NO Pdl')

The St@ate of Ohio,
SS:
2 County of Cuyahoga
3

4 IN THE COURT OF COMMON PLEAS

5

6 Cynthia L Thompson,

7 P laintif f ,

8 VS )Case No 068-027

9 Family Foot Care, etc, et al,)

10 Defendants

11

12 - - - - -

13

14 Continue(! (leposition of FRANKLIN h KODISH,

15 DPM, a witness herein, called for cross-

16 examination by the Plaintiff, taken before Sanara

17 L Leibold, Registered Professional Reporter and

is Notary Public witain and for tne State of Ohio,

19 at the offices of Weisman, Goldberg & Weisman,

20 540 Leader Building, Cleveland, Ohio, on Wednesday,

21 the 3rd day of April, 1985, at 3:35 pm

22

23 - - - - -

24

25

APPEARAbCES:

2 Weisman, Goldberg & Weisman, by
Mr Howard D Mishkind,
3

On behalf of the Plaintiff
4

Rego & Westley, by
5 Mr Lucian C Rego,

6 On behalf of the Defendants

7 Lmershaw, Musakat, Axner & Shumaker, by

8 Mr Gary W Kisling,


9 On behalf of Franklin h Kodish, DPM


10

11 I N D E X

12 Witness Cross

13 Franklin h Rodish, DPM

14 By Mr Mishkind 3

15

16 - - - - -

17

18 Lxhibits Marked

19

Plaintiff's Exhibit A
20

21

22 - - - - -

23

24

25

1 FRANKLIN H KODISH, DPM
2 of lawful age, a witness herein, called for
3 cross-examination by the Plaintiff, being by me
4 first duly sworn, as hereinafter certified, deposec
15 and said as follows:
6 MR KISLING: I just have a
7 question before we start Is he one of
8 the Defendants John Doe 1 through 20?
9 MR MIShKIND: He is not named
10 as a Defendant
11 MR  KISLING: Because I know
12 he hasn't gotten service as a Defendant
13 MR MISHKIND: Right There
14 has been no effort at this point to name
15 him as a Defendant
16 MR KISLING: All right
17  CROSS-EXAMINATION
18 BY MR  MISHKIND:
19 Q State your name for the record, please
20 A Franklin H Kodish
21 Q Dr Kodish, we met previously back in
22 January, and I gave you some preliminary
23 instructions relative to your testimony
24 1 just want to review them again so that
25 there is no question in regard to what I'm
4
1 going to be asking you today and how you

2 should respond Okay?

3 A Yes

4 Q First off, answer verbally all the

5 questions  You unaerstand that, right?

6 A Yes 

7 Q If anything I ask you is confusing in

8 whatever way, because of the way it came

9 to you or the way that you received it,
10 if you don't understand a question, don't
11 answer it Tell me you don't understand

12 it, you'd like to have it read back,
13 whatever We'll facilitate that so you
14 understana the question before you answer
15 it Fair enough?
16
A Yes
17
Q If you attempt to answer a question,
18
everyone here has reason to believe that
19
you are attempting to answer it because you
20
understood the question  Okay?
21
A Yes
22
Q 14ow, currently, Doctor, what is your
23
employment situation?  Are you practicing
24 podiatry?
25
A Yes

1 Q Where are you practicing?
2 A Cuyahoga County area
3 Q Are you practicing at more than one location
4 in Cuyahoga County?
5 A Presently two locations and a hospital
6 Three
Q What are the locations?
8 MR KISLING: I'm going to
9 object at this point in time Do you
10 know what relevance this has in
11 discovery?
12 MR MISHKIND: I certainly do
13 MR KISLING: Okay Can you
14 explain it to me?
15 MR MISHKIND: would you like
16 to step out in the hall?
17 MR KISLING: Sure
18 (Discussion off the record)
19 Q You mentioned two locations and one hospital
20 you are working out of currently, right?
21 A Yes
22 Q What are those locations?
23 A Euclid and Old Brooklyn and Richmond Heights
24 General Hospital
25 Q Are the two facilities, Euclid and old
6
1 Brooklyn, are those operated by American

2 Foot Clinics?

3 A Yes

4 Q Are these the same locations that had been

5 previously operated by Family Foot Care

6 Centers?

7 A Clarify the question

8 Q Sure You haven't given me the address

9 I'm not going to belabor the issue, but

10 the Euclid and the Old Brooklyn locations,

11 are they the same physical locations that

12 were previously operated by Family Foot

13 Care Centers?

14 A Yes, same physical location

15 Q With American Foot Clinics are you an

16 independent contractor or an employee as
17 you understand it?
18 A That question cannot be answered at this
19 specific time That is not clarified at
20 this specific time right now
21
Q Are you in the process of negotiating on
22
that?
23
A Yes Yes
24 As I understand it, Dr Keller is the

25 principal party with American Foot Clinics

7
1 currently?
2 A Yes
3 Q Do you have any professional relationship
4 whatsoever with Dr Goss, Dr Samuel Goss,
5 currently?
6 A Yes
7 Q Do you work on patients together or at the
8 same location, or what exactly is your
9 professional relationship with him?
10 A No Associate
11 Q He is also working at the American Foot
12 Clinic facilities?
13 A At those --
14 MR RE