOTICE Of Filing by Tractor Supply Company Objections and Counter Designations to Plaintiff's Page Line Designations for the Deposition Testimony of Raymond C. Hui, M.D. (Rowlen, Brantley) (Entered: 02/12/2018)
02/12/2018 138 NOTICE Of Filing by Tractor Supply Company Request to File Original Discovery (Rowlen, Brantley) (Entered: 02/12/2018)
02/12/2018 139 ORDER GRANTING the Parties Request to Allow Laptops, I Pads, and cellphones in the COURTROOM for the dates of 2/20/18-2/26/18. Signed by Judge Richard W. Story on 2/12/18. (jpa) (Entered: 02/13/2018)
02/13/2018 140 Reply to Responses to Items 1 and 2 in Defendant Tractor Supply Company's 119 Omnibus Motion in Limine by Tractor Supply Company. (Rowlen, Brantley) Modified on 2/13/2018 to correct docket event type, docket text and document link (sk). (Entered: 02/13/2018)
02/13/2018 141 NOTICE Of Filing by Daniel J. Roberts Order Granting Plaintiff's Request to Allow Certain Evidence Into the Courtroom at Trial (Pickens, Steven) (Entered: 02/13/2018)
02/14/2018 142 NOTICE Of Filing of Plaintiff's Surreply to 140 Items 1 & 2 in Defendant Tractor Supply Company's 119 Omnibus Motion in Limine and Memorandum of Law in Support Thereof (Attachments: # 1 Exhibit)(Pickens, Steven) Modified on 2/14/2018 to add document links and correct docket text (sk). (Entered: 02/14/2018)
02/14/2018 143 PROPOSED ORDER Tractor Supply Company's Request to Bring Certain Demonstrative Exhibits Into the Courtroom at Trial. (Rowlen, Brantley) (Entered: 02/14/2018)
02/14/2018 144 PROPOSED ORDER Request to bring certain evidence into the courtroom. (Saxby, Jeffery) (Entered: 02/14/2018)
02/14/2018 145 NOTICE Of Filing by Daniel J. Roberts Plaintiff's Response to Defendant Tractor Supply Company's Objections (Pickens, Steven) (Entered: 02/14/2018)
02/15/2018 146 ORDER ALLOWING AUDIO/VISUAL EQUIPMENT IN THE COURTROOM on February 16, 2018, February 20, 2018, February 21, 2018, February 22, 2018, February 23, 2018, and February 24, 2018. Defense counsel Buffalo Corporation must present a copy of this Order when entering the Courthouse. Signed by Judge Richard W. Story on 02/15/2018. (dgr) (Entered: 02/15/2018)
02/15/2018 147 ORDER ALLOWING AUDIO/VISUAL EQUIPMENT IN THE COURTROOM on February 20, 2018, February 21, 2018, February 22, 2018, February 23, 2018, and February 26, 2018. Defendant Tractor Supply's counsel, Brantley C. Rowlen and Kristin M. Roquemore, must present a copy of this Order when entering the Courthouse. Signed by Judge Richard W. Story on 02/15/2018. (dgr) (Entered: 02/15/2018)
02/15/2018 148 NOTICE Of Filing by Tractor Supply Company Affidavit of Service (Rowlen, Brantley) (Entered: 02/15/2018)
02/15/2018 149 ORDER ALLOWING AUDIO/VISUAL EQUIPMENT and EXHIBITS IN THE COURTROOM on February 16, 2018 - February 26, 2018 at 9:30 a.m. (see order for specific list of items) Signed by Judge Richard W. Story on 02/15/18. (sk) (Entered: 02/15/2018)
02/15/2018 150 ORDER granting in part and denying in part 119 Motion in Limine. Signed by Judge Richard W. Story on 2/15/18. (jpa) (Entered: 02/16/2018)
02/20/2018 151 Proposed Jury Instructions by Buffalo Corp. and Contentions. (Saxby, Jeffery) (Entered: 02/20/2018)
02/20/2018 152 Requests to Charge by Tractor Supply Company. (sk) (Entered: 02/20/2018)
02/20/2018 153 Requests to Charge by Daniel J. Roberts. (sk) (Entered: 02/20/2018)
02/20/2018 ORAL MOTION to Exclude Expert Opinions of Dr. Huntby Tractor Supply Company. (sk) (Entered: 02/21/2018)
02/20/2018 154 Bench Brief re MOTION to Exclude Expert Opinions of Dr. Hunt filed by Tractor Supply Company. (sk) (Entered: 02/21/2018)
02/20/2018 155 Minute Entry for proceedings held before Judge Richard W. Story: denying [] Motion to Exclude; Jury Trial began on 2/20/2018. Voir Dire held. Jury empaneled and sworn. Jury instructed. Counsel delivered opening statements. Rule of Sequestration was invoked. Plaintiff Witness sworn and testified. Plaintiff exhibits admitted: 138, 87,85,86,118. Defendant Tractor Supply Company exhibit admitted: 5. Outside the presence of the jury. Tractor Supply Company motioned to Court to exclude testimony of Dr. Hunt. Hearing not concluded. Court adjourned and will reconvene at 9:30 a.m. on Wednesday, February 21, 2018. Jurors excused until the above time under the usual caution of the Court. Evidence Entered, continued. Exhibits retained to be forwarded to the Clerks Office. (Court Reporter Amanda Lohnaas)(dgr) (Entered: 02/21/2018)
