RICHLAND COUNTY, OHIO
21



Carolyn Rucker Daugherty,

et al.,
4

Plaintiffs,
5

vs. No. 34-506-C
61

Richard C. Harris, M.D.,
7 et al.,




11 Defendants.

91


10


11@ Deposition of DR. HOWARD TUCKER, taken on


12@ cross-examination before William J. Mahan, Registered


13 Professional Reporter and Notary Public within and


14 for the state of Ohio, at the offices of Dr. Howard


15 Tucker, Suite 326, Mt. Sinai Medical Building, 26900


16 edar Road, Beachwood, Ohio, 44122, at 2:00 p.m.,


17 Wednesday, April 16, 1986, pursuant to notice and/or
C

18 stipulations of counsel, by the defendants in this


19 cause.


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21


22


23


24


25

2

I  APPEARANCES:

2 David J. Elk, Esq.
Bond Court Building
3 Cleveland, Ohio 44114

4 on behalf of the Plaintiffs;

Peter P. Zawaly, Jr., Esq.
Jacobson, Maynard, Tuschman & Kalur
6 175 South Third Street
Columbus, Ohio
7@ (614) 224-1323

8@ on behalf of the defendants.

91 - - - -

101 DR. HOWARD TUCKER, called by

the defendants for the purpose of

12 cross-examination, as provided by the

131 Ohio Rules of Civil Procedure, having

14 been first duly sworn, as hereinafter

15 certified, deposed and said as follows:

16 CROSS-EXAMINATION OF DR. HOWARD TUCKER

11 BY MR.  ZAWALY:
I

18 MR. ZAWALY: Let the


19 record show that we are here this

afternoon and we are going to take this
20

21 deposition upon cross-examination in the


22 case of Carolyn Rucker Daugherty versus


23 Drs.  Harris, Shook, Kautz, Baddour


24 and a CRNA by the name of Ruth Friel.

I will be asking you these
25

3
questions as if on cross-examination.

2 Doctor, I will ask that vou

3 make all of your responses to my questions

4 verbally to aid the Court Reporter in

5 recording your responses. If you don't

6 understand any questions I ask you, let

me know and we will attempt to make sure

that there is an understanding because it

91 is extremely important in order for me to

101 discover the facts that I am here to

11 discover today.

12 A. Can I ask you a question?

13 Yes.

14 You gave me the initials after someone's name

15 that I am not familiar with. What was that?

16 Cl That is Ruth Friel, a CRNA, Certified Registered

17 Nurse Anesthetist.

18 A. okay.

19 (I You never heard of that before?

20 A. I have of course heard of Registered Nurses, but

21 I never heard of that before.

22 QL Doctor, would you please state your full name

23 for the record?

24 A. Howard Tucker.

25 Q- Are you a medical doctor?

4


A. Yes, I'm a medical doctor.


QL when did you become a medical doctor?

3 A. 19 4 7 .

41 QL You graduated from what medical school?

5 A. Ohio State.

6
QL And did you do any internship at that time?


A. I had a rotating internship.


where was that?


IL in Cleveland at Mt. Sinai Hospital.


U Do you have a Curriculum Vitae?


A. Not with me.


12 Could you supply one to your attorney?


13 A. Surely.


14 @1 or you can forward that to me.


15 A. Sure.


16 (I Have you prepared for this deposition today,


17 doctor?


18 IL Yes.


19 ti when did you prepare for it?


20 A. Last night. This morning.


21 How much time did you spend last night preparing


22 for it?


23 About two hours. And about two hours today.


24 QL what did that preparation entail last night for



25 two hours?

5


Reviewing a few records that were submitted.

2@
And also some textbooks that I had on the

3
subject.

4 Q@ Could you name those textbooks?


A. Yes, I looked in Merrit's Textbook.  And I looked


in Victor and Adams.  Adams and Victor is the

7 correct name. Those are the authors, Merrit


and Victor and Adams.

91 Q. Can you give me the names of the books?

101 A. one is called Neurology by Merrit and it is edited

11 by Rowe.


121 The other one is called Clinical Neurology


13 by Adams and Victor.


14 Did you make reference to those books or refer to


15 them during the course of your preparation for


161 this deposition because you consider them to be


17 authoritative?


A. No, it was just to.refresh my mind on general


19 principles.


20 QL Do you consider any of these textbooks in the


21 area of expertise that you are going to be


22 testifying in this afternoon to be authoritative?


23 A. No single authority, no.


24 Which books do you rely upon most in your practice



25 of medicine with regard to the issues that are

6

1@ raised in this lawsuit?

9 A. I can't answer that. I don't know.

3 By now, as you can gather, I have been

41 out of medical college since 1947 and I I-Lave

5 gained considerable experience of my own.

6@ OL So you rely a lot upon