[2013] Consequential Damages

Home > Other > [2013] Consequential Damages > Page 30
[2013] Consequential Damages Page 30

by Joseph Hayes

“Then your information isn’t current. I suggest you tune in to the news. I can assure you, McShane will not be in court tomorrow.” Fowler picked up his pace and vanished into the crowd.

  CHAPTER 48

  Jake struggled to open his eyes. A sensation of profound grogginess overpowered him as he tried to fight his way to consciousness. Even in his semi-conscious state, he could feel pain. His entire body ached, but there was a sharper, burning pain in his left leg, and a deep throbbing in his head. With great effort, he willed himself awake and looked around. It was difficult to focus, but he soon realized he was in a hospital. He had no idea what or who had brought him there.

  He felt detached from his surroundings. Everything seemed distant. He heard noises, but his mind was not processing them. He felt the powerful pull of sleep overtaking him again. Then he recognized a sound – it was a voice and it sounded familiar. He felt the touch of a hand on his head. He looked toward the voice. It was Peggy. “Jake? Jake? Can you hear me, Jake?”

  His sister's voice pulled him back from the brink of sleep. “Peggy, where am I?” he whispered hoarsely.

  “You're in the hospital, Jake. They brought you in last night. You were unconscious. You've been in surgery all morning.”

  As his eyes began to focus, Jake could see that his left leg was in a cast. “What happened?” he asked, still dazed and struggling to stay awake.

  Peggy hesitated. “You were in an accident, Jake,” she replied, her voice breaking. “A car accident ... on the way home from the picnic.”

  Jake's memory flooded back. He remembered the SUV cutting him off. He remembered the headlights shining into the woods, and the Bonneville veering off the road. For a moment, that was all he remembered. Then he remembered that Amanda had been riding in the passenger seat next to him. He was wide awake now, a feeling of panic surging through him.

  “Where’s Amanda?”

  Peggy looked at him, unable to speak, as tears streamed down her cheeks.

  “Where's Amanda?” Jake demanded, his voice rising, as he fought through the pain to sit up straight. Peggy's shoulders began to shake with heavy, silent sobs. She breathed deeply, trying to find her voice. “Jake, I'm sorry … I'm so sorry ...” Peggy grasped his hands and looked at him through tearful, bloodshot eyes. “Amanda didn’t make it. She died in the accident.”

  The words struck Jake with the force of a stunning physical blow. He felt faint and dizzy. His stomach turned. This couldn't be. He must've heard Peggy wrong. He desperately hoped that he had heard her wrong, as he stared at her uncomprehendingly.

  “What?”

  “She's dead, Jake.”

  He heard the words, but every fiber of his being resisted their meaning. “Are you sure?” His voice trembled as the horrific reality began to take hold.

  Peggy nodded. The pain etched on her face left no room for doubt.

  Jake shook his head slowly. He gasped, barely able to breathe, eyes darting around the room as if looking for a way to escape the unthinkable reality. He tried to cry out, but there was no air in his lungs. He covered his face with bandaged hands, as tears rushed forth and his entire body was wracked with uncontrollable sobs. Peggy threw her arms around her brother. They held each other tightly, desperately, crying for a long time, as they contemplated the cruel reality that had transformed his happy, orderly life into unmitigated anguish and chaos in an instant.

  The days and weeks that followed were a blur. Jake's grief was all-consuming and utterly debilitating. He couldn’t think. He couldn’t focus. Any form of human interaction was painful. His friends, family and colleagues showered him with kindness and concern, but that only heightened his pain and sense of loss. He wanted to be left alone, to think about Amanda, to miss her, and to continue loving her. He spoke to her constantly in his thoughts, sometimes aloud, hoping that somehow she could hear him.

