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, M.D.           :  NO. 1084

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                                  COURTROOM 253, CITY HALL
                                 PHILADELPHIA, PENNSYLVANIA

                                           - - -

                                      JANUARY 19, 2001

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                  BEFORE:  HONORABLE VICTOR J. DI NUBILE
                                         AND A JURY

                                           - - -




                       GEORGE D'ANGELIS, R.P.R., 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, P.C.
                               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

                                           - - -
 








                                         I_N_D_E_X



                  WITNESSES:

                                          DIRECT   CROSS

                   DAVID DZURINKO           18      73

                   JOSEPH FUHRMEISTER      122     124

                   LISA SAGGESE            125     126
 

                                                                             4




         1

         2                         MORNING_SESSION

         3

         4

         5                     (WHEREUPON, THE FOLLOWING TOOK PLACE

         6               IN OPEN COURT, OUT OF THE PRESENCE OF THE

         7               JURY:)

         8                           THE COURT:  I WANTED TO MAKE A

         9               STATEMENT SO YOU COULD SEE ME.  I HAVE

        10               TRIED TO ACCOMMODATE COUNSEL IN THIS CASE,

        11               BOTH SIDES, BY FIRST BEING REQUESTED TO

        12               CALL DR. MURRAY OUT OF TURN BECAUSE HE

        13               COULD ONLY BE HERE FOR ONE DAY.  I DID

        14               THAT.  WE DIDN'T DO -- WE FOREWENT THE

        15               OPENING STATEMENTS AND WE DID IT.

        16                     I WAS THEN REQUESTED TO CALL DR.

        17               WEINER OUT OF TURN.  I THINK I ASKED ON THE

        18               RECORD HOW LONG WOULD THAT BE.  I WAS TOLD

        19               AT THE MOST TWO HOURS.  YESTERDAY WE HAD TO

        20               WAIT -- AND THESE THINGS HAPPEN -- FOR MR.

        21               VERZILLI WHO WAS TIED UP.  SO WE LOST 20

        22               MINUTES THERE.  BUT WE WORKED TO CLOSE TO

        23               FIVE OF 1:00 AND THEN I HAD TO GIVE THE

        24               JURY A LITTLE LONGER THAN AN HOUR.  I KNOW
 

                                                                             5




         1               THIS FROM EXPERIENCE.  SO WE STARTED AT TEN

         2               AFTER 2:00.  WE WENT TWO AND A HALF HOURS

         3               WITHOUT A BREAK.  AND WE COULD GO NO

         4               LONGER.  NOW, LET ME EXPLAIN WHY.  THESE

         5               RULES THAT I HAVE, THEY ARE BASED ON LOGIC

         6               AND REASONING BECAUSE A JURY CAN ONLY TAKE

         7               SO MUCH.  YOU HAVE TO HAVE A SET SCHEDULE

         8               AND YOU HAVE TO GIVE THEM A BREAK.  YOU

         9               HAVE TO GIVE THEM A RECESS IN THE MORNING,

        10               A DECENT LUNCH HOUR AND YOU HAVE TO GIVE

        11