1
 1   IN THE COURT OF COMMON PLEAS
      OF CUYAHOGA COUNTY, OHIO
 2   
    TINA HENNES, et at,      CIVIL DIVISION
 3   
    Plaintiffs,
 4   
    vs                  No 447161
 5   
    JOSE ARIAS, MD,
 6   
    Defendant           DEPOSITION TRANSCRIPT OF:
 7                  JAMES M GEBEL, JR, MD
 8   
 9                  DEPOSITION DATE:
                   April 28, 2003
10                  Monday, 12:18 pm
11   
12                  PARTY TAKING DEPOSITION:
                   Plaintiff
13                  Tina Hennes
14   
15                  COUNSEL OF RECORD
                   FOR THIS PARTY:
16                  Thomas Repicky, Esq
                   THOMAS REPICKY CO, LPA
17                  526 Superior Avenue
                   Suite 530
18                  The Leader Building
                   Cleveland, OH 44114
19                  216-502-0350
20   
21                  REPORTED BY:
                   Desiree Majetic
22                  Notary Public
                   AKF Reference No DM75211
23   
24   
25   

                                                                     2
 1         DEPOSITION OF JAMES M GEBEL, JR, MD,
    a witness, called by the Plaintiff Tina Hennes for
 2   examination, in accordance with the Ohio Pennsylvania
    Rules of Civil Procedure, taken by and before Desiree
 3   Majetic, a Court Reporter and Notary Public in and
    for the Commonwealth of Pennsylvania, at UPMC, 200
 4   Lothrop Street, 4th Floor, Pittsburgh, Pennsylvania,
    on Monday, April 28, 2003, commencing at 12:18 pm
 5   
 6                          - - - -
 7   
    APPEARANCES:
 8   
          FOR THE PLAINTIFF TINA HENNES:
 9   Thomas Repicky, Esq
    THOMAS REPICKY CO, LPA
10   526 Superior Avenue
    Suite 530, The Leader Building
11   Cleveland, OH 44114
    216-502-0350
12   
13   
          FOR THE DEFENDANT JOSE ARIAS, MD:
14   Kris H Treu, Esq
    MOSCARINO & TREU, LLP
15   The Hanna Building
    1422 Euclid Avenue, Suite 630
16   Cleveland, OH 44115
    216-621-1000
17   
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25   

                                                                     3
 1                       * I N D E X *
 2   Examination by Mr Repicky - - - - - - - - - - -   4
 3   Certificate of Court Reporter  - - - - - - - - - 132
    Errata Sheet - - - - - - - - - - - - - - - - - - 133
 4   Notice of Non-Waiver of Signature  - - - - - - - 134
 5   
 6   
 7   
 8   
 9   
10   
                    * INDEX OF EXHIBITS *
11   
    Deposition Exhibit 1 - - - - - - - - - - - - - -   6
12   Deposition Exhibit 2 - - - - - - - - - - - - - -   6
    Deposition Exhibit 3 - - - - - - - - - - - - - -   6
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                                                                     4
 1                JAMES M GEBEL, JR, MD,
 2                  having been duly sworn,
 3          was examined and testified as follows:
 4                          - - - -
 5                        EXAMINATION
 6                          - - - -
 7   BY MR REPICKY:
 8   Q    Doctor, would you state your name for the
 9         record, please?
10   A    Yes, James Matthew Gebel Junior
11   Q    And I assume you have given deposition
12         testimony before?
13   A    Yes, I have
14   Q    As you know, we are on the record, and it is
15         important that you answer verbally  And if you
16         don't understand my question because it is
17         either inartfully worded or I don't pronounce
18         my words, let me know  And you can't use
19         gestures or slang terminology, because it won't
20         give us an accurate record
21                   Fair enough?
22   A    Fair enough
23   Q    You have been kind enough to bring with you the
24         records that you reviewed for this case, and I
25         just want to briefly go over that to make sure

                                                                     5
 1         that we have everything that you have reviewed
 2         in this case  Could you just go through the
 3         pile and read into the record what it is that
 4         you have as part of your file from this case?
 5   A    Sure  I have a deposition transcript from
 6         Dr Michael Makii, M-a-k-i-i  I have a
 7         deposition transcript of Dr Joseph Hanna  A
 8         deposition transcript of Dr Jose Arias
 9                   Then I have medical records from the
10         Fairview Medical Group from 8/30/94 through
11         12/4/00  And from office visits from
12         Dr Michael Makii from 10/18/00 to 1/14/02
13                   I have records from Fairview Hospital
14         from