1




         1
                                IN THE COURT OF COMMON PLEAS
         2
                          FIRST JUDICIAL DISTRICT OF PENNSYLVANIA
         3
                                    CIVIL TRIAL DIVISION
         4
                                         -   -   -
         5
                  THOMAS C DAY AND JOANNE DAY      : JULY TERM, 1998
         6                                          :
                         VS                        :
         7                                          :
                  GERALD SCHARF, DO,              :
         8        HAHNEMANN NORTHEAST MEDICAL       :
                  CENTER, PHILADELPHIA              :
         9        CARDIOLOGY ASSOCIATES,            :
                  THE MEDICAL COLLEGE OF            :
        10        PENNSYLVANIA AND HAHNEMANN        :
                  UNIVERSITY, ALLEGHENY UNIVERSITY  :
        11        OF THE HEALTH SCIENCES,           :
                  ALLEGHENY HEALTH, EDUCATION       :
        12        AND RESEARCH FOUNDATION,          :
                  ALLEGHENY UNIVERSITY HOSPITALS    :
        13        AND HAHNEMANN UNIVERSITY HOSPITAL : 1643

        14                               -   -   -

        15                            DECEMBER 5, 2001
                                  COURTROOM 253, CITY HALL
        16                       PHILADELPHIA, PENNSYLVANIA
                            TESTIMONY OF WILFREDO TALAVERA, MD
        17                               -   -   -

        18        BEFORE:  HONORABLE VICTOR J DI NUBILE, J
                                         AND A JURY
        19

        20

        21

        22

        23

        24
 
                                                                             2




         1

         2

         3        APPEARANCES:

         4

         5                     SALTZ, MONGELUZZI, BARRETT &
                               BENDESKY, PC
         6                     BY:  MICHAEL F BARRETT, ESQUIRE
                               FOR THE PLAINTIFFS
         7

         8
                               MC KISSOCK & HOFFMAN, PC
         9                     BY:  JOHN A FILORETO, ESQUIRE
                               FOR THE DEFENDANTS
        10

        11

        12

        13

        14

        15

        16

        17

        18

        19

        20
                               GEORGE D'ANGELIS, ESQUIRE
        21                     OFFICIAL COURT REPORTER
                               COURT OF COMMON PLEAS
        22

        23

        24
 
                                                                             3




         1

         2
                                         I_N_D_E_X
                                         _ _ _ _ _
         3

         4

         5        WITNESSES:
                  _________ 

         6                            DIRECT     CROSS

         7         WILFREDO TALAVERA    9          22
                                       39
         8

         9

        10

        11

        12

        13

        14

        15

        16

        17

        18

        19

        20

        21

        22

        23

        24
 
                                                                             4




         1

         2                         MORNING_SESSION
                                   _______ _______

         3

         4                     (THE FOLLOWING TOOK PLACE IN OPEN

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

         6                           MR FILORETO:  I HAVE ONE ISSUE

         7               TO BRING TO THE COURT'S ATTENTION  THIS IS

         8               A MOTION TO AMEND THE DEFENDANTS IN

         9               ANSWERING PLAINTIFF'S COMPLAINT  IN

        10               ANSWERING THE COMPLAINT ORIGINALLY, WE WERE

        11               ADVISED BY THE THEN EXISTING ADMINISTRATORS

        12               OF THE BANKRUPT ALLEGHENY ESTATE THAT DR

        13               SCHARF WAS AN EMPLOYEE OF ALLEGHENY

        14               UNIVERSITY HOSPITAL EAST DOING BUSINESS AS

        15               ALLEGHENY UNIVERSITY HOSPITAL-HAHNEMANN

        16               WE HAVE SINCE LEARNED THAT DR SCHARF WAS

        17               ACTUALLY AN EMPLOYEE OF ALLEGHENY

        18               UNIVERSITY HEALTH SCIENCES  ALLEGHENY

        19               UNIVERSITY HEALTH SCIENCES WAS AN

        20               ORIGINALLY NAMED DEFENDANT IN THE CASE

        21               AND BY STIPULATION WE STIPULATED THEM OUT

        22               OF THE CASE ESSENTIALLY AND