Legal Reserves

by James Rosenberg

  Before Mike could formulate a response, Jack and Ed pranced back into the courtroom to await the announcement of the jury’s verdict.

  Chapter 62

  September 12, 2018, 3:30 p.m.

  Trial Day 3

  MEGAN STOOD IN the back of the courtroom as the lawyers and parties filed in. Mike and Stan shuffled to their table, their eyes downcast. Wagner and Jack waited a few feet away, standing tall, looking at the jurors returning to their seats. Megan closed her eyes tightly as a small prayer passed over her lips.

  Once the jurors were seated, Jeri emerged from her chambers and took her seat behind the bench. “Jurors, have you reached a verdict?” she asked, knowing the answer. All eyes were locked on the piece of paper the first juror carried into the courtroom, which was now being delivered to Jeri.

  Megan gently tapped her feet on the floor impatiently waiting for Jeri to review the three pages of questions the jury was supposed to answer. Megan did not notice Jeri nod to her tipstaff who declared, “Members of the jury, harken to your verdict.”

  Jeri read aloud for the courtroom: “Question one: ‘Is Wendell’s department store negligent?’ Answer: ‘yes.’“

  Megan pumped her fist.

  “Question two,” Jeri continued, “‘Was the negligence of Wendell’s department store a substantial factor in causing harm to the plaintiff?’ Answer: ‘yes.’“

  Megan jumped up.

  Mike’s back was towards Megan. He and his uncle had their arms on each other’s back, waiting for the next answer. Megan glanced at Jack and noticed him stoop forward, both hands now leaning on the counsel table for support. Megan looked over at Martha Gebbert in the back of the courtroom and saw her smile.

  Jeri continued: “Question three: ‘What amount of damages do you award to compensate the plaintiff for the injuries she incurred as a result of the negligence of the defendant?’ Answer: ‘Eight hundred and seventy-five thousand dollars’.”

  Megan let out a little whoop, which was joined by muted cheers elsewhere in the courtroom. Jeri slammed down her gavel and the courtroom returned to order. Turning her attention to the jury, Jeri asked, “Is this your verdict?” When she was satisfied it was, she returned to the verdict form. “Turning to the final question: ‘Should the defendant pay to the plaintiff punitive damages?’ Answer: ‘yes.’“

  Mike and Stan barely could contain their excitement. Another short phase to the trial so Mike could put on evidence in the punitive damages phase would follow. Jack stood at the other counsel table, the back of his neck burning red. His co-counsel turned away from Jack. Jack was standing alone.

  Jeri, sensing the growing commotion in her courtroom, banged her gavel again and announced a thirty-minute break before the punitive damage phase and dismissed the jurors. She apologized to the jurors that they all might be working a little later into the evening.

  Noticing Jack was not focused on what she had said, she announced, “I want to meet with counsel who will be trying this phase in my chambers alone. Mr. Rogers and Mr. Reigert please come to my chambers immediately.” Jeri shook her head at her court reporter, indicating their conference would be off the record.

  Stan shook Mike’s hand. “Mikey, you have done great so far, but you need to calm down and focus. You have the testimony you need for the next phase?”

  “Yes, Uncle Stan. We’re ready.”

  Mike was beaming as he went to Jeri’s chambers; Jack trudged behind. As he passed through the door leading out of the room, he smashed his hand against the doorframe, the loud thump echoing throughout the courtroom.

  Chapter 63

  September 12, 2018, 3:45 p.m.

  Trial Day 3

  JERI IMMEDIATELY SENSED Jack was having difficulty accepting the verdict. She instructed both lawyers to sit at her desk, but Jack only stood in the back of the room muttering to himself, his face turning an ever-darker shade of crimson.

  “Jack, please come forward and sit down,” Jeri said as Jack began to pace. When Jack did not respond, she repeated her instruction, but to no avail. Mike sat in the chair in front of Jeri’s desk, elated at the turn of events and enjoying watching Jack’s difficulty in accepting what had transpired.

  Raising her voice, Jeri again instructed Jack, “Sit down Jack, we must proceed.”

