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-