IN THE COURT OF COMMON PLEAS

                              FIRST JUDICIAL DISTRICT OF PENNSYLVANIA

                                        CIVIL TRIAL DIVISION

                                               - - -

                     GARNETT D ARNOLD AND       : SEPTEMBER TERM, 2001
                     GERI ARNOLD                 :
                                                 :
                             VS                 :
                                                 :
                     RICHARD TIPPERMAN, MD     : NO 374

                                               - - -

                                         FEBRUARY 18, 2004
                                       COURTROOM 633, CITY HALL
                                      PHILADELPHIA, PENNSYLVANIA
                                    TESTIMONY OF ANDREW DAHL, MD
                                               - - -

                     BEFORE:  HON PAUL P PANEPINTO, J
 






                     APPEARANCES:



                                  SHELLER, LUDWIG & BAEDY
                                  BY:  NANCY RHOADS, ESQUIRE
                                  COUNSEL FOR THE PLAINTIFF



                                  GOLDFEIN & HOSMER
                                  BY:  MEDFORD J BROWN, III, ESQUIRE
                                  COUNSEL FOR THE DEFENDANT































                                  GEORGE D'ANGELIS, RPR
                                  OFFICIAL COURT REPORTER
                                  COURT OF COMMON PLEAS
 







                                              I_N_D_E_X
                                              _ _ _ _ _



                     WITNESSES:

                                           DIRECT    CROSS   REDIRECT   RECROSS

                       ANDREW A DAHL, MD  4        14
                                             33       125
                                                                              4





         1                        COURT CRIER:  PLACE YOUR RIGHT HAND

         2                  ON THE BIBLE  PLEASE STATE YOUR FULL NAME

         3                              THE WITNESS:  ANDREW A DAHL

         4                              COURT CRIER:  DO YOU SWEAR THAT

         5                  YOU WILL ANSWER TRUTHFULLY ALL QUESTIONS

         6                  PUT TO YOU TOUCHING THE MATTER NOW BEFORE

         7                  THIS COURT SO HELP YOU GOD?

         8                              THE WITNESS:   I DO

         9                              THE COURT:  THANK YOU, DR

        10                  DAHL  MAKE YOURSELF COMFORTABLE  WE MAY

        11                  BE ASKING YOU TO STEP DOWN TO MAKE SOME

        12                  DEMONSTRATIONS LATER, BUT YOU HAVE TO KEEP

        13                  YOUR VOICE UP NO MATTER WHERE YOU ARE,

        14                  OKAY?

        15                              THE WITNESS:  THANK YOU

        16                              THE COURT:  THANK YOU

        17

        18

        19                            -      -      -

        20                           DIRECT EXAMINATION

        21                            -      -      -

        22           BY MS RHOADS:

        23           Q    DR DAHL, ARE YOU AN OPHTHALMOLOGIST?

        24           A    YES, I AM

        25           Q    ARE YOU HERE TO GIVE US AN OPINION AS TO
                                                                              5





         1           WHETHER DR TIPPERMAN GAVE INFORMED CONSENT TO MR

         2           ARNOLD BY GIVING MR ARNOLD INFORMATION ABOUT THE

         3           PROCEDURE, THE RISKS OF THE PROCEDURE, THE

         4           ALTERNATIVES AND THE RISKS OF THE ALTERNATIVES?

         5                              MR BROWN:  EXCUSE ME, YOUR

         6                  HONOR  OBJECTION

         7                              THE COURT:  I DON'T KNOW  THE

         8                  FORM OF THAT QUESTION -- CAN YOU RESTATE

         9                  THE QUESTION, PLEASE?

        10           BY MS RHOADS:

        11           Q    DR DAHL, ARE YOU HERE TO TESTIFY AS AN

        12           EXPERT AS TO THE PROCEDURE TO BE PERFORMED ON MR

        13           ARNOLD AND WHAT RISKS, ALTERNATIVES AND RISKS OF

        14           THE ALTERNATIVES WERE TO BE SHARED WITH HIM BY THE

        15           SURGEON, DR TIPPERMAN?

        16                              MR BROWN:  OBJECTION, YOUR

        17                  HONOR

        18                              THE COURT:  WELL, I WILL ALLOW

        19                  HIM TO CONTINUE IF HE