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






                                           INDEX
                                           _____


                  WITNESSES:
                  _________ 

                                  DIRECT   CROSS   REDIRECT   RECROSS

                  KETAN PATEL                4        39         45

                  DOROTHY SLAVIN    48      53        83         85
                                    54      62



                  CLOSING_ARGUMENTS:
                  _______ __________

                    BY MR. FOERSTNER - PAGE 102, 145

                    BY MR. SUTTON - PAGE 122



                    CHARGE OF THE COURT - PAGE 147
 
                                                                             4




         1

         2                         MORNING_SESSION
                                   _______ _______

         3

         4

         5                     (AT 9:45 A.M. THE FOLLOWING TOOK

         6               PLACE IN OPEN COURT IN THE PRESENCE OF THE

         7               JURY:)

         8                           THE COURT:  DR. PATEL, DO YOU

         9               MIND RESUMING THE WITNESS STAND.

        10                           MR. FOERSTNER:  THANK YOU, YOUR

        11               HONOR.

        12

        13

        14                            -     -     -

        15                          CROSS-EXAMINATION

        16                            -     -     -

        17        BY MR. FOERSTNER:

        18        Q.     GOOD MORNING, DOCTOR.

        19        A.     GOOD MORNING.

        20        Q.     DR. PATEL, BEFORE WE BEGIN I JUST WANT TO

        21        UNDERSTAND EXACTLY WHAT YOUR PRESENT POSITION IS

        22        NOW.  YOU ARE A SURGEON PRACTICING IN WASHINGTON,

        23        D.C?

        24        A.     CORRECT.
 
                                                                             5




         1        Q.     AND YOUR PRACTICE IS DEVOTED TO DOING

         2        REFRACTIVE SURGERY OR LASIK SURGERY?

         3        A.     CORRECT.

         4        Q.     THAT'S THE TYPE OF SURGERY WHERE THE

         5        PHYSICIAN CORRECTS EYE DIFFICULTIES WITH LASERS,

         6        DOCTOR?

         7        A.     WELL, THEIR PRESCRIPTION.

         8        Q.     CORRECTS THEIR PRESCRIPTION SO THEY DON'T

         9        NEED GLASSES?

        10        A.     OR CONTACTS.

        11        Q.     YOU DON'T SPECIALIZE IN EYE DISEASES OR

        12        ANYTHING LIKE THAT?

        13        A.     WE SEE PATIENTS WITH EYE DISEASES, BUT

        14        PRIMARILY DO LASIK.

        15        Q.     AND YOUR PRIMARY PRACTICE IS SURGERY,

        16        DOCTOR?

        17        A.     RIGHT.

        18        Q.     I WANTED TO ALSO CONFIRM SOME OF THE THINGS

        19        ABOUT YOUR PRIOR TESTIMONY.  I WROTE IN MY NOTES

        20        REGARDING THE CONTAGIOUSNESS OF CONJUNCTIVITIS,

        21        E.K.C.  WE CAN AGREE THA