1
                IN THE COURT OF COMMON PLEAS
                   OF SUMMIT COUNTY, OHIO
     
     
     BETTY PANELLA, et al,
                 Plaintiffs,
           vs                            Case No
     SUMMA HEALTH SYSTEM, et al,          2002 05 2783
                 Defendants
     
     
                         ~ ~ ~ ~ ~
                 Telephonic deposition of DAVID C 
     BRANDON, MD, called for examination under the 
     statute, taken before me, Michelle A Bishilany, 
     RDR/CRR and Notary Public in and for the State of 
     Ohio, pursuant to notice and stipulations of 
     counsel, at the offices of Hermann, Cahn & 
     Schneider, 500 Erieview Tower, 1301 East Ninth 
     Street , Cleveland, Ohio, on Wednesday, July 30, 
     2003, at 5:22 pm
                         ~ ~ ~ ~ ~
     
     
     

                                                                     2
 1   APPEARANCES:
 2   
 3         On behalf of the Plaintiffs:
 4               Hermann, Cahn & Schneider, by
 5               KENT B SCHNEIDER, ESQ
 6               500 Erieview Tower
 7               1301 East Ninth Street
 8               Cleveland, OH  44114
 9               (216) 781-5515
10   
11         On behalf of the Defendants:
12               Bonezzi, Switzer, Murphy & 
13               Polito, by
14               ANDREW P BUCKNER, ESQ
15               1400 Leader Building
16               526 Superior Avenue
17               Cleveland, OH  44114-1491
18               (216) 875-2058
19                      ~ ~ ~ ~ ~
20   
21   ALSO PRESENT:
22               Karen Caron
23                      ~ ~ ~ ~ ~
24   
25   

                                                                     3
 1               DAVID C BRANDON, MD, of lawful 
 2   age, called for examination, as provided by the 
 3   Ohio Rules of Civil Procedure, being by me 
 4   first duly sworn, as hereinafter certified, 
 5   deposed and said as follows:
 6        EXAMINATION OF DAVID C BRANDON, MD
 7   BY MR BUCKNER:
 8         Q    State your full name for the record 
 9   for me, please  
10         A    David Charles Brandon 
11         Q    Doctor, I have -- you're a 
12   physician, correct? 
13         A    Yes 
14         Q    I have a CV that was faxed to me 
15   two days ago and it's, I think, four pages -- 
16   that's wrong, three pages in length or two and 
17   a half pages in length  Does that sound like 
18   it's the most current one for you? 
19         A    Yes 
20         Q    Tell me how long you've been in 
21   Easton  
22         A    About two years or so, a little 
23   over two years 
24         Q    Is there a hospital in Easton? 
25         A    Yes 

                                                                     4
 1         Q    What's the name of it? 
 2         A    Easton Memorial Hospital 
 3         Q    Do you have privileges there? 
 4         A    No 
 5         Q    Have you applied for privileges 
 6   there? 
 7         A    I was going to go there but I 
 8   didn't go 
 9         Q    Why not? 
10         A    I didn't like the job there as good 
11   as the job that I've already got 
12         Q    Are you with a group or are you 
13   self-employed? 
14         A    I'm self-employed 
15         Q    Do you have a corporate entity that 
16   you use?
17         A    Yes
18         Q    What is the name of your entity? 
19         A    David C Brandon, MD, LLC 
20         Q    Are you insured for malpractice in 
21   the state of Maryland? 
22         A    Yes 
23         Q    By what company? 
24         A    What difference does that make to 
25   you?  

                                                                     5
 1         Q    You just have to answer the 
 2   question, Doctor  It's a legitimate question  
 3         A    No, it's not  It has nothing to do 
 4   with this case 
 5         Q    Well, your counsel or the counsel 
 6   for Mrs Panella asked precisely the same 
 7   question of my expert in Baton Rouge, Louisiana 
 8   who had absolutely no difficulty with the 
 9   answer to it  
10               MR SCHNEIDER:  Well -- 
11         A    I don't really think that my 
12   personal information has anything to do with 
13   this  I don't really care what the other 
14   counsels have been asking other people
15               MR SCHNEIDER:  Well let me just 
16   say, though, on that point:  The reason I asked 
17   that question is because I'm entitled to know 
18   whether the expert witness is insured by the 
19   same entity as a defendant physician and 
20   therefore could have some prejudice  
21               I don't see what the relevance is 
22   of asking an expert witness on beha