IN THE COURT OF COMMON PLEAS

2 CUYAHOGA COUNTY, OHIO

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4 TODD WESTFALL *130536

5 V.

6 THE CLEVELAND
CLINIC FOUNDATION
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10 December 28, 1988

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12 Oral deposition of BRIAN G. McAIAR M.D.,

13 held at the United Airlines Terminal, Ph d'
41a elphia

14 International. Airport, The Red Carpet Room,

15 Philadelpnia, Pennsvivania, commencing at 6:39
p.m.,

16 on the above date, transcribed by Teresa M. saver,

17 a Registered Professional Reporter - Commissioner In

is the Countv of ?hiladelmhia.

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22 XRAUSS.  KATZ & ACKERMAN, INC.
Legal Support Services
23 4th Floor, Robinson Building
42 South 15th Street
24 PhiladelDnia, Pennsylvania 19102-2442
(215) 986-9191


KRAUSS, KATZ & ACKERMAN, INC.

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A P ? E A R A X C Z S

2 HOWARD D. MISHKIND, ESQUIRE
540 Leader Building
3 Cleveland, Ohio 44114
Counsel for the Plaintiff
4
ARTER & HADDEN
5 BY: GEORGE GORE, ESQUIRE
1100 Huntington Building
6 Cleveland, Ohio 44115
Counsel for the Defendant
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KRAUSS, KATZ ACKERMAN, INC.

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2 N D E x
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4 WITNESS PAGE NO.
5 Brian G. McAlary, M.D.
6 By Mr. Gore 5
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KRAUSS, KATZ ACKERMAN, INC.@
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1 MR. GORE: Let the record sh  Iw that
2 this will be a discovery deposition taken of Dr.
3 McAlary.  He has been listed as an expert witness
4 for the plaintiff.  Present today from the firm of
5 Krauss, Katz & AcKerman is Mr. Geoffrey LOCk in, who
6 is recording this deposition on-some audio r cording
7 equipment.  I hac, specifically requested and by
a ;etter of November 29th had arranged for a
9 stenographer reporter but no reporter is her no
;O stenographer reporter Is here.
11 am specifically request@ing
12 complete transcript of this deposition to be
13 delivered to me by january 10th and I will d scuss
14 with Mr. Ackerman the failure of the appPira ce of a
15 stenographer reporter.
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17 (It is nerebv stipulated and agreed by
is and between counsel that signing, ealin@
19 filing and certification are waive:; and
20 that all objections, except as to tho for
21 of auestions, be reserved until the time f
22 trial.)
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24 EXAMINATION

KRAUSS, KATZ & ACKERMAN, INC.[
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McAlary



2 BY MR. GORE:

3 Q. Dr. McAlary, have you given depooltions

4 before?

5 A. Yes, : nave.

6 Q. You know the procedures, basical4y.  Let me

7 ask if -- weil, we have received from M  Mi hk1nd a

8 report dated May 23rd, 1988, whi