1
               IN THE COURT OF COMMON PLEAS
                  OF TRUMBULL COUNTY, OHIO
     
     
    JOHN D ROBERTSON, et al,
                 Plaintiffs,
          vs                       Case No
     COLIN J ROBERTS, et al,       01 CV 1747
                Defendants         JUDGE KONTOS
     ----------------------------
    BREE MASAITIS,
                 Plaintiff,
          vs                       Case No
     STATE FARM MUTUAL AUTOMOBILE    03 CV 68
    INSURANCE COMPANY, et al,      JUDGE KONTOS
                 Defendants
     
                         ~ ~ ~ ~ ~
                 Deposition of JOHN F BURKE, JR, 
     PhD, called for examination under the statute, 
     taken before me, Rebecca L Stonerock, a 
     Registered Professional Reporter and Notary 
     Public in and for the State of Ohio, by agreement 
     of counsel, at the offices of Linton & Hirshman, 
     300 Hoyt Block, 700 West St Clair Avenue, 
     Cleveland, Ohio, on Thursday, March 20, 2003 at 
     2:20 o'clock pm
                         ~ ~ ~ ~ ~
     
     
     

                                                                     2
 1   APPEARANCES:
 2   
 3         On behalf of Plaintiffs Robertson Family:
 4               Linton & Hirshman, by
 5               ROBERT F LINTON, JR, ESQ
 6               STEPHEN T KEEFE, JR, ESQ
 7               300 Hoyt Block
 8               700 West St Clair Avenue
 9               Cleveland, Ohio  44113-1230
10               216-771-5800
11                    and
12               Rosenbaum & McCamley, by
13               JANET McCAMLEY, ESQ
14               24100 Chagrin Boulevard
15               Beachwood, Ohio  44122
16               216-292-7355
17         
18         On behalf of the Defendants Nick G 
19         Papalas, Bazetta Township Police 
20         Department and Bazetta Township:
21               Comstock, Springer & Wilson, by
22               THOMAS J WILSON, ESQ
23               100 Federal Plaza East, Suite 926
24               Youngstown, Ohio  44503-1811
25               330-746-5643

                                                                     3
 1   APPEARANCES, Continued:
 2   
 3         On behalf of the Defendant Owners 
 4         Insurance Company:
 5               McNeal, Schick, Archibald & Biro, by
 6               BRIAN T WINCHESTER, ESQ
 7               250 Van Sweringen Arcade
 8               123 West Prospect Avenue
 9               Cleveland, Ohio  44115
10               216-621-9870
11         
12         On behalf of Court of Claims Defendant 
13         State Highway Patrol:
14               Office of the Attorney General, by
15               MICHAEL J VALENTINE,
16               Assistant Attorney General
17               1630 Capitol Square Office Building
18               65 East State Street
19               Columbus, Ohio  43215-4220
20               614-466-7447
21                      ~ ~ ~ ~ ~
22   
23   
24   
25   

                                                                     4
 1         JOHN F BURKE, JR, PhD, of lawful age, 
 2   called for examination, as provided by the Ohio 
 3   Rules of Civil Procedure, being by me first 
 4   duly sworn, as hereinafter certified, deposed 
 5   and said as follows:
 6        EXAMINATION OF JOHN F BURKE, JR, PhD
 7   BY MR WILSON:
 8         Q    May we have your full name and your 
 9   professional address?
10         A    Yes, sir  My name is John F 
11   Burke, Jr, and my professional address is 2800 
12   Euclid Avenue, Room 300, Cleveland, Ohio  
13   44115
14         Q    You have been retained to act as an 
15   expert on economic matters in a lawsuit filed 
16   by Attorney Bob Linton on behalf of the family 
17   of Joseph Robertson?
18         A    Yes, sir
19         Q    You and I have met on other 
20   occasions  We have done these depositions in 
21   the past  My name is Tom Wilson  In this case 
22   I have the privilege of representing Officer 
23   Papalas and the Bazetta Township, who are 
24   defendants in this particular case  This 
25   afternoon I'm going to take what is known as a 

                                                                     5
 1   "deposition," a Rule 26(b) discovery 
 2   deposition  I hope to understand the opinions 
 3   that you will offer in this case and the 
 4   factual predicate for those opinions 
 5         A    Yes, sir
 6         Q    It is important that you understand 
 7   the questions that I ask  If for any reason at 
 8   any time I ask a question that does not make 
 9   sense, I want you to stop me, tell me you don't 
10   understand me, and we will straighten out my 
11   question before you give us an answer to it  
12   All right?
13         A    Yes