  “Fuck this. Fuck this jury,”

  “Enough, Jack,” Jeri yelled back at him. “We may be friends, but you are still in court and you will maintain your professional conduct.”

  “Fuck this. This is outrageous.”

  “What is outrageous Jack?”

  “Everything−this whole fucking trial.”

  “You will not speak out or act like that anymore. Accept what the jury has done and deal with it. I don’t want to hold you in contempt.”

  Defeated, Jack slumped into the chair next to Mike, bumping Mike on the way down.

  Jeri was relieved Jack had taken a seat and appeared to have regained control of his emotions. She asked her two attorney friends, “How are we going to proceed?”

  Jack stared straight ahead, not responding, so Mike began: “We have some interrogatories that the company answered which we want to read and we will call a representative of the company who is in the courtroom to verify some financial details. It won’t take long. I think we can put the entire punitive damage case on in about twenty minutes.”

  “Sounds good,” Jeri said. “Any objections Jack?”

  “Oh, that sounds great,” Jack muttered. “Fucking great.”

  Ignoring Jack, Jeri continued, “When we go back into the courtroom you each can give an opening statement. The plaintiff can put on evidence of net worth. Jack, you can put on evidence for the company if you want to.”

  “Like you care what I do,” Jack said off to the side.

  Jeri stared at Jack, hoping to get his attention, but Jack offered no response. “Jack, you need to snap back to reality. You are going back into the courtroom in a few minutes to defend a punitive damage claim.”

  Jack stood, ignoring Jeri’s admonition. He wandered to the back of the room and began muttering and pacing anew.

  “Jack Rogers,” Jeri bellowed as she stood and walked around her desk, her movement slowed by her protruding midsection. “Get back over here and sit down.”

  “Not now, mommy,” Jack snapped back.

  Jeri walked towards Jack and stood face to face with him, staring into his eyes, Jack panting. Mike stood and approached them. “Can we just wrap this up? Jack, nothing good is going to happen until we get back into the courtroom and finish.”

  “Finish? This case should have been finished months ago. You couldn’t even convince your ridiculous client to accept our money. We offered you a sick amount of cash and she said she would rather go to trial. This never should have happened.”

  Mike extended his hands in a conciliatory gesture, but Jack slapped his hand away hard enough to sting. “You are weak, Mike, and your weakness is going to cost me my partnership.”

  Mike stepped back. Jack continued his rant. “You are so weak, so fucking weak. I can’t believe what you have cost me.”

  Jeri watched Jack’s deterioration, trying to figure out a way to help him regain his equilibrium. As she was pondering, Jack lurched with sudden exigency towards Mike, shoving him backwards, causing him to lose his balance and tumble to the ground. “It’s all your fucking fault,” he yelled. Mike’s head smashed against the corner of the small table in between the two chairs in front of her desk. Jeri screamed when she saw blood spewing from a huge gash near his eye.

  “That’s what happens when you mess with my stuff,” Jack raged as Mike lay dazed on the floor. Sweat emerged on Jack’s brow and his face burned with rage. Jeri, stunned, couldn’t decide whether to call for help or intercede. She stood alternating looks between Mike on his knees groggily reaching toward his bleeding wound and Jack, stil
l panting, not appearing to have calmed.

  Jack took a sudden step toward Mike, raising his hands over his head yelling, “You did this. You stupid asshole, you did this.” Seeing Jack still intent on hurting Mike, Jeri got in between them, slowly approaching Jack with her hands extended. “Jack, you need to regain control. Why don’t you sit down and we can talk this through?”

  Jack stood straight for a moment, suggesting he was willing to relent. A gaping smile jetted across his face before he threw back his head and said, “Sure Jeri, I will do whatever you say, just like always.” He turned his back on her. “This was so easy. All Mikey had to do was take the money. His client would have made lots of money. He would have made lots of money and I would have been made partner. But no, that fucking idiot and his client decide they want to go to trial. And look what’s happened. I’m not going to get my partnership. Fuck Jeri, I’ve lost everything and I blame Mike.”

