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, DO    : NO 532


                                           - - -

                                  COURTROOM 253, CITY HALL
                                 PHILADELPHIA, PENNSYLVANIA

                                           - - -

                                     DECEMBER 16, 1999
                                           - - -

                  BEFORE:  HONORABLE VICTOR J DI NUBILE
                                         AND A JURY

                                           - - -






                       GEORGE D'ANGELIS, RPR, 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, PC
                               BY:  BERNARD W SMALLEY, ESQUIRE
                                    MICHELE REED, ESQUIRE
                               FOR THE PLAINTIFF



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




















                     GEORGE D'ANGELIS, RPR, 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, MD  22      43       75        77



                  DAVID BRODY, MD    78      84       85        97







                                          EXHIBITS
                                          ________



                  D-8  CV 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