  Spending time with Anna was the only activity that could bring him out of the depths of immobilizing grief. She needed him, and he was determined to be there for her and to help her cope with this ordeal that no seven-year-old child should have to endure. At first, Anna had been inconsolable. She had cried almost nonstop for three days after he had returned home from the hospital, curled up into a fetal position in her bed or on the floor. He could do little but hold her during that time, as she remained largely unresponsive to everyone, including him. When she spoke, she continually asked him, “Why?” and “What will we do without Mommy?” He wished he knew how to respond to those questions, but he had no answers. He was asking himself the same questions. After those first few days, Anna faced the world bravely. Jake spent as much time as he could with her. Looking into that brave little face brought him some comfort. She resembled her mother so, and he could see Amanda living on through their daughter. However, it also was a constant reminder that Amanda was gone, and it broke his heart to know that this precious little child would grow up without her mother.

  When he was with his daughter, Jake could be strong. He forced himself to set aside his grief in Anna's presence, or at least hide it, so that he could provide her with some sense of stability and security. He realized that their time together did him as much good as it did her, because she gave him a sense of purpose.

  When they were not together, his loss tormented him. He spent hours by himself, sitting in his living room chair, thinking about things he and Amanda had done together, and things he wished they had done. He couldn’t stop thinking about her, nor did he want to. At night, after Anna was in bed, he sat on the couch where he and Amanda had spent so many evenings. Sometimes he prayed. Sometimes he spoke to her. Mostly he just stared into the darkness, feeling numb.

  He rarely ventured outside of his house. Getting around on crutches was difficult, and gave him an excuse to stay at home and avoid human contact. Sometimes the physical pain distracted him from the anguish he felt in his soul. More often, however, it served as a brutal reminder of the accident and of his loss.

  Anna had returned to school two weeks after Amanda's funeral. Jake thought that returning to her routine quickly might bring a sense of normality to Anna’s life and that keeping her occupied would prevent her from dwelling on her loss.

  He believed that returning to his own routine might provide the same benefit, but he just wasn’t ready. He had taken a leave of absence from the firm. He had told his bosses that he needed some time, but he didn't know whether he would need a few weeks or a few months, or whether he would return at all. The firm had been very supportive, and assured him he could take as much time as he needed.

  One evening, about six weeks after the accident, Jake sat in the dark in his living room chair, staring out the window. He heard the sound of little footsteps approaching from Anna's bedroom. “What are you doing, Daddy?” Anna had gone to bed an hour earlier, but she looked wide-awake.

  “Hi sweetheart. Can't sleep?”

  She shook her head and climbed onto his lap. He put both arms around her and held her tightly.

  “What are you doing?” she asked again.

  “I was just sitting here thinking.”

  “I've been thinking too. That's why I can't sleep.”

  “What were you thinking about, little girl?”

  “I was just feeling sad, Daddy.”

  “Because you miss Mommy?”

  She nodded her head and looked up at him. “Yes, that makes me sad. But mostly I feel bad because you seem so sad all the time.”

  Pain and guilt seized him. He thought he'd been acting positive and normal around his daughter, yet her little seven-year-old mind could see right through him. He wished he could think of the right thing to say, but words eluded him. “I'm sorry,” was all he could manage, fighting to keep the tears at bay.

  “Daddy, it really helped me when I went back to school. I still miss Mommy, but it makes things seem normal again. Maybe you should go back to work. I think it will help you feel better.”

  Jake looked at his daughter, and imagined a seven-year-old Amanda
. She would have said the same thing. He smiled, feeling a surge of gratitude that he still had such a precious soul in his life. “Sometimes I can't believe how smart you are, Anna McShane. That's probably good advice. It's been over a month now. Do you want me to go back to work?”

  Anna nodded. “I want you to be happy, Daddy. I think it’ll help.”

  He kissed her on the forehead. “You are such a special little girl, and I love you more than you’ll ever know. Thanks for the advice, kiddo.” He held her and they sat together in silence for a long time. She snuggled into his chest and closed her eyes. “Let's go to bed,” he whispered after awhile. She didn't hear him. She was already fast asleep, and he carried her to her room.

  CHAPTER 49

  Jake dropped Anna off at school in the morning and then drove into the office. It had taken the words of a seven-year-old child to motivate him, but it felt right.

