IN THE COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY

                          FIRST JUDICIAL DISTRICT OF PENNSYLVANIA

                                    CIVIL TRIAL DIVISION

                                           - - -

                  PATRICK FLANAGAN           : SEPTEMBER, 1997

                      VS.

                  BARRY M. MONTAGUE, D.O.    : NO. 532


                                           - - -

                                  COURTROOM 253, CITY HALL
                                 PHILADELPHIA, PENNSYLVANIA

                                           - - -

                                     DECEMBER 16, 1999
                                           - - -

                  BEFORE:  HONORABLE VICTOR J. DI NUBILE
                                         AND A JURY

                                           - - -






                       GEORGE D'ANGELIS, R.P.R., OFFICIAL COURT REPORTER
                                    LAND TITLE BUILDING
                               100 S. BROAD STREET, 2ND FLOOR
                             PHILADELPHIA, PENNSYLVANIA, 19110
                                       (215) 683-8056


                                           - - -
 







                  APPEARANCES:



                               ANAPOL, SCHWARTZ, WEISS, COHEN
                               FELDMAN & SMALLEY, P.C.
                               BY:  BERNARD W. SMALLEY, ESQUIRE
                                    MICHELE REED, ESQUIRE
                               FOR THE PLAINTIFF



                               WRIGHT, YOUNG, & MC GILVERY, P.C.
                               BY:  KEVIN H. WRIGHT, ESQUIRE
                                    DIANE LYNCH, ESQUIRE
                               FOR THE DEFENDANTS




















                     GEORGE D'ANGELIS, R.P.R., OFFICIAL COURT REPORTER
                                    LAND TITLE BUILDING
                               100 S. BROAD STREET, 2ND FLOOR
                             PHILADELPHIA, PENNSYLVANIA, 19110
                                       (215) 683-8056


                                           - - -
 





                                           INDEX
                                           _____



                  WITNESSES
                  _________

                                     DIRECT   CROSS   REDIRECT   RECROSS







                  MARK LI BASSI, M.D.  22      43       75        77



                  DAVID BRODY, M.D.    78      84       85        97







                                          EXHIBITS
                                          ________



                  D-8  C.V. OF DR. BRODY                  80

                  D-9  DR. BRODY'S REPORT                 86

                  D-25 CHART FROM DR. MONTAGUE            86

                  D-34 INDEPENDENCE BLUE CROSS LETTER     152
 
                                                                             4




         1

         2                          MORNING_SESSION
                                    _______ _______

         3

         4

         5                     (THE FOLLOWING TOOK PLACE IN OPEN

         6               COURT, JURY NOT PRESENT:)

         7                           THE COURT:  I HAD SAID 9:15.  I

         8               WANT TO GO OVER CERTAIN THINGS.

         9                           MR. SMALLEY:  WE HAVE A

        10               REPRESENTATIVE FROM FRANKFORD HOSPITAL WAS

        11               HERE AS TO THE INTRODUCTION OF BILLS, FAIR

        12               AND REASONABLENESS OF THE CHARGES.

        13                           THE COURT:  THEN YOU WANT TO

        14               PROCEED WITH THAT?

        15                           MR. WRIGHT:  I HAVE TWO PROBLEMS

        16               WITH THAT.  FIRST OF ALL, DR. LIBASSI IS

        17               SUPPOSED TO BE HERE.  I TOLD HIM I'D GET HIM

        18               IN AND OUT OF HERE AS QUICKLY AS POSSIBLE.

        19                           MR. SMALLEY:  HE IS NOT HERE.

        20               IT'S 9:30.

        21                           THE COURT:  DR. LIBASSI CAN

        22               WAIT.

        23                           MR. WRIGHT:  WE NEED TO SEE YOU

        24               ABOUT THIS NEXT WITNESS.
 
                                                                             5




         1                           THE COURT:  YOU WANT TO SEE ME

         2               AT SIDEBAR?

         3                           MR. WRIGHT:  YES.

         4                     (THE FOLLOWING TOOK PLACE AT SIDEBAR:)

         5                           MR. WRIGHT:  FIRST OF ALL, I