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1 State of Ohio, -7 SS: 2 county of Cuyahoga 0 ? 7 3 - - - 4 IN THE COURT OF COMMON PLEAS 5 - - - 6 Anna B Boiner, Admx, etc, et al, 7 Plaintiffs, 8 Case No 161700 VS 9 Judge Aurelius Richmond Heights General 10 Hospital, et al, 11 Defendants 12 - - - 13 DEPOSITION OF DAVID SKIRSALL, MD 14 MONDAY, FEBRUARY 19, 1990 15 - - - 16 The deposition of David Skirball, MD, a witness 17 herein, called by the Plaintiffs for examination 18 under the Ohio Rules of Civil Procedure, taken 19 before me, Ivy J Gantverg, Registered Professional 20 Reporter and Notary Public in and for the State of 21 Ohio, by agreement of counsel and without further 22 notice or other legal formalities, at St Luke's 23 Hospital, 11311 Shaker Bouleard, Cleveland, Ohio, 24 commencing at 4:45 pm, on the day and date above 25 set forth MORSE, GANTVERG & HODGE 1 APPEARANCES: 2 On behalf of the Plaintiffs: 3 Howard D Mishkind, Esq Weisman, Goldberg, Weisman & Kaufman 4 1600 Midland Building Cleveland, Ohio 44115 5 On behalf of Defendants Richmond Heights 6 General Hospital and Andrew Liu, DO: 7 Marc W Groedel, Esq Reminger & Reminger 8 113 St Clair Building Cleveland, Ohio 44114 9 On behalf of Defendant Paul Martin, DO: 10 Anthony P Dapore, Esq 11 Jacobson, Maynard, Tuschman & Kalur 100 Erieview Plaza - 14th Floor 12 Cleveland, Ohio 44114 13 14 15 16 17 18 19 2 0 21 22 23 2 4 2 5 MORSE, GANTVERG HODGE 3 1 (Thereupon, Plaintiffs' Exhibit 1 2 (Skirball) was marked for identification) 3 DAVID SKIRBkLL, MD 4 a witness herein, called by the plaintiffs for 5 examination under the Rules, having been first duly 6 sworn, as hereinafter certified, was deposed and 7 said as follows: 8 CROSS EXAMINATION 9 BY MR MISHKIND: 10 Q Would you state your name for the record, 11 please? 12 A Dr David Skirball 13 Q Dr Skirball, I introduced myself before the id deposition began, I will do it again for the record 15 I am Howard Mishkind, I represent the estate of 16 Kenneth Boiner 17 1 am going to hand you what you have handed 18 to me, that being a copy of your curriculum vitae 19 I have marked it as Plaintiffs' Deposition Exhibit 20 1 21 Is that essentially current and up-to-date, 22 an far as you know? 23 A Yes 24 Q What is your area of specialty, Doctor? 25 A Pulmonary medicine and critical care MORSE, GANTVERG & HODGE 1 4 1 And what hospitals are you affiliated with? 2 A St Luke's and Marymount 3 Q Have you done any writing pertaining to near 4 drowning, as it would relate to your area of 5 specialty? 6 A No, I have not 7 Q Have you done any research in the area of 8 near drowning? 9 A No, I have not 10 Q Are there any recognized experts in the 11 country, in your opinion, in the area of near 12 drowning, at least from the standpoint of pulmonary 13 medicine, that have done considerable study in this 14 area? 15 A Yes, there are 16 Q And can you tell me who comes to mind? 17 A Well, I think one of the most notable in 18 Dr Modell 19 Q Any others? 20 A There are other recognized experts, but I 21 don't have their names 22 Q Have you read any of Dr Modell's articles on 23 near drowning? 24 A Yes 25 Are you aware of the fact that Dr Modell is MORSE, GANTVZRG & HODGE 5 1 an expert on behalf of the estate in this case? 2 A No, I am not 3 Q This in the first time you have learned that? 4 A Yes 5 MR GRORDEL: I sent you his report 6 You may not have read it 7 A (continuing) I may have read the report, but 8 I don't remember the name of the person 9 Q Okay 10 A So I was aware of it, and I had forgotten 11 That is all right 12 on that same line of thought, are you 13 familiar with a Dr David Oakes? 14 A Have I received any -- no, I am not familiar 15 with Dr Oakes 16 MR GROEDEL: I did send you his 17 report 18 THE WITNESS: Okay 19 Now that Mr Groedel has advised us that he 20 provided you with Dr Modell's and Dr Oakes' 21 reports, and albeit you may not have ready 22 recollection of them right now, do you recall 23 receiving a report from Dr Michael Frank, an 24 emergency room specialist, in connection with this 25 case? MORSE, GANTVZRG & HODGE 6 1 A No 2 Have I received that? 3 MR GROZDZL: Yes 4 A (Continuing) Okay 5 Q All right 6 Do you know Dr Liu? 7 A Yes 8 Q How do you know Dr Liu? 9 A Dr Liu was interviewed by myself to become 10 an associate of mine 11 Q When did you interview him, Doctor? 12 A I would have to see his CV to know precisely, 13 but I am guessing during his last year in the id Cleveland Clinic, which I think was about 1985 15 Q Was he completing his residency at th
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