James Ross - A Character-Based Collection (Prairie Winds Golf Course)

by James Ross

  Within a week of the dismissal of the civil lawsuit Lew made sure that the Morton heirs, J Dub, Denny Sneed and Sneed’s law firm were served with papers demanding reimbursement of his legal fees along with punitive damages. For good measure, Lew also sued Curt and Marcia for slander and defamatory remarks. To take things one step further, he filed a claim with the liability insurance company. He wanted to be reimbursed for the legal fees that he had spent obtaining the change of venue.

  Within days of filing the claim against the liability insurance company, the insurance company filed suit against Lew, Walter, Norman, the Morton heirs and J Dub. They wanted to get the facts of the fraud charges. One of the provisions in the liability insurance policy stated that if Lew had misrepresented any facts, the insurance company would not have to pay the claim. So Lew had to hire Grady again to defend him in that lawsuit. It was a vicious circle that kept Lew’s ego puffed up with power.

  If the facts weren’t going to come out in any of the depositions, then they were never going to come out. Lew had a title company and an insurance company that wanted to know what was going on. Both of those entities smelled a rat. They were prepared to go to great lengths and spend countless dollars to find out the truth.

  The last comment that he made to Grady before he walked out of Grady’s office was, “Make sure that they know what it’s like to spend money that they don’t have to defend themselves! I’m going to bury them!”

  “You really don’t know what you’re talking about,” Grady warned. “The title company, the insurance company and the Morton heirs are going to get to the bottom of what you have done. They can all outspend you!”

  “Let them try!” Lew yelled with abundant self-confidence.

  “If you want to fight, then I hope that you’re ready to pay for my legal fees,” Grady argued.

  “You bet I am. After I’m exonerated I plan to recover them anyway,” Lew insisted.

  “What have you done, by the way?” Grady probed for an answer.

  “ . . . Nothing!” Lew insisted.

  “You’re as clean as a baby’s ass after a bath?” Grady asked.

  “You better believe I am,” Lew said adamantly.

  “You can bet your ass that they are going to find out. You better be right or you’re going to pay out the tail,” Grady warned Lew again. “Am I getting through to you?”

  Lew was telling Grady what to do instead of the other way around. All of the defendants were served within an hour or so of each other. It was a surprise for J Dub to hear the pounding on his front door. He wandered to the front door to see what all of the commotion was about. A rough looking character asked for J Dub to identify himself. He then handed over a forty some-odd page document informing J Dub that he had been sued by Lewferd E. Zerrmann.

  Lew achieved the desired effect that he sought. The notice caused J Dub to ride the roller-coaster ride of sensations. He was shocked, scared, mad, frustrated, and most of all concerned. The first order of business was to break the news to Marcia. He then picked up the phone and called Denny. A meeting was hurriedly scheduled for the next day in Denny’s office. “You never told me that he could do this,” J Dub addressed Denny.

  Marcia had progressed past the point of tears. She was livid. “I don’t know what strategy we have up our sleeve, but this was one event that I wasn’t counting on!”

  “Okay. Everybody calm down,” Denny started.

  “I’m glad he came after me,” Curt butted in. “I’m going to be the idiot’s worst nightmare!” Denny smiled. “Now I can be on my brother’s side and take an active role,” Curt continued. “And when it’s all said and done I’m going to go after his backside!”

  “Let’s look at what he is trying to do,” Denny carried on calmly. “For everyone’s information, in case you missed it in the affidavit, I got sued, too.”

  “He’s trying to intimidate,” J Dub reasoned. “In all my years as his partner I’ve seen it all too many times.”

  “It looks to me like he’s trying to break up our alliance,” Denny suggested. “We all got served, including Curt and Marcia.”

  “Yeah, what’s that all about?” Marcia demanded.

  “He might think that we’ll all have to get separate counsel otherwise we will have a conflict of interest with each other,” Denny informed.

  “It’s a way for him to put us on our heels and make us defend ourselves,” Curt declared.

