2                      THE COURT OF COMMON PLEAS

        3                        CUYAHOGA COUNTY, OHIO

        4                                 - - -

        5         JAMES PESKIN, a minor by and
                  his Father and Next Friend,
                  ALLAN PESKIN, and
                  ALLAN PESKIN and BARBARA PESKIN,)
        7
                                      Plaintiffs,
        8
                         VS.                        )CASE 148870

        9         THE MT.  SINAI MEDICAL CENTER,
                  and CLEVELAND ANESTHESIA GROUP,
        10        and GERALD E. WEINBURG, M.D.,
                  JOYCE HARDAWAY, M.D, and
        11        SYDNEY KATZ, M.D.

        12                            Defendants.

        13

        14               Deposition of DR.  DONALD GARY BENFIELD,

        15        called on behalf of the Defendant for direct

        16        examination pur5uant to the Ohio Rules of Civil

        17        Procedure, taken before Carol Dodrill, Registered

        18        ProfeS5ional Reporter and Notary Public in and for

                  the State of Ohio, at the offices of Dr. Benfield,
        1 9
                  300 Locust Street, Suite 500, Akron, ohio, on
        20
                  Thursday, January 4, 1990, commencing at
        2 1
                  5:00 p.m..

        22

        23

        24

        25



                   COURT PEPORTERS  CANTON COL,RT REPORTERS CLEVELAND COURT REPORTERS
                  '16-376-8100          216 - 452 - '40LI     216 - 621 - 6969

                                                                       2


         1     APPEARANCES:


         2     On behalf  of  the  Plaintiffs:


         3          WEISMAN, GOLDBERG, WEISMAN & HAUFMAN CO.


         4     BY:  Richard J. Berris, Attorney at Law
                    1600 Midland Building

         5          Landmark Office Towers
                    Cleveland,   Ohio   44115

         6
               On behalf of the Defendants, Joyce Hardaway, M.D.

         7          Cleveland Anesthesia Group, and Sidney Katz,
                    M.D.

         8
                    QUANDT, GIFFELS, BUCK & RODGERS

         9
               BY:  Robert Quandt, Attorney at Law

         10         800 Leader Building
                    Cleveland,   Ohio

         11
               On behalf of the Defendants, Gerald E.

         12         Weinburg, M.D.


         13         WESTON, HURD, FALLON, PAISLEY & HOWLEY


         14    BY-.  John M. Baker, Attorney at Law
                    25th Floor Terminal Tower

         15         Cleveland,   Ohio   44113-2241


         16         FRUTIG, TRAVIS & ZAPKO CO.

         17    BY:  14ark A. Greer, Attorney at Law
                    The  Hanna   Building

         18         Cleveland,   Ohio   44115

         19    On behalf of Defendant Mt.  Sinai Medical Center;

         20         REMINGER  &  REMINGER  CO.

         21    BY:  Gary H. Goldwasser, Attorney at Law
                    The 113 Building
         22         Cleveland,   Ohio   44114-1273

         23

         24

         25




              A@R(-)N COURT @-)RTFRS CANTON COI-RT REPORTERS Cl FVELAND COURT @RTER@
                  216 - 376 - SIOLI   '16.45'-'400         216 - 621 - 6969

                                                                     3
        1                   DR.  DONALD GARY BENFIELD
        2     of lawful age, a witness herein, having been first
        3     duly sworn, as hereinafter certified, deposed and
        4     said as follows;
        5                      DIRECT EXAMINATION
        6     BY MR.  GOLDWASSER:
        7     Q.      Doctor, for the record, your full name
        8     please.
        9     A.      Donald Gary, G-a-r-y, Benfield.
        10    Q.      Dr. Benfield, it has been represented to me
        11    that you will be an expert witness to testify, if
        12    necessary, at the time of trial in the case we are
        13    here to discuss.  Is that your understanding as
        14    well?
        15    A.      That's correct.
        16    Q.      It is also been expreS5ed to me that you
        17    hold opinions that one or more of the defendants in
        18    this lawsuit committed negligence or medical
        19    malpractice.  I5 that true as well?
        20    A.      That's correct.
        21    Q.      You have been kind enough to hand me just
        22    now a copy of your curriculum vitae.  One of the
        23    reasons I wanted it is to know where you were as of
        24    14ay, 1970 in your career.
        25            Where specifically were you as of May of

             AKRK@N COLRT RER)RTERS CANTON COURT REMRTERS CLEVELAND COURT R-EPORTFRS
                ' It) - 376 - 8100   '16-45-'-'400       216. 621. 6969

                                                                 4
        1    1970?
        2    A.     I was jus