0001
 1                   IN THE COURT OF COMMON PLEAS
                   PHILADELPHIA COUNTY, PENNSYLVANIA
 2                                -----
     PAUL and DENISE FINEGAN, h/w   )  JANUARY TERM, 2005
 3                                  )
            vs.                     )
 4                                  )
     AMERICAN BUILDERS and          )
 5   CONTRACTORS SUPPLY COMPANY,    )
     INCORPORATED                   ) #004505
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                       Wednesday, June 21, 2006
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 8                     Videotaped deposition of MURRAY
 9   DALINKA, M.D., taken pursuant to notice, was held at
10   Esquire Deposition Services, 1600 John F. Kennedy
11   Boulevard, Suite 1210, Philadelphia, Pennsylvania,
12   commencing at 7:30 p.m., on the above date, before SHEILA
13   KLOS, a Registered Professional Reporter and Commissioner
14   of Deeds in The Commonwealth of Pennsylvania.
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21                    ESQUIRE DEPOSITION SERVICES
                     1600 John F. Kennedy Boulevard
22                             12th Floor
                   Philadelphia, Pennsylvania  19103
23                        (215) 988-9191
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0002
 1                     A P P E A R A N C E S:
 2          EISENBERG, ROTHWEILER, SCHLEIFER,
            WEINSTEIN & WINKLER
 3          BY:  DANIEL JECK, ESQUIRE
            1634 Spruce Street
 4          Philadelphia, Pennsylvania  19103
            (215) 546-6610
 5          (Representing THE PLAINTIFFS)
 6   
            BODELL, BOVE, GRACE & VAN HORN
 7          BY: JOSEPH BODELL, ESQUIRE
            30 South 15th Street, Suite 600
 8          Philadelphia, Pennsylvania  19102
            (215) 864-6600
 9          (Representing THE DEFENDANTS)
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0003
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                                I N D E X
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                                                        PAGE
 3   Testimony Of:  MURRAY DALINKA, M.D.
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                     By Mr. Bodell:             10, 19, 53, 59
 5                   By Mr. Jeck:                 15, 34, 54
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                             E X H I B I T S
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     EXHIBIT NO.     DESCRIPTION                             PAGE
13   P-1             Report of Dr. Lee dated 4/14/05         59
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0004
 1                                -----
                       DEPOSITION SUPPORT INDEX
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 3   
     Direction To Witness Not To Answer
 4   None
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     Request For Production Of Documents
 6   None
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     Stipulations
 8   None
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     Questions Marked
10   None
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0005
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 2                     MR. JECK:  This is Daniel Jeck on
 3             behalf of the Plaintiffs in the case.
 4             Before we begin the deposition of Dr.
 5             Dalinka, as Counsel is aware, I filed a
 6             motion in liminae with respect to Dr.
 7             Dalinka's testimony.  That motion has not
 8             been decided as of the time of this
 9             videotaped deposition.  I am not waiving
10             that motion.  Rather than making continuing
11             objections, I wanted to kind of put on the
12             record what the basis of the motion was and
13             then we can have an agreement that I won't
14             have to object at certain times.
15                     The basis of the motion is that Dr.
16             Dalinka is a radiologist, board certified
17             radiologist.  He is not an orthopedic
18             surgeon.  He is not a neurologist.
19             Throughout the course of his first report
20             which is about a three-page report dated
21             December 5, 2005 he goes through a summary
22             of the clinicians, certain clinicians'
23             records and then towards the end of his
24             report he makes comments on hearsay reports
0006
 1             of Dr. Davne, an orthopedic surgeon who was
 2             Plaintiff's expert who has given a
 3             videotaped deposition in the case, Dr.
 4             Winer a neurologist, the Plaintiff's expert
 5             who has given a videotaped deposition in
 6             this case.  He mentioned a note by a John
 7             Handal which we have determined before the
 8             deposition started is actually most
 9             prob