IN THE COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY

                          FIRST JUDICIAL DISTRICT OF PENNSYLVANIA

                                    CIVIL TRIAL DIVISION


                                           - - -

                  LEROY AND CAROL STOUT, H/W     :  OCTOBER TERM, 1998

                      VS.

                  PORTEC, INC., AND LABOR READY, :  NO. 653
                  INC., AND MORRISVILLE SUPPLY
                  CORP.

                                           - - -

                                 COURTROOM 253, CITY HALL
                                 PHILADELPHIA, PENNSYLVANIA

                                           - - -

                                       MAY 3, 2001

                                           - - -

                  BEFORE:  HONORABLE VICTOR J. DI NUBILE
                                         AND A JURY

                                           - - -





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


                                           - - -
 








                  APPEARANCES:


                               BY: FRANK D. BRANELLA, ESQUIRE
                               MARC SYKEN, ESQUIRE
                               COUNSEL FOR THE PLAINTIFFS


                               LAW FIRM: POST AND SCHELL, P.C.
                               BY:  GLENN M. CAMPBELL, ESQUIRE
                               COUNSEL FOR LABOR READY INC.


                               LAW FIRM:  EISEMAN, MYERS & LIERO
                               BY:  STEVEN LIERO, ESQUIRE
                               COUNSEL FOR MORRISVILLE SUPPLY CORP.


                               STRADLEY RONON STEVENS & YOUNG, LLP
                               BY:  JEFFREY A. LUTSKY, ESQUIRE
                               HOUSE COUNSEL FOR PORTEC, INC.


                               CHAMBLISS, BAHNER AND STOPHEL
                               WILLIAM DEARING, ESQUIRE
                               COUNSEL FOR PORTEC, INC.
 






                                           INDEX
                                           _____

                  WITNESSES:

                                      DIRECT   CROSS   REDIRECT  RECROSS

                  GUILLERMO BERNAL       5       20       52
                                                 41
                                                 51


                  CAROL STRAITON        54


                  DAVID MASSARI         62       63
                                        64       75
                                                 95

                  MICHAEL GATER                  112       127

                  ROBERT KELLER                  130
 
                                                                             4




         1

         2                         MORNING_SESSION
                                   _______ _______

         3

         4

         5                     (THE FOLLOWING TRANSPIRED IN OPEN

         6               COURT IN THE PRESENCE OF THE JURY:)

         7                           THE COURT:  NOW, WE HAVE

         8               EXTENSIVE TESTIMONY ON THE MEDICAL.  I

         9               THINK THAT THE OTHER MEDICAL WITNESSES YOU

        10               CAN KEY RIGHT IN ON WHAT YOU WANT.  WE

        11               SPENT ALL DAY WITH DR. MATARESE AND SOME

        12               TIME WITH DR. MICHALS.  SO, WITH THAT IN

        13               MIND...

        14                           MR. BRANELLA:  DR. BERNEL,

        15               PLEASE.

        16                           THE COURT:  DR. BERNEL ALSO WAS

        17               MENTIONED QUITE A FEW TIMES YESTERDAY.  SO

        18               WE KNOW YOU, DOCTOR.

        19                           COURT CRIER:  STATE YOUR FULL

        20               NAME FOR THE RECORD, PLEASE.

        21                           THE WITNESS:  GUILLERMO BERNEL.

        22                     (THE WITNESS, AFTER HAVING BEEN DULY

        23               SWORN, WAS EXAMINED AND TESTIFIED AS

        24               FOLLOWS:)
 
                                                                             5




         1

         2                         -      -      -

         3                        DIRECT EXAMINATION

         4                         -      -      -

         5        BY MR. BRANELLA:

         6        Q.     DOCTOR, PLEASE INTRODUCE YOURS