1
 1    STATE OF NEW MEXICO
                      COUNTY OF SANTA FE
 2                  FIRST JUDICIAL DISTRICT
 3   JOHN BLACK, representative of his
    mother, CHELLYN BLACK,
 4   
              Plaintiff,
 5   
         vs                 CAUSE NO D-101-CV-2006-0000787
 6   
    MURRAY C SOKOLOFF, MD, and
 7   JOHN D BECKER, MD d/b/a/
    ELDORADO FAMILY PRACTICE,
 8   
              Defendants
 9   ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
10                       DEPOSITION OF
11                   KEITH E MILLER, MD
12                        May 30, 2008
                          1:15 pm
13   
                        Marriott Hotel
14              18700 John F Kennedy Boulevard
                         El Paso Room
15                       Houston, Texas
16      Lucy Johnston, CSR in and for the State of Texas
17   
18   
19   
20   
21   
22   
23   
24   
25   

                                                                     2
 1                                   APPEARANCES
 2           
 3           FOR DEFENDANT JOHN D BECKER, MD D/B/A ELDORADO
 4           FAMILY PRACTICE:
 5           MCCLAUGHERTY & SILVER, PC
 6           JOE L MCCLAUGHERTY, ESQUIRE
 7              55 Old Santa Fe Trail
 8              Santa Fe, New Mexico  87501-209
 9              (505) 988-8804
10           
11           FOR THE PLAINTIFF:
12           COPPLER & MANNICK, PC
13           PAUL D MANNICK, ESQUIRE
14              645 Don Gaspar Avenue
15              Santa Fe, New Mexico  87501
16              (505) 988-5656
17           
18           FOR DEFENDANT MURRAY C SOKOLOFF, MD:
19           SIMONS & SLATTERY, LLP
20           DANA SIMMONS HARDY, ESQUIRE
21              1660A Old Pecos Trail
22              Santa Fe, New Mexico  87505
23              (505) 988-5600
24           
25           

                                                                     3
 1          Deposition of Keith E Miller, MD
 2                     May 30, 2008
 3                     (Defendant's Exhibit-A-thru-C
 4           marked)
 5                     KEITH E MILLER, MD, having been
 6           first duly sworn, testified as follows:
 7              EXAMINATION
 8              BY-MRMCCLAUGHERTY:
 9              Q     Would you state your name, please
10              A     Keith, K-E-I-T-H, Miller, MD
11              Q     Dr Miller, my name is Joe
12           McClaugherty  We've been introduced off the
13           record, but on the record I represent Dr
14           Becker in the lawsuit in which you've been
15           identified as an expert witness for the
16           plaintiff  So you're aware of my status, are
17           you not?
18              A     Yes
19              Q     Dr Miller, we had provided a
20           notice of deposition duces tecum in this
21           matter, and we're going through those
22           documents  But before we do, even though I
23           can tell from your list of cases you've given
24           many depositions, I want to go through and
25           make sure you understand the deposition as

                                                                     4
 1           the way I view it
 2                     First, do you understand that the
 3           oath you've just taken, even though we're
 4           here informally in Texas and the judge and
 5           jury aren't present, is the same oath that
 6           you would take at trial, and the fact that
 7           we're here more informally doesn't diminish
 8           the importance of the oath?
 9              A     Yes
10              Q     Because you are under oath, I
11           don't want you to guess or speculate or
12           answer any question of mine that's not clear 
13           Do you understand that?
14              A     Yes
15              Q     So if I ask you a question that
16           would cause you to guess or speculate as to
17           which you're not clear, then I'll expect you
18           to let me know that fact so I can rephrase
19           the question  All right?
20              A     Yes
21              Q     If you don't do that, I'm going to
22           assume you've understood my question  Is
23           that fair?
24              A     Yes
25              Q     All right  Dr Miller, in the

                                                                     5
 1           duces tecum we asked for a copy of your most
 2           current curriculum vitae And I believe that
 3           you've brought with you what I've marked for
 4           identification as Exhibit D to your
 5           deposition
 6                     (Defendant's Exhibit-D&E marked)
 7              Q     (BY MR MCCLAUGHERTY) And l