  “I don’t fully understand what Grady is doing,” Denny persisted. “Surely he advised his client that we have the right to re-file a lawsuit against his client.”

  J Dub spoke up. “I know Lew. This is an attempt by him to bully us. He doesn’t care if we can file another suit against him. This is his way of threatening us . . .”

  “ . . . And try to get his beloved money back,” Marcia interrupted.

  “In some ways he might be successful,” Denny informed the group.

  A distraught look enveloped J Dub’s face. His life had come unraveled at the time that he should have been able to enjoy the good years of his life. “What are we faced with?”

  Denny buried his head into his hand. It looked like a trip to the restroom was imminent.

  “And how do we deal with it?” Marcia added.

  The annoying pause that Denny reverted to when his mind was deep in thought invaded the room. The small group stood motionless staring at Denny for something, if anything that they could cling to. They had come too far to let it all go. After an excruciating silence of several minutes passed, Curt finally blurted “Just say something!”

  Denny placed his forefinger and thumb on each side of his nose. He pressed on the pressure points located at the confluence of his eyes and nostril. His head rose and he looked at the group. “Okay, here’s what we have to do.”

  “It better be good,” Marcia coaxed.

  “He’s a formidable opponent,” J Dub added.

  “Look, he’s trying to get me off the case. If he gets rid of me, then he knows that you folks can’t get an attorney,” Denny began. “If he separates you from the estate then he realizes that your staying power is gone.”

  J Dub glanced at Marcia. It was obvious that what Denny was saying was hitting home.

  Denny continued with his line of reasoning. “I believe in this case. After finding out all of the intricacies of deception, it is my professional opinion that you folks have a solid case, but we’re going to have to go our separate ways to some degree.”

  A look of despair shrouded J Dub and Marcia.

  “I’ll be able to get my insurance company to provide a malpractice attorney to defend me. That will not help you. So what I’ll do is get the very best defense lawyer that I can find for you. There are some excellent attorneys that will take up this fight.”

  His words started to offer the assurances that J Dub, Marcia, and Curt were searching for. He knew that it was his responsibility to find someone that would go to battle for them.

  “In fact, all of this might backfire into Lew’s face. We can go into his neighborhood and find someone that is worthy. I’ll find someone that owes me a favor on a referral. I’ll get good representation for you,” Denny assured the clients.

  “What I’ll also do is make a few phone calls and try to find a high-powered law firm that wants to take a look at this case on a contingency basis. I’ll find someone that has the resources to outlast Lew. We have a wealth of incriminating evidence. Some firm out there will gamble on the work that we have accomplished. I can guarantee you that,” Denny continued.

  J Dub rose from his chair. He extended his hand to Denny. “That little so and so never knew when enough was enough. We’re behind you one hundred percent.”

  “We’re not about to quit halfway through the fight,” Curt concurred.

  Perhaps it was from meditation. Perhaps it was from yoga. A sense of relaxation prevailed over Denny. He forced a tight-lipped smile. “When you stop and think about it, in the long run, this might be the best thing
that ever happened to us.”

  “Getting sued?” Marcia questioned. “That’s something I never wanted, nor would have wished on anybody.”

  “No. No. No. Not at all,” Denny carried on. “Who knows? Maybe I was in over my head,” he admitted. “This suit might finally allow for us to get some top-notch lawyers involved in this case. If we can get the right attorneys working on this, then I think that we’re going to have a decent chance at bringing these guys down.”

  “We’ve always known that it was a house of cards,” J Dub maintained.

  “If we could just loosen that first brick away from the mortar . . .” Curt started.

  “ . . . Then the whole wall might just start tumbling down,” J Dub finished.

  “Walter’s case is going to trial real soon. He can’t get any more extensions,” Denny stated enthusiastically. “Give me a few days to make a couple of phone calls. There are a few heavy-duty friends of mine that owe me a favor. I’ll be getting right back to you.”

  Chapter Ninety-Five

  The Fall of 2001 . . .

