0


           2  THE STATE OF  OHIO,

                                     Ss:
           3  COUNTY OF CUYAHOGA)

           4


           5             IN THE COURT OF COMMON PLEAS



           6  RUDY SEUFFERT,

           7                    Plaintiff,

           8              VS                   Case No 193581

           9  KAISER FOUNDATION HOSPITALS,      CLEARY, J

         10   et al,


                                Defendant



         12


         13          DEPOSITION OF JACK L SUMMERS, MD


                            TUESDAY, JULY 9, 1991
         14


         15


         16         Deposition of Jack L Summers, MD, a



         17   witness called for examination by the Plaintiff,


              under the Ohio Rules of Civil Procedure, taken
         18

              before me, Richard G DelMonico, a Professional
         19

              Reporter and Notary Public within and for the
         2 0

              State of Ohio, pursuant to notice at 75 Arch
         21

              Street, Akron, Ohio, commencing at 5:35 pm,
         2 2

              the day and date above set forth
         2 3


         2 4


         25

                                                                2




          2      APPEARANCES:

          3      On behalf of the Plaintiff:

          4         PAUL M KAUFMAN, ESQ
                    Weisman, Goldberg, Weisman & Kaufman
          5         1600 Midland Building

          6         Cleveland, Ohio  44115


          7      On behalf of the Defendant:

                    JAMES F SWEENEY, ESQ
                    Gallagher, Sharp, Fulton & Norman
          9         Seventh Floor - Bulkley Building
                    Cleveland, ohio  44115
        10

        11

        12

        13

        14

        15

        16

        17

        18

        19

        2 0

        21

        2 2

        2 3

        24

        2 5

                                                               3

          I                 JACK L SUMMERS, MD
          2      of lawful age, called as a witness by the
          3      Plaintiff, pursuant to the Ohio Rules
          4      of Civil Procedure, being by me first duly sworn,
          5      as hereinafter certified, deposed and said as
          6      follows:
          7                   CROSS EXAMINATION
          8  BY  MR KAUFMAN:
          9        Dr Summers, just for the record if you
        10         would state your full name, please?
        11   A    Jack L Summers
        12   Q    And you are an MD?
        13   A    That's correct
        14   Q    And your specialty is urology or urological
        IL5        surgery?
        16   A    Yes
        17   Q    Mr Sweeney has just handed me a copy of
        18         your curriculum vitae  Is this essentially
        19         current?
        20   A    Yes, it is
        21   Q    I gather that over the course of your career
        22         you have had an opportunity on occasion to
        23         give deposition testimony?
        24   A    That's correct
        25   Q    So you are familiar with the procedure
                                                               4

          I         that's involved?
          2  A     I am
          3  Q     Let me, just for my purposes, set out a few
          4         ground rules
          5              If I ask a question that you don't
          6         understand because of a failure on my part,
          7         it's garbled or mixed up or doesn't make any
          8         sense, please tell me and I will attempt to
          9         correct it or clarify it for you or we can
        10          even have the court reporter read it back to
        11          you
        12   A     That's fine
        13          If you don't understand the question don't
        14          try to answer it, okay?
        15   A     okay
        16   Q     If you give an answer, our court reporter's
        17          going to record your answer and I'm going to
        18          assume that you understood the question
        19   A     That's fine
        20   Q     Good  Also from your prior experience you
        21          would know that you must verbalize or speak
        22          the answers out loud as the court reporter
        23          can't negotiate or interpret nods of the
        24          head or shrugs of the shoulders, so you have
        25          to speak your answers out loud
                                                               5

          I              erstand
          2   Q    Not having had an opportunity