The Ultimate Resolution

by Dave Sullivan

  Jake put a tray of baking powder biscuits in the oven. He set the brake on the gimbal control since they were at the dock and not likely to heel over during baking.

  He closed the oven door and set the temperature control. "We also need to establish the manufacture and purchase of the tractor," he said, "What's the name of Bobby Pallmeyer’s employer who owned the tractor, again?"

  "Kevin Johnson. He owns Northland Logbuilders," said Bert.

  "We need him, then," added Stanton, who made a note on his legal pad.

  Jake added water, lemon slices, bay leaf, crushed parsley, thyme leaves, and ground pepper to the frying pan. While he brought the water to a boil, he prepared a platter with more lemon slices and fresh parsley. Small red potatoes were boiling in one saucepan on the stove and yellow wax beans were simmering in another.

  The "crew" had already set the table. Professor Stanton's Chardonnay was open and "breathing."

  When the water reached a boil, Jake cut the red trout filets to fit and placed them in the pan. He covered the pan, turned it down to "Simmer" and joined his friends at the table.

  "There! We are on auto pilot for a while." He sipped his Scotch. "Dinner will take care of itself, now."

  For another fifteen minutes, the three men discussed possible witnesses and their investigation plan to locate and interview them.

  A timer bell announced the readiness of the biscuits. Jake returned to the galley.

  "Here, Bert," Jake handed him a wicker basket of biscuits wrapped in a paper towel and a bowl of yellow beans with a pat of margarine melting on them.

  He placed the filets and potatoes on the platter which he set in the center of the table as Charles poured the wine.

  "I wonder if this is a little too classy for me," Bert said as he surveyed the elegant spread.

  Stanton tasted the fish. "Mmmh!" He savored the flavor. "Is there yet another addition to my list in support of a divine creator? Perhaps. You have outdone yourself, Jake!"

  "Very good," agreed Bert, forking into a potato.

  "Thank you, gentlemen,." Jake looked pleased. "Lake Superior provides sustenance as well as recreation and beauty."

  "To Lake Superior!" Charles raised his glass.

  Glasses clicked and each man sipped the Chardonnay.

  "And to the wine steward," Jake raised his glass, "You may tend to Resolution's 'cellar' as permanent duty."

  After dinner, the men relaxed in Resolution's cockpit. They watched the moon rise over South Twin Island. The ranger came down to the dock and was invited to join them for a beer.

  They retired early. In the morning Resolution would return to Raspberry Bay. A meeting with Sarah Pallmeyer was in order. There was work to be done.

  On Thursday, they met Sarah Pallmeyer for lunch at Maggie's in Bayfield. Charles and Jake drove together. Bert was already in Bayfield on other business and agreed to meet them.

  On the way over, Jake and Charles discussed what should be said to their client.

  "We need to cover our plan of action, attorneys' fees and the handling of expenses," said Jake.

  "Let's cover statutes of limitations and notices, too."

  "Right." Jake turned right on Manypenny and brought his Jeep Cherokee to a stop in front of Maggie's. It was quarter to twelve.

  They took the back corner booth. Actually, it was in the front of the building, but farthest from the bar and from the door and seemed the most private. It was the booth they had used the first time they ate together there, shortly after Jake’s law school graduation when Maggie’s was still called Junior’s.

  "Good morning, Gentlemen," said the waitress, checking her watch, "can I get you something from the bar?" She handed them each a menu.

  "Special Export, here." Charles pointed to himself.

  "I'll have a Diet Coke." Jake smiled at the waitress, who responded with her own broad smile. "We are expecting two more."

  "Gimme a beer." The voice came from behind the waitress.

  "Oh, Hi, Bert." She turned to him. "Miller Lite?"

  "You got it, dear, Thanks." Bert sat down next to Charles and faced Jake. "Have you seen Sarah?"

  "Not yet."

  At that moment, the front door opened. All three looked to see Sarah enter. She was facing the bar and had not looked to her right to see them in the corner booth.

  "Gotta get used to the light in here after the bright sun," said Bert.

  "Here she comes."