  He spent most of the morning greeting colleagues who stopped by to welcome him back. He was touched as they extended their condolences again and inquired about his well-being, but it made for a difficult morning. Those well-meaning comments drew his attention back to his loss. By late morning, however, he was able to dive into the files on his desk with a sense of eagerness and purpose.

  Upon hearing that Jake had returned, Demetrius Giannakis stopped by to pay him a visit. Jake felt honored, since the managing partner rarely lowered himself to visiting the office of an associate attorney. He conducted business in his own office and expected the associates to come to him when summoned. Demetrius greeted Jake warmly, and offered to brief him on the USH case whenever Jake was ready. Jake asked to be updated immediately, and Demetrius complied.

  The USH trial had been postponed for sixty days, partly to provide Jake's firm adequate time to get another attorney up to speed, and partly to allow the publicity to subside. Jake's accident had attracted tremendous media attention, and speculation regarding foul play was rampant. The police had interviewed Jake twice, but he was unable to provide any useful information. He was certain that someone driving a large, dark SUV had deliberately run him off the road, but he had not seen the driver, and could not even guess as to the make and model of the vehicle.

  The police published a sketch of the big white-haired man based on Shooter’s description, and described him as a person wanted for questioning in connection with the accident. The introduction of this sinister looking mystery man to the story fanned the flames of the media frenzy, but no helpful leads emerged.

  After completing his update, Demetrius said, “Jake, I’d love to get you back involved in the case. No one is as close to it as you are, and your continued involvement would be invaluable – in whatever role you’d like to play. Our plan is to have Jim Anderson and Nancy Fox try the case, and it would be a huge benefit if you could help them prepare.”

  “I'm at their disposal,” Jake replied. “I really want to get back to work and I’d love to see this case through.”

  “Any chance you’d like to jump back into the saddle and take the lead?”

  Jake looked down and spoke quietly. “I don’t know, Demetrius. To be perfectly honest, I don’t know if I’d be up to it. Let me think about it.”

  “I understand, and I will certainly respect your decision. But the trial’s just two weeks away, so you better decide quickly.”

  Jake spent the next two days with the lawyers who had been assigned to fill in for him. Jim Anderson and Nancy Fox were two of the firm’s finest litigators, but trying to master such a complicated case in a few short weeks was a hopelessly impossible task. While they might be able to develop a working knowledge of the most basic elements of the case, there was simply no way they could be expected to attain the level of knowledge Jake had amassed by living with this case on a daily basis for the past twenty-eight months.

  Jake was besieged by guilt and conflict. He was clearly in the best position to try this case. Although he’d been away from it for six weeks now, he knew every detail and nuance, yet that wasn’t enough. He would need to bring the highest degree of focus and intensity, and he was not sure that he was ready for that. Even more concerning, he was a single parent now. Anna needed him. He could not risk his safety or hers. Part of him wanted to believe that handling this trial would not put him in any real danger, but there had been too many unnerving coincidences. What would Amanda advise? He asked himself that question repeatedly, and desperately groped for the answer. He just couldn’t find it.

  CHAPTER 50

  Kenny Oliver put down his Bible and picked up the newspaper. There was another article about the upcoming USH trial. He had been following the case closely because he knew both attorneys. He knew Rick Black through the Quinn case, and he had known Jake McShane since childhood. His conscience troubled him whenever he thought about the Quinn case. He knew what he should do, but he felt ashamed and afraid. He looked at his Bible again. Maybe he could never make it right, but he should do what he could, before it was too late.

  Thirty minutes later, he rang the doorbell. Jake McShane answered and seemed startled by his visitor. Kenny looked nervous and shuffled his feet. “Hi Jake. I know you probably don't want to see me, but can we talk for a minute?”

  Jake could not fathom what might bring Kenny Oliver to his doorstep, but his anger over their last encounter outweighed any curiosity. “This isn't a good time, Kenny. I'm putting my daughter to bed.”

  “Okay, sorry to bother you, Jake. But will you call me sometime soon? I want to talk with you about something important.”

