Second Degree (Benjamin Davis Book Series 2)

by A. Turk

At four, Bella had everyone on the line. Davis never could have accomplished a four-way call by himself. Bella was invaluable in so many ways. Davis knew this but should have told Bella more often. Like Morty, she helped professionally raise him, and he appreciated her effort. He still should have told her; it was the right thing to do.

  “Gentlemen, I have you on speaker so that my associate can hear our conversation. I faxed to you Jack Willis’s letter …”

  “It’s blackmail, plain and simple,” Paul blurted out.

  Davis didn’t like the fact that Paul interrupted him.

  Pinsly then spoke up, “Lester’s right. Willis wants a big payday without doing any work. File lawsuits and get paid. That’s a pretty good deal.”

  Davis thought he’d better take control. “Larry, this guy’s capable of doing the work and destroying Dr. Nichols’s practice, even though Nichols didn’t do anything wrong. Why litigate for a year, spend a lot in lawyer fees and costs, and then settle? You can use the money Tennessee Mutual was going to pay Paul and Sullivan to settle the case. And let’s not forget the bad press. If we don’t settle now, Dr. Garcia will be crucified, and association will damage my client. Willis will make it a nightmare, and my client did nothing wrong.”

  Sullivan jumped in. “I’m all for making a fee, but Ben’s right. My job is to protect the practice, and bad publicity won’t help the practice. What do we have to lose by listening to Willis? I’ve dealt with him before. He’s reasonable and capable. Do we really want to try a lawsuit and have Willis mark as an exhibit a ten-inch dildo?”

  Davis thought Sullivan’s last remark was funny. Paul and Pinsly didn’t think so. They all agreed to think about it and let Willis stew a day or two.

  After they hung up, Paul called Davis back. “I was thinking, Ben, I might be more inclined to agree to meet with Willis if you dropped your breach of contract lawsuit and release the funds to my clients.”

  “Go to hell, Lester. Now who’s the blackmailer?” Davis slammed the phone down.

  Davis had a temper and tried to control it. He didn’t always succeed, though. If Morty knew what he had just done, he would have scolded Davis for losing it. Talk about blackmail. Look who’s calling the kettle black, Davis thought and started dictating a letter in an unrelated matter.

  CHAPTER TWENTY-FIVE

  CHECKERED PAST

  Wednesday, July 31, 1996

  Paul convinced Pinsly to let Willis’s deadline expire with no response. Two days later Davis wrote Tennessee Mutual a bad faith letter to protect Dr. Nichols:

  Dear Mr. Pinsly,

  I am writing on behalf of my client, Dr. Peter Nichols, your insured and shareholder, to whom your company owes a fiduciary duty. Your refusal to meet with Jack Willis to discuss the possibility of settlement is a breach of that duty and constitutes bad faith. As you will recall I strongly urged you to attend the proposed meeting. It is my understanding based upon our telephone conversation of July 22nd that your decision was based upon the advice of Mr. Lester Paul.

  Dr. Nichols has been sued for more than his policy limits. He has personal exposure. Tennessee Mutual has an obligation to determine whether these cases can be settled within those policy limits. Your failure to open communications with Mr. Willis is clear breach of your company’s duty and constitutes bad faith. As a result of this bad faith, please be advised that Tennessee Mutual shall be liable for any judgments awarded in those cases in excess of the $5 million policy limits. Further, please be advised that Dr. Nichols shall seek recovery of his attorney fees paid to my office and other costs incurred after your refusal to meet with Mr. Willis.

  It is important to note that Mr. Paul, whom you selected to represent Dr. Garcia, does not have Dr. Nichols’s best interest in mind. As you know, Dr. Nichols’s alleged liability is based solely on the alleged wrongful conduct of Dr. Garcia. Further, Mr. Paul is representing Dr. Garcia and his parents in a breach of contract suit brought by Dr. Nichols. I would think that these factors would discount any advice provided by Mr. Paul. He is unconcerned as to the risk you might expose Dr. Nichols, and his practice will suffer as a result of no effort to settle these cases.

  My client’s position is clear. These cases should be settled promptly to avoid adverse publicity.

