1 State of Ohio,
SS:
2 County of Hamilton)
3 - - -

4 IN THE COURT OF COMMON PLEAS

5 - - -
MICHAEL ZWEIGART,
6 A Minor, et al,

7 Plaintiffs,

8 vs Case No A8409606

9 THEODORE STRIKER, MD Judge Winkler

10 Defendant

11
DEPOSITION OF SAMUEL J HORWITZ MD
12 Friday, January 18, 1991

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14 The deposition of SAMUEL J HORWITZ, MD,

15 a witness, called for examination by the

16 Plaintiffs under the Ohio Rules of 'ivil

17 Procedure, taken before me, Diane M, Stevenson,

18 a Registered Professional Reporter nd Notary

19 Public in and for the state of Ohio pursuant to

20 notice and by agreement of counsel, at the

21 offices of Samuel J Horwitz, MD, Rainbow

22 Babies and Cbildrens Hospital, 2101 Adelbert

23 Road, Cleveland, Ohio 44106, commeicing at 6:20

24 pm, the day and date above set fo7th

25 - - -

Diane M Stevenson, RPR, CM
Morse, Gantverg & Hodge

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i @ t , @!,

9",?4

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1 APPEARANCES:

2 On behalf of the Plaintiffs:

3 Howard D Mishkind, Esq
Weisman, Goldberg,
4 Weisman & Kaufman Co, LPA
1600 Midland Building
5 Cleveland, Ohio 44115

6 On behalf of the Defendant:

7 Donald W Darby, Esq
Jacobson, Maynard,
8 Tuschman & Kalur Co, LPA
2240 Meidinger Tower
9 Louisville, Kentucky 4020',

10 ALSO PRESENT:

11 Jon Jastromb

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Diane M Stevenson, RPR, CM
Morse, Gantverg & Hodge

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1 MR MISHKIND: The record

2 should reflect that the plaintiffs n the case

3 of Michael Zweigart, a Minor, et al versus

4 Theodore Striker MD are taking th deposition

5 of Dr Samuel Horwitz

6 Dr Horwitz is an expert calle on behalf

7 of the plaintiff, and Dr Horwitz' eposition is

8 being taken pursuant to notice and or purposes

9 of perpetuating the doctor's testim ny at trial

10 and for use at the arbitration of t is matter

11 and, in fact, that the deposition i pursuant to

1 2 notice

13 To the extent that there are a y defects in

14 notice or service, Mr Darby, would you

15 accommodate me by waiver of same?

16 MR DARBY: Yes

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Diane M Stevenson, RPR, CM
Morse, Gantverg & Hodge

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1 SAMUEL J HORWITZ, MD

2 A witness, called for examination bl the

3 Plaintiffs, under the Rules, having been first

4 duly sworn, as hereinafter certifie , was

5 examined and testified as follows:

6 DIRECT EXAMINATION

7 BY MR  MISHKIND;

8 Q Good evening, Doctor

9 A Good evening

10 Q Would you please introduce yourself to the

11 ladies and gentlemen of the jury?

12 A My name is Dr Samuel J Horwitz

13 Q Do you have an area of specialization, Doctor?

14 A Yes, I do

15 Q What is that, please?

16 A My area of specialization is pediatric

17 neurology

18 Q Are you affiliated with any hospitals here in

19 the Cleveland area?

20 A Yes

21 Q Would you tell the jury what hospit ls?

22 A I am affiliated with University Hos itals of

23 Cleveland

24 Q Do you hold a position at the hospital here?

2 5 A  Yes

Diane M Stevenson, RPR, CM
Morse, Gantverg & Hodge

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1 Q What is that position?

2 A I am the Chief of the Division of Clild

3 Neurology at Rainbow Babies and Chi drens

4 Hospital of the University Hospital of

5 Cleveland

6 Q Can you generally tell us what a pe iatric

7 neurologist does?

8 A A pediatric neurologist is involved in the

9 diagnosis and care of disorders of he brain,

10 spinal cord, nerves, the nervous sy tem of

11 infants, children and adolescents

12 (Thereupon, Plaintiff's Exhibit 1 was marked

13 for identification)

14 Q Doctor, before the deposition began you were

15 kind enough to provide us with a do ument called

16 your curriculum vitae, and I have @emarked this

17 as Plaintiff's Deposition Exhibit 1

18 I am going to hand this docume t to you at

19 this time and ask you to a look at t and then

20 tell us whether or not that is a co plete and

21 updated curriculum vitae?

2 2 A  It is

23 Q Thank you  For the benefit of the ury, would

24 you tell a little bit about your ed@cational

25 background, where you went to medic 1 school,

Diane M Stevenson, RPR, CM
Morse, Gantverg & Hodge

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1 and you could briefly then lead into your

2 postgraduate training for us, please

3 A I am -a graduate in medicine of the University of

4 Cape Town in Cape Town, South Africa  T was a

5 resident in pediatrics at the University

6 Hospitals of Cleveland from 1962 to 1964, and a

7 fellow in neurology at the Columbia Presbyterian

8 Medical Center in New York City fror 1964 to

9 1 9 6 7 

10 Q Were you born in South Africa, Doctor

11 A Yes, I was

12 Q What city in South Africa?

13 A It wasn't a city, it was a little town called

14 Ficksburg  I think it is on the map, but I

15 haven't checked lately

16 Q When you did first come to the United States?

17 A I came to the United