STATE OF NORTH CAROLINA IN THE GENERAL COURT OF JUSTICE WAKE COUNTY SUPERIOR COURT DIVISION FILE NO.: CVS

xxxxx,

Plaintiff

v.

yyyyyyyyyy,

Defendant

______________________________________________________________________

ORDER ON FINAL PRETRIAL CONFERENCE ________________________________________________________________________

Pursuant to the provisions of Rule 16 of the State Rules of Civil Procedure, and Rule 7, General Rules of Practice, a final pretrial conference was held in the above-entitled cause on the day of, ___________________, 2000. Attorney _________________ appeared as counsel for the plaintiff, and Attorney _____________________ appeared as counsel for the defendant.

1. It is stipulated that all parties are properly before the Court, and at the Court has jurisdiction of the parties and the subject matter.

2. It is stipulated that all parties have been correctly designated, and there is no question as to misjoinder or nonjoinder of parties.

3. In addition to any other stipulations, the parties stipulate and agree with respect to the following undisputed facts:

4. A list of all known Exhibits the plaintiff may offer at file is shown on Exhibit 1.

It is stipulated and agreed that opposing counsel has been furnished a copy of each Exhibit identified by the plaintiff.

It is stipulated and agreed that each of the Exhibits identified by the plaintiff is genuine and, if relevant and material, may be received in evidence without further identification or proof.

5. A list of all known Exhibits the defendant may offer at file is shown on Exhibit 2.

It is stipulated and agreed that opposing counsel has been furnished a copy of each Exhibit identified by the defendant.

It is stipulated and agreed that each of the Exhibits identified by the defendant is genuine, and, if relevant and material, may be received in evidence without further identification or proof.

6. A list of the names all known witnesses the plaintiff may offer at trial is shown on Exhibit 1.

7. A list of the names of all known witnesses the defendant may offer at file is shown on Exhibit 2.

8. There are no pending motions, and neither party desires further amendments to the pleadings.

9. Additional consideration has been given to a separation of the triable issues, and counsel for all parties are the opinion that a separation of issues would not be feasible.

10. The plaintiff contends that the contested issues to be tried by the jury are as follows:

11. The defendant contends that the contested issues to be try by the jury are as follows:

12. Counsel for the parties announced that all witnesses are available in the case is in all respects ready for trial. The probable length of the trial is estimated to be _____ days.

13. Counsel for the parties represent to the Court that, in advance of the preparation of this order, there was a fall and frank discussion of settlement possibilities. Counsel for the plaintiff will immediately notify the clerk in the event of material change in settlement prospects.

________________________________________ , Counsel for Plaintiff

________________________________________ ___________________,Counsel for Defendant

Approved and Ordered Filed.

Date: ___________________, 2000

______________________________ Superior Court Judge Presiding

Plaintiff's List of Witnesses, Exhibits and Issues

Plaintiff's Witnesses The plaintifff may call any of the following as witnesses at trial:

1. Plaintiff 2. Defendant 3. Investigating Law Enforcement Officer 4. Eyewitness (List by name.) 5. Ambulance Personnel 6. Emergency Room Personnel 7. Treating Physicians 8. Experts 9. Employer/supervisor/Co-worker 10. Friends and neighbors 11. Spouse and family members 12. All records custodians necessary to authenticate any records or other evidence. 13. All witnesses listed by the defendant in his pretrial order attachement. 14. All witnesses necessary to impeach the testimony or evidence of the defendant's witnesses.

Plaintiff's Exhibits

The plaintiff may use or introduce any of the following exhibits at trial:

1. Plaintiff's medical bills 2. Plaintiff's medical records 3. Plaintiff's wage and employment records 4. Traffic Accident Report (as redacted to exclude inadmissible portions.) 5. Photographs of the scene of the accident 6. Photographs of the vehicles involved in the accident 7. Model of the spine 8. Illustrations of the soft tissues surrounding the spine 9. Learned treatises 10. Defendant's Guilty Plea 11. Defendant's Insurance Letter 12. Traffic Light Engineering Schematic showing designed function of traffic signal. 13. Traffic Engineer's logbook showing service dates of traffic signal 14. x-rays, MRI's, CAT scans, PET scans, bones scans and other diagnostic images of the Plaintiff 15. Log of Defendant truck driver's driving times 16. Expert's reports 17. All exhibits listed by the defendant in his pretrial order attachment.

Plaintiff's Issues

The plaintiff contends that the issues at trial are as follows:

1. Negligence 2. Gross Negligence 3. Last Clear Chance 4. Damages 5. Punitive Damages

-- Robert Holmes (holmes23@bellsouth.net), December 13, 2000