IN THE COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY

                          FIRST JUDICIAL DISTRICT OF PENNSYLVANIA

                                    CIVIL TRIAL DIVISION

                                           - - -

                  ROBERT SCHULTHEIS          :  FEBRUARY TERM, 1993

                       VS.                   :

                  PAUL L. GORSHUCH, M.D.     :  NO. 1851

                       AND                   :

                  SANFORD DAVNE, M.D.        :

                                           - - -

                                  COMPLEX LITIGATION CENTER
                                     WANAMAKER BUILDING
                                 PHILADELPHIA, PENNSYLVANIA

                                           - - -

                                      OCTOBER 17, 1997

                                           - - -

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

                                           - - -

                                   TESTIMONY OF DR. DAVNE


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







                  APPEARANCES:



                               OMINSKY, MESSA & TARVER, P.C.
                               BY:  JOSEPH MESSA, ESQUIRE
                               COUNSEL FOR PLAINTIFF




                               WRIGHT, YOUNG & MC GILVERY
                               KEVIN H. WRIGHT, ESQUIRE
                               COUNSEL FOR DEFENDANT DAVNE



                               MINTZER, ZABICKI, POWELL & MINTZER, P.C.
                               KENNETH D. POWELL, ESQUIRE
                               COUNSEL FOR DEFENDANT GORSUCH
 







                                         I_N_D_E_X
                                         _ _ _ _ _

                                       DIRECT  CROSS  REDIRECT

                  SANFORD DAVNE, M.D.   5
 
                                                                             4




         1

         2                           MR. WRIGHT:  CAN I DO A

         3               STIPULATION FIRST JUDGE BEFORE I FORGET ABOUT

         4               IT?

         5                           MR. MESSA:  I BELIEVE IT WOULD BE

         6               APPROPRIATE TO CONTINUE WHERE WE LEFT OFF.

         7                           THE COURT:  YOU WILL HAVE TIME ON

         8               MONDAY TO DO THAT.  YOU WON'T FORGET IT.

         9                           THE COURT:  I AM GOING TO SAY THIS

        10               TO COUNSEL IN THE PRESENCE OF THE JURY.  THE

        11               CASE IS DRAGGING.  I REALIZE THERE IS

        12               IMPORTANT FOR ALL OF YOU.  YOU ARE GOING TO

        13               HAVE TO MOVE THIS CASE BECAUSE YOU ARE ONLY

        14               GOING TO LOSE THE FACT FINDERS.  IT'S

        15               DIFFICULT FOR ME TO FOLLOW, LET ALONE THE FACT

        16               FINDERS.  THESE ARE THE PEOPLE YOU HAVE TO

        17               CONVINCE.  KEEP THAT IN MIND.

        18                           MR. WRIGHT:  I HAVEN'T SAID FIVE

        19               WORDS TODAY.

        20                           MR. MESSA:  IT'S THE FIRST TIME.

        21        BY MR. WRIGHT:

        22        Q.     DR. DAVNE, LET ME SHOW YOU THE BOOK AND THE

        23        PAGE THAT MR. MESSA HAD OUR LAST WITNESS READ FROM.

        24        THERE IS A PICTURE ON THAT WHICH DEPICTS THE TREFOIL
 
                                                                             5




         1        CONFIGURATION ON A C.A.T. SCAN.

         2               IS THAT SIMILAR OR IDENTICAL TO THE C.A.T.

         3        SCAN WE HAVE HERE?

         4                           MR. MESSA:  OBJECTION.

         5                           THE WITNESS:  IT'S IDENTICAL.

         6                           MR. MESSA:  IT'S LEADING AND NOT

         7               APPROPRIATE FOR THIS WITNESS.

         8                           THE COURT:  I AM NOT SURE.

         9                           MR. WRIGHT:  MR. MESSA HAD THE

        10               LAST WITNESS READ IT.

        11                           THE COURT:  AT THIS PARTICULAR

        12               POINT, IT'S OUT OF CONTEXT WITH WHAT YOU ARE

        13               DOING WITH DR. DAVNE.

        14                     DR. DAVNE IS GOING THROUGH, I THINK THE

        15               LAST THING HE TALKED ABOUT WAS WHY HE OPERATED

        16               BASED ON HISTORY AND