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