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IN THE COURT OF COMMON PLEAS

OF CUYAHOGA COUNTY, OHIO


WILLIAM F. WHITE,

Plaintiff,

VS. Case No. 347495

LAKEWOOD HOSPITAL ASSOC.,
et al.,

Defendants.








DEPOSITION OF JAMES MICHAEL MALONE, M.D.


Phoenix, Arizona
February 5, 1999
2:01 p.m.








(copy)
COASH & COASH, INC.
Registered Professional Reporters
Prepared by: 1802 North 7th Street
WANDA J. CURRY, RMR, CSR Phoenix, Arizona 85004
Telephone: (602) 258-1440
Prepared for:
MR. R. ERIC KENNEDY
Attorney at Law

2


1 N D E X

2 EXAMINATION

3 JAMES MICHAEL MALONE, M.D. Page
Examination by Ms. Harris 4
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8

9

10

11 EXHIBITS

12 Malone Deposition Exhibits Page

13 1 iO/20/98 report prepared by Dr. Malone 21
(three pages)
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Coash & Coash, Inc.
(602) 258-1440

3


1 THE DEPOSITION OF JAMES MICHAEL MALONE, M.D.,

2 was taken at 2:01 p.m., on February 5, 1999, at the

3 Doubletree Resort, 320 North 44th Street, Park Four

4 Suite, Phoenix, Arizona, before WANDA J. CURRY, a

5 Notary Public in and for the County of Maricopa, State

6 of Arizona.

7 The Plaintiff was represented by his

8 attorneys, Weisman, Goldberg & Weisman, by Mr. R. Eric

9 Kennedy.

10 The Defendants were represented by their

11 attorneys, Mazanec, Raskin & Ryder Co., L.P.A., by

12 Ms. Beverly A. Harris, telephonically from her offices

13 in Cleveland, Ohio.

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Coash & Coash, Inc.
(602) 258-1440

4


1 JAMES MICHAEL MALONE, M.D.,

2 called as a witness herein, having been first duly

3 sworn, was examined and testified as follows:

4

5 EXAMINATION

6 Q- BY MS. HARRIS: Doctor, my name is Beverly

7 Harris and I am here on behalf of Dr. Bekeny.  I'm

8 going to be asking you a number of questions today.

9 Because we're on a speakerphone, if you have

10 any problems either hearing me or in understanding my

11 question, it doesn't make sense or you don't get my

12 accent, I ask that you stop me and I'll try and clarify

13 or straighten out the question for you.

14 If you answer a question, I will assume that

15 you knew the answer -- or that you knew what I was

16 asking and I will be relying upon your answer. Is that

17 fair?

18 A. That's fair.

19 Q. Would you state your full name for the

20 record, please?

21 A. James Michael Malone.

22 Q. Doctor, you are in Arizona right now?

23 A. That is correct.

24 Q. And I take it that's where your practice is?

25 A. That is correct.

Coash & Coash, Inc.
(602) 258-1440

5


1 Q. Eric Kennedy provided me with a CV of yours

2 and it is dated September 1998. Is that the most

3 current CV?

4 A. Probably not, but the only thing that would

5 be missing might be a paper or two. Certainly nothing

6 with respect to my educational training or where I have

7 been for the last 20 years would be any different than

8 that.

9 Q. Doctor, your voice was fading as you were

10 answering the question. Are you as close to the

11 speaker as you can get?

12 A. Yes, I am.

13 Q. Oh, good. Now it's going to be fine.

14 I don't know if I'm fading but that might be

is happening as well. You'll have to pardon me if I ask

16 you to repeat answers; okay?

17 A. Okay. No problem.

18 Q. Other than the new -- the papers that might

19 be missing from this '98 CV, are there any papers -- we

20 are talking about publications, I take it -- which have

21 any bearing on the case that we are here for?

22 A. No.

23 Q. Now, on your CV -- and do you have a copy of

24 it in front of you, Doctor?

25 A. I do not.

Coash & Coash, Inc.
(602) 258-1440

6


1 Q. On your CV, you indicate that you are a

2 professor of surgery at the Mayo Clinic in Rochester;

3 is that correct?

4 A. That's technically not correct. I hold the

5 title of professor of surgery from the Mayo Graduate

6 School of Medicine and the Mayo Graduate School is in

7 Rochester, but it is not a faculty appointment in terms

8 of being on the faculty and being part of the Mayo

9 system.

10 They have a very complicated process for

11 doing academic acknowledgment. I have the title

12 because I teach Mayo residents and graduate students

13 and I had to meet their professional and tenure

14 criteria to be a professor. But it's because I teach

15 their graduate students and their residents, and that's

16 the basis for the title.

17 Q. Where do you teach them?

18 A. Well, I no longer teach. I left academics in

19 September.

20 But relevant to that, it was at Maricopa

21 Medical Center in Phoenix and at the Mayo Clinic. Both

22 the clinic and, at that time, a hospital called

23 Sc