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, R.P.R.
                               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, R.P.R.
        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