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 10, 2001
                                        P.M. SESSION
                                           - - -

                     BEFORE:  HONORABLE VICTOR J. DI NUBILE
                                            AND A JURY
                                           - - -

                            TESTIMONY OF ROBERT TOBOROWSKY,M.D.




                       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
                     ROBERT TOBOROWSKY, M.D.
                                         17       23
                                         27       46
 
                                                                             4




         1

         2                           AFTERNOON_SESSION
                                     _________ _______

         3

         4

         5                        (THE FOLLOWING TRANSPIRED IN OPEN

         6                  COURT, OUT OF THE PRESENCE OF THE JURY:)

         7                              THE COURT:  NOW, COUNSEL, WE

         8                  ARE GETTING AHEAD OF THE GAME, BUT TO SAVE

         9                  TIME I THINK AT THIS POINT WITH ALL OF THE

        10                  TESTIMONY I AM CONFIDENT ENOUGH TO GIVE A

        11                  PRE-CHARGE CONFERENCE.  IT SEEMS TO ME AT

        12                  THIS POINT THAT THERE IS ENOUGH EVIDENCE TO

        13                  GET TO THE JURY AS TO THE NEGLIGENCE OF

        14                  PORTEC BASED ON MR. HELMSTADT'S TESTIMONY

        15                  THAT HE SAID THAT PORTEC WOULD BE NEGLIGENT

        16                  IN FAILING TO RECOMMEND SKIRTS ON THE

        17                  CONVEYOR IF THEY KNEW WHAT IT WAS BEING

        18                  USED FOR.  SO THAT NARROW ISSUE OF

        19                  NEGLIGENCE, ALLEGED NEGLIGENCE AS TO

        20                  PORTEC.  I SEE NO EVIDENCE AS TO THE

        21                  NEGLIGENCE OF LABOR READY.

        22                              MR. LIERO:  I AGREE WITH THAT.

        23                              THE COURT:  SO I WILL NOT

        24                  SUBMIT LABOR READY TO THE JURY.  MR.
 
                                                                             5




         1                  HELMSTADT ALSO SAID THAT PORTEC WAS

         2                  NEGLIGENT IN WHERE THEY PLACED THE

         3                  CONTROLS, BUT THERE WAS NO EVIDENCE THAT

         4                  THAT WAS THE CAUSE OF THE INJURY OR THE

         5                  ACCIDENT.  SO IT'S ONLY GOI