PAGE 629 SHEET 1
629
I
2
3
STEPHEN!
5 of the Estate of
deceased, and r
6 individually,
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
I as Administrator
_.LKELLER.
PHEN KELLER,
CV-96-0470
United States Courthouse
Haupnauge, New York
[-RUDDY. O. QAISAR
__. CHEST PHYSICIANS,
and BROOKHAVEN
'QIC ASSOCIATES, P.C,
June 4,1998
-X 9:30 o'clock ajn.
TRANSCRIPT OF TRIAL
BEFORE THE HONORABLE DENIS R. HUR]
UNITED STATES DISTRICT JUDGE, and a jury.
APPEARANCES:
2Nev?Vork,rNew York 10007
7 For the Plaintiff: BY: BRADLEY A. SACKS, ESQ.
18 REGINAJABBOUR.ESQ.
19
20 For the Defendant: MARTIN, CLEARWATER & BELL
For Deft. White-Ruddy
21 220 East 42nd Street
New York. New York 10017
22 BY: BRUCE HABIAN, ESQ.
3 LAW OFFICES OF GERARD J. MARULLI
24 For Deft. AfzalA Suffolk
115 Broadway
25 New York. New York 10006
BY: SANDFORDR. LINDENBAUM, ESQ.
MARYANN STEIGER, CSR OFFICIAL COURT REPORTER
1 THE COURT: Good morning, everybody. If you would
2 all be seated.
3 Yes, Mr. Undenbaum.
4 MR. LINDENBAUM: Your Honor, I happened to see a
5 news broadcast last night on channel S and heard a
6 broadcast on the radio -1 think it was WFAN - on the way
7 home last night about a football player, LeShon Johnson,
8 who plays (or the Giants who was diagnosed yesterday - or
9 it was announced yesterday-be was diagnosed with
10 rymphoma.
11 What was significant is that all of the broadcasts
121 heard, and including the New York Times article on it
13 this morning, I haven't seen any other papers describe it.
14 Essentially I'm quoting from the Times:
15 Team doctors detected an abnormality after a
16 routine chest X-ray last month and in subsequent tests
17 determined Johnson, 27, had a cancerous tumor.
18 That's excerpted from the article.
19 I would simply ask the Court to give an
20 appropriate instruction to the jury. I'm not suggesting
21 that the plaintiff has done anything to engender this, of
22 course, but because it was a football player, because it
23 has been made public, we have eight people on the jury.
24 How many of them listen to sports broadcasts or listen to
25 the news, this happened to have been a news item I heard as
MARYANN STEIGER, CSR OFFICIAL COURT REPORTER
PAGE 630
630
1 APPEARANCES: (Continued.)
MATTURRO & ASSOCIATES
Court Reporter MARY ANN STEIGER
6 300 Rabro Drive
Haupnauge, New York 11788
7 (5I6J582-1147
8
9
Proceedings recorded by mechanical stenography, transcript
10 produceobycom