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1 IN THE COURT OF COMMON PLEAS

2 OF SUMMIT COUNTY, OHIO

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4 Emma J. Phillips,
et al.,
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Plaintiffs,
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vs. Case No. CV95 03 0943
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John N. Smith, D.D.S.,
8 et al.,

9 Defendants.

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11 Deposition of JOHN CHEEK, D.D.S., a

12 Witness, herein, called by the Defendants

13 for cross-examination under the statute,

14 taken before me, Kathryn E. Stischok, a

15 Registered Professional Reporter and Notary

16 Public in and for the State of Ohio, by

17 agreement of counsel and without notice or

18 other legal formality, at the offices of

19 John Cheek, D.D.S., 4488 West Broad Street,

20 Columbus, Ohio, on Wednesday, February 4,

21 1998, at 10:54 o'clock a.m.

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1 APPEARANCES:

2 Weisman, Goldberg & Weisman
1600 Midland Building
3 Landmark office Towers
Cleveland, Ohio 44115
4 By Mr. Benito Antognoli,

5 On behalf of the Plaintiffs.

6 Reminger & Reminger Co., LPA
7th Floor, 113 St. Clair Building
7 113 St. Clair Avenue
Cleveland, Ohio 44114
8 By Mr. Richard J. Rymond,

9 On behalf of the Defendant
John Santin, D.D.S.
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1 Wednesday Morning Session

2 February 4, 1998

3 10:54 o'clock a.m.

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S It is stipulated by and between

6 counsel for the respective parties that the

7 deposition of JOHN CHEEK, D.D.S., a Witness

8 herein, called by the Defendants for cross-

9 examination under the statute, may be taken

10 at this time by the Notary, by agreement of

11 counsel without notice or other legal

12 formality; that said deposition may be

13 reduced to writing in stenotypy by the

14 Notary, whose notes may thereafter be

15 transcribed out of the presence of the

16 witness; that proof of the official

17 character and qualification of the Notary is

18 waived; that the signature of the said JOHN

19 CHEEK, D.D.S. to the transcript of his

20 deposition is expressly waived by counsel

21 and the witness; said deposition to have the

22 same force and effect as though signed by

23 the said JOHN CHEEK, D.D.S.

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I T @ r T-T

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2 INDEX

3 Deposition Exhibit No. Page No.

4 A - Medical Records Reviewed 99

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6 Examination By Page No.

7 Mr. Rymond Cross 5

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1 JOHN CHEEK, D.D.S.

2 by me first duly sworn, as hereinafter

3 certified, deposes and says as follows:

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5 CROSS-EXAMINATION

6 BY MR.  RYMOND:

7 Q. Dr. Cheek, my name is Rick Rymond

B and I represent Dr. Santin in the lawsuit

9 which has been brought against Dr. Santin by

10 Emma Phillips and Forest Phillips.

11 I have a number of questions for

12 you that relate to the opinions which you

13 may express concerning this matter at the

14 time of trial.

15 Before I get started with those

16 questions, we need to establish a few ground

17 rules. First, you have to answer my

18 questions verbally.

19 Do you understand?

20 A. Yes.

21 Q. Second, if you don't understand

22 any of my questions, if you will let me know

23 that, I will try to rephrase the question or

24 perhaps you can help me rephrase the



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1 question. I will apologize in advance for

2 inartfully worded questions.  I am dealing

3 in your area of expertise and certainly not

4 in my own.

5 In any event, are we clear that if

6 you don't understand one of my questions,

7 you will let me know that?

8 A. Yes.

9 Q. Very good.

10 And you and I have met before in

11 that you have offered expert testimony in

12 other dental malpractice cases against other

13 of my clients; is that right?

14 A. Yes.

15 Q. Okay. First order of business for

16 me, Doctor, is to determine what information

17 has been provided to you concerning this

18 matter, and we are going to go through the

19 documents that you have been given to

20 review.

21 It is my understanding that the

22 only correspondence that you presently have

23 concerning this matter is a letter from Mr.

24 Antognoli dated February 6, 19- -- I am not



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11 7@ IFI

1 sure if that is Mr. Antognoli or not -- Mr.

2 Powers -- dated February 6, 1996, and a

3 l