  “Sure, Kenny. I'll call you sometime.” He began closing the door.

  “It's about Rick Black.”

  Jake halted and then opened the door. “Okay, Kenny, come on in.”

  Jake ushered Kenny to his kitchen table and asked Anna to continue reading without him. Under the bright kitchen light, Jake could see that Kenny looked pale and emaciated. “Are you okay, Kenny?”

  “Actually, no, I'm not. I'm dying, Jake. I’ve got a brain tumor. It’s inoperable.”

  “Jeez, Kenny, I'm really sorry.”

  “It's okay. I'm at peace with it.” He smiled sadly. “Funny, isn't it? It takes dying to be born again. But, that's okay. I found God while there was still time. And I want to get right with Him before my time comes. That's why I'm here.”

  “I'm not sure I understand, Kenny.”

  “That lawyer you're up against—Rick Black—he's bad news, Jake. He may be a good lawyer, but he's not a good person.”

  “What are you talking about?”

  “The Quinn case—it was a complete scam. Mickey didn't do nothing wrong. Nothing at all. Me and Larry made all that shit up. Every bit of it. And the lawyer encouraged it.”

  “Rick Black told you to lie?”

  “Yeah—well, not exactly. He was careful not to come right out and tell us to lie, but he made it real clear what he wanted us to do.”

  “What do you mean?”

  “Here's what happened,” Kenny explained. “Larry was pissed that he got fired. He wanted revenge. He met Rick at a bar one night and talked with him about filing a lawsuit. Rick told Larry what kind of cases could destroy a guy's reputation and make a jury really mad. Larry made up a story right along the lines Rick described, and then Rick coached him on how to tell it. He even made up a lot of the details for Larry—made them up out of thin air when he didn't like Larry's story.”

  “How did you get involved?”

  “Larry comes to me and says he has a great case if he can get a jury to believe him, but all he has is his word against Mickey's. He says if another witness told a story about what a bad guy Mickey is, the jury would really turn on him and we could make big bucks. I told him I didn't have any dirt on Mickey. He said it didn't matter, we could just make it up. Said his lawyer had given him a few ideas. So we talked about it. At first, it was just me and Larry, and I thought Larry was just being Larry—you know, full of shit. But then I met with Rick and he got me believing I could make some real cas
h. So I took a few things from some of the old ladies on the delivery route and put them in Mickey's office. Then I made that video. You know the rest.”

  “Why would you do that, Kenny?” Jake demanded, his voice rising. “Didn't you think about Mickey? Didn't you think about how wrong that was and how much harm it might cause?”

  “I should have, but I didn't. I just blocked it out of my mind when Larry and the lawyer talked about how much money I could make. I made two hundred grand, Jake. Do you know how many years I'd have to work to make that kind of dough? So I let myself get talked into it. I knew it was wrong, but I just blocked that out of my mind—until afterwards. The more time passed, the worse I felt about it. I know I should’ve come forward sooner, but I was afraid. Rick told me that people go to jail for fraud, and I was scared. I didn’t want to go to jail. Then I got cancer, and everything changed. I found the Lord, and I knew I had to come clean about what I did. Then I heard about your accident, Jake, and I knew this guy would do anything to win his case. I couldn't stand by and do nothing when he could be involved in something like that. I had to tell you what I knew. I don't know what you want to do with this information, but I'll help in any way I can.”

  “I may want you to testify in court, Kenny. Would you be willing to do that?”

  “Absolutely.”

  Jake tapped his fingers on the kitchen table as he processed this information. He had always suspected that the Quinn case was a set-up, but it was still hard to believe that an attorney, particularly one of Rick's caliber, could orchestrate such an outrageous fraud. Kenny had said that Rick never actually told him to lie. That fit. But for either Rick or Larry to pay a witness to provide false testimony seemed far too brazen and reckless, even for Rick. An attorney caught doing that would unquestionably be disbarred.

  “Kenny, there's one thing I still don't understand. How did you get paid? A lawyer can't just pay you for testifying.”

 

‹ Prev