1-10'a33


        1               IN THE COURT OF COMMON PLEAS

        2                   CUYAHOGA COUNTY, OHIO

        3       LELA J. PETTREY,
                EXECUTRIX, et al.,
        4
                            Plaintiffs,)
        5                                    JUDGE VILLANUEVA
                   -vs-                      CASE NO.  229143
        6
                KAISER PERMANENTE,
        7
                            Defendant.
        8                       -  -  -   -

        9          Videotaped deposition of JOHN  T.  MAKLEY,

       10       M.D., taken as if upon direct examination before

       11       Susan M. Cebron, a Registered Professional

       12       Reporter and Notary Public within and for the

       13       State of Ohio, at the offices  of  University

       14       Hospitals of Cleveland, Lakeside Building,

       is       Cleveland, Ohio, at 3:35 p.m. on Tuesday,

       16       October 18, 1994, pursuant to  notice  and/or

       17       stipulations of counsel, on behalf of the

       18       Defendant in this cause.

       19                       -  -  -   -

       20                  MEHLER & HAGESTROM
                             Court Reporters
       21                1750 Midland Building
                         Cleveland, Ohio 44115
       22                      216.621.4984
                              FAX  621.0050
       23                      800.822.0650

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                                Mehler & Hagestrom

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         1     APPEARANCES:

         2         Ronald V. Rawlin, Esq.
                   Rhoa, Follen & Rawlin
         3         1850 Midland Building
                   Landmark Office Towers
         4         101 Prospect Avenue, West
                   Cleveland, Ohio  44115-1027
         5         (216) 861-6886

         6              On behalf of the Plaintiffs;

         7         Beverly A. Harris, Esq.
                   Timothy J. Fitzgerald, Esq.
         8         Gallagher, Sharp, Fulton & Norman
                   Seventh Floor Bulkley Building
         9         Cleveland, Ohio  44115
                   (216) 241-5310,
       10
                        On behalf of the Defendants
       11               Kaiser Permanente, Eisen,
                        Sifuentes and Yuhaniak.
       1 2
               ALSO PRESENT:
       1 3
                   William Mahan, Videotape Technician
       1 4

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                                Mehler & Hagestrom

                                                             3
         1                    VIDEOTAPE OPERATOR:  Stand by a
         2           moment, please.  We are  now  ready  to  begin
         3           the deposition.  Could  the  court  reporter
         4           please swear in the doctor?
         5              JOHN T. MAKLEY, M.D.., of lawful age,
         6      called by the Defendants for the purpose of
         7      direct examination, as provided by  the  Rules  of
         a      Civil Procedure, being by me  first  duly  sworn,
         9      as hereinafter certified, deposed and said as
       10       follows:
       11          DIRECT EXAMINATION OF JOHN T. MAKLEY, M.D.
       12       BY MS.  HARRIS:
       13                     MS. HARRIS:   Before we go  on  the
       14            record, I want the record  to  indicate  that
       15            this is  the videotape deposition  for  trial
       16            cf Dr. Makley.  He will not be available at
       17            trial scheduled now for November ist.
       18                     So you know, we are filing a motion
       19            with the court early today --  not  today,  I
       20            will retract that one -- tomorrow or Friday
       21            asking the court for a separation of
       22            witnesses, and specifically asking the
       23            court to preclude your  expert,  Dr.  Berman,
       24            from reviewing the transcript of this
       25            deposition as opposed to the  one  you  just
                                Mehler & Hagestrom
                                                              4
         1           took, the video one, as Dr. Berman would
         2           never have had an opportunity to have
         3           reviewed this transcript.
         4                    In addition, we are asking the
         5           court to issue an order that you do not
         6           impart to Dr. Berman prior to his testimony
         7           the s