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, M.D. AND       :  NO. 2778
                  KETAN KIRALAL PATEL, M.D.
                  AND WILLS EYE HOSPITAL

                                           - - -

                                  COURTROOM 253, CITY HALL
                                 PHILADELPHIA, PENNSYLVANIA

                                           - - -

                                      JANUARY 9, 2001

                                         VOLUME II

                                           - - -

                           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, P.C.
                               BY:  WILLIAM F. SUTTON, ESQUIRE
                               COUNSEL FOR THE DEFENDANTS
 







                                           INDEX
                                           _____



                  WITNESSES:
                  _________ 

                                 DIRECT     CROSS     REDIRECT     RECROSS

                  ERIC W. FINE     18          26       115          124
                                   28          71

                  HERBERT FINGLES 126          158     171

                                          EXHIBITS
                                          ________


                  NAME             JOB_DESCRIPTION             PAGE
                  ____             ___ ___________             ____

                  P-10             C.V. OF DR. FINE             19

                  P-11             REPORT                       31

                  P-12             REPORT                       31

                  P-13             MED. RECORDS OF DR. SOLOMON  40

                  P-15             LETTER                      144
 
                                                                             4




         1

         2                         MORNING_SESSION
                                   _______ _______

         3

         4

         5                     (THE FOLLOWING TRANSPIRED IN OPEN

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

         7                           THE COURT:  GOOD MORNING,

         8               EVERYONE.  THERE ARE SOME ISSUES?

         9                           MR. FOERSTNER:  YES, YOUR

        10               HONOR.  YESTERDAY, YOUR HONOR -- THERE ARE

        11               TWO ISSUES I'D LIKE TO BRING TO THE COURT'S

        12               ATTENTION.  YESTERDAY AT THE END OF MY DAY

        13               I RESTED WITH WHAT I BELIEVE AT THAT MOMENT

        14               WAS THE END OF MY TESTIMONY WITH DR.

        15               NICHOLS.  HOWEVER, AFTER REVIEWING MY NOTES

        16               I RECOGNIZE THAT I HAD FAILED TO GO OVER A

        17               COUPLE OF ISSUES THAT I WANTED TO ADDRESS

        18               WITH HIM.

        19                           THE COURT:  WHAT ARE THEY?

        20                           MR. FOERSTNER:  THE TWO ISSUES

        21               WERE THAT I DID NOT DISCUSS WITH HIM

        22               SPECIFICALLY THE MEDICAL RECORDS OF THE

        23               PATIENT THAT HAD E.K.C. IN THE E.R.  AND,

        24               SECONDLY, OTHER ISSUE IS, FRANKLY, I DON'T
 
                                                                             5




         1               RECALL WHETHER I SAID THE MAGIC WORD TO HIM

         2               WHETHER OR NOT IT WAS A VIOLATION OF THE

         3               STANDARD OF CARE FOR A PHYSICIAN NOT TO

         4               WASH HIS HANDS AND WHETHER HE HAD AN

         5               OPINION AS TO WHETHER THAT OCCURRED.

         6                           THE COURT: