1            IN THE COURT OF COMMON PLEAS
         2               MONTGOMERY COUNTY, OHIO
         3
         4   CAROLYN TOMAYKO, etc.,
         5   et al.,
         6           Plaintiffs,
         7         VB.                      CASE NO. 96-1171
         8   KETTERING MEMORIAL HOSPITAL,
         9   et al.,
        10           Defendants.
        11
        12             Deposition of LEE D. LEHMAN, M.D., Witness
        13   herein, called by the Defendants for
        14   cross-examination pursuant to the Rules of Civil
        15   Procedure, taken before me, Kathleen W. Phillips,
        16   a Notary Public in and for the State of Ohio,
        17   at the offices of the Montgomery County Coroner,
        18   361 West Third Street, Dayton, Ohio, on Thursday,
        19   September 5th, 1996, at 2:05 o'clock p.m
        20
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                                 MOBLEY REPORMG @222-2259
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          I                     EXHIBITS MARKED                  PAGE
          2   (Thereupon, Defendants' Exhibits A, B, and C
          3   were marked for purposes of identification.)   ..... 15
          4   (Thereupon, Defendants' Exhibits D and E were
          5   marked for purposes of identification.)   .......... 33
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                                  MOBLEY REPoRnNG S@2259
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          1   APPEARANCES:

          2       On behalf of the  Plaintiffs:

          3       By:  Eric Kennedy
                       Attorney at Law
          4            1600 Midland Building
                       Cleveland, Ohio 44115
          5
                  On behalf of the  Defendants:
          6
                       Jenks, Surdyk &  Cowdrey
          7
                  By:  Robert F. Cowdrey
          8            Attorney at Law
                       205 East First Street
          9            Dayton, Ohio 45402

        10    ALSO  PRESENT:

        11             Dr. Bleser

        12

        13                 MR. COWDREY:  Let the record reflect

        14    that this is the deposition of Lee Lehman taken by

        15    the parties pursuant to agreement of counsel as well

        16    as to notice.  I assume we can stipulate to the

        17    court reporter's  qualifications?

        18                 MR. KENNEDY:  Yes.  Are you going to

        19    look at his file?

        20                 MR. COWDREY:  I am basically going to

        21    look at it while I'm questioning him.

        22                 MR. KENNEDY:  When you are done

        23    looking, I will look at it.

        24                 MR. COWDREY:  Would you swear the

        25    witness, please?


                                 MOBLEY REPORTING 513-222-2259

                                                             4

         I                   LEE D. LEHMAN, M.D.
         2   of lawful age, Witness herein, having been first
         3   duly cautioned and sworn, as hereinafter certified,
         4   was examined and said as follows:
         5                    CROSS-EXAMINATION
         6   BY MR.  COWDREY:
         7         Q.     Would you please state your full name
         8   for the record?
         9         A.     Lee Daniel Lehman.  L E H M A N.
        10         Q.     And your business address?
        11         A.     361 West Third Street, Dayton, Ohio.
        12         Q.     And what is your occupation?
        13         A.     I am deputy coroner and forensic
        14   pathologist for Montgomery County.
        15         Q.     How long have you been deputy coroner?
        16         A.     In Montgomery County, since February,
        17   1 9 a 9 .
        18         Q.     And what are your duties as deputy
        19   coroner for Montgomery County?
        20         A.     To investigate deaths that come under
        21   the jurisdiction of the coroner, sudden deaths,
        22   homicides, suicides, any death involving any kind of
        23   mystery, accidental deaths.
        24         Q.     And before you were employed as deputy
        25   coroner with the Montgomery County Coroner's Office,
                              @ MOBL" RF"RTING 513-@nsg
                                                                5

          1   where were you employed?
          2          A.     At the Hamilton County Coroner's
          3   office.
          4          Q.     How long were y