IN THE COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY

                          FIRST JUDICIAL DISTRICT OF PENNSYLVANIA

                                    CIVIL TRIAL DIVISION

                                           - - -

                  RONALD B. PITKOW           : MARCH TERM, 1998
                                             :
                      VS.                    :
                                             :
                  SOLID WASTE SERVICES, INC. :
                  T/A J.P. MASCARO & SONS    :
                       &                     :
                  DALE HEFFNER               : NO. 4752


                                           - - -

                                    ROOM 253, CITY HALL
                                 PHILADELPHIA, PENNSYLVANIA

                                           - - -

                                      NOVEMBER 4, 1999

                                           - - -

                  BEFORE:  HONORABLE VICTOR J. DI NUBILE
                                         AND A JURY

                                           - - -




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


                                           - - -
 









                  APPEARANCES:



                               STUART LEON, P.C.
                               BY:  STUART LEON, ESQUIRE
                               FOR THE PLAINTIFF



                               PENNELL, JENKINS, ROBINSON, WOLF &
                               RUBINATE
                               BY:  ANGELA B. TAYLOR, ESQUIRE
                               FOR THE DEFENDANT
 







                                         I_N_D_E_X
                                         _ _ _ _ _

                  WITNESSES:
                  _________ 

                               DIRECT  CROSS  REDIRECT  RECROSS

                  JOHN SLAVEK    26      30      61       62
                                 31      45


                                      E_X_H_I_B_I_T_S
                                      _ _ _ _ _ _ _ _


                  EXHIBIT     DESCRIPTION      PAGE
                  _______                          

                  D-3         REPORT            33
                  D-4         DOCUMENT          34
                  D-5         PHOTO             64
                  P-15        DOCUMENT          51
 
                                                                             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                           THE COURT:  NOW, YOU ARE GOING

         9               TO SHOW A VIDEOTAPE, CORRECT?

        10                           MISS TAYLOR:  YES.

        11                           THE COURT:  THIS IS OF WHOM?

        12                           MISS TAYLOR:  DR. PETER L.

        13               BADGIO.

        14                           THE COURT:  THERE ARE SOME

        15               OBJECTIONS?

        16                           MISS TAYLOR:  THERE MAY BE SOME.

        17                           MR. LEON:  YOUR HONOR, I DIDN'T

        18               CLOSE YET.

        19                           THE COURT:  I'M GOING TO LET YOU

        20               CLOSE BEFORE THE JURY.  WE ARE JUMPING AHEAD

        21               A LITTLE BIT HERE.  I WILL CERTAINLY LET YOU

        22               FORMALLY CLOSE.

        23                           MR. LEON:  I DIDN'T MEAN THAT.

        24               WHEN WE HAD STARTED THIS CASE AND YOU HAD
 
                                                                             5




         1               INSTRUCTED THE JURY, I THOUGHT THIS WAS A

         2               DAMAGE TRIAL.

         3                           THE COURT:  YES.

         4                           MR. LEON:  IS THAT TRUE?

         5                           THE COURT:  I HAVE TWO

         6               INTERROGATORIES.  FIRST, WAS THE ACCIDENT IN

         7               QUESTION A SUBSTANTIAL FACTOR IN BRINGING

         8               ABOUT HARM TO THE PLAINTIFF.  IF YOUR ANSWER

         9               TO THIS QUESTION IS NO, YOU END YOUR

        10               INQUIRY.  IF IT'S YES, GO TO THE NEXT