State of Ohio,
County of Cuyahoga. )	53


IN THE COURT OF COMMON PLEAS


MICOLLE ROSENBERRY,

Plaintiff,
	vs.	) Case No. 390122

DEBORAH IRVINE, DDS, et al.,

Defendants.




THE DEPOSITION OF NICHOLAS FERENCZ, DDS
TUESDAY, JUNE 6, 2000




	The deposition of Nicholas Ferencz, DDS, a
Witness herein, called by the Defendants for
examination pursuant to the Ohio Rules of Civil
Procedure, taken before me, the undersigned, Tracy L.
Barker, a Registered Merit Reporter and Notary Public
within and for the State of Ohio, taken at the offices
of Traci & Marx, 1550 Illuminating Building, Cleveland,
Ohio, commencing at 2:15 p.m., the day and date above
set forth.


CADY & WANOIJS REPORTING sEnuleEs, INC.
55 PUBLIC SQUARE

1225 ILLUMINATiNG BUILDING
CLEVELAND, OfflO 44113
(216) 861-9270

APPEARANCES:


On behalf of the Plaintiff

Robert V. Traci, Esq
Traci & Marx
1550 Illuminating Building
55 Public Square
Cleveland, Ohio 44113


On behalf of the Defendants:

Ronald A. Mingus, Esq.
Reminger & Reminger Co., LPA
The 113 St. Clair Building, Seventh Floor
Cleveland, Ohio 44114


































Cady & Wanous Reporting Services, Inc.

3



DEPOSITION INDEX OF NICHOLAS FERENCZ, DDS
EXAMINATION BY:	PAGE NO.
MR. MINGUS	    4
EXHIBIT NO.		PAGE NO.

A	. 85
B 89
































Cady & Wanbus Reporting Services, Inc.

4
	1		  + NICHOLAS FERENCZ, DDS
	2		  of lawful age, called by the Defendants for
	3		  examination pursuant to the Ohio Rules of Civil
	4		  Procedure, having been first duly sworn, as
	5		  hereinafter certified, was examined and
	6		  testified as follows;
	7		    EXAMINATION OF NICHOLAS FERENCZ, DDS
	S	 BY MR.. MINGUS:
	9	 Q	  Could you state your full name for the record,
	10		  please.
	11	A	+ Yes. First name is Nicholas, N-I-C-H-O-L-A--S,
	12		  last name, Ferencz, F—E--R-E-N-C-Z.
	13	 Q	  And Dr. Ferencz, my name is Ron Mingus and I
	14		  represent Dr. Irvine and American Dental Centers
	15		  in a case that's been brought by Micolle
	16		  Rosenberry.
	17		+ Have you ever had your deposition taken
	18		  before?
	19	+ A	  Pertaining to this case?
	20	Q	  Pertaining to any case. +
	21	A	  Okay. + Yes, I have.
	22	Q	  Approximately how mahy times?
	23	A	  I can't remember. Maybe as many as 10, 12.
	24	Q	+ Okay. So you're a little bit familiar with the
	25		  procedure? +



Cady & Wanous Reporting Services, Inc.

S
		A	Yes. A little bit
	2	Q	A couple simple ground rules to keep in mind
	3		before we start. The first one, all your
	4		answers have to be verbalized into words because
	5		the court reporter can't take down nods of the
	6		head or gestures. Or if I ask you a question,
	7		if, foi~ whatever reason, you can't understand,
	8		let me know and I'll be happy to repeat or
	9		rephrase it for you.
		A	Understood.
	11	Q	Those 10 or so prior depositions that you've
	12		had, what sort of matters were involved?
	13	A	Dental.
	14	Q	Dental malpractice lawsuits?
	15	A	Assaults, malpractice, accidents.
	16	Q	Where's your business address?
	17	A	24~00 Chagrin BcDutevard, Number 107. That's in
	18		Beachwood.
	19	Q	And how long have you practiced at that address?
	20	A	Ten years.
	21		And do you practice alone?
	22	A	Alone.
	23	Q	You have a curriculum vitae,, Doctor?
	24	A	Please?
	25	Q	Do you have a curridulum vitae?



Cady & Wanous Reporting Services, Inc.

6
	1	A		Yes.
	2	Q		If you would please give a copy to Mr. Traci.
	3			           MR. MINGUS: And then Bob, if
	4			you could forward a copy to me.
	5			           MR. TRACI: That's fine. No
	6			problem.
	7	A		Understood.
	8			Okay. Doctor, are you a general dentist?
	9	A		Correct..
	10	Q		Could you describe your practice for me, please?
	11			     Well, let me ask you this way. what
	12			procedur6s do you do and what-procedures do you
	13			not do? -
	14	A		I do approximately all 6f the procedures that
	15	-		general dentist is entitled to. That would be
	16		-	prosthetic service, crowns and bridges,
	17			restorations, extractions, root canals, endo.
	18	Q		Okay. Are there any procedures you do not do?
	19			Implants.
	20	Q	 -	Do you do all your own root canals yourself or
	21			do you refer those?
	22	A		Probably ,a large majority, I would say about 85
	23	-		to 90 percent.
	24	Q		You do yourself?
	25	A		Yes. -



- Cady & Wanous Reporting Services, Inc.

7


	1	Q	Okay. You referred Micolle Rosenberry to Dr.
	2		Katz for the root canal on her tooth?
	3	A	That's cprrect.
	4	Q	Where was that?
	5	A	Second molar, difficult to getto.
	6	Q	Do you generally refer out second molar root
	7		canals to specialists?
	8	A	Yes.
	9	Q	Have you ever been a party to a malpractice
	10		lawsuit?
	11	A	No.
	12		           MR. TRACI; Objection.
	13	Q	Have you ever given testimony as an expert in a
	14		malpractice case?
	15	A	Yes.
	16	Q	How many times?
	17	A	I can't -- I can't give you an answer. I can
	18		only say to you I've been involved in
	19		approximately -- I'm trying to think. This is
	20		over a spanof 20 some years, and Idon