IN THE COURT OF COMMON PLEAS

                               FIRST JUDICIAL DISTRICT OF PENNSYLVANIA

                                         CIVIL TRIAL DIVISION

                                              -   -   -

                     FRANK FAZIO, ADMINISTRATOR : MAY, 2001
                     OF THE ESTATE OF DEBORAH   :
                     FAZIO, DECEASED            :
                                                :
                                VS.             :
                                                :
                     ANDREW R. QUINT, M.D.,     :
                     ENDOCRINE ASSOCIATES, P.C.,:
                     AND HARRIET B. SCHWARCZ,   :
                     M.D.                       : NO. 0659

                                              -   -   -

                                           DECEMBER 9, 2003
                                       COURTROOM 483, CITY HALL
                                      PHILADELPHIA, PENNSYLVANIA

                                              -   -   -

                     BEFORE:  THE HONORABLE GARY F. DIVITO, J.
 









                     APPEARANCES:



                              FELDMAN, SHEPHERD, WOHLGELERNTER & TANNER
                              BY:  MARK W. TANNER, ESQUIRE
                                   RIKI R. REDENTE, ESQUIRE
                              COUNSEL FOR PLAINTIFFS



                              KILCOYNE & ASSOCIATES, LLC.
                              BY:  MICHAEL O. PITT, ESQUIRE
                              COUNSEL FOR DR. QUINT AND ENDOCRINE
                              ASSOCIATES



                              KANE, PUGH, KNOELL & DRISCOLL
                              BY:  WILLIAM H. PUGH, ESQUIRE
                              COUNSEL FOR HARRIET B. SCHWARCZ, M.D.



















                              GEORGE D'ANGELIS, R.P.R.
                              OFFICIAL COURT REPORTER
                              COURT OF COMMON PLEAS
 





                                         I_N_D_E_X


                     WITNESSES:

                                       DIRECT  CROSS  REDIRECT  RECROSS

                       DR. WAYNE ROSS      4       31      47       51
                                          15       46
 
                                                                             4





         1

         2                            MORNING_SESSION

         3

         4

         5                         (THE FOLLOWING TOOK PLACE IN OPEN

         6                  COURT, ALL PARTIES PRESENT:)

         7                              THE COURT:  MR. TANNER, DO YOU

         8                  HAVE A WITNESS?

         9                              MR. TANNER:  AT THIS TIME THE

        10                  PLAINTIFFS CALL DR. WAYNE ROSS.

        11                              COURT CRIER:  STATE YOUR FULL

        12                  NAME.

        13                              THE WITNESS:  WAYNE R. ROSS.

        14                              COURT CRIER:  PLACE YOUR RIGHT

        15                  HAND ON THE BIBLE.

        16                         DO YOU SWEAR THAT YOU WILL ANSWER

        17                  TRUTHFULLY ALL QUESTIONS PUT TO YOU

        18                  TOUCHING THE MATTER NOW BEFORE THIS COURT

        19                  SO HELP YOU GOD?

        20                              THE WITNESS:   I DO.

        21

        22

        23                               -     -     -

        24                            DIRECT EXAMINATION

        25                               -     -     -
 
                                                                             5





         1           BY MR. TANNER:

         2           Q.    DR. ROSS, GOOD MORNING.

         3           A.    GOOD MORNING.

         4           Q.    PLEASE TELL THE MEMBERS OF THE JURY YOUR

         5           OCCUPATION, SIR.

         6           A.    I WORK AS A FORENSIC PATHOLOGIST FOR

         7           LANCASTER COUNTY AS WELL AS FOR DAUPHIN COUNTY

         8           WHICH INCLUDES THE CITY OF HARRISBURG.

         9           Q.    WHAT IS A FORENSIC PATHOLOGIST OR WHAT DOES

        10           THAT MEAN?

        11           A.    A FORENSIC PATHOLOGIST IS A REGULAR

        12           PATHOLOGIST THAT YOU SEE IN A HOSPITAL SETTING,

        13           BUT WE PERFORM AUTOPSIES OUTSIDE THE HOSPITAL

        14           SETTING.  WE GET INVOLVED IN CASES WHERE PEOPLE

        15           DIE SUDDENLY AND UNEXPECTEDLY, WHERE THEY DIE OF

        16           HOMICIDE OR ACCIDENTAL DEATH.

        17                         WE ALSO GET INVOLVED IN CASES WHERE

        18