  Sarah saw them and nodded as she walked toward their booth.

  A pretty lady, thought Jake. The blonde hair was tied in a ponytail that bounced when she walked or turned her head. She wore dark blue jeans and a white cotton sleeveless pullover.

  "Good afternoon," she smiled. The ponytail bounced. "I hope I'm not late."

  "Right on time, my dear." Stanton beamed, "We just got here, ourselves."

  Jake rose as she approached and gestured to the booth. She slid into the seat and he sat beside her.

  "We've already ordered something to drink. What can we get you, Sarah?" Bert asked.

  "A mineral water would be nice," she answered softly.

  "I hear ya." The waitress put down the beers and Jake's Diet Coke. "Have it for you in a minute," she looked at Sarah, "Think you'll be safe with these three while I'm gone?"

  "I'd be careful if I was you." Bert made a face at the waitress. "We'll tell Maggie you're harassing the customers."

  "Or at least defaming their characters," added Stanton with a grin.

  "Characters!? You two are a couple of characters; that's for sure. Drink your beer and be good boys now." She gave Sarah a large wink and left in search of mineral water.

  Jake turned toward Sarah. "How are you doing?" He was kicking himself for the question before he finished it. How did he expect she was doing, for Christ's sake?! This lady had problems nobody should have. Smooth move, Jake, real smooth, he told himself.

  "Well," she looked at him, "yesterday was pretty tough, but I'm better today."

  "I'm sorry, Sarah." Bert reached across the booth for her hand, "Is anyone else helping you?"

  "Oh, yes." She squeezed Bert's hand. "Everyone's great. It's just that yesterday I went back to Duluth to visit Bobby. I'm afraid that's still hard for me, sometimes, at least it was yesterday."

  "We have some things to talk about. Are you up to it?" Jake asked. "We can do it another time."

  "No. I'd rather do it now," she replied firmly.

  Until now Sarah had been quite soft spoken and almost timid or shy. Jake had attributed this to the tragedy which had befallen her family, although it could certainly have been her natural personality as well. He was glad to see the strength that he had hoped would be there. She would need it.

  "I've thought about this and I want to get started," Sarah continued with a quick turn of her head to face Charles and Bert that sent the ponytail bouncing.

  "Well," Charles spoke with the benevolence of a teacher toward a favorite student, "there are some matters you must hear and consider before making a decision. Jake?"

  "Charles is right, Sarah. It's customary to run through the process, how the case will be handled, discuss expenses and so forth. We'd like to do that now, if you don't mind."

  "Not at all. I'm all yours and I'm all ears. Go ahead." Sarah looked at Jake attentively, her eyes wide and the ponytail just settling down after a flurry of activity.

  "Jake smiled. He began the drill. It was always necessary when beginning a plaintiff's case. The client had to make an informed decision before becoming a plaintiff, before starting a lawsuit or even beginning any extensive investigation. There were risks. There were expenses. The likelihood of recovery and the risk of loss had to be considered. Lawsuits were likely to be difficult, time consuming and expensive. Products liability cases, like some malpractice suits, always were.

  Jake went on with his explanations and cautionary advice. It had to be done. It was essential that a client understand the process and the risks as well as the possible b
enefits. Often, however, a client would begin to question the choice of lawyer and even wonder whose side the lawyer was on. Jake tried carefully to avoid that and to instill faith in Sarah for this team of three that was about to try to help her.

  Charles Stanton listened to Jake with approval and some degree of pride in the very professional way in which his former student handled the situation.

  Bert Hanson also listened to Jake and began to wonder whose side Jake was on, but he knew Jake knew what he was doing. He was sure if anyone could help Sarah and Bobby, Jake could.

  "I didn't realize you went to such detail," Sarah said.

  "We want to make sure you understand your case, even the legal theories, so you know what we're doing and why." said Jake, his blue eyes looking directly into her blue eyes. He studied her reaction.

  "I certainly appreciate that." She returned the eye contact.

  "Yes, well that is important but do you have to starve the poor lady in the process, or me for that matter?" Bert Hanson began motioning for the waitress' attention.

