1	COMMON PLEAS COURT
	2	 GUERNSEY COUNTY
	3	   STATE OF OHIO
	4

5
	6	LINDA NEFF, ADMINISTRATRIX
		OF THE ESTATE OF
	7	RICHARD NEFF,
	8	PLAINTIFF,
	9	VS	:	CASE NO 96-CV—432
				JUDGE ELLWOOD
	10	RICK E COX, DC, ET AL,
	11	DEFENDANTS

12

13
	14	   DEPOSITION OF
	15	SAMUEL J KIEHL, MD
	16	   JULY 21, 1999
	17
	18
	19
	20

21

22
		E & A REPORTING SERVICE, INC
	23	   915 SOUTH FRONT STREET
		   COLUMBUS, OHIO 43206
	24	       (614) 445—6300

2




	2	             DEPOSITION OF SAMUEL J KIEHL, MD, A
	3	WITNESS CALLED BY THE DEFENDANTS AS IF UPON CROSS-
	4	EXAMINATION, TAKEN BEFORE ME, MISTIANN OCANAS, A
	5	NOTARY PUBLIC WITHIN AND FOR THE STATE OF OHIO, AT
	6	THE OFFICES OF THE DEPONENT, 4619 KENNY ROAD,
	7	COLUMBUS, OHIO 43220, COMMENCING AT 3:05 PM, SAID
	8	DEPOSITION TAKEN PURSUANT TO THE STIPULATIONS
	9	HEREINAFTER SET FORTH
	10
	11	APPEARANCES:
	12	             ROBERT V TRACI, ESQ, OF THE LAW FIRM
	13	OF TRACI & MARX, 55 PUBLIC SQUARE, SUITE 1550,
	14	CLEVELAND, OHIO, 44113, APPEARING ON BEHALF OF THE
	15	PLAINTIFF
	16	             THEODORE M MUNSELL, ESQ, OF THE LAW
	17	FIRM OF LANE, ALTON & HORST, 175 SOUTH THIRD STREET,
	18	COLUMBUS, OHIO 43215, APPEARING ON BEHALF OF
	19	DEFENDANTS DR HOJAT, DR MUNRO, AND HOLZER CLINIC
	20	             JAMES S OLIPHANT, ESQ, OF THE LAW FIRM
	21	OF PORTER, WRIGHT, NORRIS & ARTHUR, 41 SOUTH HIGH
	22	STREET, COLUMBUS, OHIO 43215, APPEARING ON BEHALF OF
	23	DEFENDANT RICK E COX, DC
	24

3


	1	APPEARANCES (CONT'D):
	2
	3	             GWEN S KARR, ESQ, OF THE LAW FIRM OF
	4	REMINGER & REMINGER, SOUTH HIGH STREET, COLUMBUS,
	5	OHIO 43215, APPEARING ON BEHALF OF DEFENDANT HOLZER
	6	MEDICAL CENTER
	7
	8
	9
	10
	11
	12
	13
	14
	15
	16
	17
	18
	19
	20
	21
	22
	23
	24

	1	STIPULATIONS

2

3	IT IS AGREED AND STIPULATED BY AND AMONG
	4	COUNSEL FOR THE RESPECTIVE PARTIES HEREIN THAT THIS
	5	DEPOSITION MAY BE TAKEN IN SHORTHAND BY MISTIANN
	6	OCANAS, WHO MAY LATER, OUT OF THE PRESENCE OF THE
	7	WITNESS, TRANSCRIBE OR CAUSE SAID SHORTHAND NOTES TO
	8	BE TRANSCRIBED; THAT THE FORMALITIES AS TO THE TIME
	9	AND PLACE OF THE TAKING OF THE DEPOSITION ARE BY
	10	AGREEMENT OF COUNSEL; AND THAT THE QUALIFICATIONS OF
	11	THE OFFICER BEFORE WHOM TAKEN SHALL BE EXPRESSLY
	12	WAIVED
	13
	14
	15
	16
	17
	18
	19
	20
	21
	22
	23
	24

5


	1	~	TABLE OF CONTENTS

2
	3	EXAMINER	      TYPE	PAGE
	4	MR MUNSELL	CROSS-EXAMINATION	6
	5	MR OLIPHANT	CROSS-EXAMINATION	49
	6	MS KARR	CROSS-EXAMINATION	51
	7	MR MUNSELL	FURTHER CROSS-EXAMINATION	52
	8
	9
	10
	11
	12
	13
	14
	15
	16
	17
	18
	19
	20
	21
	22
	23
	24

