IN THE COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY

                          FIRST JUDICIAL DISTRICT OF PENNSYLVANIA

                                    CIVIL TRIAL DIVISION

                                           - - -

                  ZAIRE WEST, A MINOR, BY AND THROUGH :  DEC TERM 1995
                  HIS PARENT AND NATURAL GUARDIAN,
                  ANGELA WEST

                             VS

                  STEPHANIE AND GILLIS JONES, AND     : NO 1278
                  THE PHILADELPHIA HOUSING AUTHORITY

                                           - - -

                          COURTROOM "G," COMPLEX LITIGATION CENTER
                                     WANAMAKER BUILDING
                                 PHILADELPHIA, PENNSYLVANIA

                                           - - -

                                        MAY 8, 1997

                                           - - -

                  BEFORE:  THE HONORABLE VICTOR J DI NUBILE, JR

                                           - - -


                       TESTIMONY OF JUANITA MC COY AND JAMES SHOCKLEY


                                           - - -




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






                  APPEARANCES:




                               LAW FIRM: HERBERT MONHEIT, PC
                               BY:  PETE KOHN, ESQUIRE
                               COUNSEL FOR THE PLAINTIFF


                               LAW FIRM:  KOLBER AND FREIMAN
                               BY:  JANICE KOLBER, ESQUIRE
                                    EDITH A PEARCE, ESQUIRE
                               COUNSEL FOR PHA



                               PEPPER, HAMILTON, AND SCHEETZ
                               BY:  GERALD B SULLIVAN, ESQUIRE
                               COUNSEL FOR STEPHANIE JONES


                               ALSO PRESENT:  GILLIS JONES (PRO SE)


















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









                                          I N D E X
                                          _ _ _ _ _







                  WITNESSES               DIRECT  CROSS  REDIRECT  RECROSS
                  _________               ______  _____  ________  _______







                  JUANITA MC COY                    7       37        41

                                                   30





                  JAMES SHOCKLEY           42      50      118       119

                                           54      89

                                                  115
 
                                                                             4




         1

         2                         MORNING_SESSION
                                   _______ _______

         3

         4

         5                     (THE FOLLOWING TOOK PLACE IN OPEN

         6               COURT, JURY NOT PRESENT:)

         7                           THE COURT:  NOW, DO YOU HAVE A

         8               MOTION AS WELL?

         9                           MS KOLBER:  YES  AS THIS

        10               COURT KNOWS, ABOUT A YEAR AGO JUDGE MOSS

        11               GRANTED A MOTION EXCLUDING THE CLEARVIEW --

        12               FROM THE LIABILITY IN THIS CASE, DISMISSING

        13               THE -- SPECIFICALLY THE OWNER --

        14                           THE COURT:  WHAT WAS THE REASON

        15               FOR THAT?  I AM STILL NOT SURE

        16                           MR KOHN:  JUDGE, THE REASON

        17               WAS THAT JUDGE MOSS FELT THAT IN ORDER FOR

        18               A REASONABLE JURY TO CONCLUDE THAT A CHILD

        19               SUFFERED LEAD POISONING BECAUSE OF A

        20               LIABILITY PRODUCING CONDUCT, THERE WOULD

        21               HAVE TO BE A SPECIFIC DIAGNOSIS OF LEAD

        22               POISONING, NOT MERE SYMPTOMS, NOT MERE

        23               OTHER CONDITIONS

        24                           MS KOLBER:  IN OTHER WORDS,
 
                                                                             5




         1               BLOOD LEAD LEVEL  THERE WAS NO BLOOD LEAD

         2               LEVEL TAKEN

         3                           THE COURT:  WHEN THE CHILD WAS

         4               IN CLEARVIEW