IN THE COURT OF COMMON PLEAS

                          FIRST JUDICIAL DISTRICT OF PENNSYLVANIA

                                    CIVIL TRIAL DIVISION

                                         -   -   -

                  STEPHEN T. MOSCONY        : NOV. TERM, 1998

                                             :
                          VS.                :
                                             :
                  EDWARD BLUMSTEIN, ESQUIRE, :
                  EXECUTOR OF THE ESTATE OF  :
                  LEONARD MILLER, M.D., AND  :
                  STEVEN HENDRICKSON, M.D.   :  NO. 0969

                                         -   -   -

                                      OCTOBER 15, 2001

                                  COURTROOM 253, CITY HALL
                                 PHILADELPHIA, PENNSYLVANIA

                                         -   -   -

                           TESTIMONY OF TERRANCE J. MALLOY, M.D.

                                         -   -   -

                  BEFORE:  HONORABLE VICTOR J. DI NUBILE, J.
                                         AND A JURY
 










                  APPEARANCES:




                               BY:  BARTON HAINES, ESQUIRE
                               COUNSEL FOR THE PLAINTIFF




                               OBERMAYER, REBMANN, MAXWELL AND HIPPEL
                               BY:  GARY SAMMS, ESQUIRE
                               COUNSEL FOR ESTATE OF LEONARD MILLER, M.D.




                               MC KISSOCK AND HOFFMAN
                               BY:  ELAINE ROSS, ESQUIRE
                               COUNSEL FOR STEVEN HENDRICKSON, M.D.


















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







                                         I_N_D_E_X
                                         _ _ _ _ _




                                        DIRECT    CROSS   REDIRECT

                  TERRANCE MALLOY, M.D.   5         33       46
 
                                                                             4




         1

         2                         MORNING_SESSION
                                   _______ _______

         3

         4

         5                     (THE FOLLOWING TRANSPIRED IN OPEN

         6               COURT IN THE PRESENCE OF THE JURY:)

         7                           THE COURT:  SUPPOSE WE ADJOURN

         8               FOR LUNCH AT THIS TIME AND LET'S COME BACK

         9               AT A QUARTER OF 2:00, IF THAT'S ALL RIGHT

        10               WITH YOU.  HAVE A PLEASANT LUNCH.

        11                     (AT THIS TIME A LUNCHEON RECESS WAS

        12               TAKEN.)

        13

        14

        15                        AFTERNOON_SESSION
                                  _________ _______

        16

        17

        18                     (THE FOLLOWING TRANSPIRED IN OPEN

        19               COURT IN THE PRESENCE OF THE JURY:)

        20                           THE COURT:  GOOD AFTERNOON.

        21                           MS. ROSS:  GOOD AFTERNOON, YOUR

        22               HONOR.

        23                     DEFENSE ON BEHALF OF DR. HENDRICKSON

        24               CALLS DR. TERRANCE MALLOY.
 
                                                                             5




         1                           COURT CRIER:   FOR THE RECORD,

         2               SIR, PLEASE STATE YOUR FULL NAME.

         3                           THE WITNESS:  TERRANCE REED

         4               MALLOY.

         5                           COURT CRIER:  DO YOU SWEAR THAT

         6               YOU WILL ANSWER TRUTHFULLY ALL QUESTIONS

         7               PUT TO YOU TOUCHING THE MATTER NOW BEFORE

         8               THIS COURT SO HELP YOU GOD?

         9                           THE WITNESS:   I DO.

        10                           THE COURT:  KEEP IN MIND, THE

        11               JURY KNOWS A LOT ABOUT THIS CASE.  GET

        12               RIGHT TO THE HEART OF IT.

        13

        14

        15                         -      -      -

        16                        DIRECT EXAMINATION

        17                         -      -      -

        18        BY MS. ROSS:

        19        Q.     GOOD AFTERNOON, DR. MALLOY.

        20        A.     GOOD AFTERNOON.

        21        Q.     DOCTOR, I TAKE IT YOU ARE A PHYSICIAN?

        22        A.     YES, I AM AN M.D., SURGEON.

        23        Q.     DO YOU HAVE EXPERIENCE IN A PARTICULAR

        24        FIELD?