1. 1
    • This trial has been bifurcated. The initial phase shall deal only with
    • liability. All questions relating to the amount of any damages shall be
    • deferred until a second phase, which shall occur only if the jury finds
    • liability at the first stage.
  2. 2
    Princess Beads was a craft kit that allowed children to create variousmulti-dimensional designs using small colored beads. The beads fused togetherwhen sprayed with water.
  3. 3
    • Both parties waive any and all objections to the admissibility of the hospital records of Joey Davis (Exhibit A and Exhibit B to the Complaint), the Autopsyof Joey Davis, and Record of Outpatient Visit recorded by Julie Brockman onOctober 5, 2008.
    • No further foundation is needed and these documents maybe received at any time.
  4. 4
    Through no fault of either party, Dr. Casey French is unavailable to testify at trial. Dr. French’s testimony is not necessary to resolve any issue in dispute in this trial.
  5. 5
    • Erin Swift died of natural causes on December 28, 2009.
    • Exhibit # 14(email sent from Erin Swift to Blake Lexington on May 16, 2009, 4:59 PM) is the exhibit identified in Erin Swift’s deposition.
  6. 6
    During pretrial discovery, each witness testifying at trial produced to counsel for both parties all of the following (but only the following) documents and exhibits:tangible items expressly referenced in that witness’s affidavit.
  7. 7
    Both parties waive any and all objections arising under the Constitution of theUnited States, including (but not limited to) all objections grounded in First,Fourth, Fifth, Sixth, Seventh, Eighth, and Fourteenth Amendment rights.
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