1 State of Ohio,
S S
2 County of Cuyahoga

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4 IN THE COURT OF COMMON PLEAS

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6 LAURIE SMITH,
Plaint if f ,
VS Case No 76,756
8
CLEVELAND METROPOLITAN
9 GENERAL HOSPITAL, et al,

10 Defendants

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12 DEPOSITION OF KINGSBURY G HEIPLE, MD

13 Thursday, September 10, 1987

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15 The Deposition of KINGSBURY G HEIPLE, MD, a

16 witness called by the Plaintiff pursuant to the Ohio
Rules of Civil Procedure, taken before me, Robert A
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18 Cangemi, a Notary Public within and for the State of

19 Ohio, by agreement of counsel and without further

20 notice or other legal formalities, at University
Hospitals of Cleveland, Cleveland, Ohio, c
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2 2 at 12: 00 o Iclock noon, on the day and d ate above set

23 forth

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1 APPEARANCES:

2 On behalf of the Plaintiff:

3 Weisman, Goldberg, Weisman & Kaufman
Richard Berris, Esq
540 Leader Building
4 Cleveland, Ohio 44114

5 On behalf of Defendant Metropolitan General Hospital:

6 Reminger & Reminger
John R Irwin, Esq

7 The 113 Building
Cleveland, Ohio 44114

8 On behalf of Defendant Mary B Matejczyk, MD:

9 Jacobson, Maynard, Tuschman & Kalur
Robert C Maynard, Esq
10 100 Erieview Plaza - 14th Floor
Cleveland, Ohio 44114

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12 ALSO PRESENT:

13 Mary B Matejczck, MD

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1 KINGSBURY G HEIPLE, MD
2 called by the Plaintiff for examination under the
3 Ohio Rules of Civil Procedure, having been first duly
4 sworn, as hereinafter certified, was examined and
5 deposed as follows:
6 CROSS-EXAMINATION
7 BY MR  BERRIS:
8 Q State your full name
9 A Kingsbury Grall Heiple
10 Q And you are a medical man, a physician?
11 A I am a physician
12 Q Doctor, I am going to ask you questions about
13 your review of various records relating to the matter
14 of Laurie Smith versus Cleveland Metropolitan General
15 Hospital and Dr Matejczyk
16 A Okay
17 Q If you don't understand any of my qlestions,
18 or you feel that I should make the question clearer,
1 9 please let me know and I will try to do that for you,
20 okay?
2 1 A  F i n e 
22 Q I will assume that if you answer my question,
23 you have done so because you understood the question,
24 is that fair?
25 A Correct
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1 Q Could you describe your relationship with Dr
2 Matejczyk?
3 A I am Chairman of the Department of Orthopedic
4 Surgery at Case Western Reserve University School of
5 Medicine, and as such I am her academic supervisor,
6 in terms of her appointment as an assistant professor
7 of orthopedic surgery in the School of medicine
8 I am the senior member and President of the
9 orthopedic group, that is, the co-existent private
10 practice group of which she is a member, that runs
11 the orthopedic Departments of Metropolitan General
12 Hospital, the Cleveland Veterans Administration
13 Hospital and University Hospitals of Cleveland
14 Q All right
15 And that private group would be University
16 Orthopedic Associates, Inc, is that the full name?
1 7 A  R i g h t 
18 Q Would it be fair to describe your relationship
19 with Dr Matejczyk in that organization, University
20 Orthopedic Associates, Inc, as partners?
21 A I would be her senior partner, althDugh it is
22 not a partnership
23 Q It is a professional corporation?
24 A It is a professional corporation
25 Q What records did you review in prepiration for
1 your testimony today?
2 A I have seen a number of things, including an
3 affidavit of Dr Matejczyk that was made sometime
4 back  This one was made the 3rd of September, 1983
5 I have also at least scanned a number of
6 depositions that were taken
7 Q Are you able to tell me what depositions you
8 have reviewed?
9 A Oh, there were at least three of them, so I
10 would not be able to tell you by specifics
11 MR BERRIS: Maybe Mr Maynard
12 can help us
13 MR MAYNARD: Do you recall that
14 you scanned a portion of Dr Imbembo's
15 deposition?
16 THE WITNESS: Correct
17 MR MAYNARD: And you scanned a
18 portion of Dr Harry Figgie's deposition?
19 THE WITNESS: Correct
20 MR MAYNARD: I think you
21 scanned a portion of -- I am just trying to
22 think which ones I had there that day, Harry
23 Figgie, Dr Imbembo --
24 THE WITNESS: Maybe tie third
25 document was the chart itself
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1 MR MAYNARD: I thinR I hid a
2 third deposition
3 Let the record show I didn' physically
4 deliver Xerox copies, as we so frequently do
5 Dr Heiple reviewed my copies, and then I took
6 them back
7 THE WITNESS: Right
8 MR MAYNARD: So we have no
9 litany of exactly what he has reviewed, but he
10 has reviewed the pertinent portions of -- and
11 he can tell you what he regards as pertinent
12 portions of the hospital record, Dr
13 Katejczykls affidavit, Dr deWolfel
14 deposition -- do you recall that?
15 THE WITNESS: Correct
16 MR MAYNARD: The opinion
17 testimony and Dr deWolfe's testimony; did you
18 review that?
19 TH