IN THE COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY

                          FIRST JUDICIAL DISTRICT OF PENNSYLVANIA

                                    CIVIL TRIAL DIVISION

                                           - - -

                  FRANCES GIANNONE                :  JUNE TERM, 1998

                      VS

                  CHRISTINE CHUNG, MD AND       :  NO 2778
                  KETAN KIRALAL PATEL, MD
                  AND WILLS EYE HOSPITAL

                                           - - -

                                  COURTROOM 253, CITY HALL
                                 PHILADELPHIA, PENNSYLVANIA

                                           - - -

                                      JANUARY 8, 2001

                                           - - -

                           BEFORE:  HONORABLE VICTOR J DI NUBILE

                                           - - -








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

                                           - - -
 







                  APPEARANCES:




                               LAW FIRM:  BEASLEY, CASEY AND ERBSTEIN
                               BY: JAMES E FOERSTNER, ESQUIRE
                               COUNSEL FOR THE PLAINTIFF




                               LAW FIRM: POST AND SCHELL, PC
                               BY:  WILLIAM F SUTTON, ESQUIRE
                               COUNSEL FOR THE DEFENDANTS
 






                                           INDEX
                                           _____


                  WITNESSES:
                  _________ 
                                                DIRECT    CROSS

                  CHARLES NICHOLS, MD          53        63
                                                 67




                                          EXHIBITS
                                          ________


                  NAME             DESCRIPTION              PAGE
                  ____             ___________              ____

                  P-3              CURRICULUM VITAE           54

                  P-4              REPORT                     75

                  P-5              PAGE OF WILLS EYE RECORD   94

                  P-6              WILLS EYE HOSP RECORD     94

                  P-6A             DOCUMENT                  112

                  P-7              ER CHART                128
 
                                                                             4




         1

         2                         MORNING_SESSION
                                   _______ _______

         3

         4

         5                     (THE FOLLOWING TRANSPIRED IN OPEN

         6               COURT IN THE PRESENCE OF THE JURY PANEL:)

         7                           THE COURT:  WE ARE GOING TO

         8               SWEAR YOU IN IS THE ACTUAL PETIT JURORS IN

         9               THIS CASE  IF THIS WERE A CRIMINAL CASE

        10               THE SWEARING IN OF THE JURY IS MOST

        11               SIGNIFICANT BECAUSE IF THE JUDGE FOR SOME

        12               IRRATIONAL REASON WOULD GRANT A MISTRIAL,

        13               THE DEFENDANT COULD NOT BE TRIED AGAIN

        14               UNDER HIS OR HER 5TH AND 14TH AMENDMENT

        15               RIGHTS INVOLVING DOUBLE JEOPARDY  WE HAVE

        16               SIMILAR PROVISIONS IN OUR STATE

        17               CONSTITUTION  HOWEVER, IN A CIVIL CASE

        18               IT'SS MERELY THE COMMENCEMENT OF THIS

        19               TRIAL

        20                     (THE JURY WAS DULY SWORN)

        21                           THE COURT:  YOU HEARD A LOT

        22               FROM ME SO FAR  YOU ARE GOING TO BE

        23               HEARING LESS FROM ME RIGHT AFTER MY OPENING

        24               REMARKS TO YOU  YOU ARE THE FACT FINDERS
 
                                                                             5




         1               I CAN'T EMPHASIZE THAT FACT TOO STRONGLY

         2               UPON YOU  YOU ARE GOING TO HAVE CERTAIN

         3               QUESTIONS TO ANSWER WHEN YOU GO OUT TO

         4               DELIBERATE DEALING WITH THE LIABILITY OF

         5               THE DEFENDANT  IT MAY BE JUST ONE BASIC

         6               QUESTION WHICH WOULD ENCOMPASS THE TWO

         7               PHYSICIANS, DR CHUNG AND DR PATEL, AS