IN THE COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY

                             FIRST JUDICIAL DISTRICT OF PENNSYLVANIA

                                       CIVIL TRIAL DIVISION

                                             - - -

                     GERARD SMYTH AND                    :  MAY TERM 1994
                     BERNADETTE SMYTH, H/W

                           VS.

                     STANFORD DAVNE, M.D.                : NO. 3318

                                             - - -

                            COURTROOM "G," COMPLEX LITIGATION CENTER
                                       WANAMAKER BUILDING
                                   PHILADELPHIA, PENNSYLVANIA

                                             - - -

                                         OCTOBER 30, 1996

                                            VOLUME II

                                             - - -

                     BEFORE:  HONORABLE VICTOR J. DI NUBILE, JR.

                                             - - -









                          GEORGE D'ANGELIS, RPR, OFFICIAL COURT REPORTER
                                   1321 ARCH STREET - SUITE 302
                                     PHILADELPHIA, PA. 19107
                                          (215) 686-4240
 






                     APPEARANCES:



                            LAW FIRM: FELDMAN, SHEPHERD AND WOHLGELERNTER
                            BY:  ALAN M. FELDMAN, ESQUIRE
                            FOR THE PLAINTIFFS



                            LAW FIRM: WRIGHT, YOUNG AND MC GILVERY
                            BY:  KEVIN H. WRIGHT, ESQUIRE
                            FOR THE DEFENDANT
 







                                             I N D E X
                                             _ _ _ _ _



                     WITNESSES:
                     _________ 

                                         DIRECT  CROSS  REDIRECT  RECROSS
                                         ______  _____  ________  _______



                     SANFORD T. DAVNE      --       4       79       115





                     RICHARD BENNETT      129     135      169       170

                                          138     154





                     RANDAL R. BETZ       172     197      208





                     GERARD SMYTH         212

                                             EXHIBITS        PAGE_
                                             ________        ____ 



                     P-27A,B, & C   STOCK OPTION AGREEMENTS    28

                     P-11 ALSO DAVNE-1    CONSENT FORM         95

                     D-1  X-RAY FILM                           182
 
                                                                             4




         1

         2                             MORNING_SESSION
                                       _______ _______

         3

         4

         5                        (WHEREUPON, THE FOLLOWING TRANSPIRED

         6                  IN OPEN COURT IN THE PRESENCE OF THE JURY:)

         7                              THE COURT:  I MAY ASK YOU TO

         8                  COME IN EARLY TOMORROW MORNING.  LET'S SEE

         9                  HOW THINGS GO TODAY.

        10                        DOCTOR, YOU ARE STILL ON

        11                  CROSS-EXAMINATION.

        12                              THE WITNESS:  DR. SANFORD T.

        13                  DAVNE.

        14                        (WHEREUPON, THE WITNESS, HAVING BEEN

        15                  PREVIOUSLY SWORN, WAS EXAMINED AND TESTIFIED

        16                  AS FOLLOWS:)

        17

        18

        19                             -      -      -

        20                            CROSS-EXAMINATION

        21                             -      -      -

        22           BY MR. FELDMAN:

        23           Q.     DOCTOR, I THINK WHERE WE LEFT OFF, I HAD

        24           ASKED YOU WHETHER OR NOT YOU HAD A RECOLLECTION OF
 
                                                                             5




         1           WHETHER MR. SMYTH HAD, IN FACT, NOT BEEN USING ANY

         2           PAIN MEDICATION WHEN YOU LAST SAW HIM AND YOUR

         3           ANSWER WAS TO THE EFFECT THAT YOU WEREN'T REALLY

         4           SURE, YOU WOULD HAVE TO SEARCH YOUR RECORDS?

         5           A.     I HAD AN OPPORTUNITY TO LOOK AT MY CHART AND

         6           WHAT I DETERMINED FROM THAT, THAT HE HAD PRIOR TO

         7           SEEING ME BEEN ON VALIUM AND A MUSCLE RELAXANT, BUT

         8           AT THE TIME THAT HE REGISTERED TO SEE ME IN MY

         9           OFFICE, HE SAID THAT HE WAS NO LONGER TAKING