The State of Ohio,
SS:
County of Cuyahoga



IN THE COURT OF COMMON PLEAS



ANNE STROUD, ET AL,

Plaintiffs,

VS Case No 85833

CONRAD J SPILKA, DDS,
ET AL,

Defendants



DEPOSITION OF ROBERT PETRAS, MD
Wednesday, August 7, 1985



Deposition of ROBERT PETRAS, MD, called by the Defendants

for examination under the Ohio Rules of Civil Procedure, taken

before me, the undersigned, Kathleen Tomallo, Registered

Professional Reporter, a Notary Public in and for the State of

Ohio, pursuant to subpoena and notice of counsel, at the

offices of the Cleveland Clinic Foundation, Laboratory

Medicine Building, Conference Room 6, Cleveland, Ohio 44106,

commencing at 1:15 pm the day and date above set forth





COMPUTER-AIDED TRANSCRIPTION BY
CERTIFIED COURTREPORTERS
 101,k,NATIIONAL CITY BA@"UILDING
)LEVELAND, OHIO 441@4@
(216) 241-5747-@'

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APPEARANCES:

On Behalf of the Plaintiffs:

Howard Mishkind, Esquire
Weismanp Goldber I Weisman & Kaufman
540 Leader Build?ng
Cleveland, Ohio 44114

On Behalf of the Defendants:

James L Malone, Esquire
Reminger & Reminger Co, LPA
300 Leader Building
Cleveland, Ohio 44314








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1 ROBERT PETRAS, MD

2 called by the Defendants for examination under the Ohio

3 Rules of Civil Procedure, after having been first duly

4 sworn, as hereinafter certified, was examined and testified

5 as follows:

6 - - - - -

7 (Defendant's Exhibits A, B-1, B-2,

8 C-1, C-2, D-1 through D-8 and E

9 marked for identification)

10 - - - - -

11 EXAMINATION

12 BY MR MALONE:

13 0 You are Dr Robert Petras?

14 A Yes, I am

15 0 And, Doctor, before we begin this deposition, you

16 were kind enough to give me your CV, which I have had the

17 reporter mark collectively as Defendant's Exhibit E

18 Is this in fact a true and accurate copy of those

19 things which credential you in your specialty of

20 pathology --

21 A Yes

22 Q -- and medicine? Okay

23 Now, the reason for my asking you to answer some

24 questions for me today is a lawsuit that's been brought by

25 a patient of the Cleveland Clinic named Anne Stroud against




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1 a client of mine named Conrad Spilka who is an oral surgeon

2 and dentist

3 And I understand that you have had occasion to look

4 at certain pathology or slides in this institution of

5 specimens taken from Mrs Stroud, and also your services

6 had occasion to look at some prior specimens analyzed by

7 Bayless Pathology Laboratories or Bayless Pathology

8 Associates in 1980

9 So that's the framework within which I want to

10 question you

11 So if I can, I'm placing in front of you a two-page

12 report which is marked Defendant's Exhibits B-1 and B-2

13 And this is a pathology report over your signature;

14 is that right?

15 A Oh, yes

16 0 Now, let me ask you some questions, if I can, about

17 some of the things that appear on there so that I'm sure I

18 understand it

19 MR MISHKIND: Just for the record,

20 what is the date of that report, Mr Malone?

21 MR MALONE: The Exhibit marked B-1

22 and B-2 is on a specimen collected May 3, 1984

23 and it is Pathology Number S84-9448

24 And it is a two-page report signed by

25 Robert E Petras, MD




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1 Have I identified that correctly, what I have placed

2 in front of you, Doctor?

3 A Yes

4 0 Now, in the upper right-hand corner the document

5 indicates a collection date of May 3, 1984

6 Right so far?

7 A Uh-huh

8 Q What does the run date of May 16, '84 refer to?  What

9 happens on that date?

10 A That's the date that this particular report was run

11 off our computer and probably the date that I signed it

12 Q What would be the reason for the apparent 13-day lag

13 time between collecting the specimen and printing the

14 report?

15 A This particular case required some intra-departmental

16 consultation as well as comparing the histology to the

17 previous biopsy slide done elsewhere

18 In addition, there may be a weekend Involved as

19 well

20 0 Okay

21 A And In addition to that, there is a day delay in just

22 the processing of the tissue before I have slides made

23 available to me

24 In addition, I did get special stains which again

25 delay the analysis




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1 0 You write in this report that we're referring to, B-

2 1, under the heading "Comment; This neoplasm