IN THE COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY

                          FIRST JUDICIAL DISTRICT OF PENNSYLVANIA

                                    CIVIL TRIAL DIVISION

                                           - - -

                  FRANCIS REYNOLDS           :  OCTOBER TERM, 1994

                        VS.

                  RICHARD A. BALDERSTON, M.D.:  NO. 2823

                                           - - -

                         COURTROOM "G," COMPLEX LITIGATION COMPLEX
                                     WANAMAKER BUILDING
                                 PHILADELPHIA, PENNSYLVANIA

                                           - - -

                                       APRIL 24, 1997



                                           - - -

                  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:  OMINSKY, WELSH, TANNER
                               BY:  JOSEPH L. MESSA, ESQUIRE
                                    MARK L. TANNER, ESQUIRE
                               COUNSEL FOR THE PLAINTIFFS



                               LAW FIRM:  O'BRIEN AND RYAN
                               BY:  DANIEL F. RYAN, III, ESQUIRE
                                    CHRISTINE EGAN, ESQUIRE
                               COUNSEL FOR DR. BALDERSTON


























                       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



                  ROBERT G. PEYSTER   8, 45   28, 126     152       161







                  EXHIBIT       DESCRIPTION             PAGE
                  _______       ___________             ____



                  D-1           DEPOSITION                38



                  P-7           CURRICULUM VITAE           9

                  P-8           DOCUMENT                  50

                  P-9           DOCUMENT                  50

                  P-10          DOCUMENT                  50

                  P-11          RADIOLOGY REPORT          90

                  P-12          REPORT                   100

                  P-13          OFFICE NOTES             104

                  P-14          REPORT                   110

                  P-15          OPERATIVE NOTE           113
 
                                                                             4




         1

         2                         MORNING_SESSION
                                   _______ _______

         3

         4

         5                     (WHEREUPON, THE FOLLOWING TRANSPIRED

         6               IN OPEN COURT, OUT OF THE PRESENCE OF THE

         7               JURY:)

         8                           MR. RYAN:  MR. MESSA HAS

         9               ADVISED ME THAT HE HAS A LOG PREPARED BY

        10               PLAINTIFFS.  I WOULD LIKE THAT TO BE HANDED

        11               UP TO THE COURT.

        12                           THE COURT:  IF I MAY SEE THE

        13               LOG.

        14                           MR. TANNER:  I WOULD ALSO AT

        15               THIS TIME RENEW OUR OBJECTION ON

        16               ATTORNEY/CLIENT PRIVILEGE.

        17                           THE COURT:  LET ME SEE IT.  THE

        18               CRITERIA IS IF IT'S MERELY A STATEMENT OR

        19               NOTES HE MADE CONCERNING WHAT HIS PAIN WAS,

        20               ET CETERA, ON A PARTICULAR DATE, THAT'S ONE

        21               THING.  BUT IF IT DEALS WITH QUESTIONS HE

        22               IS ASKING YOU OR ISSUES THAT MIGHT COME UP

        23               OR ISSUES THAT YOU ARE DISCUSSING WITH HIM,

        24               WHEN I SAY HIM I MEAN MR. REYNOLDS, THEN I
 
                                                                             5




         1               AGREE IT'S ATTORNEY/CLIENT.

         2                           MR. TANNER:  JUDGE, I THINK YOU

         3               WILL FIND IT'S PART OF BOTH AND THEY ARE

         4