I State of Ohio,
) SS: 17 W? 5

2 County of Cuyahoga.

3 - - -

4 IN THE COURT OF COMMON PLEAS

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6 SAMUEL M. WORMSLEY, III, et al.,

7 Plaintiffs,
case No. 051,355
8 VS.
Judge Robert E. Feigian
9 KAISER HOSPITAL, et al.,

10 Defendants.

11

12 DEPOSITION OF ARNOLD DAVID ROTHNER, M.D.

Monday, April 1, 1985
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14

15 The deposition of Arnold David Rothner, M.D., a witness

16 called for examination by the Defendants under the Ohio

17 Rules of Civil Procedure, taken before me, Janet M.

18 Hoffmaster, Registered Professional Reporter and Notary


19 Public within and for the State of Ohio, pursuant to


20 notice, at the Cleveland Clinic, 9500 Euclid Avenue,


21 Cleveland, Ohio, commencing at 9:05-A.M., the day and

date above set forth.
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APPEARANCES:
2
On behalf of the Plaintiffs:
3
Eric Kennedy, Esq.
4 Weisman, Goldberg & Weisman
540 Leader Building
5 Cleveland, Ohio 44114

6 On behalf of the Defendants:

7 Burt Fulton, Esq.
Gallagher, Sharn, Fulton & Norman
8 6th Floor, Bulkley Building
Cleveland, Ohio 44115
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1 ARNOLD DAVID ROTHNER, M.D.,
2 a witness, called for examination by the Defendants
3 under the Rules, having been first duly sworn, as here-
4 inafter certified, denosed and said as follows:
5 CROSS-EXAMINATION
6 BY MR. FULTON:
7 Q. Your name, please, sir?
8 A. Arnold David Rothner.
9 MR. KENNEDY: Before we go further, let
10 me just go on the record simply to state that
11 from the plaintiff's standpoint on behalf of
12 Samuel Warmsley that our going forward with this
13 deposition in no way should operate as a waiver
14 of our rights to object to any or all of Dr.
15 Rothner's testimony at trial or arbitration;
16 that the fact that we are allowing this deposition
17 to go forward in a limited sense should in no way
18 be construed as a waiver of the patient-physician
19 relationship.
20 We have entered into an agreement in this
21 case between plaintiffs and defendants whereby it
22 is agreed among the parties in this case that
23 during the course of questioning should a question
24 be put to the doctor and should I on behalf of
25 Samuel Wormsley ask the doctor not to answer, the
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1 doctor will not answer nursuant to the agreement
2 by all counsel involved.
3 MR. FULTON: I will abide by that,
4 although my agr