  Benjamin A. Davis

  A copy was faxed to Lester Paul, Bob Sullivan, and Dr. Nichols. Fifteen minutes later Sullivan called in part to support Davis but even more to rib him. Sullivan particularly liked the part about discounting any advice from Paul. He was stroking his red beard as he read the letter.

  He also called to report important news. His private eye had completed the background checks, and the reports were incredible. He started with Garcia. As a freshman at Princeton, age sixteen, he was arrested and pled no contest to possession of a DUI, driving under the influence. Because he was a minor, the file was sealed and later expunged.

  “If it was expunged, should McCormick have found it?”

  “My guy did.”

  Sullivan then went on to tell Davis that another student at Princeton, Sarah Thomas, charged Garcia in his senior year with sexual battery.

  “His weapon of choice was a large dildo. A report of the Princeton campus police is attached, but the charges were never pursued. I’d bet Mommy and Daddy bought Ms. Thomas off rather than have their brilliant son’s life ruined by a scandal.”

  “A Princeton campus police report, should McCormick have found that?”

  “My guy did.”

  Davis and Sullivan discussed whether to notify McCormick of his exposure. They agreed that disclosure, prior to filing the cross claim by Nichols & Garcia against McCormick, wouldn’t be helpful. They also agreed that nothing would be gained; he would deny liability anyway. Sullivan said he would prepare the cross complaint to bring McCormick into both lawsuits.

  Then Sullivan asked, “Should we tell Paul? I feel like I owe him a heads-up of his client’s prior record before he reads about it in a legal document.”

  “Send us both copies of the full report with the attachment, just in case Paul convinces Pinsly to try to force you to sit on the evidence. If he does, then I already have a copy. In fact you should send it to Pinsly and just copy Paul and me on the letter.”

  “You’re a devious son of a bitch, Ben.”

  “Yeah, but those boys deserve it.”

  Sullivan asked Davis if he could stand more good news. After Davis assured him that he could, Sullivan dropped the bombshell, “Christy Howard is no innocent.”

  Sullivan’s PI discovered a website with very provocative pictures of Ms. Howard. “The title of the website is wwwplaychristyforme.” The photos included Moore with other women, using large dildos.

  Sullivan described the pictures in detail. He was giggling a little as he did. He choked out, “They’re attached to the PI’s report. I guess I should send those to Paul and Pinsly as well?”

  “Send it all to them. Do you think Willis knows about the photos?”

  “No way his client told him, and he isn’t looking too hard for dirt on his client.”

  Davis thought about it for a second and then responded, “Willis is smart. Any good lawyer knows his plaintiff isn’t perfect. Everybody’s got a skeleton or two in the closet. He’s looking, but he probably just didn’t find it. Tell your man, good work.”

  “Howard’s got more than a few. These pictures are pornographic. I had to look at them four times before I called you, and I bet you look at them at least four times.”

  “I’m a thorough attorney. If I need to look at them four times, then I will suffer through the task.”

  Both men laughed. The discovery of naked pictures of a plaintiff that were admissible into evidence was a defense lawyer’s dream.

  Sullivan suggested, “We might even get them blown up to poster size.”

  Sullivan was only half kidding, but Davis thought it was a great idea. The two men hung up after exchanging their good-byes.

  It had been a good day. Both Garcia and H
oward could be discredited. Based on the PI’s report, McCormick was at least comparatively at fault for the hire of Garcia.

  Davis turned his attention to the mail. He opened a letter from Paul’s law firm. He read:

  Dear Ben,

  Our clients are co-defendants in two lawsuits and are about to spend the next two years fighting over the breach of contract lawsuit you filed. Your lawsuit will only provide ammunition to Willis in his suits. I propose we settle the breach of contract lawsuit by splitting fifty/fifty the funds held by Goldman Sachs, $200,000 for each side. This offer expires on August 2 at 5:00 p.m.

  Yours very truly,

  Lester Paul

  Davis leaned back in his desk chair and put his hands behind his head. He liked the fact that Paul made an offer, but the dollar amount wasn’t acceptable. He needed to call Nichols and advise him of the offer and make a recommendation. He knew the defenses raised by the parents were red herrings. The Garcias had adequate representation, and although there were no other MD/DDS practices in the state, it certainly didn’t violate the Stark Act.

