1   State of Ohio,                           1-7OH45

                                              SS:

             2   County of Cuyahoga.

             3                             - -  -

             4                IN THE COURT OF COMMON PLEAS

             5                             - -  -

             6   John L. Mirande, et al.,

             7                     Plaintiffs,
                                                      Case No. 181542
             8          VS.
                                                      Judge Fuerst
             9   Jose D. Somera, M.D.,

            10                     Defendant.

            11

            12            DEPOSITION OF HOWARD C. PITLUK, M.D.

            13                  TUESDAY, AUGUST 27, 1991

            14                             - -  -

            15   The deposition of Howard C. Pitluk, M.D., a witness

            16   herein, called by the Plaintiffs for examination

            17   under the Ohio Rules of Civil Procedure, taken

            18   before me, Ivy J. Gantverg, Registered Professional

            19   Reporter and Notary Public in and for the State of

            20   Ohio, by agreement of counsel and without further

            21   notice or other legal formalities, at 6801 Mayfield

            22   Road, Cleveland, Ohio, commencing at 2:30 p.m., on

            23   the day and date above set forth.

            24

            25



                                   MORSE, GANTVERG & HODGE

                                                                 2

             1  APPEARANCES:

             2  On behalf of the Plaintiffs:

             3         Paul M. Kaufman, Esq.
                       Weisman, Goldberg, Weisman    Kaufman
             4         1600 Midland Building
                       Cleveland, Ohio    44115
             5
                On behalf of the Defendant:
             6
                       Joseph A. Farchione, Jr., Esq.
             7         Jacobson, Maynard, Tuschman & Kalur
                       1001 Lakeside Avenue - Suite 1600
             8         Cleveland, Ohio  44114

             9

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           2 0

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           25



                                  MORSE, GANTVERG & HODGE

                                                                      3
             1                   HOWARD C. PITLUK, M.D.
             2   a witness herein, called by the plaintiffs for
             3   examination under the Rules, having been first duly
             4   sworn, as hereinafter certified, was deposed and
             5   said as follows:
             6                  MR. KAUFMAN: Just  let  the  record  show
             7           that this is Tuesday, August 27th, 1991, and
             8           we are here at the offices of Howard C.
             9           Pitluk, M.D., 6801 Mayfield Road, for the
            10           purpose of taking Dr. Pitluk's discovery
            11           deposition relative to the matter of John
            12           Mirande.
            13                      CROSS EXAMINATION
            14   BY  MR.  KAUFMAN:
            15   Q.      Dr. Pitluk, I have been provided with a
            16   report, a letter that you  addressed  to  Mr.  Farchione
            17   dated May 29, 1991.  Do you have that handy?
            18   A.      I think I do.
            19           Yes, here it is.
            20           And relative to your study and analysis of
            21   the Mirande case, is this the only report that you
            22   have issued?
            23   A.      Correct.
            24   Q.      In addition to the materials  that  you  outline
            25   in your first paragraph, have  you  reviewed  any  other

                                   MORSE, GANTVERG & HODGE
                                                                   4
             1   materials, either before you wrote this report, or
             2   since?
             3   A.     No, I believe that is complete as listed in
             4   my letter.
             5   Q.     Have you been provided with or had the
             6   opportunity to review the deposition testimony of
             7   Dr. Findlay?
             8   A.     No, I haven't.
             9   Q.     Do you know Joann Findlay?
            10   A.     Personally?
            11   Q.     Yes.
            12   A.     No, I do not.
            13          Do you know Dr. Somera?
            14   A.     No, I do not.
            15   Q.     Do you know the vascular surgeon from
            16   California who operated on Mr. Mirande, Dr. Aguirre?
            17   A.     No, I do not.
            18   9-     A-g-u-i-r-r-e, Ricardo Agui