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                                IN THE COURT OF COMMON PLEAS
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                          FIRST JUDICIAL DISTRICT OF PENNSYLVANIA
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                                    CIVIL TRIAL DIVISION
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                                         -   -   -
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                  JAIME HERNANDEZ              : SEPT. TERM, 1999
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                        VS.
         7        TEMPLE UNIVERSITY HOSPITAL,
                  ET AL.                       :  NO. 3255
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                                         -   -   -
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                                      JANUARY 8, 2002
        10                        COURTROOM 253, CITY HALL
                                 PHILADELPHIA, PENNSYLVANIA
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                                         -   -   -
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                  BEFORE:  HONORABLE VICTOR J. DI NUBILE, J.
        13                               AND A JURY

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                  APPEARANCES:
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                               MC ELDREW AND FULLAM, P.C.
         5                     BY: THOMAS A. LYNAM, III, ESQUIRE
                               COUNSEL FOR THE PLAINTIFF
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         7                     MC CANN AND GESCHKE
                               BY: RICHARD E. GESCHKE, ESQUIRE,
         8                     COUNSEL FOR DRS. WARDEN AND THALLNER AND
                               TEMPLE UNIVERSITY HOSPITAL
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                               GALLI AND REILLY
        10                     BY: MARY ELLEN REILLY, ESQUIRE
                               COUNSEL FOR DRS. O'KANE AND PATEL
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                               GEORGE D'ANGELIS, ESQUIRE
        21                     OFFICIAL COURT REPORTER
                               COURT OF COMMON PLEAS
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                                         I_N_D_E_X
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                  WITNESSES:
                  _________ 
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                                      DIRECT  CROSS  REDIRECT  RECROSS
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                  ELAINE THALLNER               6       69
         8                                              77

         9        EVAN DILLON           81     89       72       181
                                        91    124
        10                                    150

        11        ANNE WARDEN          183

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         2                         MORNING_SESSION
                                   _______ _______

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         5                     (AT 9:40 A.M. THE FOLLOWING TOOK

         6               PLACE IN OPEN COURT IN THE PRESENCE OF THE

         7               JURY:)

         8                           THE COURT:  GOOD MORNING.  I

         9               WILL ASK ALL OF US TO TRY TO BE ON TIME

        10               BECAUSE IF WE ARE ON TIME, WE CAN MOVE IT

        11               MUCH QUICKER.  WE CAN MOVE THE CASE MUCH

        12               QUICKER AND IT'S EASIEST FOR ALL OF US IN

        13               THE LONG RUN IF WE DO THAT.

        14                     NOW, MR. LYNAM, YOU MAY PROCEED.

        15                           MR. LYNAM:  THANK YOU, YOUR

        16               HONOR.

        17                     PLAINTIFF CALLS DEFENDANT THALLNER AS

        18               ON CROSS-EXAMINATION.

        19                           THE COURT:  LET ME EXPLAIN THIS

        20               TO THE JURY, IF YOU DON'T MIND.  IN A CIVIL

        21               CASE ONE SIDE CALL THE OTHER SIDE AS OF

        22               CROSS-EXAMINATION IN ORDER TO BRING OUT

        23               CERTAIN THINGS THAT THEY WISH TO BE BROUGHT

        24               OUT.  IN A CRIMINAL CASE IT CAN NEVER
 
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         1               HAPPEN.  WHY NOT?  BECAUSE OF OUR FIFTH AND

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