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         1

         2

         3

         4               (WHEREUPON THE TIME IS 11:35 A.M.)

         5                             - - -

         6    BY MR. EISENBERG:

         7    Q.     DR. CRANE, I BELIEVE WE WERE TALKING ABOUT THE

         8    OUTPATIENT TREATMENT THAT MR. CARROLL RECEIVED AFTER HE

         9    WAS DISCHARGED ON 4/5 1988.  DO YOU HAVE THAT RECORD IN

        10    FRONT OF YOU?

        11    A.     I HAVE MY NOTES IN FRONT OF ME.  I DON'T HAVE THE

        12    ACTUAL RECORD.

        13    Q.     I THINK WE MARKED THOSE RECORDS.  COUNSEL WAS

        14    LOOKING AT THEM.  I WILL SHOW YOU THE ACTUAL RECORDS.

        15           ON APRIL 12TH OF 1988, HE WAS TOLD TO COME BACK

        16    TO SEE WHOM?

        17    A.     DR. DI SIMEONE.

        18    Q.     WHEN WAS HE TOLD TO COME BACK TO SEE DR.

        19    DI SIMEONE?

        20    A.     IN TWO WEEKS.  APPROXIMATELY TWO WEEKS IT SAYS.

        21    Q.     WHEN DID HE COME BACK?

        22    A.     APRIL 22ND.

        23    Q.     THAT'S LESS THAN TWO WEEKS, RIGHT?

        24    A.     YES.
 

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         1    Q.     HE SAW DR. DI SIMEONE --

         2                       MR. LAYSER:  OBJECTION.  THE RECORD

         3           DOES NOT STATE THAT HE SAW DR. DI SIMEONE.

         4                       THE COURT:  WHEN?  ON APRIL 22ND IT

         5           DOES NOT?

         6                       MR. LAYSER:  DOES NOT.

         7                       THE COURT:  WHAT DOES THE RECORD

         8           REFLECT.

         9                       MR. EISENBERG:  IF HE DIDN'T SEE DR.

        10           DI SIMEONE, I WILL --

        11                       MR. LAYSER:  THERE'S NOTHING IN THERE

        12           TO INDICATE THAT HE SAW DR. DI SIMEONE, NOR IS

        13           DR. DI SIMEONE'S SIGNATURE ON THAT RECORD.

        14                       THE COURT:  SO YOU ARE SAYING THE TWO

        15           OUT-PATIENT VISITS ON 4/12 AND 4/22 -- THERE WERE

        16           TWO OUT-PATIENT VISITS, BUT THE RECORD REFLECTS

        17           HE DID NOT SEE DR. DI SIMEONE?

        18                       MR. LAYSER:  MY INTERPRETATION OF

        19           THOSE COMPENSATION CLINIC RECORDS, YES.  THAT'S

        20           WHAT DR. DI SIMEONE TESTIFIED TO.

        21                       MR. EISENBERG:  I WILL WITHDRAW THE

        22           QUESTION, YOUR HONOR.

        23                       THE COURT:  THE RECORD WILL SHOW

        24           THERE WERE TWO VISITS.
 

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         1    BY MR. EISENBERG:

         2    Q.     WHAT WAS DONE FOR HIM ON THE 22ND?

         3    A.     IT DOES SAY IT'S AN ORTHOPEDIC VISIT.  I DIDN'T

         4    KNOW WHO SAW THE PATIENT.  IT STATED:  CONTINUE

         5    DRAINAGE.  THE X-RAY ACCORDING TO THE DOCTOR SAYS,

         6    SHOWED OSTEOPOROSIS WHICH MEANS A LOSS OF CALCIUM FROM

         7    THE BONE.

         8           THERE WAS ALSO AN OFFICIAL READING OF THAT X-RAY

         9    THAT I SAW, AND IT SAYS RETURN IN FOUR WEEKS AND

        10    CONTINUE TO INCREASE AMBULATION AND RANGE OF MOTION,

        11    MEANING, I THINK, RANGE OF MOTION EXERCISES.

        12                       MR. EISENBERG:  LET'S HAVE THIS

        13           MARKED AS PLAINTIFF'S EXHIBIT 12.

        14                             - - -

        15        (WHEREUPON P-12 WAS MARKED FOR IDENTIFICATION.)

        16                             - - -

        17                       THE COURT:  FOR THE RECORD, WHAT IS

        18           P-12?

        19    BY MR. EISENBERG:

        20    Q.     WHAT IS P-12, DOCTOR?

        21    A.     P-12 IS AN X-RAY REPORT OF THE LEFT KNEE AND LEFT

        22    FOOT OF KENNETH CARROLL PERFORMED ON APRIL 22ND, 1988.

        23    Q.     SO HE DID HAVE AN X-RAY?

        24    A.     YES.
 

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         1    Q.     THAT'S WHAT YOU WERE TALKING ABOUT?

         2    A.     YES -- WELL, THIS IS THE ACTUAL REPORT.  THERE IS

         3    ALSO AN INTERPRETATION BY THE DOCTOR WHO WROTE THE NOTE,

         4    THE ORTHOPEDIST.

         5    Q.     WHAT WAS FOUND ON THE X-RAY?

         6    A.     THE REPORT SAYS THERE IS EVIDENCE OF AN OLD

         7    FRACTURE OF THE TIBIAL PLATEAU.  WE DO NOT IDENTIFY ANY

         8    APPRECIABLE EVIDENCE OF A RECENT FRACTURE.  THE FOOT

         9    ALSO DOES NOT REVEAL ANY EVIDENCE OF A RECENT FRACTURE.

        10    THIS IS THE LEFT KNEE AND THE LEFT FOOT.