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(513) 861-2200 GIGLIO REPORTING SERVICES Page 1 HAMILTON COUNTY MUNICIPAL COURT HAMILTON COUNTY, OHIO

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(513) 861-2200 GIGLIO REPORTING SERVICES Page 1 HAMILTON COUNTY MUNICIPAL COURT HAMILTON COUNTY, OHIO Page 1 HAMILTON COUNTY MUNICIPAL COURT HAMILTON COUNTY, OHIO - - - BETH L. SHEEHAN, : : Plaintiff, : : -vs- : CASE NO. 09CV27353 : MARY L. SALLEE, ET : AL., : : Defendants. : - - - Deposition of WILLIAM AUSTIN ROGERS, DVM, a witness herein, taken by the plaintiff as upon cross-examination pursuant to the Ohio Rules of Civil Procedure and pursuant to Notice Duces Tecum and agreement between counsel as to the time and place and stipulations hereinafter set forth, at the offices of East Hills Animal Hospital, 420 Wards Corner Road, Suite A, Loveland, Ohio, at 6:00 p.m. on Wednesday, October 13, 2010, before Pamela S. Giglio, a notary public within and for the State of Ohio. - - - GIGLIO REPORTING SERVICES Three Cypress Garden Cincinnati, Ohio 45220 (513) 861-2200 GIGLIO REPORTING SERVICES (513) 861-2200 Page 2 1 APPEARANCES: 2 On behalf of the Plaintiff: 3 Susan Marie Gertz, Esq. of 4 Gertz Law Firm 401 Pike Street 5 Reading, Ohio 45215 6 On behalf of the Defendants: 7 Jerome F. Rolfes, Esq. of 8 Smith, Rolfes & Skavdahl Co., LPA 600 Vine Street 9 Suite 2600 Cincinnati, Ohio 45220 10 Also present: Dr. Sallee 11 Dr. Black Dr. Smith 12 Beth Sheehan 13 14 15 16 17 18 19 20 21 22 23 24 GIGLIO REPORTING SERVICES (513) 861-2200 Page 3 1 S T I P U L A T I O N S 2 It is stipulated by and between counsel 3 for the respective parties that the deposition 4 of WILLIAM AUSTIN ROGERS, DVM, a witness herein, 5 may be taken at this time by the plaintiff as 6 upon cross-examination pursuant to the Ohio 7 Rules of Civil Procedure and pursuant to Notice 8 Duces Tecum duly issued and served and attached 9 hereto; that the deposition may be taken in 10 stenotype by the notary public-court reporter 11 and transcribed by her out of the presence of 12 the witness; that the transcribed deposition is 13 to be submitted to the witness for his 14 examination and signature, and that signature 15 may be affixed out of the presence of the notary 16 public-court reporter. 17 - - - 18 19 20 21 22 23 24 GIGLIO REPORTING SERVICES (513) 861-2200 Page 4 1 E X H I B I T S 2 Plaintiff's Exhibits: Marked for ID 3 No. 1 7 4 Notice of Deposition 5 No. 2 11 Curriculum Vitae 6 No. 3 12 7 Letter dated 5-24-2010 8 No. 4 17 Article entitled The Comparative Advantage of 9 Plain Radiography in Diagnosis of Obstruction of the Small Intestine in Dogs 10 No. 5 18 11 Article entitled Gastrointestinal foreign Bodies in Dogs and Cats: A Retrospective Study of 208 12 Cases 13 No. 6 81 Excerpt of Blackwell's Five-Minute Veterinary 14 Consult 15 16 17 18 19 20 21 22 23 24 GIGLIO REPORTING SERVICES (513) 861-2200 Page 5 1 WILLIAM AUSTIN ROGERS, DVM 2 Of lawful age, a witness herein, being 3 first duly sworn as hereinafter certified, was 4 examined and deposed as follows: 5 CROSS-EXAMINATION 6 BY MS. GERTZ: 7 Q. Good evening, Dr. Rogers. We 8 introduced ourselves prior to the deposition. 9 As you know, my name is Susan Gertz. I am the 10 attorney for the plaintiff, Beth Sheehan, in 11 this action. 12 I believe Pam just so kindly went 13 over with you some of the ground rules of a 14 deposition. Did I hear her correctly that you 15 have not been through a deposition before, is 16 that right? 17 A. That is correct. 18 MS. GERTZ: Okay. Pam have I, I 19 missed the swearing. Is he already 20 sworn? 21 THE COURT REPORTER: He has been 22 sworn. 23 MS. GERTZ: Thank you. 24 BY MS. GERTZ: GIGLIO REPORTING SERVICES (513) 861-2200 Page 6 1 Q. Could you please state your full 2 name for the record? 3 A. William Austin Rogers. 4 Q. And I think Pam went over 5 everything but just a few other follow up 6 things, Dr. Rogers. 7 Is there any reason that today 8 that you couldn't answer my questions to you 9 accurately? For instance, have you been on any 10 kind of medication or been working too many 11 hours and are extra fatigued or anything like 12 that? 13 A. No. 14 Q. And you do understand that this 15 is sworn testimony, it's a discovery deposition 16 and this could be used for impeachment purposes 17 at trial, correct? 