I State of Ohio, (?
S S
2 County of Lake.

3 - - -

4 IN THE COURT OF COMMON PLE S

5 - - -

6 Victor Bukky, Admn., etc.,

7 Plaintiff,
)Case No. 91 CV 001463
8 VS.
)Judge Parks
9 Lake Hospital System, Inc.,
et al.,
10
Defendants.
11

12 TELEPHONE DEPOSITION OF

13 ALBERT BRIGGS, JR., M.D.

14 WEDNESDAY, JULY 22, 1992

1 5 - - -

16 The deposition of Albert Briggs, Jr., M.D., a

17 witness herein, called by the Plaintiff for

18 examination under the Ohio Rules of Civil Procedure,

19 taken before me, Ivy J. Gantverg, Registered

20 Professional Reporter and Notary Public in and for

21 the State of Ohio, by agreement of counsel and

22 without further notice or other legal formalities,

23 at the offices of Weisman, Goldberg & Weisman, 1600

24 Midland Building, Cleveland, Ohio, commencing at

25 2:25 p.m., on the day and date above set forth.


MORSE, GANTVERG & HODGE

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1 APPEARANCES:

2 On behalf of the Plaintiff:

3 R. Eric Kennedy, Esq.
Weisman, Goldberg & Weisman
4 1600 Midland Building
Cleveland, Ohio 44115
5
On behalf of the Defendants:
6
David W. Sumner, Esq.
7 Jacobson, Maynard, Tuschman & Kalur
1001 Lakeside Avenue - Suite 1600
8 Cleveland, Ohio 44114

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MORSE, GANTVERG & HODGE

3
I MR. KENNEDY: Hello.
2 MR. SUMNER: Hello.
3 MR. KENNEDY: Are we all here?
4 THE WITNESS: I am here.
5 MR. SUMNER: I mean here.
6 MR. KENNEDY: All right.
7 Doctor, my name is Eric Kennedy.
8 How are you today?
9 THE WITNESS: Good.
10 How are you?
11 MR. KENNEDY: Good.
12 David, are we going to waive the fact
13 that the court reporter cannot administer the
14 oath in Virginia?
15 MR. SUMNER: Right.
16 MR.  KENNEDY: All right.
17 MR. KENNEDY: Ivy Gantverg is here,
18 Doctor, who is a court reporter, in my
19 office, and she is going to be taking
20 everything that you say down word for word on
21 her machine here.
22 The first thing that we need to do is
23 have her swear you in, all right?
24 THE WITNESS: Certainly.
25 MR. KENNEDY: It is important that

MORSE, GANTVERG & HODGE
4
1 everybody talk loud, because we are using a
2 speaker phone here, and Ivy needs to take
3 everything down as accurately as possible.
4 If she has any difficulty keeping up
5 because the lawyers choose to talk at the
6 same time you are talking, we will let you
7 know and we will have to go back.
8 THE WITNESS: Very good.
9 MR. KENNEDY: If you could raise your
10 right hand in Virginia, for Ivy, she is going
11 to administer the oath.
12 THE WITNESS: My right hand is raised
13 in Virginia.
14 ALBERT BRIGGS, JR., M.D.
15 a witness herein, called by the plaintiff for
16 examination under the Rules, having been first duly
17 sworn, as hereinafter certified, was deposed and
18 said as follows:
19 CROSS EXAMINATION
20 BY MR. KENNEDY:
21 Q- Doctor, could you tell me how you first
22 became involved in this case?
23 A. I was called by Mr. Sumner and asked to
24 review some records for this case.
25 Q. How is it that he got your name, or

MORSE, GANTVERG & HODGE
understood that you were willing to evaluate such a
2 c a s e ?
3 A. I had reviewed one prior case for Andrew
4 Buckner. I assume he got my name from Mr. Buckner.
5 Q. Do you know how it was that Andrew Buckner
6 got your name?
7 A. He talked to Dr. Jonathan Glauser at
8 Mt. Sinai Hospital.
9 Q. Now, you practiced in Cleveland for a period
I 0 of time?
11 A. Yes
12 Q. And while you were in Cleveland, could you
13 tell ire who you were insured by?
14 MR. SUMNER: objection.
15 A. I was insured by FIE Mutual.
16 Q- Had you ever been a defendant in a lawsuit
17 while you were in Cleveland?
18 A. No, I had not.
19 Q. At any time have you been a defendant in a
20 lawsuit?
21 A. No, I have not.
22 Q. Now, if I ask you a question during the
23 course of the deposition, and you do not hear me,
24 please don't answer the question7 is that agreeable?
25 A. That is fine.

MORSE, GANTVERG & HODGE
6
1 Q. So don't answer unless you are certain you
2 heard, all right?
3 A. That is fine.
4 Q- And again, if you don't completely understand
5 the question, don't answer the question, and let me
6 know you didn't understand it, and I will attempt to
7 rephrase it so that you do; is that agreeable?
8 A. That is agreeable.
9 Q. Can you tell me what your rate of
10 compensation is for your participation in a
11 malpractice case?
12 A. In the past I charged one hundred dollars per
1 3 hour .
14 Q. Is that presently your rate?
15 A. I expect that that would be my rate.
16 Q. How many hours have you put into the
17 evaluation and review of this case to date?
18 A. really don't know. I don't have those
19 documents nearby. I would just be guessing.
20 Q- C