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         1

         2

         3

         4               (WHEREUPON THE TIME IS 11:35 AM)

         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