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     Discovery deposition of JOHN T. MAKLEY, M.D.,

     10  taken as if upon cross-examination before Susan

     11  M. Cebron, a Registered Professional Reporter

     12  and Notary Public within and for the State of

     13  Ohio, at the offices of University Hospitals of

     14  Cleveland, Lakeside Building, Cleveland, Ohio,

     15  at 3:05 p.m. on Tuesday, October 18, 1994,

     16  pursuant to notice and/or stipulations of

     17  counsel, on behalf of the Plaintiffs in this

     18  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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                     Mebler & 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 Defendant.
      11

      12                  - - - -

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                             Mehler & Hagestrom

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      1                  We have an agreement that it will
      2          be a 30 minute discovery deposition
      3          inasmuch as we would not then have to go to
      4          the court in any discussions as to whether
      5          or not we are going to go forward.
      6                  Now, the only reason I'm putting
      7          this on the record is I would hate to see
      8          you use up your time on fundamentals.
      9                  MR. RAWLIN:    Well, I would hope
      10         that all of your speeches are not going
      11         towards my time, either.
      12                 MS. HARRIS:    No, I will deduct a
      13         minute from it.
      14                 MR. RAWLIN:    Basically I am just
      15         trying to get some introductory information
      16         and I will move straight to the point, but
      17         maybe we will simplify this.
      18 Q. Doctor, do you live at Russell Road in Russell,
      19    Ohio currently?
      20 A. Yes.
      21 Q. How long have you lived there?
      22 A. Four years.
      23 Q. Okay.  Handing you Plaintiffs, Exhibit 1 and 2,
      24    is Number 1 the report that you wrote to Beverly
      25    Harris regarding your review of the records on

                             Mehler & Hagestrom
                                                       3
      1             JOHN T. MAKLEY, M.D., of lawful age,
      2     called by the Plaintiffs for the purpose of
      3     cross-examination, as provided by the Rules of
      4     Civil Procedure, being by me first duly sworn,
      5     as hereinafter certified, deposed and said as
      6     follows:
      7        CROSS-EXAMINATION OF JOHN T. MAKLEY, M.D.
      8     BY MR.  RAWLIN:
      9 Q.  Doctor, would you give me your residence
      10    address?
      11 A. Am I supposed to give you my residence address?
      12    Why is that necessary?
      13 Q. Because I am asking the questions.  It is a
      14    discovery deposition.
      is                 MS. HARRIS:   Let me just put on
      16         the record before we get started in this
      17         case, or in this deposition, I contacted
      18         Dr. Makley to set up a videotape deposition
      19         and the date we agreed upon, because he
      20         would be unavailable for the trial, is
      21         today, the 18th of October.
      22                 Subsequent to that I got Notice
      23         from Mr. Rawlin that he was going to take a
      24         discovery deposition prior to th