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 11, 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

                    JOHN JEFFERS             9         27

                    CHRISTINE CHUNG         53         74

                    MARILYN BERGNER         90        106

                    KETAN PATEL            115

                                          EXHIBITS
                                          ________

                  D-1A       PAGE OF CHART             58
 
                                                                             4




         1

         2                         MORNING_SESSION
                                   _______ _______

         3

         4

         5                     (WHEREUPON, AT 9:30 AM THE

         6               FOLLOWING TOOK PLACE IN OPEN COURT, OUT OF

         7               THE PRESENCE OF THE JURY:)

         8                           MR FOERSTNER:  GOOD MORNING,

         9               YOUR HONOR

        10                           THE COURT:  GOOD MORNING

        11                           MR FOERSTNER:  YESTERDAY THE

        12               COURT AFTER THE DEFENDANT'S MOTION FOR

        13               NON-SUIT FOUND IN FAVOR OF DR CHUNG,

        14               DISMISSING HER AS A PARTY

        15                           THE COURT:  YES

        16                           MR FOERSTNER:  I AM ASKING THE

        17               COURT TO RECONSIDER ITS POSITION AT THIS

        18               POINT FOR THE FOLLOWING REASONS AND THEY

        19               ARE ESSENTIALLY THE SAME AS THEY ARE

        20               AGAINST -- I PRESUME, FOR THE SAME REASONS

        21               THE COURT FOUND IN MAINTAINING DR PATEL AS

        22               A DEFENDANT HERE:  THAT DR CHUNG CERTAINLY

        23               EXAMINED MRS GIANNONE, THAT DR CHUNG

        24               ALONG WITH DR PATEL DID EXAMINATIONS ON
 
                                                                             5




         1               MRS GIANNONE; THAT MRS GIANNONE STATED

         2               THAT SHE NEITHER SAW DR CHUNG OR DR PATEL

         3               WASH HER HANDS DURING THAT TIME FRAME AND

         4               THAT, THEREFORE, BASED UPON THE EVIDENCE

         5               THAT WE'VE HEARD SO FAR IS THAT DR CHUNG

         6               IS JUST AS LIKELY TO HAVE TRANSMITTED THE

         7               VIRUS TO MRS GIANNONE AS DR PATEL IS

         8               LIKELY TO HAVE TRANSMITTED THE VIRUS

         9                           THE COURT:  FOR THE REASONS I

        10               STATED YESTERDAY MY DECISION STANDS  DR

        11               CHUNG IS IN A DIFFERENT POSITION  I STATED

        12               THAT FOR THE RECORD

        13                           MR FOERSTNER:  YOUR HON