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          1              IN THE COURT OF COMMON PLEAS

          2                  CUYAHOGA COUNTY, OHIO

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

          8                  Defendants.

          9                        - - - -

        10          Deposition of JACK H. BERMAN, M.D., taken as

        11      if  upon cross-examination before M. Sheila

        12      Hanlon, a Registered Professional Reporter and

        13      Notary Public within and for the State of Ohio,

        14      at the offices of Jack H. Berman, M.D., 24755

        15      Chagrin Boulevard, Cleveland, Ohio, at 9:00 a.m.

        16      on Thursday, October 13, 1994, pursuant to

        17      notice and/or stipulations of counsel, on behalf

        18      of the Defendants in this cause.

        19                         - - - -

        2 0
                              MEHLER & HAGESTROM
        21                      Court Reporters
                             1750 Midland Building
        22                   Cleveland, Ohio  44115
                                 216.621.4984
        23                       FAX  621.OOSO
                                 800.822.0650
        2 4

        2 5


                                 Mehler & Hagestrom

                                                            2


          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.
                    Gallagher, Sharp, Fulton & Norman
          8         Seventh Floor Bulkley Building
                    Cleveland, Ohio  44115
          9         (216) 241-5310,

        10              On behalf of the Defendants,
                        Kaiser Permanente;
        11
                    Anthony P. Dapore, Esq.
        12          Jacobson, Maynard, Tuschman & Kalur
                    1001 Lakeside Avenue
        1 3         Suite 1600
                    Cleveland, Ohio  44114-1192
        14          (216) 736-8600,

        15              On behalf of the Defendant,
                        Dr. Nickodem.
        16

        17

        18

        19

        20

        21

        22

        23

        24

        25

                                Mehler & Hagestrom

                                                            3
          1             JACK H. BERMAN, M.D.-, of lawful age,
          2     called by the Defendants 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     f ollows :
          7        CROSS-EXAMINATION OF JACK H. BERMAN, M.D.
          8     BY MS.  HARRIS:
          9                       -  -  -  -
        10                    (Thereupon, Defendant's Exhibits A
        11      and B were marked for purposes of
        12      identification.)
        13                         -  -  -  -
        14  Q.  Doctor Berman, as you know, my name  is  Beverly
        15      Harris, and I'm here on behalf of Kaiser and the
        16      physicians associated with the  Ohio  Permanente
        17      Medical Group.  You have been  identified  as  an
        18      expert in this case so I'm going to be asking
        19      you a number of questions.  Before  we  get  into
        20      that regarding your opinions in this  case,  I'm
        21      going to hand you what has been marked as
        22      Defendant's Exhibit A which is your CV.  Is that
        23      CV current?
        24  A.  Correct.
        25  Q.  When was it updated last?

                                Mehler & Hagestrom
                                                             4
          1  A.  This is current from the tirne it was rnade.
          2  Q.  Do you know when that was approxirnately?
          3  A.  Within the last two years or so.
          4  Q.  As I understand it, you have medical staff
          5      privileges at St. Luke's Hospital?
          6  A.  Correct.
          7  Q.  Do you also have privileges to practice at Metro
          8      Health?
          9  A.  Do you rnea