1                                             176 l@ -L

           2    THE STATE OF OHIO, )                     40   q
                                    )  SS:
           3    COUNTY OF SUMMIT.  )
           4
           5                   IN THE COURT  OF COMMON PLEAS

           6    DAVID J. MCKITRICK, et al..)

           7                 Plaintiffs,

           8             VS.                   Case No. CV84 .103257
                TALLMADGE FAMILY MEDICAL         Frank Bayer, J.
           9    CENTER, INC., et al.,
         10                  Defendants.
         11
         12               DEPOSITION OF LESLEY R. SHEELER, M.D.
         13                     THURSDAY, AUGUST 7, 1986
         14
         15          Deposition Of LESLEY R. SHEELER,  M.D.,  a
         16     witness called for examination by the Plaintiff
         17     under the OhiO Rules of Civil PrOceduret  taken
         18     before me, Richard G. Delmonico, a Registered
         19     Professional Reporter and Notary Public  within
         20     and for the State of Ohio, pursuant to  notice,
         21     at The Cleveland Clinic, Cleveland, Ohio,
         22     commencing at 2:00 P.M. the day and date
         23     above set forth.
         24
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            2   APPEARANCES

            3         On beh al f of th e Pl ai nti f f s:

            4         HOWARD D. MISHKIND, ESQ.
                      Weismanr Goldberg, Weisman & Kaufman
            5         540 Leader Building
                      Cleveland, Ohio 44114
            6

            7         On behalf of the Defendants:

            8         EDWARD A. DIGIANTONIO, ESQ.
                      Roetzel & Andress
            9         75 East Market Street
                      Akron, Ohio  44308
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                                                                       3
           I                       MR. MISHKIND:  Let  the  record

           2               reflect the deposition  of  Dr.  Leslie

           3               Sheeler is being taken pursuant to

           4               notice.  The  date  has  been  rescheduled

           5               from the original notice.     However, I

           6               presume there is a waiver of any

           7               defects that may exist in either notice

           8               or service concerning the taking of the

           9               deposition.

          10                       MR. DIGIANTONIO:   There is.

          11                       MR. MISHKIND:  Further,  let  the

          12               record  reflect the deposition  is  being

          13               taken by plaintiff's  to  perpetuate  the

          14               testimony of the doctor for use at

          15               arbitration or trial  of  this  matter.

          16                       I think the record should

          17               reflect that a  conversation  was  held

          18               prior to the beginning of the

          19               deposition or even  before  the  swearing

          20               in of the doctor concerning

          21               neurological testing and

          22               neuropsychological testing that has

          23               recently been done at the Cleveland

          24               Clinic at my request and then organized

          25               through the referral  by  Dr.  Sheeler.

                                                                   4
           1                     Co un sel f or th e def endant s

           2              has advised me that documents

           3              apparently have not been received  by

           4              him personally although they may have

           5              been received by his office, they  were

           6              sent overnight mail on Tuesday night.

           7              I have agreed, and I will let him  make

           8              a record with regard to it.  To the

           9              extent anything would cause any

         10               surprise or prejudice to him with

         11               regard to those studies, I would

         12               acknowledge the right to open up  cross

         13               examination at a later point prior to

         14               the arbitration to cover those  are