18 A. Correct. 19 Q. And can I get your mailing 20 address, please? 21 A. 2940 Lake Drive, L-a-k-e Drive, 22 Pleasant Plane, Ohio, 45162. 23 Q. And a phone number, please? 24 A. 625-6776. Area code 513. GIGLIO REPORTING SERVICES (513) 861-2200 Page 7 1 Q. And you had mentioned that you 2 had not been through a deposition before. 3 Have you ever performed as an 4 expert in any other case involving a claim of 5 veterinary malpractice or negligence? 6 A. No. 7 Q. Have you ever been asked 8 previously to review a case for potential 9 veterinary malpractice or negligence? 10 A. No. 11 Q. And I issued a notice of this 12 deposition today which was issued Duces Tecum 13 which also requested that you bring certain 14 documents with you. And let me go ahead and 15 before we proceed to have this marked, then I 16 will give that to you. 17 (At which time, 18 Plaintiff's Exhibit No. 1 19 was marked for 20 identification.) 21 Q. Have you seen that document 22 before, Dr. Rogers? 23 A. No. 24 Q. Okay. GIGLIO REPORTING SERVICES (513) 861-2200 Page 8 1 MR. ROLFES: But I have Susan, as 2 his counsel. 3 Q. Okay. And has Mr. Rolfes 4 communicated to you that you needed to bring the 5 items listed in bold there towards the end of 6 this Notice of Deposition, Dr. Rogers, to bring 7 those items with you today? 8 A. No, I haven't seen this document 9 before. What was the question, please? 10 Q. If you will look toward the 11 bottom of the document, Dr. Rogers, on the first 12 page there in bold. 13 A. On the first page, right? 14 Q. Uh-huh. There are some items 15 listed there at the bottom that have, I have 16 requested that you bring to this deposition 17 today. 18 Have you brought any of those 19 items with you? 20 A. Um, the only thing I have brought 21 are two research studies, two papers and my 22 Curriculum Vitae. 23 Q. Okay. 24 MR. ROLFES: Susan, while he does GIGLIO REPORTING SERVICES (513) 861-2200 Page 9 1 that, I did want to add, he can 2 explain it better. Dr. Rogers did 3 tell me that he intended to bring 4 those. He had a -- his car broke down 5 and he can tell you more about that -- 6 MS. GERTZ: Okay. 7 MR. ROLFES: -- and did not get 8 an opportunity to bring everything 9 that he has reviewed which was at his 10 office. 11 MS. GERTZ: Okay. 12 BY MS. GERTZ: 13 Q. I was just informed by attorney 14 Rolfes, Dr. Rogers, that there were some 15 circumstances where you intended to bring some 16 documents and weren't able to. 17 Can you describe that for me, 18 please? 19 A. Sure. I was coming home from a 20 dinner engagement last night when my car broke 21 down. And so I had to get up really early this 22 morning to get it towed into the garage and I 23 just walked out without my packet of 24 information. So -- but I had these faxed from GIGLIO REPORTING SERVICES (513) 861-2200 Page 10 1 home by my daughter who is at home. So that's 2 the reason I don't have the whole packet of 3 materials. And there wouldn't have been time 4 for me to get home and get back in time for the, 5 for this deposition. 6 MR. ROLFES: But I can certainly 7 tell you, Susan, everything, whatever 8 you want as far as what he has 9 reviewed, we can certainly provide to 10 you. 11 MS. GERTZ: That's fine. It 12 probably would have been more helpful 13 to have it tonight so that I could 14 have seen what you reviewed. And in 15 the course of my questioning of you, 16 we may have to continue this 17 deposition again so that we can follow 18 up and cross all of the "T's" and dot 19 all of the "I's" so to speak, if 20 necessary. 21 MR. ROLFES: And that's fine 22 under the circumstances. 23 MS. GERTZ: Sure, I understand. 24 BY MS. GERTZ: GIGLIO REPORTING SERVICES (513) 861-2200 Page 11 1 Q. All right. So just for the 2 record, I had requested the Curriculum Vitae 3 which you have brought, correct? 4 A. Correct. 5 MS. GERTZ: Okay, and let me go 6 ahead and have that marked and we will 7 mark that, please Pam, as Exhibit No. 8 2. 9 (At which time, 10 Plaintiff's Exhibit No. 2 11 was marked for 12 identification.) 13 Q. The second item that I asked for, 14 "Any and all documents, records, reports, 15 correspondence, invoices and photographs 16 reviewed and produced by you," Dr.
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