1




         1

         2                      IN THE COURT OF COMMON PLEAS

         3                FIRST JUDICIAL DISTRICT OF PENNSYLVANIA

         4                          CIVIL TRIAL DIVISION

         5                                -  -  -

         6        ALICIA DE SIMONE, A MINOR, BY : DEC. TERM, '98
                  THE PARENTS AND NATURAL GUARDIANS, JOHN AND
         7        DONNA DE SIMONE
                           VS.
         8
                  NORMAN I. QUINN, JR., M.D.    :  NO. 2977
         9               AND
                  MARY ANNE GAZDICK, M.D.,
        10        GREGG A. SONSINI, M.D. AND
                  PEDIATRICS ASSOCIATES OF PLYMOUTH, INC.
        11
                                          -  -  -
        12
                                       APRIL 12, 2001
        13
                                          -  -  -
        14
                                  COURTROOM 253, CITY HALL
        15                       PHILADELPHIA, PENNSYLVANIA

        16                                -  -  -

        17        BEFORE:  HONORABLE VICTOR J. DI NUBILE, J.
                                         AND A JURY
        18

        19

        20

        21

        22

        23
                               GEORGE D'ANGELIS, R.P.R.
        24                     OFFICIAL COURT REPORTER
 
                                                                             2




         1

         2        APPEARANCES:

         3
                               BY:  BARTON A. HAINES, ESQUIRE
         4                     COUNSEL FOR THE PLAINTIFFS

         5
                               POST AND SCHELL, P.C.
         6                     BY:  ANDRE WASHINGTON, ESQUIRE,
                               COUNSEL FOR THE DEFENDANTS
         7

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        24
 
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         1

         2                              INDEX
                                        _____

         3
                  WITNESSES:
                  _________ 
         4                          DIRECT   CROSS   REDIRECT  RECROSS

         5          TERRI PATTERSON   10      23
                                      24      52
         6

         7

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        24
 
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         1

         2                         MORNING_SESSION
                                   _______ _______

         3

         4

         5                     (WHEREUPON, THE FOLLOWING TOOK PLACE

         6               IN OPEN COURT, OUT OF THE PRESENCE OF THE

         7               JURY:)

         8                           THE COURT:  I UNDERSTAND YOU

         9               WANT TO SEE ME.  I WANT TO SEE YOU.  I MADE

        10               RULINGS ON DR. CONOMY'S VIDEOTAPE

        11               DEPOSITION.  I WILL PROCEED WITH THOSE.

        12               THE FIRST OBJECTION WAS PAGE 19.  I AM

        13               GOING TO OVERRULE YOUR OBJECTION, MR.

        14               WASHINGTON.  OBVIOUSLY, YOU ALL HAVE

        15               EXCEPTIONS.

        16                     PAGE 35 TO 36.  I THINK YOU HAD TO

        17               READ PAGE 35 TO GET TO IT.  OVERRULED.

        18                     PAGE 44, OVERRULED.

        19                     THEN PAGE ON PAGE 45

        20               TO 46, OVERRULED.  ONE ON 45 AND ONE ON 46.

        21                     49.  NOW, THIS A LITTLE -- THERE ARE

        22               TWO OBJECTIONS.  I THINK THE OBJECTION OF

        23               MR. WASHINGTON ON THE TOP OF PAGE, I DON'T

        24               THINK IT WAS EVER ANSWERED.  NO, THE ONE ON
 
                                                                             5




         1               49.  I AM SORRY.  THE TOP OF 49 I OVERRULE.

         2               BUT THEN THE NEXT OBJECTION ON THE BOTTOM

         3               OF 49.  THE QUESTION THAT YOU POSED, MR.

         4               HAINES, TO THE DOCTOR:  "IN A COMMUNITY

         5               HOSPITAL SUCH AS SACRED HEART IN

         6               MORRISTOWN, IS THAT WITHIN THE STANDARD OF

         7               CARE FOR THEM TO BE ABLE TO INST