  Donna got Nichols out of a treatment room to take Davis’s call. Nichols told him, “I trust you. Use your best judgment. I agree we need to settle the case and focus on the two Willis cases. We need those settled too.”

  Davis agreed that getting rid of the breach of contract case increased the possibility of settling the Willis cases. He promised to maximize the settlement amount. He hung up and picked the phone right back up to call Lester Paul.

  “Hi, Lester, got your letter. Thought it might be in our clients’ best interest to talk settlement.”

  “You’ve got my offer. What’s your response?”

  “The contract calls for transfer of the $400,000 to my client. That’s my offer. Dr. Nichols will eat my fees, which are recoverable under the contract.”

  Davis was trying to needle Paul, and it was working.

  “You’re out of your mind. That contract you drafted won’t hold up. It’s very unfair to the parents.”

  “Unfair? Who’s out of his mind? A contract doesn’t have to be fair to be enforceable. The parents were over eighteen; they were represented by counsel; and in light of their son’s history, they were in a far better position to assume the risk of their son’s performance than my client. The kid quit, Lester, rather than take a drug test he would have failed. In addition, I’m going to amend the suit and allege that his conduct with Perkins and Howard violated the moral clause of his employment contract not to discredit the practice. Willis will love that, won’t he?”

  Paul took an unfiltered Camel out of the pack and lit it.

  Davis was making a hollow threat. Such a move would damage both Garcia and Nichols. The threat worked, though.

  “Ben, you’ve got to give me something. I’ve got to have something to take back to the parents.”

  Davis remained silent for a moment, pretending to be deep in thought.

  “Tell you what, Lester. I’ll give you something. I’ll deduct from the $400,000 your fees and Harrelson’s fees, and the balance will then be paid to my client.”

  It was Paul’s turn to be quiet. Davis took that as a good sign.

  “Okay, I’ll draw up the paperwork.”

  “Nah, since your fees are being paid by my client, I’d rather draft the documents. I’ll have a draft to both you and Harrelson by tomorrow. Get me an itemized bill for the two of you. And, Lester, be reasonable or the deal’s off.”

  The bill submitted by Harrelson was $14,000, and the bill from Paul was $6,000. Davis’s fees were $5,000, but his office had to draft the complaint. The bills were padded, but Davis figured his client got $375,000 and ended the lawsuit. It was a good deal.

  CHAPTER TWENTY-SIX

  PROBLEMS NEVER STOP

  Monday, December 2, 1996

  Charlie, at his parents’ insistence, tried to put his lawsuit with Dr. Nichols behind him and focus on his new practice. His new office was eleven miles from the office of Dr. Nichols. The contract required that he couldn’t practice within a ten-mile radius of the office. The settlement agreement reinforced this point and also prevented him from soliciting patients or employees of Dr. Nichols. He was also prevented from advertising Garcia kissable lips, but the document didn’t prevent him from performing the procedure.

  Dr. Charles Garcia arrived at his new office at seven thirty; his first procedure wasn’t scheduled till eight. Leslie, his nurse, arrived five minutes after him and checked the surgical supplies and the equipment. Dana, his receptionist/bookkeeper/office clerk, appeared five minutes to eight. The staff of Garcia Surgical Care PC was ready for action.

  Joan D’Annunzio, age thirty-eight, was right on time. She sat nervously in the waiting room, ready to be called back for her surgery. Dr. Garcia strolled into the reception room and welcomed his patient with a big hello and a hug. Dr. Charles Garcia was many things, but stupid was not one of them. He knew how to schmooze his patients and how to close a sale.

  As he was leading Ms. D’Annunzio to the surgery suite, a man in a dark suit appeared in the doorway.

  “Dr. Charles Garcia?”

  “Yes, may I help you?”

  Garcia was annoyed that this person appeared at his office unannounced.

  “I’m a private process server. I’ve been retained by the state of Tennessee to serve these legal documents on you. Consider yourself served.” He handed the doctor an envelope and walked out.

