IN THE COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY

                          FIRST JUDICIAL DISTRICT OF PENNSYLVANIA

                                    CIVIL TRIAL DIVISION

                                           - - -

                  PATSY BOOKER JACKMAN       : JANUARY TERM, 1998

                      VS.

                  WILLIAM FASSEL             : NO. 3340

                                           - - -

                                   COURTROOM 253, CITY HALL
                                 PHILADELPHIA, PENNSYLVANIA

                                           - - -

                                      AUGUST 10, 1999

                                           - - -

                  BEFORE:  HONORABLE VICTOR J. DI NUBILE

                                           - - -









                       GEORGE D'ANGELIS, RPR, OFFICIAL COURT REPORTER
                                    LAND TITLE BUILDING
                                 100 S. BROAD STREET, 2ND FLOOR
                             PHILADELPHIA, PENNSYLVANIA, 19110
                                       (215) 683-8056

                                           - - -
 








                  APPEARANCES:



                               LAW FIRM:  STANLEY M. SCHWARZ, P.C.
                               BY: DANIEL A. SCHWARZ, ESQUIRE
                               COUNSEL FOR THE PLAINTIFF




                               LAW FIRM: WRIGHT, YOUNG AND MCGILVERY
                               BY:  DAVID R. FRIEDMAN, ESQUIRE
                               COUNSEL FOR THE DEFENDANT
 









                                           INDEX
                                           _____



                  WITNESSES:
                  _________ 



                                   DIRECT  CROSS   REDIRECT   RECROSS





                  LAWRENCE THIBAULT  76     88        114



                                     89     105
 
                                                                             4




         1

         2                           MORNING_SESSION
                                     _______ _______

         3

         4

         5                     (THE FOLLOWING TOOK PLACE IN OPEN COURT,

         6               IN THE PRESENCE OF THE JURY:)

         7                           THE COURT:  MR. FRIEDMAN, DO YOU

         8               WANT TO INTRODUCE MR. FASSEL?  YOU CAN

         9               INTRODUCE HIM.

        10                           MR. FRIEDMAN:  LADIES AND

        11               GENTLEMEN, THIS IS WILLIAM FASSEL.  HE WILL

        12               MOST LIKELY BE HERE THROUGHOUT THE TRIAL.

        13               DOES ANYBODY RECOGNIZE THIS MAN?

        14                           THE JURY:  NO.

        15                           THE COURT:  NOW, MR. SCHWARZ, A

        16               JUDGE SHOULD NEVER ANTICIPATE WHAT IS GOING TO

        17               HAPPEN NEXT.  IN FACT, I THINK I KNOW YOUR

        18               NEXT WITNESS.  IT'S VIA VIDEOTAPE; AM I

        19               CORRECT?

        20                           MR. SCHWARZ:  THAT'S CORRECT.

        21                           THE COURT:  IT'S DR. LERMAN?

        22                           MR. SCHWARZ:  DR. LERMAN.

        23                           THE COURT:   AS I SAID, LADIES AND

        24               GENTLEMEN, WE PERMIT VIDEOTAPE OF WITNESSES,
 
                                                                             5




         1               USUALLY DOCTORS, BECAUSE THEY CAN'T MAKE IT

         2               DURING THE REGULAR COURT HOURS.

         3                           MR. FRIEDMAN:  DID YOU MARK UP

         4               YOUR COPY OF THE TRANSCRIPT?

         5                           THE COURT:  NO.

         6                           MR. FRIEDMAN:  I HAD MINE MARKED.

         7               COULD I HAVE THE ORIGINAL BACK?

         8                           THE COURT:  I CAN READ IT FASTER

         9               THAN YOU CAN SEE IT.  I WILL PROBABLY BE AHEAD

        10               OF YOU.  I MADE SOME RULINGS.  THEY WANT TO

        11               MAKE SURE THE VIDEO OPERATOR KNOWS WHICH ITEM

        12               TO DELETE.  ARE YOU SET?

        13                           VIDEO OPERATOR:  OKAY.

        14                           THE COURT:  HOW LONG IS THIS

        15               VIDEO?

        16                           VIDEO OPERATOR:  79 MINUTES.

        17                     (WHEREUPON, THE VIDEOTAPED TESTIMONY OF

        18               ROY LERMAN, M.D. WAS VIEWED BY THE JURY.)

        19                     (WHEREUPON, THE VIDEOTAPED DEPOSITION OF