IN THE COURT OF COMMON PLEAS
FRANKLIN COUNTY, OHIO
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JUDITH A SARNOVSKY, ET AL,
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PLAINTIFFS,
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VS CASE NO 85CV-02-905
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SNYDER, EVANS & ANDERSON, INC, ET AL
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DEFENDANTS
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11 DEPOSITION

12 OF DR GERALD M PENN, THE WITNESS HEREIN, CALLED BY

13 THE DEFENDANT UNDER THE APPLICABLE RULES OF CIVIL

14 PROCEDURE, TAKEN BEFORE ME, ANITA SAINE, A NOTARY

15 PUBLIC IN AND FOR THE STATE OF OHIO, AT THE OFFICES

16 OF DR GERALD M PENN, GRANT MEDICAL CENTER,

17 COLUMBUS, OHIO, ON THURSDAY, SEPTEMBER 20, AT 1:00,

18 PM

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2 0

21 PROFESSIONAL REPORTERS, INC
145 NORTH HIGH STREET
22 COLUMBUS, OHIO 43215
PHONE 614/464-0675
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1 APPEARANCES:

2 MESSRS WEISMAN, GOLDBERG,
WEISMAN & KAUFMANN CO, LPA
3 BY MR PAUL M KAUFMAN
1600 MIDLAND BUILDING
4 LANDMARK OFFICE TOWERS
CLEVELAND, OHIO 44115
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ON BEHALF OF THE PLAINTIFF
6
MR DANIEL R FREYTAG
7 ATTORNEY AT LAW
TEN WEST LOCUST STREET
PO BOX 486
NEWARK, OHIO 43055
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ON BEHALF OF THE DEFENDANTS
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SEPTEMBER 20
THURSDAY AFTERNOON SESSION
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3 STIPULATIONS

4 IT IS STIPULATED BY AND BETWEEN COUNSEL FOR

5 THE RESPECTIVE PARTIES THAT THE DEPOSITION OF DR

6 GERALD M PENN, THE WITNESS HEREIN, CALLED BY THE

7 DEFENDANT UNDER THE APPLICABLE RULES OF CIVIL

a PROCEDURE, MAY BE TAKEN AT THIS TIME BY THE NOTARY;