  Garcia didn’t know what to do. Ms. D’Annunzio was staring at him. He had to say something. “Damn parking tickets. I thought I’d paid those.”

  He put the envelope on his desk and walked Ms. D’Annunzio back for her surgery.

  “Joan, you’re going to look ten years younger with your Garcia kissable lips.” Garcia knew he wasn’t supposed to use that term, but neither Nichols nor Davis was there.

  Leslie, his new nurse, assisted Garcia during the surgery. Garcia’s mind was somewhere else, the envelope. After the procedure, while the patient was still in recovery, he retrieved the package. He sat down at his desk, took a deep breath, and opened it.

  It was a notice of charges by the state of Tennessee, brought by the Medical Licensing Board. He read the document slowly. The charges followed the allegations of the Perkins and Howard lawsuits filed by Willis. It was alleged that he acted unethically and unprofessionally when he had sex with both AP and CH. Why the hell were they using those whores’ initials? They’d filed lawsuits that graphically described the sex acts they’d performed.

  Garcia picked up the phone and called Harrelson. He was told Harrelson was in a meeting.

  “I don’t give a shit if he’s in a meeting. Interrupt him. This is an emergency!”

  He waited what seemed like an hour. In reality, it was ten minutes.

  “Charlie, what do you want? The settlement’s signed, and the lawsuit’s behind you. I’m really busy right now.” Harrelson played with the gold chain of his watch, almost twirling it in small circles.

  “I just was served with notice of charges by the Medical Licensing Board. It’s trying to fine me and take away my Tennessee medical license for having sex with those women. Can they do that? I never should have gotten involved with those bitches. All I did was have sex with them. They each wanted it. I didn’t put a gun to their heads. Those bitches are ruining my life. They need to take responsibility for their own actions. It’s not like they didn’t get multiple orgasms from being with me. It was the best sex of their lives.”

  Harrelson didn’t say much. He stopped playing with his watch chain and put the watch back in his vest. He was sick of the arrogant little brat. He’d been cleaning up Charlie Garcia’s messes for years, ever since he was a teenager.

  Charlie didn’t think Harrelson felt much sympathy for him. As far as Charlie was concerned, Harrelson wasn’t a friend, just his father’s lawyer, a paid shark.

  “I don’t know. Let me finish up here, and we’ll call Lester Paul together. Give me twenty minutes to wi
nd up …”

  Charlie cut Harrelson off. “Call me back in twenty minutes.”

  True to his word, Harrelson called back on time, and they conferenced Paul. Paul pulled a Camel out, took a deep drag, and waited for the bad news. Charlie described the document and then read several paragraphs. They were serious allegations, and more important, they were true. The civil lawsuits filed by Willis had a strong defense, at least in the defense’s eyes; the sex was voluntary. Each of the plaintiffs, on several occasions, had sex with Charlie freely, despite the claims of duress. According to the charges, the mere act of having sex with a patient, voluntary or not, violated Charlie’s ethics and subjected him to fines and revocation of his license.

  After ten minutes Paul broke in: “These are serious charges, and Charlie’s malpractice insurance carrier, Tennessee Mutual, won’t provide coverage for this.”

  Paul, a chain smoker, had a full ashtray in front of him. His fingers were yellow from his addiction. He lit another cigarette and waited for Charlie’s response. There wasn’t one. Charlie was surprised and quite frankly didn’t know what to say. He finally squeaked out, “Why not?”

  “Because these are charges brought by the state, not the patients you treated.”

  “You mean I’ve got to pay your fees to defend this matter?”

  “Not my fees. I already represent you in the civil actions and Davis’s breach of contract case. We need to get you somebody who really knows the law and regularly appears before administrative disciplinary panels, such as the Medical Licensing Board.”

  “Who’d you recommend?”

  “Amy Pierce. She’s had success before the Medical Licensing Board, and she knows her stuff. I’ll call her and make the first available appointment.”

  Harrelson thought, When did Charlie Garcia ever pay a legal fee? I pity his parents. They just lost almost $400,000 because he couldn’t pass a drug test, and now they’re going to expend tens of thousands of dollars because he couldn’t keep his dick in his pants. What an arrogant, stupid fool! He’s a waste of space.