State of Ohio,

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County of Mahoning.



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IN THE COURT OF COMMON PLEAS

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DARRYL R. MERKEL,

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Plaintiff, Case No. 87-CV-1860

VS.

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ATHANASIOS D.KASAMIAS, M.D.,

Defendant.




DEPOSITION OF JAMES BRODELL, M.D.

FRIDAY, DECEMBER 9, 1988

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i5 The deposition of James Brodell, M.D., a witness herein,

called by the plaintiff for examination under the Ohio

Rules of Civil Procedure, taken before me, Ivy J. Gantverg,

1-1@ Registered Professional Reporter and Notary Public in and

19 for the State of Ohio, by agreement of counsel, and without

20 further notice or other legal formalities, at

21 2614 East Market Street, Warren, Ohio, commencing at

22 5:00 P.M., on the day and date above set forth.

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Morse, Gantverg &Hodge
Registered Professional Reporters
750 Leader l3nilding, Cleveland, Ohio 44114
216-771-3350

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Morse, Gantverg & Hodge
Registered Professional Reporters
750 Lcader Buildmg, Clcuelaird, Ohio 44714
216-771-3350

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APPEARANCES:

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On behalf of the Plaintiff:

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Howard Mishkind, Esq.

4 Weisman, Goldberg, Weisman & Kaufman

540 Leader Building

5 Cleveland, Ohio 44114


On behalf of the Defendant:
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7 Marshall D. Buck, Esq.

Comstock, Springer & Wilson

8 926 City Centre One

P. 0. Box 6306

9 Youngstown, Ohio 44501



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21 Morse, Gantverg & Hodge

Registered Professiorial Reporters

750 Leader Biiildmg, Clevelmid, Ohio 44114

216-771-3350

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JAMES BRODELL, M.D.
2 a witness herein,called by the plaintiff for examination
3 under the Rules, having been first duly sworn, as hereinafter
4 certified, was deposed and said as follows:
5 CROSS-EXAMINATION
6 BY MR.  MISHKIND:
7 Q. Would you state your name, please?
s IL James David Brodell.
9 Q. Dr. Brodell, do you have a CV, a curriculum vitae?

A. Yes.

Q. Do you have it accessible?

12 k Yes. It is coming.
I,: (Thereupon, discussion was had off the

14 record.)

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1. Q. Doctor, you have handed me a curriculum vitae which

16 has a1987 date in the upper left-hand corner.

IT Offhand, can you tell me whether there are any

18 additions or deletions that should be made by way of publica-

19 tions or professional associations?

20 A. Nothing major.

21 Q. Can you think of any articles that you have written

22 that aren't reflected?

23 A. I don't think so.

24 Q. What hospitals are you affiliated with?

25 A. The majority of my clinical time is spent at Trumbull
Morse, Gantverg & Hodge
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750 Leader Bwldiiig, Clevelatid, 01no 44114
216-771-3350

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I Memorial Hospital, which is a community hospital just down

2 the road from here.

3 I also have consulting privileges at St. Joseph's

4 Riverside Hospital, another community hospital; privileges

5 at a couple of Youngstown Hospitals, but I rarely, if ever,

6 go over there; and I have sort of a ceremonial consulting

type appointment up at University Hospitals in Cleveland.

Q. What type of position is that up at University

9 Hospitals?

11) A. I am considered to be an assistant clinical professor

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I of orthopedics, so going along with that is a privilege at

12 University Hospitals, which I think I would be considered to

11 have courtesy privileges.
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14 Q. Your practice here in the Warren area, is it
I." general orthopedic surgery?

16 A. Yes.



': 'o you have any area of specialization within the

area of orthopedic surgery?

A. I have an interest and spend quite a bit of time on

20 sports-related matters, but I handle the broad spectrum.

21 So as you mentioned, I think a general orthopedic practice

22 would be appropriate.

.r, Q. In your curriculum vitae and the publications

24 referenced in there, I don't see any specific writings that

25 would pertain to anterior cruciate ligament injuries; is that
Morse, Gantverg & Hodge
Registereii Professimial Reportei's
750 Leadei- Bitilding, Cleveland, Oluo 44114
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correct?

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A. Yes.

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Q. Have you written anything that might not be reflected

J._n your CV pertaining to anterior or posterior cruciate

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ligament injuries?

A. No.

Q. Or any disruption of the anterior or the posterior

cruciate ligaments?

9 A. No.

10 Q. Have you written anything relative to osteogensis

11 imperfecta?

12 A. No.

Q. Doctor, in your practice as an orthopedic surgeon,

14 have you been called on in the past, other than this case,

15 to review medical negligence claims?

16 A. Yes.

17 Q. Excluding this case, for the