IN THE COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY

                          FIRST JUDICIAL DISTRICT OF PENNSYLVANIA

                                    CIVIL TRIAL DIVISION

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                  ESTATE OF JOSEPH SAGGESE       : OCTOBER 1998
                  BY ADMINISTRATRIX LISA SAGGESE
                  AND LISA SAGGESE AND THOMAS
                  FUHRMEISTER, H/W

                      VS

                  DAVID DZURINKO, MD           :  NO 1084

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                                  COURTROOM 253, CITY HALL
                                 PHILADELPHIA, PENNSYLVANIA

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                                      JANUARY 17, 2001

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                  BEFORE:  HONORABLE VICTOR J DI NUBILE

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                       GEORGE D'ANGELIS, RPR, OFFICIAL COURT REPORTER
                                    LAND TITLE BUILDING
                                    100 S BROAD STREET
                                        SECOND FLOOR
                             PHILADELPHIA, PENNSYLVANIA, 19110
                                       (215) 683-8056


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                  APPEARANCES:




                               BY: SALVATORE J CUCINOTTA, ESQUIRE
                               COUNSEL FOR THE PLAINTIFFS




                               LAW FIRM: KENT AND MC BRIDE, PC
                               BY:  JAMES L MOORE, ESQUIRE
                               COUNSEL FOR THE DEFENDANT




















                       GEORGE D'ANGELIS, RPR, OFFICIAL COURT REPORTER
                                    LAND TITLE BUILDING
                                    100 S BROAD STREET
                                        SECOND FLOOR
                             PHILADELPHIA, PENNSYLVANIA, 19110
                                       (215) 683-8056


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         2                            WITNESSES

         3                         DIRECT   CROSS   REDIRECT RECROSS

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         5        THOMAS MURRAY, MD 40      44       105       109

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         1                         MORNING_SESSION

         2

         3

         4                     (WHEREUPON, THE FOLLOWING TOOK PLACE

         5               IN OPEN COURT, OUT OF THE PRESENCE OF THE

         6               JURY:)

         7                           THE COURT:  THERE ARE SOME

         8               MOTIONS

         9                     (WHEREUPON, A DISCUSSION TOOK PLACE

        10               OFF THE RECORD)

        11                           THE COURT:  NOW, WE WILL TRY

        12               OUR BEST TO HAVE DR MURRAY TESTIFY TODAY,

        13               BUT I JUST DON'T KNOW HOW FAR WE ARE GOING

        14               TO GET  LET'S PROCEED FIRST WITH THE

        15               MOTIONS  OKAY?

        16                     THE ONE MOTION I THINK HAS BECOME

        17               MOOT AND THAT WOULD BE -- AND THAT INVOLVED

        18               MY DENIAL OF SUMMARY JUDGMENT INVOLVING DR

        19               HUSLIN  THE QUESTION WAS WAS DR HUSLIN

        20               STILL A PARTNER OF DR DZURINKO WHEN THE

        21               ALLEGED MALPRACTICE, ACCORDING TO DR

        22               MURRAY, OCCURRED WHICH WAS AFTER 5-23 BASED

        23               ON THE FAILURE, THE ALLEGED FAILURE TO

        24               DISCOVER ANY DISCORDANT GROWTH BY NOT DOING
 

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         1               A WEEKLY ULTRASOUND OR A NON-STRESS TEST

         2               BUT SINCE THERE HAS BEEN A STIPULATION IN

         3               WHICH THE CASE HAS BEEN DISCONTINUED

         4               AGAINST DR HUSLIN DATED YESTERDAY, I

         5               BELIEVE THAT MOTION BECOMES MOOT

         6                     NOW, THE NEXT MOTION DEALS WITH --

         7               AND I THINK THERE ARE TWO MOTIONS HAND AND

         8               HAND HERE  ONE IS THE MOTION INVOLVING THE