IN THE COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY

                          FIRST JUDICIAL DISTRICT OF PENNSYLVANIA

                                    CIVIL TRIAL DIVISION

                                           - - -

                  BRANES N. SOUTHARD AND DEBORAH      : OCTOBER TERM, 1994
                  SOUTHARD

                        VS.                           :

                  TEMPLE UNIVERSITY HOSPITAL          :  NO. 1376
                  DAVID H. CLEMENTS, III, M.D.,
                  WILLIAM F. YOUNG, M.D.

                                           - - -

                                 COMPLEX LITIGATION CENTER
                                    WANAMAKER BUILDING
                                 PHILADELPHIA, PENNSYLVANIA

                                           - - -

                                       MARCH 13, 1997

                                         VOLUME IV

                                           - - -

                  BEFORE:  HONORABLE VICTOR J. DI NUBILE, JR.

                                           - - -








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






                  APPEARANCES:



                               LAW FIRM:  SHELLER, LUDWIG & BADEY
                               BY:  JOHN P. KOPESKY, ESQUIRE
                               COUNSEL FOR THE PLAINTIFFS



                               LAW FIRM:  ABRAHAMS, LOEWENSTEIN, BUSHMAN &
                               KAUFFMAN
                               BY:  J. KURT STRAUB, ESQUIRE
                               COUNSEL FOR THE DEFENDANTS





















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









                                          I N D E X
                                          _ _ _ _ _







                  WITNESSES               DIRECT  CROSS  REDIRECT  RECROSS
                  _________               ______  _____  ________  _______



                  DAVID CLEMENTS            13     52      131
 
                                                                             4




         1

         2                         MORNING_SESSION
                                   _______ _______

         3

         4

         5                     (AT 9:30 A.M. THE FOLLOWING TOOK

         6               PLACE IN OPEN COURT, ALL PARTIES PRESENT:)

         7                           THE COURT:  MR. KOPESKY, ARE

         8               YOU GOING TO REST?

         9                           MR. KOPESKY:  SUBJECT TO THE

        10               ADMISSION OF DOCUMENTARY EVIDENCE, YOUR

        11               HONOR.

        12                           THE COURT:  PARDON ME?

        13                           MR. KOPESKY:  SUBJECT TO MOVING

        14               CERTAIN DOCUMENTS.

        15                           THE COURT:  WHICH YOU ARE GOING

        16               TO DO.  NOW, WE KNOW THERE HAS BEEN A

        17               STIPULATION.  THAT IS AN AGREEMENT THAT

        18               BOTH DRS. YOUNG AND CLEMENTS WERE FULL-TIME

        19               PAID EMPLOYEES OF TEMPLE HOSPITAL AND ON

        20               THE STAFF OF TEMPLE HOSPITAL AND TEMPLE

        21               HOSPITAL AUTHORIZED THE OPERATION; IS THAT

        22               CORRECT?

        23                           MR. STRAUB:  YOUR HONOR, NO,

        24               THAT VERY LAST PART IS NOT PART OF THE
 
                                                                             5




         1               STIPULATION AND, FRANKLY, I THINK IS

         2               INCORRECT.  THE HOSPITAL DOES NOT AUTHORIZE

         3               OPERATIONS.

         4                           THE COURT:  SO, THE STIPULATION

         5               IS THAT DRS. YOUNG AND CLEMENTS WERE

         6               FULL-TIME PAID EMPLOYEES OF THE HOSPITAL

         7               DURING THE OPERATIVE TIME OF THE OPERATION

         8               IN QUESTION AND ON THE STAFF?

         9                           MR. STRAUB:  YES, SIR.

        10                           THE COURT:  NOW, THERE ARE

        11               CERTAIN RULES AND REGULATIONS OF GOVERNING

        12               THE STAFF THAT YOU WANT TO SUBMIT?

        13                           MR. KOPESKY:  IT WOULD ONLY BE