1
                IN THE COURT OF COMMON PLEAS
                OF ERIE COUNTY, PENNSYLVANIA
     
     
     ALAN F. ROGERS, et al,
                 Plaintiffs,
           vs.                          Case No.
     McKEAN TOWNSHIP OF THE COUNTY      NO. 10441-2001
     OF ERIE AND COMMONWEALTH OF 
     PENNSYLVANIA,                      
                 Defendant.
     
     
                         ~ ~ ~ ~ ~
                 Videotaped deposition of WILLIAM E. 
     BINGAMAN, M.D., called for examination under the 
     statute, taken before me, Michelle A. Bishilany, 
     RDR/CRR and Notary Public in and for the State of 
     Ohio, pursuant to notice and stipulations of 
     counsel, at the The Cleveland Clinic Foundation, 
     9500 Euclid Avenue, Cleveland, Ohio, on Tuesday, 
     February 4, 2003, at 10:16 a.m.
                         ~ ~ ~ ~ ~
     
     

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 1   APPEARANCES:
 2   
 3         On behalf of the Plaintiffs:
 4               Conner, Riley & Fryling, by
 5               JAMES R. FRYLING, ESQ.
 6               The Bell Telephone Building
 7               17 West Tenth Street
 8               Erie, PA  16501
 9               (814) 453-3343
10   
11         On behalf of the Defendant:
12               Eiseman, Myers & Liero, by
13               JOHN L. KWASNESKI, ESQ.
14               1673 Two Gateway Center
15               Pittsburgh, PA  15222
16               (412) 434-6611
17                      ~ ~ ~ ~ ~
18   
19   ALSO PRESENT:
20               Kimberly DiMuzio, CLVS
21                      ~ ~ ~ ~ ~
22   
23   
24   
25   

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 1               VIDEOGRAPHER:  Today's February 4, 
 2   2003.  We are going on the record at 10:16.  
 3   Court reporter, can you please swear in the 
 4   witness?
 5         WILLIAM E. BINGAMAN, M.D., of lawful age, 
 6   called for examination, as provided by the Ohio 
 7   Rules of Civil Procedure, being by me first 
 8   duly sworn, as hereinafter certified, deposed 
 9   and said as follows:
10               MR. FRYLING:  Good morning.  My 
11   name is James Fryling, and I represent Alan and 
12   Wendy Rogers in this case.  And we are here in 
13   Cleveland this morning with Dr. Bingaman to 
14   take his deposition pursuan