6


	1	THEREUPON,
	2		    SAMUEL J~ KIEHL, MD
	3		BEING BY ME FIRST DULY SWORN,
	4		AS HEREINAFTER CERTIFIED,
	5		TESTIFIES AS FOLLOWS:
	6	CROSS-EXAMINATION
2
	7	BY MR MUNSELL:
	8		 Q	LET'S BEGIN BY STATING YOUR FULL NAME
	9		A	SAMUEL 3 KIEHL
	10		 Q	AND WHAT IS YOUR CURRENT OFFICE ADDRESS?
	11		A	I'M SORRY?
	12		 Q	WHAT IS YOUR CURRENT OFFICE ADDRESS?
	13		A	4619 KENNY ROAD, COLUMBUS, OHIO 43220
	14		 Q	AND THIS IS AN OFFICE BUILDING? DO YOU
	15	SEE PATIENTS HERE OR ANYTHING LIKE THAT, DR KIEHL?
	16		A	I SEE SOME PATIENTS HERE I TAKE CARE
	17	OF THE MORMON MISSIONARIES IN THIS AREA, SO WHEN THEY
	18	GET SICK, I HAVE THEM COME HERE
	19		 Q	BESIDES THE MORMON MISSIONARIES, DO YOU
	20	SEE ANYONE ELSE HERE?
	21		A	WELL, I'VE DONE A COUPLE YOUTH PHYSICALS
	22	FOR ATHLETICS I DON'T -- THIS IS NOT -- I DON'T DO
	23	PATIENTS HERE AS A RULE, BUT I MEAN I'VE DONE -- I
	24	DO --	WHEN I'M HERE •AND I NEED TO DO SOMETHING, I DO

7


	1	IT
	2		Q 	YOUR STAFFS -- OR POSITIONS HAVE CHANGED
	3	SINCE I THINK YOU AND I LAST NET A COUPLE YEARS AGO
	4	WHERE ARE YOU CURRENTLY WORKING?
	5		A 	I'M AN EMERGENCY DOCTOR AT LONDON, OHIO
	6	AT MADISON COUNTY EMERGENCY DEPARTMENT
	7		Q 	AND HOW MANY HOURS ARE YOU AT LONDON
	8	WORKING THERE?
	9		A 	TWENTY-FOUR HOURS A WEEK
	10		Q 	ARE YOU A SUPERVISOR OR EMPLOYEE?
	11	ANOTHER ER DOCTOR LIKE YOU WERE BEFORE?
	12		A 	I'M AN INDIAN
	13		Q 	YOU'RE AN INDIAN AND NO LONGER THE
	14	CHIEF?
	15		A 	THAT'S CORRECT
	16		Q 	ARE YOU STILL AFFILIATED WITH OLENTANGY
	17	EMERGENCY ROOM PHYSICIANS, THE OLD CORPORATION?
	18		A 	THAT'S MY COMPANY
	19		Q 	THAT'S YOUR COMPANY?
	20		A 	AND I STILL HAVE IT IN ADDITION TO
	21	THAT, I ALSO DO PRESURGICAL PHYSICAL EXAMINATIONS AT
	22	RIVERSIDE
	23		Q 	HOW MANY HOURS A WEEK OR A MONTH DO YOU
	24	DO PRESURGICAL PHYSICALS?

8


1	A PROBABLY ABOUT FIVE OR SO A MONTH, FIVE

2	TO TEN A MONTH I'M AFFILIATED WITH THREE OTHER

3	PHYSICIANS WHO -- WE SHARE THAT DUTY

4	Q TWENTY-FOUR HOURS A WEEK YOU'RE AN

5	EMERGENCY ROOM PHYSICIAN, FIVE OR SO HOURS A MONTH

6	YOU DO PRESURGICAL PHYSICALS?
	7	A	RIGHT
3
	8		Q ANY OTHER TIME SPENT PROFESSIONALLY?
	9		A IDO ABOUT EIGHT HOURS A WEEK OF
	10	CONSULTING WORK ON EMERGENCY MEDICINE ISSUES
	11		Q IS THAT WHAT THIS IS?
	12		A YES, THAT'S PART OF THIS
	13		Q OKAY LET'S BREAK DOWN THIS CONSULTING
	14	WORK	HOW MUCH OF IT IS WHAT WE CALL MEDICAL-LEGAL?
	15		A