  The legal game was on and it wasn’t anything like the game of golf with which J Dub was much more familiar. The deception, deceit, delays and dishonesty that pervaded the courtroom were so different than the way people conducted themselves on the golf course.

  Lew had decided to flex his muscles and spend the remaining days of his life writing checks to attorneys. In the process, he brought a lot of people into the entanglement. His intimidation tactics may have worked in other endeavors in his life but in this particular battle, the truth was going to come out and the course of action was going to be very expensive. Lew truly believed that his aggression would surely weaken his foe.

  In tough times unpredictable things happen. Denny worked overtime on the phone. He felt like he was responsible for putting the Morton heirs, J Dub, Marcia and Curt into a dire predicament. From an outsiders’ perspective it sure seemed like he had messed up the legal maneuvers and had cost his clients dearly. Yet, the underdogs strengthened their resolve.

  Denny had a productive telephone discussion with Eldie McLaughlin and met him the next day. McLaughlin was the principal partner in the most influential and politically connected law firm in the county where Grady Patterson had filed the summons on behalf of Lew. If Lew was serious about going through with his complaint, he was going to have his hands full. McLaughlin was connected and wouldn’t back down to anyone.

  J Dub was elated that Denny had found someone so quickly that had taken an interest in his dilemma. Not only had McLaughlin decided to represent J Dub but he had also agreed to defend Marcia, Curt and the Morton heirs against the lawsuit that Lew had instigated. It became apparent early on that not even Raymond Parsons would be able to help Lew against McLaughlin. The judge assigned to the case, Judge William Kimbeaux, was a good friend of McLaughlin’s. Perhaps J Dub’s prediction to Marcia would come true after all. It appeared that the scales of justice had started to tip a little bit.

  Denny’s work was not complete. He really couldn’t represent the heirs and J Dub anymore. To some degree Lew’s strategy of breaking up a motivated alliance had succeeded. The clock was ticking. Denny felt that he had ten years’ worth of investigative work to give to a lead attorney. But he needed to find the right one to help his clients and soon. He sensed that whoever he did find would be able to take him on as co-counsel behind the scenes to complete the job.

  As luck would have it, Denny ran into Dominic Miles, a retired judge. Denny had done a few favors for Judge Miles when the latter had served on the bench. They shared a cup of coffee and reminisced about some odd court cases that the judge had listened to while putting in duty as a public servant. “When you’re up there in the robe, you hear everything,” Judge Miles laughed.

  “I’m involved in one like that right now,” Denny commented.

  “What’s so odd about it?” Judge Miles.

  “I’m representing the plaintiffs and the defendant is exceptionally tough. It looks like I might get knocked off the case as lead counsel and I need a high-powered firm to take over,” Denny explained.

  “You knew that I retired from the bench, didn’t you?” Judge Miles mentioned.

  The comment caught Denny completely by surprise. “No!” Denny exclaimed. “What are you doing these days?”

  “I started back with the family firm,” Judge Miles indicated.

  MILES & MILES & MILES, P.C. was the most politically connected law firm in the St. Louis metro area. Six generations of fathers, sons, brothers, cousins, uncles, and nephews had passed through the doors of MILES & MILES & MILES. It was a closed fraternity. Only male family members were invited.

  Way back before Dominic was born, one of the Miles’ was Governor. He also had a great-uncle that had been a U. S. Senator. In fact, Dominic’s brother, Brett, had been a recent U. S. Attorney. If there was ever a family to be involved with that was politically connected, then it was the Miles family. “What sort of work are you doing?” Denny pried.

  Judge Miles dropped a bombshell. “With my experience I want to represent plaintiffs in civil litigation complaints. My years on the bench should serve me well in private practice.”

  Denny literally burned his tongue when he took a sip of his coffee. “Do you have anything brewing?” he probed.

  “Heck, I just started back last week. I’ve got one malpractice case that I’m looking at,” Judge Miles offered.

  “Have I got a story for you,” Denny started. “Do you want to look at another?”

