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, D.C., ET AL.,
	11	DEFENDANTS.

12

13
	14	   DEPOSITION OF
	15	SAMUEL J. KIEHL, M.D.
	16	   JULY 21, 1999
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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, M.D., 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 P.M., 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, D.C.
	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.
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	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.
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	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
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6


	1	THEREUPON,
	2		    SAMUEL J~. KIEHL, M.D.
	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