1




         1
                                IN THE COURT OF COMMON PLEAS
         2
                          FIRST JUDICIAL DISTRICT OF PENNSYLVANIA
         3
                                    CIVIL TRIAL DIVISION
         4
                                         -   -   -
         5
                  TERESA CARTER, AS THE        : AUGUST TERM, 1999
         6        REPRESENTATIVE OF THE ESTATE :
                  OF KATIE W CARTER,          :
         7                           PLAINTIFF :
                             VS               :
         8                                     :
                  PHILIP MORRIS, INC,         :
         9                           DEFENDANT : NO 4567

        10                               -   -   -

        11                            JANUARY 17, 2003
                                  COURTROOM 253, CITY HALL
        12                       PHILADELPHIA, PENNSYLVANIA

        13                               -   -   -

        14                               VOLUME XI

        15        BEFORE:  HONORABLE VICTOR J DI NUBILE, JR
                                         AND A JURY
        16

        17

        18

        19

        20

        21

        22                     GEORGE D'ANGELIS, RPR
                               OFFICIAL COURT REPORTER
        23                     COURT OF COMMON PLEAS

        24
 
                                                                             2




         1
                  APPEARANCES:
         2

         3                     GREITZER AND LOCKS
                               BY:  MARC P WEINGARTEN, ESQUIRE
         4                     COUNSEL FOR THE PLAINTIFF

         5

         6
                               SPOHRER, WILNER, MAXWELL &
         7                     MATTHEWS, PA
                               BY:  NORWOOD S WILNER, ESQUIRE
         8                          HOWARD ACOSTA, ESQUIRE
                               FOR THE PLAINTIFF
         9

        10

        11                     DECHERT, LLP
                               BY:  ARTHUR NEWBOLD, ESQUIRE
        12                          STEPHEN J MC CONNELL, ESQUIRE
                                    BRENNAN J TORREGROSSA, ESQUIRE
        13                     FOR THE DEFENDANT

        14

        15

        16

        17

        18

        19

        20

        21

        22
                               GEORGE D'ANGELIS, RPR
        23                     OFFICIAL COURT REPORTER
                               COURT OF COMMON PLEAS
        24
 








                                         I_N_D_E_X
                                         _ _ _ _ _





                  WITNESSES:
                  _________ 
                                       DIRECT    CROSS    REDIRECT

                   DR JAMES HILTY      1755     1810       1916

                   DR ALLAN KRUTCHIK   1925     1939
 
                                                                          1755




         1

         2                         MORNING_SESSION
                                   _______ _______

         3

         4

         5                     (THE FOLLOWING TOOK PLACE IN OPEN

         6               COURT IN THE PRESENCE OF THE JURY:)

         7                           COURT CRIER:  STATE YOUR FULL

         8               NAME FOR THE RECORD, PLEASE

         9                           THE WITNESS:  JAMES HILTY

        10                           COURT CRIER:  YOU ARE REMINDED

        11               YOU HAVE BEEN PREVIOUSLY SWORN YOU ARE

        12               STILL UNDER OATH

        13                           THE WITNESS:  YES, SIR

        14                     (THE WITNESS, HAVING BEEN PREVIOUSLY

        15               SWORN BY THE COURT CRIER, WAS EXAMINED AND

        16               TESTIFIED AS FOLLOWS:)

        17

        18

        19                            -     -     -

        20                         DIRECT EXAMINATION

        21                            -     -     -

        22        BY MR MC CONNELL:

        23        Q     GOOD MORNING

        24        A     GOOD MORNING
 
                                                                          1756




         1        Q     PROFESSOR, YOU WERE TALKING YESTERDAY ABOUT

         2        WAYS IN WHICH THE PUBLIC WAS MADE AWARE OF THE

         3        RISKS OF SMOKING AND YOU WERE FOCUSING ON THINGS

         4        THAT GOVERNMENT DID THAT MADE PUBLIC AWARE OF

         5        SMOKING, IS THAT RIGHT?

         6        A     YES

         7        Q     I THINK WE WERE FINISHI