  “Why, of course,” Judge Miles stated. “Let’s go up to my office and talk with my brother Chad. He runs the firm these days.”

  The elevator ride to the top of the high-rise forced Denny’s heart to beat erratically. He couldn’t believe the stroke of luck that had just befallen him. If he could talk Judge Miles into taking this case, then the scales of justice would balance out in a split-second.

  It was like old-home week for Denny after he had walked into the firm. He and Chad had attended college together. Of course their paths didn’t cross much after that but they did have a few beers together back in their law school days.

  “Hey, Denny!” Chad said enthusiastically. “How have you been?”

  “Just trying to stay one step ahead,” Denny replied.

  “I’ll never forget those parties we had at Mount Boysenberry,” Chad said with a laugh. Mount Boysenberry was an affectionate nickname for an ancient, two-story house that housed a half dozen law students. It was located off-campus on a three-acre lot. “Those were the days. I’d take care of the kegs and your band would rock into the night.”

  “We didn’t know how good we had it,” Denny laughed. “Wouldn’t we like to do that all over again?”

  An hour later Denny emerged from the elevator with a smile that covered his face. He couldn’t wait to get on the phone and call J Dub and the Morton heirs. Chad Miles had approved taking the case on a contingency basis. Dominic Miles had embraced the case so heartily that he immediately scheduled a modest cruise with the Morton heirs off of the east coast of Florida.

  J Dub, Marcia, and Curt rushed over to Denny’s office after he had left urgent messages for them. “The new lead counsel in the case would like to meet you,” Denny started.

  “Did you find someone to help you with the case?” J Dub asked. He could feel the excitement in Denny’s voice.

  “You bet I did!” Denny shouted. “Maybe we finally caught the break that we needed.”

  J Dub was dying to find out who Denny had met. “Who is it?”

  “Dominic Miles,” Denny said with a grin.

  “ . . . Of MILES & MILES & MILES?” Curt asked. Everyone in the area had heard of the Miles clan. Denny grinned again and nodded his head. It was as if he was the cat that had run off with a canary. “How did you pull that off?” Curt probed. “That’s quite a coup.”

  “It was a chance meeting. One thing led to another,” Denny explained. “He picked up the phone and
called Lucille when I was sitting across the desk from him!”

  Marcia was only somewhat impressed. She was still quite skeptical. “Something tells me that this isn’t over yet.”

  “Oh, not by any means,” Denny concurred. “But at least we have someone that will command a lot of respect in the courtroom. He’s an ex-judge.”

  “What sort of deal will we be on?” J Dub inquired.

  “They agreed to take it on a contingency basis,” Denny responded.

  “Thank God,” Marcia said with a heavy exhale. She instantly approved that arrangement.

  “He wants to meet with you as soon as he gets back from Florida,” Denny stated.

  “Let us know when and where,” J Dub said. “We’ll be there the minute he calls.” Denny’s enthusiasm had infected the entire room.

  J Dub, Marcia, and Curt went into a holding pattern. They anxiously awaited the next move from Dominic Miles. Time crawled along at a snail’s pace and they all wondered whether or not the meeting would live up to their expectations. J Dub couldn’t wait to meet Judge Miles. He was hopeful that all of the pieces would finally mesh and that he could put this chapter of his life behind him.

  A few weeks later . . .

  On the day of the appointment, Marcia let her husband represent the family. She felt better after the meeting with Denny and wanted to stay away. She loathed all of the legal wrangling anyway. J Dub met Curt in the lobby of the office building and together they rode to the top floor.

  The solid wood doors that served as the entrance to the law firm appeared to be twenty feet tall. The lobby was filled with exquisite art and leather furniture. The receptionist immediately asked if she could serve them a beverage. J Dub and Curt instantly thought that the environment was an upgrade from having to take papers off of a chair seat.

  The ex-judge was prompt. “Dominic Miles,” he said as he extended his hand. “I understand that you’ve got yourself in quite a predicament.” J Dub and Curt instantly recognized the sincere look in the eye of Judge Miles as well as the confidence in his voice.