IN THE COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY

                          FIRST JUDICIAL DISTRICT OF PENNSYLVANIA

                                    CIVIL TRIAL DIVISION

                                           - - -

                  ROBERT SCHULTHEIS          :  FEBRUARY TERM, 1993

                       VS                   :

                  PAUL L GORSHUCH, MD     :  NO 1851

                       AND                   :

                  SANFORD DAVNE, MD        :

                                           - - -

                                  COMPLEX LITIGATION CENTER
                                     WANAMAKER BUILDING
                                 PHILADELPHIA, PENNSYLVANIA

                                           - - -

                                      OCTOBER 20, 1997

                                           - - -

                  BEFORE:  HONORABLE VICTOR J DI NUBILE, JR
                                         AND A JURY

                                           - - -

                               DR SANFORD DAVNE'S TESTIMONY

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







                  APPEARANCES:



                               OMINSKY, MESSA & TARVER, PC
                               BY:  JOSEPH MESSA, ESQUIRE
                               COUNSEL FOR PLAINTIFF




                               WRIGHT, YOUNG & MC GILVERY
                               KEVIN H WRIGHT, ESQUIRE
                               COUNSEL FOR DEFENDANT DAVNE



                               MINTZER, ZABICKI, POWELL & MINTZER, PC
                               KENNETH D POWELL, ESQUIRE
                               COUNSEL FOR DEFENDANT GORSUCH
 









                                          I N D E X
                                          _ _ _ _ _



                  WITNESSES               DIRECT  CROSS  REDIRECT  RECROSS
                  _________               ______  _____  ________  _______



                  SANFORD DAVNE, MD      4       19



                                      E X H I B I T S
                                      _ _ _ _ _ _ _ _



                  MARKED_AS     DESCRIPTION                        PAGE
                  ______ __     ___________                        ____

                  -*            -*                                  -*
 
                                                                             4




         1                           MR WRIGHT:  DR DAVNE

         2                           THE COURT:  DR DAVNE IS ALREADY

         3               UNDER OATH

         4                           COURT CRIER:  JUST STATE YOUR NAME

         5                           THE WITNESS:  SANFORD DAVNE

         6               D-A-V-N-E

         7                           COURT CRIER:  MAY I REMIND YOU, SIR,

         8               THAT YOU ARE STILL UNDER OATH

         9                           THE WITNESS: THANK YOU

        10        BY MR WRIGHT:

        11        Q     DR DAVNE, WHEN WE TOOK OUR BREAK YESTERDAY WE

        12        WERE TALKING ABOUT WHETHER OR NOT THE SCREW THAT YOU

        13        PLACED IN THE PATIENT IN THIS CASE WAS PLACED

        14        APPROPRIATELY

        15               DO YOU RECALL THAT TESTIMONY, SIR, OR LEADING UP

        16        TO THAT TESTIMONY?

        17        A     YES

        18        Q     DOCTOR, YOU WERE HERE WHEN DR KIM TOOK THIS

        19        MODEL OF MR MESSA'S AND DREW ON IT HIS IMPRESSION OF

        20        WHERE THE SCREW WAS PLACED IN THE RIGHT SACRUM, WERE YOU

        21        NOT?

        22        A     YES

        23        Q     DID HE PROPERLY INDICATE ON HERE WHERE THAT SCREW

        24        WAS PLACED?
 
                                                                             5




         1        A     ABSOLUTELY NOT

         2        Q     WHY DO YOU SAY THAT?

         3        A     I HAVE TO SHOW IT ON THE MODEL AND THEN COMBINE

         4        IT WITH THE X-RAY

         5                           MR WRIGHT: MAY HE STEP DOWN?

         6                           THE COURT:  I THOUGHT THAT HE HAD

         7               DISCUSSED THIS BEFORE IN HIS DIRECT EXAMINATION

         8               THE LAST TIME HE WAS ON THE STAND

         9                           MR WRIGHT:  I THOUGHT I SAID WE ARE

        10               NOW GOING TO MOVE TO SCREW PLACEMENT  WOULD THIS

        11               BE AN APPROPRIATE T