  "I'm sorry," Jake looked sheepish, "I guess I got a little preoccupied there."

  "No problem, my boy!" Stanton beamed and patted his paunch. "If hunger is an issue, and it certainly is for me at the moment, what better place to be than Maggie's on Manypenny. Ah! Here comes the wench now to take our order for the feast!"

  "Oh, finally decided to slow down the talking and feed the lady? You guys must be great on a date." She brought out her order pad and pencil as she stood at the end of the booth glaring down at Bert Hanson. "If you hadn't waved in about another minute, I'd have been over here for her protection."

  "Huh!" Bert looked up at her. "Do you suppose that ornery chef of yours can prepare anything fit for the delicate pallet of a lady like this?"

  The waitress grinned. "I'll see to it personally. Ma'am, what would you like?" She turned to Sarah with a smile, pad and pencil poised.

  They ordered lunch and more beer for Bert and Charles who had begun complaining loudly to the waitress about the apparent drought right there in Maggie's. The discussion continued.

  Jake explained the contingent fee arrangement. The attorneys' fees were one third of the amount recovered. No fee was charged as the work went along. If there were no recovery, there would be no fee. Expenses were a different matter and would be payable regardless of the result. With recent changes in the rules of ethics many firms advanced expenses on a contingency, too. Jake was not in a position to do that and told Sarah.

  "If I can work an arrangement with my old firm, we may be able to arrange for the advancing of expenses to then be repaid from a settlement or recovery, if any. Otherwise we'll have to talk about what arrangements you can make."

  Jake knew that if expenses were advanced in the usual fashion and there was no recovery, they would probably never be repaid. He also knew that if he couldn't advance the money, Charles Stanton or Bert Hanson would try to do it. He would not have them risk their belongings betting on him in a products case.

  "First, we should talk to my old firm. That might solve the problem and add some litigation support we won't find here in Maggie's or at Hanson's Marina." Jake grinned at Bert.

  Sarah agreed and expressed her thanks to all of them for their effort and their kindness to her. They reviewed and she signed a contingent fee retainer agreement and several medical authorizations which would be used to obtain medical records and opinions to develop the medical side of the case. They agreed that liability was the first order of business, however, and talked of their plans for the development of that part of the case as they finished their lunch.

  "One more thing," Jake told Sarah, "a civil lawsuit for damages is just that. Its purpose is to compensate a loss caused by someone's wrongful act or omission. It is not to punish. Although you have no doubt heard of punitive damages, they are not to be counted on. They are not a right of the injured party. Because it is purely for monetary compensation, considerations and decisions all relate to money. Civil actions may often right wrongs and bring about desirable changes, but they do so through the monetary damages imposed upon the defendants."

  Sarah's expression showed that while she probably understood Jake's remarks, she might not be sure why he was making them.

  Jake saw the puzzlement in her face. "So, if you're thinking of this claim or lawsuit for some other purpose, we might not be on the same track. We need to be after the same objectives. Do you understand what I'm concerned about?"

  "I see." A look of understanding came over her and she nodded. "I can see where that would be important. Thank you for the thorough explanation. What's next?"

  "We'll begin with some investigation and some research; some legal research and some product research," said Stanton, "and we'll keep you advised of our progress."

  "And I'll check with my firm about some financial arrangements and let you know." Jake rose to let Sarah out of the booth.

  As they watched her leave, Stanton brought out a legal pad. The three laid out their "To Do" list to follow up on this meeting and get the case started.

  CHAPTER FOURTEEN

  Jake jogged eastward along the beach into the early morning sun. As he approached the marina he cut left and ran into the cold waters of Lake Superior. Without the body heat and sweat he had worked up on his run, he doubted he would have had the courage and the resolve to go in. Coming out of the water, he picked a towel off a driftwood log where he'd left it earlier and headed toward the docks.

  Despite the light easterly breeze, the water between Raspberry Bay beach and Raspberry Island was flat with no seas. The day promised to be beautiful, sunny and hot if the east wind didn't get too strong.

  Bert Hanson and Charles Stanton were waiting for him.

