1




         1

         2
                                IN THE COURT OF COMMON PLEAS
         3
                          FIRST JUDICIAL DISTRICT OF PENNSYLVANIA
         4
                                    CIVIL TRIAL DIVISION
         5
                                         -   -   -
         6
                  TERESA CARTER, AS THE        : AUGUST TERM, 1999
         7        REPRESENTATIVE OF THE ESTATE :
                  OF KATIE W. CARTER,          :
         8                           PLAINTIFF :
                             VS.               :
         9                                     :
                  PHILIP MORRIS, INC.,         :
        10                           DEFENDANT : NO. 4567

        11                               -   -   -

        12                            JANUARY 17, 2003
                                  COURTROOM 253, CITY HALL
        13                       PHILADELPHIA, PENNSYLVANIA

        14                               -   -   -
                           QUALIFICATIONS ON ALLAN KRUTCHIK, M.D.
        15

        16        BEFORE:  HONORABLE VICTOR J. DI NUBILE, JR.
                  AND JURY
        17

        18

        19

        20

        21

        22

        23                     GEORGE D'ANGELIS, R.P.R.
                               OFFICIAL COURT REPORTER
        24                     COURT OF COMMON PLEAS
 
                                                                             2




         1
                  APPEARANCES:
         2

         3                     GREITZER AND LOCKS
                               BY:  MARC P. WEINGARTEN, ESQUIRE
         4                     COUNSEL FOR THE PLAINTIFF

         5                     SPOHRER, WILNER, MAXWELL &
                               MATTHEWS, PA.
         6                     BY:  NORWOOD S. WILNER, ESQUIRE
                                    HOWARD ACOSTA, ESQUIRE
         7                     FOR THE PLAINTIFF

         8

         9                     DECHERT, PRICE & RHOADS
                               BY:  ARTHUR NEWBOLD, ESQUIRE
        10                          STEPHEN J. MC CONNELL, ESQUIRE
                                    BRENNAN J. TORREGROSSA, ESQUIRE
        11                     FOR THE DEFENDANT

        12

        13

        14

        15

        16

        17

        18

        19

        20

        21
                               GEORGE D'ANGELIS, R.P.R.
        22                     OFFICIAL COURT REPORTER
                               COURT OF COMMON PLEAS
        23

        24
 
                                                                             3




         1                     (THE FOLLOWING TRANSPIRED IN OPEN

         2               COURT IN THE PRESENCE OF THE JURY:)

         3                           THE COURT:  SWEAR THE DOCTOR

         4               AGAIN.

         5                           COURT CRIER:  PLEASE STATE YOUR

         6               FULL NAME FOR THE RECORD.

         7                           THE WITNESS:  ALLAN NORMAN

         8               KRUTCHIK.

         9                     (THE WITNESS WAS DULY SWORN.)

        10                           THE COURT:  LADIES AND

        11               GENTLEMEN OF THE JURY, WHAT WE ARE GOING TO

        12               DO IS JUST FOR TODAY SINCE IT'S FRIDAY AND

        13               WE HAVE WORKED VERY HARD AND WE ARE MOVING

        14               ALONG, WE ARE JUST GOING TO GO OVER THE

        15               QUALIFICATIONS OF DR. KRUTCHIK AND THEN DR.

        16               KRUTCHIK DUE TO HIS SCHEDULE SEEING

        17               PATIENTS WILL TESTIFY ON WEDNESDAY.  I AM

        18               GOING TO ASK YOU TO COME IN EARLY ON

        19               WEDNESDAY, NINE O'CLOCK NOT TWENTY AFTER

        20               9:00.  AND THEN WE WILL WORK STRAIGHT

        21               THROUGH TO 1:30 TAKING SOME BREAKS.

        22                     SINCE WE ARE GOING TO DO THAT, I'M

        23               GOING TO HAVE YOUR LUNCH ORDERED FOR YOU

        24               COMPLIMENTS OF THE PHILADELPHIA COURT
 
                                                                             4




         1               SYSTEM.  I USUALLY DO THAT THE DAY YOU

         2               DELIBERATE BUT I WILL DO IT THIS DAY, TOO,

         3               SO WE CAN ACCOMMODATE THE DOCTOR AND AT THE

         4               SAME TIME I TRY TO MAKE IT AS PALPABLE AS

         5               POSSIBLE FOR YOU.  WE WILL TAKE BREAKS AND

         6               SO FORTH AND WE MAY ADJOURN A LITTLE

         7               EARLIER THAT DAY AS WELL.