9 THAT SAID DEPOSITION MAY BE REDUCED TO WRITING IN

10 STENOTYPY BY THE NOTARY, WHOSE NOTES THEREAFTER MAY

11 BE TRANSCRIBED OUT OF THE PRESENCE OF THE WITNESS;

12 AND THAT THE PROOF OF THE OFFICIAL CHARACTER AND

13 QUALIFICATION OF THE NOTARY IS WAIVED; THAT THE

14 READING AND SIGNATURE OF THE SAID WITNESS TO THE

15 TRANSCRIPT OF THE DEPOSITION ARE EXPRESSLY WAIVED BY

16 COUNSEL AND THE WITNESS; SAID DEPOSITION TO HAVE THE

17 SAME FORCE AND EFFECT AS THOUGH SIGNED BY THE SAID

18 WITNESS

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2 INDEX OF EXAMINATION
3 BY MR  FREYTAG --PAGE 5, 53
4 BY MR KAUFMAN --PAGE 41, 56
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6
7 INDEX OF EXHIBITS
a
9 EXHIBIT NO 1: DOCUMENT ENTITLED,
10 REPORT OF PATHOLOGIST --PAGE 16
11
12 EXHIBIT NO 2: A BLOCK OF
13 PARAFIN IMBEDDED TISSUE --PAGE 21
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15 EXHIBIT NO 3: A SLIDE --PAGE 23
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5
1 GERALD M PENN
2 BEING BY ME FIRST DULY SWORN, AS HEREINAFTER
3 CERTIFIED, DEPOSES AND SAYS AS FOLLOWS:
4 EXAMINATION
5 BY MR  FREYTAG:
6 Q DOCTOR, MY NAME IS DAN FREYTAG, AND
7 I'M HERE TODAY ON BEHALF OF DR  EVANS AND HIS
8 PROFESSIONAL CORPORATION
9 WILL YOU STATE YOUR NAME FOR THE
10 RECORD?
11 A GERALD PENN, P E N N
12 Q WHAT IS YOUR PROFESSION?
13 A I'M A PATHOLOGIST AT GRANT MEDICAL
14 CENTER
15 HOW LONG HAVE YOU BEEN PRACTICING
16 PATHOLOGY?
17 A SINCE 1969
is Q WILL YOU DEFINE FOR US WHAT PATHOLOGY
19 IS IN GENERAL?
20 A IT IS THE PRACTICE OF MEDICINE THAT
21 DEALS WITH THE DIAGNOSIS AND PROGNOSTICATION OF
22 DISEASE UTILIZING TISSUE, FLUIDS, BLOOD, AND URINE
23 REMOVED FROM HUMAN PATIENTS
24 Q WHAT IS YOUR PROFESSIONAL ADDRESS?
 6
1 A Ill SOUTH GRANT AVENUE, COLUMBUS, OHIO
2 43215
3 WHAT IS YOUR CURRENT POSITION OF
4 EMPLOYMENT?
5 A I AM CHIEF OF PATHOLOGY AT GRANT
6 MEDICAL CENTER, DIRECTOR OF THE LABORATORY MEDICINE
7 Q WILL YOU DESCRIBE FOR THE JURY YOUR
a UNDERGRADUATE COLLEGE TRAINING?
9 A UNDERGRADUATE WAS AT THE UNIVERSITY OF
10 TOLEDO WHERE I RECEIVED A BACHELOR OF SCIENCE I
11 CAME TO OHIO STATE UNIVERSITY WHERE I RECEIVED THE
12 MD, GRADUATED IN 1964 I ENTERED A RESIDENCY IN
13 PATHOLOGY, FINISHING THAT RESIDENCY IN 1969, AT
14 WHICH TIME I TOOK MY BOARDS IN PATHOLOGY
15 1 ALSO HAVE A PHD FROM OHIO STATE
16 UNIVERSITY IN IMMUNOLOGY, IMMUNAL CHEMISTRY  I HAVE
17 OTHER BOARDS IN HEMATAL PATHOLOGY AND IMMUNAL
18 PATHOLOGY ALSO FROM THE AMERICAN BOARD OF PATHOLOGY
19 Q LET ME GO BACK TO YOUR UNDERGRADUATE
20 SCHOOLING WHAT WAS YOUR MAJOR IN AT THAT TIME?
21 A CHEMISTRY
22 Q WITH RESPECT TO MEDICAL SCHOOL, WHERE
23 DID YOU SAY YOU ATTENDED?
24 A OHIO STATE UNIVERSITY
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1 DID YOU KNOW DR EVANS AT OHIO STATE?
2 A I -- VAGUELY I WAS DULY ENROLLED IN
3 MY GRADUATE DEGREE, AND SO MOST OF MY
4 EXTRACURRICULAR ACTIVITY WAS IN GRADUATE SCHOOL AND
5 I DID NOT HAVE A LOT OF TIME TO BECOME ACQUAINTED TO
6 THE OTHER MEDICAL STUDENTS
7 a YOU MENTIONED THAT YOU WENT THROUGH A
8 RESIDENCY IN PATHOLOGY AFTER YOU GOT YOUR MEDICAL
9 DEGREE
10 A RIGHT
11 Q WILL YOU TELL US WHAT A RESIDENCY IS,
12 IN GENERAL?
13 A A RESIDENCY IS A CONCENTRATION IN A
14 SPECIFIC DISCIPLINE OR SUBSPECIALTY OF MEDICINE AS
is DESCRIBED BY THE AMERICAN BOARD OF MEDICAL
16 SPECIALTIES, WHICH IS A DIVISION OF THE AMA, AND
17 PATHOLOGY IS A RECOGNIZED DIVISION OF THAT WE
is PRACTICE UNDER THE LEADERSHIP OF AN -- OF MENTORS