02/21/2018 158 Minute Entry for proceedings held before Judge Richard W. Story: Jury Trial continued on 2/21/2018. Day Two: Jury Trial Continued. Plaintiff Witnesses sworn and testified: Plaintiff exhibits admitted: 32, 43,44,45,46,47, 48,51,56,57, 81, 82,101,102,103,107, 108,89-100,115,117,119,123,143,144. Hearing not concluded. Court adjourned and will reconvene at 9:30 a.m. on Thursday, February 22. 3028. Jurors excused until the above time under the usual caution of the Court. Evidence Entered, continued. (Court Reporter Amanda Lohnaas)(dgr) (Entered: 02/23/2018)
02/22/2018 159 Minute Entry for proceedings held before Judge Richard W. Story: Jury Trial continued on 2/22/2018. The Rule of Sequestration was invoked. Day Three: Jury Trial Continues. Plaintiff witnesses sworn and testified. Plaintiff exhibits admitted: 142, 121, 122, 1-29, 33,35,36,37, 49, 50,51,53,52,54, 55,58,59,62, 63, 64,65,66,67,68, 150, 151, 141. Jurors to report on Friday at 9:30 a.m. Counsel to report at 8:45 a.m. for further arguments. Hearing not concluded. Court adjourned and will reconvene at 9:30 a.m. on Friday, February 23, 2018. Jurors excused until the above time under the usual caution of the Court. Evidence Entered, continued. Exhibits retained to be forwarded to the Clerks Office. (Court Reporter Amanda Lohnaas)(dgr) (Entered: 02/23/2018)
02/23/2018 156 MOTION for Directed Verdict with Brief In Support by Tractor Supply Company. (Rowlen, Brantley) (Entered: 02/23/2018)
02/23/2018 157 TRIAL BRIEF Supporting Its Directed Verdict by Buffalo Corp.. (Saxby, Jeffery) (Entered: 02/23/2018)
02/23/2018 ORAL MOTION for Directed Verdict by Buffalo Corp. (sk) (Entered: 02/25/2018)
02/23/2018 160 Minute Entry for proceedings held before Judge Richard W. Story: Outside the presence of the jury, taking under advisement both 156 Motions for Directed Verdict; Plaintiffs exhibits admitted: 80, 129, 153. Plaintiff rested. Defendant Tractor Supply witnesses sworn and testified. Defendant Tractor Supply rested. Defendant Buffalo Corp.'s witnesses sworn and testified. Defendant Buffalo Corp.'s exhibits admitted: Plaintiff exhibits 126, 136. Defendant Buffalo Corp. rested. Charge Conference held. Closing arguments to begin on Monday, February 26th at 9:30 a.m.. Hearing not concluded. Court adjourned and will reconvene February 26, 2018. Exhibits retained by the Court to be forwarded to the Clerks Office. (Exhibits retained to be forwarded to the Clerks Office.). (Court Reporter Amanda Lohnaas)(rsg) Modified on 3/2/2018 to correct date of filing (sk). (Entered: 02/26/2018)
02/26/2018 161 Amended MOTION for Directed Verdict with Brief In Support by Tractor Supply Company. (Rowlen, Brantley) (Entered: 02/26/2018)
02/26/2018 162 Jury Instructions. (dgr) (Entered: 02/26/2018)
02/26/2018 163 Minute Entry for proceedings held before Judge Richard W. Story: Jury Trial continued on 2/26/2018. Day Five: Jury Trial Continues. Counsel presented closing arguments to the jury. Jury began deliberations. The Court held an additional charge conference to discuss the punitive damages charge and verdict. Jurors to report at 9:00 a.m. on Tuesday, February 27 to continue deliberating. Hearing not concluded. Court adjourned and will reconvene at 9:00 a.m. on Tuesday, February 27, 2018. Jurors excused until the above time under the usual caution of the Court. (Court Reporter Amanda Lohnaas)(dgr) (Entered: 02/27/2018)
02/27/2018 164 Jury Note received on February 26, 2018. (sk) (Entered: 02/27/2018)
02/27/2018 165 Minute Entry for proceedings held before Judge Richard W. Story: Jury Trial concluded on 2/27/2018. Day Six: Jury Deliberations Continue. Jury returned a verdict in favor of Defendants. Hearing Concluded. VERDICT: Verdict in favor of Defendants. (Court Reporter Amanda Lohnaas)(dgr) (Entered: 02/27/2018)
02/27/2018 166 JURY VERDICT for Defendants. (dgr) (Entered: 02/27/2018)
03/01/2018 Civil Case Terminated. (dgr) (Entered: 03/02/2018)

Outcome: CLERK'S JUDGMENT in favor of Defendants against Plaintiff. ORDERED that Plaintiff take nothing; that Defendants recover their costs of this action, and the action be, and the same hereby, is DISMISSED. (dgr)--Please refer to http://www.ca11.uscourts.gov to obtain an appeals jurisdiction checklist-- (Entered: 03/02/2018)

Plaintiff's Experts:

Defendant's Experts:

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