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-7 L> THE STATE of OHIO, : SS: COUNTY of CUYAHOGA: IN THE COURT OF COMMON PLEAS MICHELLE S RUTHERFORD, et al, plaintiffs, VS Case No-198757 KAISER FOUNDATION HOSPITALS, et al, defendants Deposition of WAYNE K_KAWALEKL J@QL, a -------- ------- - L witness herein, called by the defendants for the purpose of cross-examination, pursuant to the Ohio Rules of Civil Procedure, taken before Lynn A Regovich, a Registered Professional Reporter, a Notary Public within and for the State of Ohio, at the offices of Weisman, Goldberg & Weisman, 1600 Midland Building, Cleveland, Ohio, on Monday, the 16th day of March, 1992, commencing at 9:20 am, pursuant to agreement FLOWERS & VERSAGI COURT REPORTERS Computerized Transcription Computerized Litigation Support THE 113 ST CLAIR BUILDING - SUITE 420 CLEVELAND, OHIO 44114-1273 (216) 771-8018 1-800-837-DEPO 2 2 3 ON-BEHALE-QE-TH9-Eb8INTIEE*: 4 5 R Eric Kennedy, Esq, 6 Weisman, Goldberg & Weisman 7 1600 Midland Building 8 Cleveland, Ohio 44115 9 10 - - - - - 11 12 gN-L39ULNIPE-QE-TUB-L)BEBLiL)6NT-S: 13 14 Leslie J Spisak, Esq, 15 Reminger & Reminger 16 The 113 St Clair Building 17 Cleveland, Ohio 44114-1273 is 19 - - - - - 2 0 21 2 2 2 3 2 4 25 FLOWERS VERSAGI COURT REPORTERS (216) 771-8018 3 i-N-9-9 X 2 3 WITNESS: WAYNE-X-RAWALEK,-MD 4 5 Page 6 7 Cross-examination by Mr Spisak 4 8 9 - - - - - 10 11 (NO EXHIBITS MARKED) 12 13 - - - - - 14 15 (NO OBJECTIONS) 16 17 - - - - - 18 19 20 21 22 23 24 25 FLOWERS & VERSAGI COURT REPORTERS (216) 771-8018 4 1 WAYNE_K-KAWALEKL 4@Q ----- -- ------- - L - 2 of lawful age, a witness herein, called for 3 cross-examination by the defendants, as provided by 4 the Ohio Rules of Civil Procedure, being by me 5 first duly sworn, as hereinafter certified, was 6 examined and testified as follows: 7 - - - - - 8 MR SPISAK: Good morning, 9 Doctor I'm Les Spisak We met just a minute ago and 10 we're here today because you have been identified as 11 an expert who is going to testify on behalf of the 12 plaintiff in this case So the whole point of today 13 is to talk about what opinions you have so I have a 14 full understanding of those prior to trial, okay? 15 THE WITNESS: Yes 16 - - - - - 17 CROSS7BHNNN6T1QN 18 BY-MR-SPISAK: 19 Q Start please by giving us your full name 20 A Wayne Kawalek, K-a-w-a-l-e-k, MD 21 Q What is your business address, Doctor? 22 A I'm at Parma Hospital, but do you want our 23 office address? 24 Q Maybe you better explain that You're an 2 5 emergency physician at Parma Hospital? FLOWERS & VERSAGI COURT REPORTERS (216) 771-8018 5 1 A That's correct 2 Q When you say your business address, what does 3 that mean? 4 A I'm an employee of a corporation that contracts 5 to Parma Hospital 6 Q All right 7 A But our business office is on Detroit Road in 8 Lakewood 9 Q What is the corporation that contracts to 10 Parma Hospital? 11 A Community Emergency Physicians, Incorporated 12 Q Who are the members of that corporation, the 13 principals, let me say? 14 A I'm one of the principals We're all partners 15 in the corporation 16 Q How many are there? 17 A There's seven partners and a couple of part 18 timers 19 Q Do you contract to hospitals other than Parma? 2 0 A No, sir That's our only facility 21 Q There are seven of you that service the Parma 22 facility? 23 A That's correct 24 MR SPISAK: I never did see a 25 CV, Eric Do you have one or have you -- FLOWERS & VERSAGI COURT REPORTERS (216) 771-8018 6 1 MR KENNEDY: I don't think so 2 Q Then let me just take a minute or two 3 MR KENNEDY: Sorry Do you 4 have one? 5 Q You do have one? Okay I'll take a minute to 6 look at this and maybe make a copy 7 THE WITNESS: I maybe have one 8 on file somewhere 9 Q If I can get a copy of that before you leave, 10 that'll save us some time 11 Your present practice, Doctor, is as 12 an emergency physician at Parma Community Hospital? 13 A That's correct 14 Q How much do you devote of your professional is time -- 16 A 100 percent 17 Q -- to that? 18 A Clinical time 19 Q Do you cievote any other professional time to any 20 other type of activity? 21 A I review charts for the DRG program of Blue 22 Cross and Blue Shield of Ohio 23 Q How much time ao you spend with that? 2 4 A Ten to 20 hours a month 25 Q Any other professional activities? FLOWERS & VERSAGI COURT REPORTERS (216) 771-8018 7 1 A No, sir 2 Q Do you recall wnen you were first contacted 3 regarding this case? 4 A I believe it was in the Fall of 1991 5 Q By whom were you contacted? 6 A Paul Kaufman 7 Q For what purpose? 8 A To review the chart and the occurrences about 9 the case 10
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