0001
 1    IN THE SUPERIOR COURT OF DEKALB COUNTY
 2               STATE OF GEORGIA
 3                    -  -  -
 4   TERREL STRICKLAND and  :
     JEAN STRICKLAND        :
 5   Individually and as    :
     Parents of Bryan       :
 6   David Strickland       :
     (Deceased)             :  Civil Action
 7          v.                  :  File No
     TIMOTHY FLYNN, M.D     :  02-CV-5884-10
 8   PAUL MERLIS, MD, THOMAS:
     STAUTER, PA                 :
 9   GAINESVILLE EMERGENCY  :
     DEPARTMENT SERVICES, PC:
10   EMCARE PHYSICIAN       :
     SERVICES, INC.         :
11   NORTHEAST GEORGIA      :
     MEDICAL CENTER, INC.   :
12   NORTHEAST GEORGIA      :
     HEALTH SERVICES, INC.  :
13                    -  -  -
                September 22, 2003
14                    -  -  -
15                Oral deposition of JAMES
     ROBERTS, M.D., taken pursuant to notice,
16   was held at the Philadelphia Airport
     Marriott, Arrivals Road, Philadelphia,
17   Pennsylvania, commencing at 10:01 A.M.,
     on the above date, before Jacqueline
18   Howard, a Professional Court Reporter
     and Commissioner of Deeds in the
19   Commonwealth of Pennsylvania.
20                    -  -  -
21          ESQUIRE DEPOSITION SERVICES
          1880 John F. Kennedy Boulevard
22                  15th Floor
         Philadelphia, Pennsylvania 19103
23                (215) 988-9191
24   
0002
 1   APPEARANCES:
 2   
 3          WHITMER & LAW
            BY:  JIM WHITMER, ESQUIRE
 4          P.O. Box 1704
            Gainesville, Georgia 30503
 5          (770) 534-2511
            Representing the Plaintiff
 6   
 7   
            WHELCHEL & DUNLAP
 8          BY:  THOMAS M. COLE, ESQUIRE
            405 Washington Street, N.E.
 9          PO Box One
            Gainesville, Georgia 30503
10          Representing Dr. Flynn
11   
12          INSLEY AND RACE
            BY:  BRYNDA RODRIGUEZ INSLEY,
13               ESQUIRE
            Two Midtown Plaza
14          1349 West Peachtree Street, N.W.
            Suite 1450
15          Atlanta, Georgia 30309
            Representing the Defendant
16   
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21   
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22   
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24   
0003
 1                    -  -  -
                     I N D E X
 2                    -  -  -
 3   
     Testimony of:  JAMES ROBERTS, M.D.
 4   
 5       By Mr. Whitmer                    5
 6   
 7   
                      -  -  -
 8                E X H I B I T S
                      -  -  -
 9   
     NO.         DESCRIPTION                     PAGE
10   
     1              Folder                       6
11   2            Folder                         7
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24   
0004
 1                     -  -  -
 2           DEPOSITION SUPPORT INDEX
 3                    -  -  -
 4   
 5   Direction to Witness Not to Answer
 6   Page Line      Page Line          Page Line
 7   None
 8   
 9   
10   Request for Production of Documents
11   Page Line      Page Line          Page Line
12   None
13   
14   
15   Stipulations
16   Page Line      Page Line          Page Line
17   None
18   
19   
20   Question Marked
21   Page Line      Page Line          Page Line
22   None
23   
24   
0005
 1                MR. WHITMER:  We will
 2          stipulate to the usual stipulation
 3          for Georgia which is reserved
 4          objections until such time as the
 5          testimony is offered as evidence
 6          except as to form of the question.
 7                MS. INSLEY:  Unless
 8          something peculiar would happen
 9          during the deposition that would
10          dictate otherwise.
11                    -  -  -
12                JAMES ROBERTS, M.D., after
13          having been duly sworn, was
14          examined and testified as follows:
15                   -  -  -
16   BY MR. WHITMER:
17          Q.    Good morning again, Dr.
18   Roberts.
19          A.    Good morning.
20          Q.    I want to take a quick look
21   if it's okay at the things that you
22   brought with you and that is your of the
23   file of the case, is this it laid out in
24   front of you?
0006
 1          A.    Yes.
 2          Q.    Are these your notes, Dr.
 3   Roberts?  (Indicating.)
 4          A.    Yes, sir.
 5                MR. WHITMER:  Off the
 6          record.
 7                     -  -  -
 8                (Whereupon, an
 9          off-the-record discussion was
10          held.)
11                     -  -  -
12                MR. WHITMER:  Could I mark
13          this folder Exhibit 1, please.
14                     _  _  _
15                (Whereupon, Exhibit No. 1
16          was marked for identification.)
17                     _  _  _
18   BY MR. WHITMER:
19          Q.    Dr. Roberts, is