WILLIAMS, WILLIAMS, SEARS & KIRBY 1


APR Io 1987

IN THE CIRCUIT COURT FOR THE

2 THIRTEENTH JUDICIAL CIRCUIT OF

3 ALABAMA, MOBILE COUNTY

4 A 000*"

5

6

7 CAROLYN DAVIS and
JAMES C. DAVIS,

Plaintiffs,
9 CIVIL ACTION NUMBER
versus
10 CV-85-001449
DR. JOHN B.  HOWELL,
11 et al,

12 Defendants.

13

14

15

16

17 The testimony of MARSHALL KLAVAN, M.D., taken

18 at the Crozer Chester Medical Center, Chester,

19 Pennsylvania, on the 3rd day of November, 1986,

20 commencing at approximately 1:00 o'clock p.m.

21

22

23






P. 0. BOX 160252, MOBILEr ALABAMA 36616 (205) 471-5033



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WILLIAMS, WILLIAMS, SEARS & KIRBY 2




1 A P P E A R A N C E S

2 FOR THE PLAINTIFFS: MESSRS.  LATTOF & GARDNER
ATTORNEYS AT LAW
3 56 ST. JOSEPH STREET
MOBILE, ALABAMA
4
BY: MITCHELL G. LATTOF, JR., ESQ.
5

6 FOR THE DEFENDANT MESSRS.  ARMBRECHT, JACKSON,
DR. JOHN B. HOWELL: DeMOUY, CROWE, HOLMES & REEVES
7 ATTORNEYS AT LAW
1300 AmSOUTH CENTER
8 MOBILE, ALABAMA

9 BY: W. BOYD REEVES, ESQ.

10
FOR THE DEFENDANT MESSRS. JOHNSTONE, ADAMS, HOWARD,
11 MOBILE INFIRMARYs BAILEY & GORDON
ATTORNEYS AT LAW
12 EIGHTH FLOOR
MERCHANTS NATIONAL BANK AN14EX
13 MOBILE, ALABAMA

14 BY, WADE B. PERRY, JR., ESQ.
(not present)
15
- and -
16
MESSRS.  LONG, WEINBERG, ANSLEY &
17 WHEELER
ATTORNEYS AT LAW
18 2500 THE EQUITABLE BUILDING
ATLANTA, GEORGIA 30303
19
BY: J. M. HUDGINS, IV, ESQ.
2 0

21 ALSO PRESENT: DR. JOHN B. HOWELL

2 2
MARIAN P. KIRBY
23 COURT REPORTER

P. 0. BOX 160252i MOBILEj ALABAMA 36616 (205) 471-5033
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WILLIAMS, WILLIAMS, SEARS KIRBY 3

I N D E X
2
3 Examinations Page
4 Direct Reeves 6
5 Cross Hudgins 68
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P. 0. BOX 160252, MOBILE, ALABAMA 36616 (205) 471-5033

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WILLIAMS, WILLIAMS, SEARS & KIRBY 4

1 S T I P U L A T I 0 N
2
3 It is stipulated by and between the parties
4 hereto and their respective attorneys at law that the
5 deposition on oral examination of the witness, MARSHALL
6 KLAVAN, M.D., may be taken before Marian F. Kirby,
7 commissioner, and that the said deposition on oral
8 examination shall be taken in accordance with, and when
9 so taken may be used in accordance with, the provisions
10 of the applicable sections of the Alabama Rules of
11 Civil Procedure.
12 It is further stipulated that all notices
13 provided for by said applicable sections of the Alabama
14 Rules of Civil Procedure are waived, as are the reading
15 over of said deposition to or by the witness, the
16 signing thereof by him, as is the signing and
17 certification of said Marian F. Kirby, and all oi-ther
18 requirements and technicalities of every sort which
19 would be a prerequisite to the use of said deposition,
20 except the filing of said deposition, it being the
21 intent of the parties hereto that said deposition may
22 be used in evidence as though all requirements of said
23 applicable sections of the Alabama Rules of Civil


P. 0. BOX 160252, MOBILE, ALABAMA 36616 (205) 471-5033
WILLIAMS, WILLIAMS, SEARS & KIRBY

1 Procedure had been complied with.
2 All objections save as to the form of questions
3 asked are reserved until the tine of trial in
4 accordance with the applicable provisions of the said
5 Alabama Rules of Civil Procedure.
6 It is further stipulated that the original of
7 this transcript will be filed in Court in accordance
8 with the provisions of the said Alabama Rules of Civil
9 Procedure.
10
11
12
13
14
15 1, Marian F. Kirby, Commissioner and Court
16 Reporter, certify that on this date, as provided by the
17 Alabama Rules of Civil Procedure and the foregoing
18 stipulation of counsel, there came before me at the
19 Crozer Chester Medical Center, Chester, Pennsylvania,
20 on the 3rd day of November, 1986, commencing at
21 approximately 1:00 o'clock p.m., MARSHALL KLAVAN, M.D.,
22 witness in the above cause, for oral examination,
23 whereupon the following proceedings were had:

P. 0. BOX 160252t MOBILE, ALABAMA 36616 (205) 471-5033
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WILLIAMS, WILLIAMS, SEARS & KIRBY 6

I MARSHALL KLAVAN, M. D.,
2 the witness, having first been duly sworn to
3 tell the truth, the whole truth, and nothing but the
4 truth, was examined and testified as follows:
5 DIRECT EXAMI14ATION
6 BY MR. REEVES:
7 Q would you state your name, please, sir?
8 A Marshall Klavan -- X-L-A-V-A-N.
9 Q Dr. Klavan, your address, please?
10 A Professional Building# Suite 203, 15th and
11 Upland, Upland, PI' 19013.
12 Q And you are a physician?
13 A Yes, sir.
14 Q Your specialty, please, sir?
15 A Obstetrics and Gynecology.
16 Q And you are Board certified?
17 A Yes, sir.
18 Q Doctor, did you pass your Boards the first time
19 you took them?
20 A Yes, sir. 1966.
21 1 was recertified in 179, I believe.
22 Q Okay. Where were you born, Doctor?
23 A I was born in Pakroyis -- P-A-K-R-0-Y-I-S --


P. 0. BOX 160252, MOBILE, ALABAMA 36616 (205) 471-5033
WILLIAMS, WILLIAMS, SEARS & KIRBY

1 Lithuania -- L-