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, MD                : NO 3318

                                         - - -

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

                                         - - -

                                     OCTOBER 31, 1996

                                       VOLUME III

                                         - - -

                 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








                          WILLIAM J SCHAEFER, RPR/CM







                 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








































                          WILLIAM J SCHAEFER, RPR/CM






                                         I N D E X
                                         _ _ _ _ _







                 WITNESSES            DIRECT  CROSS  REDIRECT  RECROSS
                 _________            ______  _____  ________  _______



                 DR KOREVAAR          10,23   19,72   94        94



                 GERARD SMYTH          100      149    192       193



                 BENADETTE SMYTH       196      210



                                         EXHIBITS
                                         ________



                 MARKED_AS     DESCRIPTION                        PAGE
                 ______ __     ___________                        ____





                 DAVNE-2  LETTER SENT TO SHERRY PALISH            82



                 P-23     PAMPHLET                                108















                          WILLIAM J SCHAEFER, RPR/CM                                                                     4






         1

         2                         MORNING_SESSION
                                   _______ _______

         3

         4

         5                    (THE FOLLOWING TOOK PLACE IN OPEN

         6              COURT, JURY NOT PRESENT:)

         7                          THE COURT:  YOU HAVE SOME

         8              MATTERS?

         9                          MR FELDMAN:  YES  YESTERDAY ON

        10              THE STAND DR BETZ SUGGESTED THAT MY CLIENT

        11              HAD BEEN DRINKING WHEN HE HAD HIS EXAM  IT

        12              WAS NOT IN HIS REPORT  I HAD NO WAY OF

        13              KNOWING IN ADVANCE THAT THAT KIND OF

        14              ACCUSATION WHICH IS A HIGHLY EMOTIONAL ONE

        15              WOULD BE MADE  HAD IT BEEN IN HIS REPORT,

        16              AS IT SHOULD HAVE BEEN, I WOULD HAVE HAD AN

        17              OPPORTUNITY TO GO TO THE COURT AND ARGUE

        18              THAT IT WAS VERY UNFAIRLY PREJUDICIAL,

        19              NOTHING TO DO WITH THE EXAM AND SHOULD BE

        20              STRICKEN AND THEY SHOULD NOT BE ALLOWED TO

        21              OFFER THAT KIND OF ACCUSATORY TESTIMONY

        22              BECAUSE IT WAS A SURPRISE AND IT WAS CLEARLY

        23              AN INTENTIONAL SURPRISE, I BELIEVE IT WAS

        24              INAPPROPRIATE AND I WAS LEFT IN A POSITION







                          WILLIAM J SCHAEFER, RPR/CM                                                                     5






         1              OF EITHER HAVING TO OBJECT--

         2                          THE COURT:  WHICH I NOTICED YOU

         3              DID NOT DO

         4                          MR FELDMAN:  I DID NOT

         5                          THE COURT:  I WOULD HAVE

         6              SUSTAINED THE OBJECTION  HOWEVER, FOR TRIAL

         7              PURPOSES, I THI