THE STATE of OHIO,
SS:
COUNTY of CUYAHOGA


IN THE COURT OF COMMON PLEAS


RICHARD DALZIEL, administrator
of the ESTATE of
JAMES A DALZIEL, et al,
plaintiffs,

VS Case No 256240

KAISER PERMANEUTE,
defendant


Telephonic deposition of JOSEPH R DURHAM, MD,

a witness herein, called by the defendant for the

purpose of cross-examination pursuant to the Ohio

Rules of Civil Procedure, taken before

Frank P Versagi, Registered Professional Reporter,

Certified Legal Video Specialist, Notary Public

within and for the State of Ohio, at the offices of

Weisman, Goldberg & Weisman, 1600 Midland Building

Cleveland, Ohio, on MONDAY, OCTOBER 24, 1994,

commencing at 10:30 am pursuant to agreement of

counsel



FLOWERS & VERSAGI
COURT REPORTERS
Computerized Transcription COPY
Computerized Litigation Support
THE 113 SAINT CLAIR BUILDING - SUITE 505
CLEVELAND, OHIO 44114-1273
(216)771-8018
1-800-837-DEPO

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1 APPEARANCES:
2
3 ON BEHALF OF THE PLAINTIFFS:
4
5 Richard J Berris, Esq
6 Weisman, Goldberg & Weisman
7 1600 Midland Building
8 Cleveland, Ohio 44115
9
10 -----
11
12 ON BEHALF OF THE DEFENDANT:
13
14 Gary H Goldwasser, Esq
15 Reminger & Reminger
16 The 113 Saint Clair Building
17 Cleveland, Ohio 44114-1273
18
19 -----
2 0
21
2 2
2 3
2 4
2 5

FLOWERS & VERSAGI COURT REPORTERS (216) 771-8018
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I N D E X
2 WITNESS: JOSEPH R DURHAM, MD
3
4 PAGE
5
6
7 Cross-examination by Mr Goldwasser 4
8
9
10
11
12
13 (NO EXHIBITS MARKED)
14
15 -----
16
17 (FOR KEYWORD AND OBJECTION INDEX SEE APPENDIX)
18
19 -----
2 0
21
2 2
2 3
2 4
2 5

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1 JOSEPH R DURHAM, MD
2 of lawful age, a witness herein, called by the
3 defendant for the purpose of cross-examination
4 pursuant to the Ohio Rules of Civil Procedure,
5 being first duly sworn, as hereinafter certified,
6 was examined and testified as follows:
7 -----
8 MR GOLDWASSER: Dr Durham,
9 we're just going to make a statement for the record
10 to reflect that by agreement of counsel we're
11 taking your discovery deposition by way of
12 telephone, and the fact the court reporter is
13 present in Cleveland and not able to visualize you
14 being sworn, nonetheless will not be considered a
15 defect
16 Correct, Mr Berris?
17 MR BERRIS: That's correct
18 -----
19 CROSS-EXAMINATION
20 BY MR GOLDWASSER:
21 Q Just for the record, your full name, please?
22 A Joseph, middle initial R, last name Durham,
23 D-u-r-h-a-m
24 Q With reference to the case of the late James
25 Dalziel, tell me, please, what material up to the

FLOWERS & VERSAGI COURT REPORTERS (216) 771-8018
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1 present date have you had available to review?
2 A Well, I had the medical records from his
3 Kaiser admission in February of 192, and previous
4 Kaiser admissions of March of 191, May of 191, and
5 all the Kaiser office visits, along with Kaiser
6 laboratory studies; there was also some records
7 from the Saint Luke's Hospital admission in January
8 of 1993
9 Those constituted pretty much all
10 of the medical records I had, and in addition to
11 that I was given the discovery depositions of I
12 think Elizabeth Dalziel, who was the surviving
13 widow; Mr Richard Dalziel, who was the oldest son;
14 and I also had the deposition of Dr Pois and
15 Dr Saul
16 And I believe the only other
17 document I have is a copy of the letter that
18 Dr Jeffrey Rubin wrote to Mr Goldwasser in
19 December of 193
20 Q Dr Durham, you had some material made
21 available to you since you authored your letter to
22 Mr Berris dated February 4, 1994; is that correct?
23 A Yes, sir, that's correct
24 Q More specifically, the deposition transcripts
25 you made reference to have been provided to you

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1 since; am I correct, sir?
2 A That's right
3 Q Upon having read the testimony of Drs  POiS
4 and Saul, is there anything contained therein which
5 gives you reason to change what you stated in your
6 letter of February 4?
7 A No, sir
8 Q As you read Dr Pois, description of the size
9 of the aneurysm based upon his measurements from
10 the actual film, is there any reason you disagree
11 with what he describes as the measurements?
12 A I believe that was roughly 7 centimeters he
13 described on there?
14 Q Well, do you remember what he described?
15 A I would have to look it up
16 I don't think there was any
17 disagreement between my opinion and his, but I
18 would have to look it up to give you a straight
19 answer to that I don't remember him saying
20 anything that went against the documented evidence
21 we have
22 Let's see if I can find it real
23 quickly I'm looking through his deposition
24 MR BERRIS: It may take a
25 while Do you