1             IN THE COURT OF COMMON PLEAS

       2                  LAKE COUNTY, OHIO

       3     MARY PECENAK, et al.,

       4                  Plaintiffs,
                                        JUDGE PARKS
       5        -vs-                    CASE NO. 92 CV 001587

       6     LORI REILLY, et al.,

       7                  Defendants.

       8

       9        Videotape deposition of DONALD C. MANN, M.D.,

     10      taken as if upon direct examination before  Dawn

     11      M. Fade, a Registered Professional Reporter  and

     12      Notary Public within and for the State of  Ohio,

     13      at the oftices of Donald C. Mann, M.D., 1611

     14      South Green Road, Cleveland, Ohio, at 3:40  p.m.

     15      on Thursday, May 27, 1993, pursuant to notice

     16      and/or stipulations of counsel, on-behalf of the

     17      Defendants in this cause.'

     18                         - - - -

     19
                          MEHLER & HAGESTROM
     20                      Court Reporters
                          1750 Midland Building
     21                   Cleveland, Ohio  44115
                              216.621.4984
     22                       FAX 621.0050
                              800.822.0650
     2 3

     2 4

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       1     APPEARANCES:

       2         Mark D. Amaddio, Esq.
                 Reminger & Reminger
       3         7th Floor 113 St. Clair Building
                 Cleveland, Ohio  44114
       4         (216) 687-1311,

       5              On behalf of the Plaintiffs;

       6         Kathryn M. Murray, Esq.
                 Weston, Hurd, Fallon, Paisley & Howley
       7         2500 Terminal Tower
                 Cleveland, Ohio  44113
       8         (216) 241-6602,

       9              On behalf of the Defendants.

     10      ALSO PRESENT:

     11          Randy Andrews, Video Technician

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                                                            3
       1                    MR. AMADDIO:  We're here in Dr.
       2           Mann's office at about  3:40  on  May  27th.  I
       3           have a letter from defense counsel
       4           indicating that they're admitting
       5           negligence on behalf of Lori Reilly; and
       6           she has also given me a dismissal entry,
       7           which I intend to  sign  and  file  concerning
       8           Michael Reilly.  My only concern is by
       9           dismissing Mr. Reilly that that doesn't
      10           affect any insurance  coverage  in  the  case;
      11           and my understanding from defense counsel
      12           is that she spoke with her adjuster and
      13           there wouldn't be  a  coverage  issue  involved
      14           if we dismiss Mr. Reilly.  Is that
      15           correct?
      16                    MS. MURRAY:  That's correct.
      17                    MR. AMADDIO:  The only other
      is           comment  that I want to make on the record
      19           is with  regard to the depo notice for Dr.
      20           Mann's depo.  I  have  premarked,  and  I  will
      21           ask the court reporter to take into her
      22           possession, the depo notice for today,
      23           which notices it for today  at  3:30,  and  it
      24           says that, taken pursuant to  Rule  30  of  the
      25           Ohio Rules of  Civil  Procedure,  and  inasmuch
                                                            4

      1            as the witness is a party to the
      2            litigation, no subpoena was served.  And my
      3            understanding is, first of all, that Dr.
      4            Mann is not a witness in this case.  Is
      5            that correct?
      6                    MS. MURRAY:  Yes.  Well, he is an
      7            expert witness for the defense, yes.
      8                    MR. AMADDIO: Okay.  Is  he  a  party
      9            to the litigation?
      10                   MS. MURRAY: No, he is  not  a  party
      11           to the litigation.
      12                   MR. AMADDIO: So  that  is  incorrect
      13           in the depo notice?
      14                   MS. MURRAY:   Yes, I would say  that
      15           the depo notice was in error.
      16                   MR. AMADDIO:  Okay.
      17                   MS. MURRAY:  I can file a new one
      18           with the court.
      19                   MR. AMADDIO:  That's okay.  My
      20           objection at this point is I'm not prepared
      21