IN THE COURT OF COMMON PLEAS

                                FRANKLIN COUNTY,  OHIO

                JUDITH A. SARNOVSKY, et al.,

                                 Plaintiffs,

                        VS.                          No. 85-CV-02-905

                SNYDER, EVANS & ANDERSON, INC.,
                et al.,

                                 Defendants.
                --------------------------------




                                 Scottsdale, Arizona
                                      May 1, 1989
                                       5:20 P.M.




                     DEPOSITION OF JAMES E. BERTZ, D.D.S., M.D.








                                        LEA, BLEEKER, SHERMAN & HABESKI
                                      Registered Professional Reporters
                                           111 West Monroe, Suite 404
                                               Phoenix, AZ 85003
                                                  (602) 257-8514


                 Prepared for:
                 COMMON PLEAS COURT

                  (original)     Reported by:  Darlene D. Reimer, RPR

                             LEA, BLEEKER, SHERMAN & HABESKI

                                                                         2
                                       I N D E X
           2
           3    EXAMINATION BY
           4    Mr. Kaufman    . . . . . . . . . . . . . . .        3
           5
           6
           7
           8
           9     EXHIBITS
           10      None marked.
           11
           12
           13
           14
           15
           16
           17
           18
           19
           2 0
           21
           2 2
           2 3
           2 4
           2 5
                             LEA, BLEEKER, SHERMAN & HABESKI
                                                                     3


                   DEPOSITION OF JAMES E. BERTZ, D.D.S., M.D.,

          2

          3     taken at 5:20 P.M. on May 1, 1989, at 7540 E. Sixth

          4     Avenue, Scottsdale, Arizona, before Darlene D.

          5     Reimer, a Notary Public in and for the County of

          6     Maricopa, State of Arizona.

          7

          8     APPEARANCES:

          9            For the Plaintiff:
                           Weisman, Goldberg, Weisman & Kaufman Co.
          10               by MR.  PAUL M. KAUFMAN

          11           For the Defendants:
                           MR. DANIEL R.  FREYTAG
          12               Attorney at Law

          13
                                                Scottsdale, Arizona
          14                                    May 1, 1989
                                                5:20 P.M.
          15

          16               JAMES E. BERTZ, D.D.S., M.D.,

          17    called as a witness herein, having been first duly

          18    sworn, was examined and testified as follows:

          19

          20                        EXAMINATION

          21    BY MR.  KAUFMAN:

          22           Q.    Just for the record, sir, would you

          23    state your full name, please?

          24           A.    James E. Bertz, B-e-r-t-z.

          25           Q.    And you are Dr. Bertz?


                           LEA, BLEEKER, SHERMAN & HABESKI

                                                                    4
          1            A     Yes, sir.
          2                  My brother is also Dr. Bertz.
          3            Q-    Your brother is also Dr. Bertz?
          4            A.    Correct.
          5            Q.    You are a Dr. Bertz, an M.D. Dr. Bertz,
          6     and Dr. Bertz, a dentist Dr. Bertz?
          7            A.    That's right.
          8            Q.    Dr. Bertz, have you ever been involved
          9     in a deposition setting before?
          10           A.    Yes, sir.
          11           Q.    So you have some idea --
          12           A.    Did you want a CV?
          13           Q.    I have a CV.
          14           MR. FREYTAG:  I gave him a CV.
          15           Q.    BY MR.  KAUFMAN:  You have some idea of
          16    what the protocol involved is in a deposition?
          17           A.    In Arizona, yes, sir.
          18           Q.    Well, if it varies any from what we
          19    understand it to be, you can let me know.
          20                 I'm going to ask you some questions.  if
          21    at any time I ask you anything that is not clear to
          22    you or is garbled or messed up in some way, please
          23    don't try to answer the question.  Let me know and
          24    I'll try to clarify for you or restate the question,
          25    and we can even have the court reporter read it back
                           LEA, BLEEKER, SHERMAN & HABESKI