1	 IN THE COMMON PLEAS COURT OF GUERNSEY COUNTY, OHIO
	2
	3	 LINDA NEFF, ADM OF THE
	4	 ESTATE OF RICHARD NEFF,
	5	        PLAINTIFF,
	6	   -vs- ) CASE NO 96CV432
	7	 RICKE COX, DC, ETAL,)
	8	        DEFENDANTS
	9
	10
	11	        DEPOSITION of DR RONALD J FARABAUGH, a Witness
	12	herein, called by the Plaintiff for examination under the
	13	statute, taken before me, Debbie M Bobo, Registered
	14	Professional Reporter, Notary Publió in and for the State
	15	of Ohio, pursuant to the stipulations of counsel
	16	hereinafter set forth at 2879 East Dublin-Granville Road,
	17	Columbus, Ohio, on Thursday, September 30, 1999, beginning
	18	at 9:10 am
	19

20

21	TAHYI VIDEO & COURT REPORTING, LTD
	334 Main Street
	22	Zanesv±lle, Ohio 43701
	(800) 526-6508
23

24

25


TAHYI VIDEO & COJJRT REPORTING, LTD (800)526-6508 (740)454-7157

2

APPEARANCES:

2	ON BEHALF OF THE PLAINTIFF:

3
James A Marx, Esq
4	TRACI&MARX
55 Public Square
5	Suite 1550
Cleveland, Ohio 44113
6

7	ON BEHALF OF THE DEFENDANTS:

8	(Rick E Cox, DC)
		James S Oliphant, Esq
	9	PORTER, WRIGHT, MORRIS & ARTHUR
		41 South High Street
	10	Columbus, Ohio 43215

11	(Hoizer Medical Center)
Brant E Poling, Esq (on the phone)
12	REMINGER & REMINGER, CO, LPA
505 South High Street
13	Columbus, Ohio 43215

14	(Dr Hojat, Dr Munro, and Holzer Clinic)
Kimberly M Schellhaas, Esq
15	LANE, ALTON & HORST
175 South Third Street
16	Columbus, Ohio 43215

17

18

19

20

21

22

23

24

25


TARYI VIDEO & COURT REPORTING, LTD (800)526-6508 (740)454-7157

	3
	1	STIPIJLATIONS
	2	          It is stipulated by and among counsel for the
	3	respective parties that the deposition of DR RONALD J
	4	FARABAUGH, a Witness herein, called for examination by the
	5	Plaintiff under statute, may be taken at this time by the
	6	Notary and by agreement of counsel without notice or other
	7	legal formality; that said deposition may be reduced to
	8	writing in stenotype by the Notary whose notes may
	9	thereafter be transcribed out of the presence of the
	10	witness; that proof of the official character and
	11	qualification of the Notary is waived
	12
	13
	14
	15
	16	                                                  -
	17
	18
	19
	20
	21~	                                               ~
	22
	23
	24

25


TAHYI VIDEO & COURT REPORTING, LTD (800)526-6508 (740)454-7157

4
	1	INDEX OF EXAMINATION
	2		PAGENO
		BY MR MARX	    5
3
	4	INDEX OF EXHIBITS
	5		PAGE NO
		Exhibit 1~	    5
	6	Curriculum vitae
	7	Exhibit 2:	51
		July 20, 1999 letter
	8
		Exhibit 3~	56
	9	September 29, 1999 letter
	10	Exhibit 4	57
		Dr Farabaugh's notes
11

12

13

14

15

16

17

18

19

20~

21 ~

22

23

24

25


TAHYI VIDEO & COURT REPORTING, LTD (800)526-6508 (740)454-7157

	5
l~
	2	         (Plaintiff's Exhibit 1 marked)
	3
	4	              DR RONALD J FARABAUG}I
	5	being by me first duly sworn, as hereinafter
	6	certified, deposes and says as follows:
	7	                    EXAMINATION
	8	BY MR MARX:
	9	Q Doctor, my name is Jim Marx We've met
	10	briefly earlier As I'm sure you know, I'm the
	11	attorney representing the estate of Richard Neff, and
	12	it's my understanding you've been retained as an expert
	13	in this case by Dr Cox's attorneys And I'm here to
	14	ask you some questions today about your background,
	15	your training, the information given to you about this
	16	case, and any opinions you might have concerning that
	17	Okay?
	18	A Okay
	19	Q If I ask you any questions today that you
	20	don't understand or you want clarified, it's important
	21	that you please let me know about it Okay?
	22	A Okay
	23	Q And if you do answer a question, I'm going to
	24	assume that you understood it, if you don't tell me
	25	otherwise Fair enough?


TAHYI VIDEO & COURT REPORTING, LTD (800)526-6508 (740)454-7157

6






A	All right

Q	Okay If you want to take a break, for
whatever reason today, something comes up, getting
tired, that's fine The only thing I would ask is that
you do not request to take a break while a question is
pending Okay?
A	Okay

Q	The only other rules I would ask you to do is,
as you have been, is answering questions verbally,
instead of uh-huh or huh-uh, sO it will be clear on the
record
All right

Can you tell me your full name, please?

Ronald J Farabaugh

And what is your business address here,
Do you also reside in Franklin County?

No I reside in Westerville

What county is that?

Delaware County

Okay Can you tell me your birth date,
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25
A

Q

A

Q
Doctor?
A
Ohio 43231
2879 East Dublin-Granville Road, Columbus,
Q

A

Q

A

Q
please?
A
July 8th, 1958
TAHYI VIDEO & COURT REPORTING, LTD (800)526-6508 (740)454-7157

7










question

Not these days

Fair enough

What's your wife's name?
Connie

And how long have you and Connie been married?

Fourteen years

Any other marriages?
And you have children?
And how old