  "Bert told me you ran out of here this morning," Charles called out. "How was the run?"

  "Great!" Jake was still toweling off his hair.

  "Where do we work?" asked Bert.

  "Out there," Jake gestured toward Lake Superior beyond Raspberry Bay, "if you don't mind."

  "Mind? Today really looks like the day to be on the lake. It's going to be nice." said Bert checking the sky.

  Jake disappeared below and emerged a moment later in cutoffs and T-shirt. They began to ready Resolution to go out.

  "Where to, Jake?" Charles called from the dock as he removed a spring line from its cleat.

  "How about whatever direction the wind is blowing?" said Bert who was working on the main sail cover. "Might be nice to be fairly upright for a while. We can think better that way than almost tipped over the way we are sometimes." Bert loved sailing, but he always had a power boater's remark ready for any occasion.

  "Sounds good," agreed Jake. "My grandfather always said, 'A knockdown is not your fastest point of sail, and certainly not the most comfortable.'" Jake looked out towards Raspberry Island and back to the weather flags on Hanson's office roof. "Looks like that would send us west, over towards Sand Island. Okay?"

  "Fine with me," said Stanton who was getting ready on the stern line.

  "All right then. Ready on the bow and stern lines?" asked Jake, looking to his crew on the dock.

  "Ready." said Stanton, standing just abaft the stern with the stern line in hand wrapped once around the dock cleat.

  "Ready!" answered Bert from beyond the bow where he stood with the bowline similarly wrapped once around a dock cleat.

  "Okay! Let's go!" Jake pulled the shift handle into reverse. Resolution began to slowly back out of her slip. Charles climbed aboard as the midships passed him on the dock. Bert walked down the dock just ahead of the bow prepared to guide the bow if necessary. It was not. As the bow was a few feet from the end of the dock, Bert climbed onto the foredeck just stepping over the lifeline as the bow cleared the end of the dock and Jake began to turn Resolution into the channel. As she straightened around, Jake shifted into forward, applied a slight throttle and began to motor out of the marina. Without command Bert and Charles began removing lines and fende
rs to store out of the way during sailing.

  Resolution motored out of Raspberry Bay. Just beyond the breakwater, Jake steered into the northeast wind so Bert could raise the mainsail. Charles worked on the mizzen. With main and mizzen up, Jake fell off of the wind onto starboard tack while Bert began to unfurl the Genoa jib. Charles raised and cleated the self-tacking inner jib to its track With all sails up, Resolution sailed nicely on a beam reach to the north northeast heading between Raspberry and York Islands. It was 9:45 a.m.

  Jake saw a white sailboat motoring out from the sand spit on Raspberry's southeast corner. Two others were still at anchor in the protected area north of the sand spit. Weekenders enjoying the islands, he thought. A nice anchorage, too, although it was better protection from westerly winds than this northeast breeze. It was probably nice and quiet last evening and wasn't even too bad in this breeze.

  Resolution drove towards the Raspberry lighthouse at almost seven knots. Charles and Bert joined Jake in the cockpit.

  "How about a nice sunny beach?" Jake nodded toward York Island as they passed under Raspberry Light.

  "Right. The north side of York might be pretty private today," said Bert.

  As they sailed toward the northeast end of York Island, the three men discussed the work to be done on the Pallmeyer case. First would come the legal research and the product research. Several trips to the Twin Cities would be needed for that. Jake had to discuss possible arrangements with his old firm. Also, medical records and bills had to be carefully assembled.

  Resolution turned further off the wind to a broad reach as she rounded York Island's northeast corner. There before them was a long beautiful isolated sand beach. To get the most shelter, Jake steered toward the east end of the beach to gain the greatest protection from the east wind by anchoring in the lee of the high ground they had just sailed around.

  With Resolution resting at anchor, bow pointing into the wind, the three men walked along the isolated beach. It was nearly three quarters of a mile long. No one else was there.

  "Charles and I will go to the Cities next week," said Jake. "We can use the law libraries and I'd like to look at the public libraries and the University library at the farm campus in St. Paul."