1             IN THE COURT OF COMMON PLEAS

        2                 CUYAHOGA COU Ty, OHIO

        3     LELA J. PETTREY,
              EXECUTRIX, et al.,
        4
                          Plaintiffs,)
        5                                  JUDGE VILLANUEVA
                 -vs-                       ASE 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,

        15    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

        2 4

        2 5


                               Mehler & Hagestrom

                                                          2


        1    APPEARANCES:

        2        Ronald V. Rawlin, Esq.
                 Rhoa, Folien & 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,
        1 0
                      On behalf of the Defendants
        11            Kaiser Permanente, Eisen,
                      Sifuentes and Yuhaniak.
        1 2
              ALSO PRESENT:
        13
                 William Mahan, Videotape Technician
        1 4

        15                  - - - -

        16

        17

        18

        1 9

        2 0

        21

        2 2

        2 3

        2 4

        2 5

                               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
        8     Civil Procedure, being by me first duly sworn,
        9     as hereinafter certified, deposed and said as
        10    follows:
        11       DIRECT EXAMINATI
        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          of Dr. Makley.  He will not be available at
        17          trial scheduled now for November lst.
        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
        I          ook, the video one, as Dr. Berman w
        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 substance of the video deposition.  We
        8          are not precluding you from the discovery
        9          deposition, just so you know.  Okay?
        10                MR. RAWLIN:   I heard your
        11         statement.  I don't agree with it, but I
        12         heard it.
        13                M