IN THE COURT OF COMMON PLEAS

                          FIRST JUDICIAL DISTRICT OF PENNSYLVANIA

                                    CIVIL TRIAL DIVISION

                                          -  -  -

                  JAMES E MELZI, A/K/A       : JUNE TERM, 1998
                  JAMES MELZI                 :
                                              :
                        VS                   :
                                              :
                  LESTER KARAFIN, MD, ET AL: NO 3955
                         AND                  :
                  SCOTT B JENNINGS, MD, ET AL
                         AND                  :
                  ALLEGHENY UNIVERSITY        :
                  HOSPITALS, ET AL           :


                                          -  -  -

                                     SEPTEMBER 19, 2000

                                          -  -  -

                                  COURTROOM 253, CITY HALL
                                 PHILADELPHIA, PENNSYLVANIA

                                          -  -  -

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






                               GEORGE D'ANGELIS, RPR
                               OFFICIAL COURT REPORTER
 








                  APPEARANCES:


                               BY:  ANDREW J D'AMICO, ESQUIRE
                               ATTORNEYS FOR PLAINTIFF




                               MC CANN AND GESCHKE, PC
                               BY:  SARA PETROSKY, ESQUIRE,
                               ATTORNEY FOR DEFENDANTS
 








                                         I_N_D_E_X
                                         _ _ _ _ _


                  WITNESSES:       DIRECT    CROSS    REDIRECT     RECROSS
                  DR JENNINGS       40       6         43

                  DR FISCH        48,68      60
                                              121       150         158
                  DR KARAFIN                 167       184         187
 
                                                                             4




         1

         2                         MORNING_SESSION
                                   _______ _______

         3

         4

         5                     (THE FOLLOWING TOOK PLACE IN OPEN

         6               COURT, IN THE PRESENCE OF THE JURY:)

         7                           THE JURY:  GOOD MORNING, YOUR

         8               HONOR

         9                           MR D'AMICO:  IF THE COURT

        10               PLEASE, MAY IT PLEASE THE COURT, THIS

        11               MORNING, WE ARE GOING TO CALL DR JENNINGS

        12               AS IF ON CROSS-EXAMINATION  HE'S THE

        13               DEFENDANT IN THIS CASE  I WOULD ASK YOUR

        14               HONOR TO BRIEFLY INSTRUCT THE JURY AS TO

        15               WHAT ON CROSS-EXAMINATION BY THE PLAINTIFF

        16               MEANS, SIR

        17                           THE COURT:  I WILL DO SO  IN A

        18               CIVIL CASE EITHER SIDE CAN CALL THE OTHER

        19               SIDE AS OF CROSS-EXAMINATION TO BRING OUT

        20               CERTAIN POINTS THEY WISH TO BRING OUT  IT

        21               HAPPENS ALMOST 50 PERCENT OF THE TIME IN

        22               CASES I HAVE

        23                     NOW, IT CAN NEVER EVER HAPPEN IN A

        24               CRIMINAL CASE  WHY?  BECAUSE A DEFENDANT
 
                                                                             5




         1               OR AN ACCUSED HAS AN ABSOLUTE RIGHT NOT TO

         2               INCRIMINATE HIMSELF OR HERSELF  SO IN A

         3               CRIMINAL CASE THE PROSECUTION CAN NEVER

         4               EVER CALL THE DEFENDANT AS OF

         5               CROSS-EXAMINATION  YOU MIGHT SAY TO ME,

         6               WELL, WE'VE HEARD OF TRIALS WHERE THE

         7               PROSECUTOR CROSS-EXAMINES A DEFENDANT

         8               YES, THAT'S WHERE THE DEFENDANT TAKES THE

         9               WITNESS STAND IN HIS OR HER OWN BEHALF OR

        10               IN HIS OR HER OWN DEFENSE  BUT IT CAN

        11               NEVER HAPPEN IN A CRIMINAL CASE, BUT IT

        12               ALWAYS HAPPENS IN A CIVIL CASE  NOW, THAT

        13               DOESN'T MEAN THAT DOCTOR -- IS IT DR

        14               JENNINGS YOU SAID YOU WERE GOING TO CALL?

        15                           MR D'AMICO:  YES

        16                           THE COURT:  NOW HE CAN TAKE THE

        17               WITNESS STAND IN HIS OWN CASE AS WELL