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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, M.D. 14 MONDAY, FEBRUARY 19, 1990 15 - - - 16 The deposition of David Skirball, M.D., 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 p.m., 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, D.O.: 7 Marc W. Groedel, Esq. Reminger & Reminger 8 113 St. Clair Building Cleveland, Ohio 44114 9 On behalf of Defendant Paul Martin, D.O.: 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, M.D. 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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