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1
IN THE COURT OF COMMON PLEAS
OF STARK COUNTY, OHIO
ANITA EARLEY,
Plaintiff,
vs Case No
THE TIMKEN COMPANY, 02 CV 03815
Defendants
~ ~ ~ ~ ~
Videotape deposition of LAXMINARAYANA
C RAO, MD, called for examination under the
statute, taken before me, Denise M Munguia, a
Registered Merit Reporter and Notary Public in
and for the State of Ohio, pursuant to notice and
stipulations of counsel, at Old Oak Medical
Pavilion, 7255 Old Oak Boulevard, Middleburg
Heights, Ohio, on Wednesday, June 4, 2003, at
4:31 o'clock pm
~ ~ ~ ~ ~
2
1 APPEARANCES:
2
3 On behalf of the Plaintiff:
4 Kelley & Ferraro LLP, by
5 SHAWN M ACTON, ESQ
6 1901 Penton Media Building
7 1300 East Ninth Street
8 Cleveland, Ohio 44114
9 (216) 575-0777
10
11 On behalf of the Defendant The Timken
12 Company:
13 Day, Ketterer, Raley, Wright &
14 Rybolt, Ltd, by
15 STEPHEN E MATASICH, ESQ
16 Millennium Center - Suite 300
17 200 Market Avenue North
18 Canton, Ohio 44701-4213
19 (330) 458-2143
20 ----
21
22 ALSO PRESENT:
23 Scott Morrison CLVS
24 ----
25
3
1 MR MATASICH: This is Stephen
2 Matasich representing The Timken Company in the
3 case of Anita Earley v The Timken Company,
4 Stark County Court of Common Pleas, Case Number
5 2002 CV 03815 I had filed with the court
6 yesterday a motion in limine pertaining to
7 expert medical testimony in this case I'll
8 try not to belabor the points too much as
9 everything is set forth in detail in that
10 motion
11 Of particular concern is the fact
12 that we had requested, I believe it was in
13 early January of this year, we had served
14 interrogatories and requests for production of
15 documents on January 2, 2003 Among the
16 records requested were all medical records and
17 documents pertaining to Ms Earley's pulmonary,
18 cardiac and respiratory medical history We
19 did not receive, despite repeated requests,
20 receive the discovery responses until months
21 later We also had a great deal of difficulty
22 getting Ms Earley's deposition scheduled and
23 that was delayed for two or three months It
24 eventually did go forward in March of this
25 year, at which time we still did not have her
4
1 discovery responses
2 We learned for the first time at
3 that point that Ms Earley reported quite a
4 history of lung-related problems for which she
5 has had treatment, for which she has taken
6 medications, for which she has been
7 hospitalized, respiratory problems, allergy
8 problems, asthma problems, all of which are
9 undeniably relevant to this case We still did
10 not receive the discovery responses until a
11 couple months after the deposition
12 In the meantime, we had requested
13 from Ms Earley's attorney that she sign a
14 medical authorization A month went by, we
15 never got that back, we made another request
16 for the medical authorization, which was given
17 to us just about a week and a half ago, I
18 believe We have made every effort in this
19 week and a half, with an intervening holiday, I
20 might add, to get all of these records today, I
21 have a very few of those from family physicians
22 that I gave to Mr Acton, who is here today on
23 behalf of Ms Earley There are numerous other
24 records from other physicians, some of which I
25 just learned about when I got these records
5
1 today At Aultman Hospital apparently there
2 are quite a few records relating to Ms
3 Earley's medical treatment, relevant medical
4 treatment, they are apparently on microfilm and
5 Aultman has been unable to get those to us as a
6 result before today There are also diagnostic
7 films there, which are obviously highly
8 relevant to this case, including a number of
9 chest x-
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