1


                           IN THE COURT OF COMMON PLEAS

                             OF CUYAHOGA COUNTY, OHIO



                 ANNE KINDL,

                             Plaintiff,

                       vs                   Case No 387118

                 ELIZABETH RYDELL,

                 et al,

                             Defendants



                                  - - - - -

                             Deposition of BIENVENIDO D ORTEGA,

                 MD, called for examination under the statute,

                 taken before me, Terry D Gimmellie, a Registered

                 Professional Reporter and Notary Public in and

                 for the State of Ohio, pursuant to agreement of

                 counsel, at the Medical Arts Center II, 6707

                 Powers Boulevard, Suite 201, Parma, Ohio on

                 Thursday, April 27, 2000, at 10:00 o'clock am

                                  - - - - -

                                                                  2


                 APPEARANCES:



                       On behalf of the Plaintiff:

                             Joondeph & Bittel, LLP, by

                             THOMAS R KELLY, ESQ

                             Akron Center Plaza, Suite 700

                             50 South Main Street

                             Akron, Ohio  44308-1881

                             (330) 376-4500



                       On behalf of the Defendant:

                             Law offices of James Glowacki, by

                             JAMES L GLOWACKI, ESQ

                             510 Leader Building

                             Cleveland, Ohio  44114

                             (216) 696-7445



                 ALSO PRESENT:

                             Mrs Elizabeth Rydell

                             Mr Rydell



                                       ----

                                         3


            1          BIENVENIDO D ORTEGA, MD, of lawful

            2    age, called for examination, as provided by the

            3    Ohio Rules of Civil Procedure, being by me

            4    first duly sworn, as hereinafter certified,

            5    deposed and said as follows:

            6

            7       EXAMINATION OF BIENVENIDO D ORTEGA, MD

            8    BY MR KELLY:

            9          Q    Let the record reflect we are here

           10    for the deposition of Dr Ben Ortega in the        10:12:41

           11    case captioned Anne Kindl versus Elizabeth

           12    Rydell, et al

           13                We are here at least by agreement

           14    of counsel

           15                Mr Glowacki, will you waive           10:12:57

           16    notice and defects and the qualifications of

           17    the court reporter?

           18          A    Sure

           19          Q    Dr Ortega, my name is Tom Kelly

           20    I represent Anne Kindl                            10:13:07

           21                Will you spell you name for the

           22    record

           23          A    Bienvenido, B I E N V E N I D O;

           24    middle initial is D; Ortega, O R T E G A

           25          Q    Where do you maintain your office,     10:13:23

                                         4


            1    Doctor?

            2          A    Right here, which is the Parma

            3    office, 6007 Powers Boulevard, Parma, Ohio

            4          Q    Do you maintain offices anywhere

            5    else?                                              10:13:37

            6          A    Yes, I do at Marymount Hospital and

            7    Southwest Hospital and this is 6707 Powers

            8    Boulevard

            9          Q    That's where we are currently,

           10    6707?

           11          A    That's correct

           12                          -  -  -  -  -

           13                (Thereupon, Plaintiff's Deposition

           14                Exhibit 1 was marked for purposes of

           15                identification)

           16                          -  -  -  -  -

           17          Q    Doctor, I'm handing you what we

           18    have marked as Plaintiff's Deposition Exhibit

           19    1, is that a copy of your professional resume?

           20          A    Yes, it is                            10:13:58

           21          Q    I'm going to ask you some

           22    questions, Doctor, about your background and

           23    your qualifications and please feel free to

           24