  Without any warning, Jack again lurched towards Mike. Jeri attempted to intercept him by placing her hands on his chest. He immediately smacked them to the side and pushed Jeri out of his way, his sights set on Mike, who still was kneeling, rubbing his head. Jack’s shove caused Jeri to stumble backwards. Her legs caught the edge of her desk and she tumbled over the top, landing hard on her shoulder.

  Jack turned towards Mike, who was still kneeling, blood dripping down his forehead. Jack moved in. As he approached, he saw the metal rhinoceros trophy on Jeri’s bookcase. He grabbed it, the walnut base secure in his hands.

  Jack stood above Mike and raised the rhinoceros over his head. His eyes were wide open and he snarled as he focused on the back of Mike’s head.

  Jeri screamed, “Jack, stop now or I will stop you.”

  Jack ignored her, and as he began the downward swing of the statue towards Mike’s head, a bang reverberated from behind Jeri’s desk. Jack was knocked back a couple of steps, a red mark appearing on his white shirt near to his left shoulder. He immediately returned his sights to Mike, again lifting the rhino high. But before he could drive the statue into Mike’s head, a second bang exploded from behind the desk, driving Jack backwards against the bookcase. He slammed into it, causing a bundle of casebooks to fall off and land on top of him as he collapsed to the floor. Blood oozed from bullet wounds in each shoulder.

  As Jack slumped to the floor, two uniformed county officers burst into Jeri’s chambers, guns drawn, their attention on Jeri, her judge’s robe torn and her face swollen, a nasty bruise already forming below her eye. She pointed her gun directly at Jack, a wisp of smoke rising from the tip.

  “Judge, put down the weapon,” one of the officers ordered. “He’s not going anywhere.”

  Jeri slowly lay the gun down. She limped around her desk and put an arm on Mike’s back. “Are you okay, Mike?”

  Dazed but regaining his equilibrium, Mike wobbly stood and looked around the room. A lump was forming at his hairline where he had fallen against the table. Alternatively glancing at the gun on the desk and at Jack moaning in pain, he asked, “What just happened?”

  Jeri threw a piercing look at Jack. “That gun was the service revolver my dad carried. I probably shouldn’t have kept it here. Never thought I would ever use it, but I’m certainly glad it was here. I’m not sure what Jack might have done.” As Jeri checked Mike’s wounds, the officers apprehended Jack. Jeri also confirmed medics were on the way.

  Thirty minutes later, the officers accompanied Jack, strapped to a gurney, as he was wheeled out of Jeri’s chambers. Two other medics attended to Mike.

  The courtroom was in disarray. Everyone had heard the shots coming from Jeri’s chambers and then witnessed the officers’ entrance. Another few deputies detained them in the courtroom while Jeri’s chambers were secured. Stan and Megan were aware the medics were taking care of Mike, but they were still feeling uncertain as the deputies prevented them from entering Jeri’s chambers.

  The jury remained upstairs, unaware anything out of the ordinary had happened.

  Chapter 64

  September 12, 2018, 4:30 p.m.

  Trial Day 3

  ED WAGNER HUDDLED with his client in the back of the courtroom. In a hushed voice Wagner said, “I’m so sorry about how that trial went. Jack really screwed this one up. He’s not going to be at the firm much longer.”

  The executive didn’t smile. “You completely mislead us. You told us no jury would award a lot of money on a case like this. I can’t believe how your firm screwed this up. Somehow you better make this right, but I can tell you now there will be no more legal work coming your way.”

  “I’m sorry to hear that, but I need to get back to chambers. There still is a punitive damage claim. We have more work to do, but I will make sure every minute is on the bill when we send it to you.”

  Outside of Jeri’s chambers, Stan checked with the medics to make sure they had taken care of Mike before he entered. The medics informed Stan they were transporting Mike to Presbyterian Hospital, and he was responsive and stable.

  Five minutes later, Jeri called the attorneys into her chambers. She sat behind her desk and touched the bruise on her cheek. She rubbed her shoulder, but she had refused any treatment from the paramedics. Stan and Ed Wagner sat in the chairs Mike and Jack occupied an hour earlier.

