1

         2                         IN THE COURT OF COMMON PLEAS

         3                   FIRST JUDICIAL DISTRICT OF PENNSYLVANIA

         4                             CIVIL TRIAL DIVISION

         5                                  -   -   -

         6           NANCY SHOUDY AND PETER SHOUDY  :  AUG TERM, 2001

         7                VS
                     HOWARD CAPLAN MD, ET AL     :  NO 1405
         8
                                            -   -   -
         9
                                        JANUARY 23, 2004
        10
                                            -   -   -
        11
                                     COURTROOM 633, CITY HALL
        12
                                            -   -   -
        13
                     BEFORE:  HONORABLE PAUL P PANEPINTO
        14                                  AND A JURY

        15

        16                               VOLUME II

        17
                               TESTIMONY OF HOWARD CAPLAN, MD
        18

        19

        20

        21

        22

        23

        24

        25
 




         1
                     APPEARANCES:
         2

         3                        BY:  TURREY KEPLER, ESQUIRE
                                  FOR THE PLAINTIFFS
         4

         5
                                  POST AND SCHELL
         6                        BY:  ROBERT M BRITTON, ESQUIRE
                                  COUNSEL FOR DR KAPLAN
         7

         8

         9

        10                        GEORGE D'ANGELIS, RPR
                                  OFFICIAL COURT REPORTER
        11

        12

        13

        14

        15

        16

        17

        18

        19

        20

        21

        22

        23

        24

        25
 




         1

         2
                                            I_N_D_E_X
                                            _ _ _ _ _
         3
                               DIRECT   CROSS   REDIRECT   REDIRECT
         4
                     WITNESSES
         5           HOWARD CAPLAN, MD 15        58         79

         6

         7

         8

         9

        10

        11

        12

        13

        14

        15

        16

        17

        18

        19

        20

        21

        22

        23

        24

        25
                                                                              4





         1                   (WHEREUPON THE TIME IS 10:30 AM)

         2                   (OUT OF THE PRESENCE OF THE JURY)

         3                              THE COURT:  HOW ABOUT IF WE, WE

         4                  WENT OVER SOME OBJECTIONS TO THE VIDEO

         5                  DEPOSITIONS OF WHAT HAS TO BE STRICKEN

         6                              I THINK WE ARE CLEAR UP TO PAGE

         7                  FIFTY AND THEN THIS MORNING, THERE IS AN

         8                  ADDITIONAL REQUEST BY PLAINTIFF'S COUNSEL TO

         9                  GET INTO A COUPLE MORE AREAS  SO WHICH ONES

        10                  ARE THEY?  I HAD IT HERE

        11                              MR KEPLER:  PAGE FIFTY-SIX,

        12                  YOUR HONOR

        13                              THE COURT:  I HAD IT EAR MARKED

        14                  PAGE FIFTY-SIX, FIFTY-SEVEN AND FIFTY-EIGHT

        15                              MR KEPLER:  YES, YOUR HONOR

        16                              THE COURT:  YOU WANT TO PUT YOUR

        17                  ARGUMENTS ON THE RECORD ON THAT

        18                              MR KEPLER:  IF YOUR HONOR

        19                  PLEASES, I HAD AN OBJECTION TO THIS

        20                  CONTINUING LINE OF QUESTIONING IN REGARD TO

        21                  THE LETTER THAT NANCY SHOUDY HAD WRITTEN TO

        22                  DR BARTLETT AND DR BARTLETT'S RESPONSE

        23                  THERETO  PAGE FIFTY-SIX

        24                              THE COURT:  THE OBJECTION WAS

        25                  SPECIFICALLY TO QUESTION FOUR, LINE FOUR
                                                                              5





         1                              MR KEPLER:  YES, YOUR HONOR

         2                              THE COURT:  AND DOCTOR --

         3                              MR KEPLER:  THE QUESTION WAS BY

         4                  MR BRITTON

         5                              THE COURT:  TO DR BARTLETT

         6                              THE COURT:  "AND DOCTOR, AT

         7                  LEAST IN PART WHEN YOU WROTE BACK TO MISS

         8                  S