I LAq c.133

              State of Ohio,
            2                         SS:
              County of Cuyalioga.
            3

            4
                           IN TEIE COURT OF COMMON PLEAS

            5

            6
              LUTHER NESBITT,

            7
                            Plaintiff,

            8
                  VS.                        Case No. 43,003

            9
              RUSTQM R. KHOURI, D.P.M.,      Judge Harry Hanna

            10 INC., et al,


            11              Defendants.


            12-

            13            DEPOSITION OF DR.  ALAN WEINER


            14                THURSDAY, MAY 5, 1983





                       Thd deposition of Dr. Alan Weiner, called hy
            16

              the plaintiff pursuant to the Ohio Rules of Civil
            17

              Procedure, taken before me, Sidney Gantverq, Registered
            18

              Professional Reporter and Notary Public in and for the
            19

              State of Ohio, by agreement of counsel, and without
            20

              notice or other legal formality, at the offices of
            21

              Weisman, Goldberg & Weisman, 540 Leader Building,
            22

              Cleveland, Ohio, beginning at 1:00 P.M., on the dav and

            23

              date above set forth.

            24


            25

       1
       2
       3
       4
       5
       6
       7
       8
       9
       10
       11
       12
       13
       14
       15
       16
       17
       18
       19
       20
       21
       22
       23
       24
       25

                                                  1
                                                                     2

          1   APPEARANCES:

          2   On behalf of the Plaintiff:

          3            Weisman, Goldberg & lieisman
                       Fred Weisman, Esq.
          4            Howard Mishkind, Esq.
                       540 Leader Building
          5            Cleveland, Ohio

          6   On behalf of Defendants Drs.  Savran and Khouri:

          7            Reminger & Reminger, Co., L.P.A.
                       Douqlas K. Fifner, Esq.
          8            300 Leader Building
                       Cleveland, Ohio
          9
              On behalf of Dr. Alan Weiner:
          10
                       Gary B.  Garson, Esq.

          11           316 Engineers Building
                       Cleveland, Ohio

          12

          13

          14

          15

          16

          17

          18

          19

          20

          21

          22

          23

          24

          25

           1                        DR. ALAN WEINER
           2  called by the plaintiff pursuant to the Ohio Rules
           3  of Civil Procedure, having been first duly sworn, as
           4  hereinafter certified, was examined and deposed as
           5  follows:
           6                       CROSS-EXAMINATION



           7               MR. WEISMAN:          The record should shoo


           8        that this deposition is being taken pursuant to



           9        agreement between counsel, of Dr. Alan Weiner,



         10         for the purpose of cross-examinationo as



         11         permitted under the Statute, and there is a waiver



         12         with respect to any defect in service or process



         13         or notice.  Is that agreeable, gentlemen?



         14               MR. FIFNER:            Yes.



         15               MR. GARSON:            Aqreed.



         16   BY MR.  WEISMAN:




         17   OL    Give us your name and your address, if you would.



         18   x     Alan Weiner, 3500 Lawton Lane, Pepper Pike.




         19   QL    Do you have a professional address, presently?




         20   A.    Not as a podiatrist, no.




         21         Are you presently licensed as a podiatrist?



                    Yes.
         22


              QL    When were you first licensed, doctor?
         23


              A.    1963, approximately August.
         24


              OL    And you practiced your profession thereafter
         25

                                                                   4
           1   continuously until what date?
           2   A.    Interned from 163 to '64, approximately  June,  at
           3   St. Luke's Hospital, Philadelphia.  1 came back after
           4   my internship and practiced from '64 through  '82,  part
           5   of '82, in Cleveland.
           6   Q.    And at that time and thereafter, what was