1
 1             IN THE COURT OF COMMON PLEAS
               OF WASHTENAW COUNTY, MICHIGAN
 2   
                               CIVIL DIVISION
 3   
 4   
                               No 01-276NH
 5   BLAINE SULIMAN, et al,
 6            Plaintiffs,
                               DEPOSITION TRANSCRIPT OF:
 7       vs                    MARK BARATZ, MD
 8   ROBERT YOUNG, MD,
    et al,
 9                              DEPOSITION DATE:
             Defendants       August 5, 2003
10                              Tuesday, 4:30 pm
11   
12                              PARTY TAKING DEPOSITION:
                               Plaintiff
13   
14   
                               COUNSEL OF RECORD
15                              FOR THIS PARTY:
                               Robert S Passov, Esq
16                              ATTORNEY AT LAW
                               75 Public Square
17                              Suite 914
                               Cleveland, OH  44113
18                              216-621-7905
19   
20                              REPORTED BY:
                               Anthony Jude Cordova, RPR
21                              Notary Public
                               AKF Reference No AC76672
22   
23   
24   
25   

                                                                     2
 1             DEPOSITION OF MARK BARATZ, MD,
    a witness, called by the Plaintiff for examination,
 2   in accordance with the Michigan Rules of Civil
    Procedure, taken by and before Anthony Jude Cordova,
 3   RPR, a Court Reporter and Notary Public in and for
    the Commonwealth of Pennsylvania, at the offices of
 4   Mark Baratz, MD, 1307 Federal Street, Pittsburgh,
    Pennsylvania, on Tuesday, August 5, 2003, commencing
 5   at 5:15 pm
 6   
                           - - - -
 7   
 8   APPEARANCES:
 9         FOR THE PLAINTIFF:
    Robert S Passov, Esq
10   ATTORNEY AT LAW
    75 Public Square
11   Suite 914
    Cleveland, OH  44113
12   216-621-7905
13             -and-
14   Gregory R Kauffman, MD, Esq
    ATTORNEY AT LAW
15   320 Gold Avenue Southwest, Suite 1218
    Albuquerque, NM  87102
16   505-242-5297
17   
          FOR THE DEFENDANTS:
18   Edward R Stein, Esq
    SMITH HAUGHEY RICE & ROEGGE
19   320 North Main Street, Suite 101
    Ann Arbor, MI  48104
20   734-769-6838
21   
22   
23   
24   
25   

                                                                     3
 1                       * I N D E X *
 2   Examination by Mr Kauffman  - - - - - - - - - -   4
 3   Certificate of Court Reporter  - - - - - - - - -  82
    Errata Sheet - - - - - - - - - - - - - - - - - -  83
 4   
 5                   * INDEX OF EXHIBITS *
 6   Deposition Exhibit 1 - - - - - - - - - - - - - -  76
    Deposition Exhibit 2 - - - - - - - - - - - - - -  76
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                                                                     4
 1                    MARK BARATZ, MD,
 2                  having been duly sworn,
 3          was examined and testified as follows:
 4                          - - - -
 5                        EXAMINATION
 6                          - - - -
 7   BY MR KAUFFMAN:
 8   Q    State your name please
 9   A    Mark Everett Baratz
10   Q    And what is your home address?
11   A    1355 Oakledge Court  That's Pittsburgh, 15241
12   Q    How many times have you been deposed prior to
13         this occasion?
14   A    I don't know
15   Q    Can you give me an estimate?
16   A    50 times
17   Q    And in how many of those 50 occasions were the
18         depositions taken in a medical negligence case?
19   A    Twice
20   Q    And the other depositions were taken in what
21         context?
22   A    Workman's Compensation
23   Q    When we arrived at your office this afternoon,
24         you were in another deposition?
25   A    Yes

                                                                     5
 1   Q    And was that a Workman's Comp deposition?
 2   A    It was
 3   Q    When was the last time you gave a deposition in
 4         a medical negligence case?
 5   A    About 5 or 6 months ago
 6   Q    Were you testifying on behalf of a plaintiff or
 7         a defendant, which one?
 8   A    Defendant
 9   Q    What was the case about?
10   A    It was a case of a nerve that didn't work as
11         well post-operatively as it had worked
12         preoperatively
13   Q    Who took your deposition?
14   A    I don't remember
15   Q    Do you remember the name of the case, the
16         parties?
17   A    I think it was Toft versus Hunkele
18   Q    And where is