IN THE COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY

                       FIRST JUDICIAL DISTRICT OF PENNSYLVANIA

                                 CIVIL TRIAL DIVISION

                                        - - -

              KENNETH CARROLL                      : NOV TERM, 1989

                  VS

              HAHNEMANN UNIV HOSPITAL AND        : NO 2458
              RONALD DI SIMONE, MD
                                       - - -

                           ROOM 710, ONE EAST PENN SQUARE
                             PHILADELPHIA, PENNSYLVANIA
                                       - - -

                                   MARCH 9, 1995
                                       - - -

                        TESTIMONY OF BYRON GENNER, III, MD
                                       - - -

              BEFORE:  HONORABLE VICTOR J DI NUBILE, JR

                                       - - -








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









              APPEARANCES:

                           WEINSTEIN, GOSS AND KATZENSTEIN
                           BY:  STEWARD J EISENBERG, ESQUIRE
                           COUNSEL FOR THE PLAINTIFF

                           WRIGHT, YOUNG AND MC GILVERY
                           BY:  DEREK R LAYSER, ESQUIRE
                           COUNSEL FOR THE DEFENDANT
                                       - - -
 








                                      I N D E X
                                      _ _ _ _ _



              WITNESSES               DIRECT  CROSS  REDIRECT  RECROSS
              _________               ______  _____  ________  _______



              BYRON A GENNER,  III     7      12

                                      (QUAL) (QUAL)

                                       20      69      101       102
 

                                                                     4




         1           (WHEREUPON COUNSEL MET WITH THE COURT IN

         2           CHAMBERS)

         3                             - - -

         4                       MR LAYSER:  YOUR HONOR, THIS MORNING

         5           IT'S MY UNDERSTANDING THAT BYRON GENNER, MD WHO

         6           IS AN ORTHOPEDIST IS GOING TO TESTIFY  AS I

         7           UNDERSTAND THIS CASE AND THE WAY IT HAS COME

         8           INSOFAR IS THAT THERE IS NO CRITICISM OF THE

         9           ORTHOPEDIC CARE AND TREATMENT RENDERED BY

        10           DR DI SIMONE, MEANING THERE IS NO CRITICISM THAT

        11           DR DI SIMONE SHOULD NOT HAVE DONE AN OPERATION

        12           OR THAT THE OPERATION THAT HE DID WAS PERFORMED

        13           IMPROPERLY, THE FAILURE TO DIAGNOSE A

        14           POSTOPERATIVE INFECTION THAT WAS DISCUSSED AT

        15           LENGTH YESTERDAY BY PLAINTIFF'S EXPERT, DR

        16           CRANE, WHO IS AN INFECTIOUS DISEASE SPECIALIST

        17                       DR GENNER'S REPORT WHEN I REVIEWED

        18           LAST NIGHT ONLY DISCUSSED THE SAME THING; FAILURE

        19           TO PROPERLY DIAGNOSE A WOUND INFECTION OR DEEP

        20           WOUND INFECTION AND FAILURE TO PROPERLY TREAT IT,

        21           WHICH IS THE EXACT SAME THING THAT WE SPENT SIX

        22           HOURS ON YESTERDAY

        23                       IT IS MY POSITION THAT THERE WAS

        24           TESTIMONY THAT DR DI SIMONE HAS BREACHED THE
 

                                                                     5




         1           STANDARD OF CARE AND THAT WAS A SUBSTANTIAL

         2           FACTOR FOR THOSE REASONS; FAILURE TO DIAGNOSE AND

         3           FAILURE TO PROPERLY TREAT  WHAT DR GENNER IS

         4           GOING TO TESTIFY ABOUT IS EXACTLY THE SAME THING

         5                       MR EISENBERG:  DR GENNER IS AN

         6           ORTHOPEDIC SURGEON  DR DI SIMONE IS AN

         7           ORTHOPEDIC SURGEON  IT IS ABSOLUTELY NECESSARY

         8           TO HAVE AN ORTHOPEDIC SURGEON TESTIFY TO WHAT AN

         9           ORTHOPEDIC SURGEON SHOULD DO FOLLOWING AN

        10           OPERATION

        11                       THE COURT:  I AGREE WITH YOU,

        12           HOWEVER, I AM NOT GOING TO HAVE YOU GOING THROUGH

        13           THE RECORDS AND HAVE YOU REPEAT WHAT DR CRANE

        14           HAS TESTIFIED TO  YOU ARE GOING TO HAVE TO GEAR

        15           INTO IT WITH DR GENNER IN AS MUCH A

        16           COMPREHENSIVE FASHION AS POSSIBLE BUT IN A MOST