1        State of Ohio,
                                         ) S S

            2        County of  Franklin.)

            3                              - - -

            4                    IN THE  COTJRT OF CLAIMS

            5                              - - -

            6        JOHN LASTRAPES, et al.,

            7                  Plaintiffs,

            8            VS.                     Case No. 86-11057

            9        CLEVELAND   PSYCHIATRIC
                     INSTITUTE, et al.,
          10
                               Defendants.
          11

          12
                         DEPOSITION OF DONALD C. AUSTIN, M.D.
          13                     Monday, June 12, 1989

          14                               - - -

          15              The   deposition of DONALD C. AUSTIN, M.D., a

          16         witness,  called  for examination by the

          17         Plaintiffs under the Rules, taken before me,

          18         Diane M. Stevenson, a Registered Professional

          19         Reporter and Notary Public in and for the State

          20         of Ohio, by agreement of counsel, at the offices

          21         of Donald C. Austin, M.D., Harper Hospital

          22         Professional Building, 4160 John R., Detroit,

          23         Michigan, commencing at 5:45 p.m., the day and

          24         date above  set  forth.

          2 5                              - - -

                               Diane M. Stevenson, RPR
                               Morse, Gantverg & Hodge

                                                              2

           1       APPEARANCES:

           2            On behalf of  the  Plaintiffs:

           3                James R. Goldberg, Esq.
                            Weisman, Goldberg,
           4                Weisman & Kaufman Co., LPA
                            540 Leader Building
           5                Cleveland, Ohio  44114

           6            On behalf of  the  Defendants:

           7                Marilena Rinaldi Walters, Esq.
                            Assistant Attorney General
           8                Capitol Square Office Building
                            65 E. State Street, Suite 700
           9                Columbus, Ohio   43266-0590

         10                             - - -

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                             Diane M.  Stevenson,  RPR
                             Morse, Gantverg  &  Hodge

                                                                3

           1                   MR.  GOLDBERG:     Before we go on the

           2        tape, for the record, first of all,  can  we  have

           3        a stipulation between counsel at  the  consent  of

           4        Dr. Austin, the witness, that there will be a

           5        waiver of reading and signing by the witness and

           6        filing of this deposition?

           7                   MS. WALTERS:       I agree.

           8                   MR.  GOLDBERG:     Dr. Austin, will

           9        you agree  to the  waiver of reading and signing

         10         of your deposition?

         11                    THE WITNESS:       Yes, I will.

         12                    MR.  GOLDBERG:     Also, before  we  go

         13         on the record with the video, let the record

         14         reflect that this is the case of John Lastrapes,

         15         et al. versus Cleveland Psychiatric Institute.

         16              Counsel, for the record, can we have a

         17         waiver as to the notice of taking of this

         18         deposition.

         19                    MS. WALTERS:       Yes.

         20                    MR.  GOLDBERG:     Can we also  have  a

         21         waiver as  to the filing of this  deposition,  the

         22         transcript, and the filing of the videotape.

         23                    MS. WALTERS:       To the extent

         24         permitted by the  Civil  Rules.

         25              Let's go off  the  record.

                               Diane M. Stevenson, RPR
                               Morse, Gantverg & Hodge

                                                               4

           1            (Thereupon, a discussion was had off the

           2        record.)

           3                  MR. GOLDBERG:       Can we also waive

           4        any technical requirements in the taking of a

           5        videotape deposition because of the pre6ence of

           6        a court reporter.

           7                  MS. WALTERS:        Yes.

           8                  MR. GOLDBERG:       Can we also waive