  The court reporter sat next to Jeri’s desk, transcribing everything Jeri said as she recounted what had occurred in her chambers. After completing her summary of the events, she said, “The jury is upstairs and Kathy has confirmed that they are completely unaware of what has happened here. We are lucky to have two experienced and capable attorneys present representing the parties. Despite the unavailability of Mr. Rogers and Mr. Reigert, we can still proceed with the punitive damage portion of this trial and I intend to get the jury back in the box as quickly as we can. They, I am sure, are eager to finish this case.”

  “Your honor,” Wagner said, “on behalf of the defendant, I believe we would be prejudiced if the trial continued at this point. I would request a continuance for at least two weeks so Wendell’s can obtain substitute counsel for Mr. Rogers. I am not up to speed on all of the nuances of this case.”

  “Mr. Wagner,” Jeri intoned, “you are counsel of record in this case and you entered your appearance on behalf of Wendell’s, didn’t you?”

  “Yes, Your Honor.”

  “I see no reason for delay. We will proceed in fifteen minutes and you will represent the defendant against the punitive damage claim.”

  Wagner’s face turned ashen. “I haven’t questioned a witness in a courtroom for twenty years.”

  “Fifteen minutes, Mr. Wagner.”

  Wagner wiped his hands against his pants and shifted his feet. “Your Honor, I think I may have a solution to this. Would it be okay if Mr.Rotmen and I stepped out into the hallway to discuss a resolution of this case?”

  Jeri smiled. “Of course, Mr. Wagner, but please do this expeditiously. We have jurors who want to make it home tonight.”

  Stan led Wagner into a small room down the hall from Jeri’s courtroom and motioned for him to sit in a small plastic chair next to a weathered wooden table. Wagner refused and stood in the dank space.

  “Okay Ed, you wanted to talk. Looks like we are the relief pitchers in to finish out the game. What do you want to do here?”

  Wagner collected himself. “I thought we could resolve this and possibly get out of here.”

  “I’m not in any hurry to get home, Ed. I’m feeling pretty good about this jury. They liked what we were selling the first time. We are happy to stay a little longer and present your company’s financial records to the jury. I think they will find them extremely interesting.”

  Wagner winced. “Well, if we can’t get this resolved, I think we can make a favorable impression with our company witnesses. But let’s try. What will it take to resolve this?”

  “I don’t know Ed, I’d be feeling a lit
tle desperate if I were in your shoes. I’m not prepared to tell you what my clients will take, but it’s a pretty big number. We already have our client’s authority, but I don’t feel any need to give you a demand until you at least offer my client something. You’d agree we are in the driver’s seat, right?”

  “Well,” Wagner said, shifting his feet, “I don’t have any authority at the moment.”

  Again, Stan smiled. “I guess you better go talk to someone, but I would suggest you do it quickly, because we are itching to get back into the courtroom.”

  Five minutes later, Wagner met Stan in the hallway down from Jeri’s courtroom. He avoided small talk and said to Stan, “I have half a million to offer to you. Perhaps I can get a little more.”

  Stan expressed his thoughts without rushing. “Ed, we both know that you are bluffing. Let’s cut to the chase. This jury thinks your client is scum and is itching to send them a strong message.” Stan glared at Wagner and continued, “Let’s be serious here. Neither one of us knows what this jury is going to do, but we are much more willing to find out than you are. Your client’s net income was two hundred and twenty-eight million dollars last year. They made over twenty million dollars last year by stopping alleged shoplifters. I don’t know what the jury is going to do, but there are some large numbers they are going to hear to help with the decision. Mrs.Gebbert isn’t greedy. Get us five million dollars and you can go home.”

  “That doesn’t sound unreasonable. I know my client won’t go to five million, but let me see where we can get to.”

  “We don’t have much time before the judge calls us to start. Get your guy in here so we can finish this.” Stan stood face-to-face with Wagner.

  It took two more minutes before Wagner arrived with the suited executive who had been in the courtroom for the entire trial. Wagner introduced him to Stan, who spoke only to the suit. “I’m sure Ed informed you my client will settle for five million dollars.”