1 @ (095 ku

2 - - -

3 IN THE COURT OF COMMON PLEAS

4 - - -

5

6 MATTHEW KELL, JR, Extrx, et al,

7 Plaintiffs,

8 -vs- Case No 249409

9 Reich, Seidelmann & Kanicki, et al,

10 Defendants

11

12

13
The deposition of E JAMES POTCHEN, MD taken
14
under the provisions of the Ohio Rules of Civil
15
Procedure, before Terri W Sparkman, (CSR-2704),
16
Certified Shorthand Reporter and Notary Public, at 138
17
Service Road, East Lansing, Michigan, on December 16,
18
1994, commencing at 9:15 am, pursuant to Notice
19

2 0

21

2 2

23

24 O'BRIEN & BAILS
Certified Shorthand Reporters
25 Grand Rapids Kalamazoo - Battle Creek Jackson
1-800-878-8750

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1 APPEARANCES

2 ON BEHALF OF THE PLAINTIFFS:

3 WEISMAN, GOLDBERG & WEISMAN
1600 Midland Building
4 Cleveland, OH 44115
BY: RICHARD BERRIS, ESQ
5

6 ON BEHALF OF THE DEFENDANTS:

7 JACOBSON, MAYNARD, TUSCHMAN & KALUR
3530 Belmont Avenue, Suite 2
8 Liberty Centre
Youngstown, OH 44505
9 BY: DALE KWARCIANY, ESQ

10

11

12
INDEX
13
WITNESS: E JAMES POTCHEN, MD PAGE
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15
Examination by Mr Berris 3
16

17
EXHIBITS
18
None submitted
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2 0

21

22

23

2 4

25

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1 PROCEEDINGS

2 MR BERRIS: Would you swear the witness,

3 please?

4 E JAMES POTCHEN, MD

5 having been duly sworn by the Notary Public to tell the

6 truth, the whole truth, and nothing but the truth, was

7 examined and testified as follows:

8 EXAMINATION

9 BY MR  BERRIS:

10 Q State your full name, please

11 A E James Potchen

12 Q And your date of birth?

13 A December 2nd, 1932

14 Q What is your residence address?

15 A 4810 Arrapaho, A-r-r-a-p-a-h-o, Okemos, Michigan

16 Q I'm going to ask you some questions today about your

17 review and consideration of this matter involving

18 Mrs Kell If any of my questions are not clear or you

19 don't understand them, please let me know and I will

20 rephrase the question for you  All right?

21 A Yes, sir

22 Q I take it you have given depositions in the past?

23 A Yes, sir

24 Q Approximately how many times have you given a

25 deposition?

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1 A I have no idea

2 Q Well, is it over a hundred?

3 A Yes, sir

4 Q Over 200?

5 A I have no idea

6 Q Maybe over 200?

7 A I don't think so, but I don't know

8 Q Somewhere between 100 and 200?

9 A I don't know

10 Q You have your secretary here today?

11 A Yes, sir

12 Q This is the first time I have -- I have taken many, many

13 depositions of expert witnesses, and this is the first

14 time I have ever had a doctor have his secretary present

15 during a deposition What is the reason for that?

16 A The reason for that is that if we need files or need

17 materials, she is available to go out and get them, or

18 if you get a phone call or your colleague gets a call,

19 or any disruption in the thing, there is someone here to

20 handle it

21 Q Is that something you typically do in any one of these

22 depositions, have your secretary present?

23 A I do in every deposition

24 Q Is she going to be taking notes during this deposition?

25 A No, sir  There is only the second deposition she has

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1 been in on, so she is relatively new to this

2 Q I have got a copy of your CV  You are board certified,

3 correct?

4 A Yes, Sir

5 Q In what?

6 A In radiology and in nuclear medicine

7 Q Have you ever been recertified?

8 A Nor Sir

9 Q You are a lawyer, as well?

10 A Yes, Sir

11 Q And when did you become a lawyer, 1984?

12 A Yes, Sir

13 Q You went to law school for three years?

14 A Yes, Sir

15 Q At Michigan?

16 A Yes, Sir

17 Q During the day?

18 A Yes, Sir, University of Michigan

19 Q University of Michigan?

20 A Yes, Sir

21 Q What happened to your radiology practice during that

22 time?

23 A It kept going I read my x-rays in the mornings before

24 I went down to school Actually, I read x-rays usually

25 from about 5 to 7 in the morning, 8 in the morning

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1 Q Where were you reading x-rays?

2 A Here I was professor and chairman of radiology all the

3 time I was in law school

4 Q So you were in East Lansing, then commuting to law

5 school?

6 A 58 minutes each way, I drove it 500 times

7 Q How do you know it was 500?

8 A Because I counted them

9 Q Why did you go to law school?

10 A That is an excellent question I have often asked that

11 of myself I guess the reason I went to law school is

12 because I was intrigued by the law for a long time, but

13 more important, I got involved as the chairman of the

14 committee to accredit the American and Canadian medical

15 schools We were having difficulties with litigation

16 when we felt we were doing good