1 State of Ohio,
SS:
2 County of Cuyahoga.

3 - - -

4 IN THE COURT OF COMMON PLEAS

5

6 Sharon A. Walden, et al.,

7 Plaintiffs,
Case No. 277480
8 VS.
Judge Gaughan
9 Family Dental Centers, et al.,

10 Defendants.

11
CONTINUED DEPOSITION OF
12 KENNETH CALLAHAN, D.D.S.
TUESDAY, AUGUST 13, 1996
13

14 The continued deposition of Kenneth Callahan,

15 D.D.S., a witness herein, called by the Plaintiffs

16 for examination under the Ohio Rules of Civil

17 Procedure, taken before me, Ivy J. Gantverg,

18 Registered Professional Reporter and Notary Public

19 in and for the State of Ohio, by agreement of

20 counsel and without further notice or other legal

21 formalities, at Southgate Medical Arts Building,

22 21100 Southgate Park Boulevard, Maple Heights, Ohio,

23 commencing at 9:35 a.m., on the day and date above

24 set forth.

2S

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I APPEARANCES:

2 On behalf of the Plaintiffs:

3 Fred Weisman, Esq.
Weisman, Goldberg & Weisman
4 1600 Midland Building
Cleveland, Ohio 44115
5
on behalf of Defendants Mark Florman, D.D.S.
6 and Michael Florman, D.D.S.:

7 Richard J. Rymond, Esq.
Reminger & Reminger
8 113 St. Clair Building
Cleveland, Ohio 44114
9
On behalf of Defendant Family Dental Centers:
10
(No Appearance)
11

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17

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1 KENNETH CALLAHAN, D.D.S.
2 a witness herein, called by the plaintiffs for
3 examination under the Rules, having been first duly
4 sworn, as hereinafter certified, was deposed and
5 said as follows:
6 CONTINUED CROSS EXAMINATION
7 BY MR. WEISMAN:
8 Q. Dr. Callahan, this is just supplemental to
9 the original deposition that was taken of you on
10 January 29, 1996.
11 I don't intend that we are going to be a long
12 time in this, or a whole lot of questions, but I do
13 have a few things I want to ask you about.
14 I also endeavor not to be repetitious as to
15 any of those questions put to you before. I will
16 try to do that.
17 Have you reviewed any additional items,
18 reports, or things relating to Mrs. Walden --
19 A. I have.
20 Q. -- since the deposition that was taken of you
21 back in January of 1996, sir?
22 A. Yes.
23 Q. What were those reports or things that you
24 reviewed after your deposition?
25 A. I read the deposition of Dr. Neary, and this
I morning, a neurology report from a Fairview Park
2 neurologist.
3 Q. That would be whose report?
4 A. I am sorry, I don't have his name.
5 Q- I may not have the pronunciation right, it
6 sounds like Dr. Bambakidis?
7 A. That is correct.
8 Q. Did you review anything else now since your
9 January, 196 deposition, other than Dr. Neary's
10 deposition, and this neurology report of the
11 Fairview Park doctor?
12 A. To my knowledge, no.
13 Q- Did you review, for example, just to possibly
14 refresh your recollection, the supplemental report
15 by Dr. Neary of February 3, 1996, which was
16 incorrectly dated February 3, 1995?
17 A. To my knowledge, I have not.
18 Q. Is there anything else that you can think of
19 that you did review, that you can think of at the
20 moment?
21 And on that score I am not suggesting that
22 there necessarily should be, I am asking the
23 question cold.
24 Do you think of any other things that you had
25 reviewed?
I A. Nothing comes to mind.
2 Q. As you sit here now, have you had any change
3 in your opinions based on the additional data that
4 you reviewed?
5 A. No.
6 Q. Do you think that Dr. Florman was still
7 responsible and prudent and provided acceptable care
8 for Mrs. Walden, according to basic dental standards
9 and standards of dental surgery for extraction of a
10 tooth?
11 A. Yes.
12 Q. And does it refresh your memory that
13 following your report having been submitted to
14 counsel, and counsel having submitted the report to
15 me, I sent a copy of that to Dr. Neary, and my
16 understanding is that Dr. Neary and Dr. Ferrara, his
17 associate, both got on the phone apparently and
18 called you in connection with your report; does that
19 refresh your memory?
20 A. Yes.
21 Q. And do you know about when that was?
22 A. No.
23 Q. Well, i think, Doctor --
24 A. I would guess that it was in November of
25 1995, as much as my report was dated October of




Tr- -
1 19 95
2 Q - All right.
3 Now, they put that call apparently directly
4 to you; is that correct?
5 A. That is correct.
6 Q. And did they call you right here at this
7 office?
8 A. That is correct.
9 Q. I want you to tell us, please, what that
10 conversation was, that is, what specifically did
11 they say to you, what did you say to them?
12 A. I had a brief conversation with Dr. Ferrara
13 in which he took exception to my Paragraph D in my
14 letter.
15 He then got off the phone, and we gave
16 regards to one another, because we are old
1