“We’ve never caught this fish before, so you get to name him.”
Billy thought for a moment. “Do you think he’s the biggest, best fish in the lake?” he asked.
“No doubt.”
“Okay,” Billy replied. “I want to call him Pops.”
Corbin and Billy both held the fish as they released it back into the water. After fanning its gills for a few seconds, it slowly swam off.
An hour and a half later, Corbin listened to Billy excitedly tell Ray the fish story while they sat at the kitchen table. Cindy was resting in the bedroom.
“Why did you want to call him Pops?” Ray asked when the boy finished.
“When I saw him, it seemed like that was his name.” Billy shrugged. “I couldn’t think of anything else.”
“You should have seen him,” Corbin added. “He was a beast. He had scars from suckers, parasites, maybe even a boat motor.”
“That explains it,” Ray said. “You and that fish sound like twins.”
Roxy felt like she was drifting in space, untethered to anything stable. She drove home from lunch and stared at the four walls of her townhome. The sense of security she felt in Peter’s presence evaporated as the distance between them increased.
Unable to stay cooped up inside, she put on her exercise clothes and went out for a second run. This time she didn’t push herself for training purposes, but set an easy pace that she could maintain as long as she wanted. She ventured beyond her usual routes into new territory and tried to enjoy the new sights. As she cooled down in the kitchen, her phone vibrated. It was an unknown number.
“Ms. Gage?” a male voice asked. “This is Dr. Willard Sellers.”
“You need to call my brother—” Roxy began.
The chemist interrupted her. “No, I tried to reach you at the law firm a few minutes ago and found out you’re no longer employed there. I hope this doesn’t have anything to do with the conversation I had yesterday with Mr. Daughbert. Initially it wasn’t clear why he was contacting me, but when I connected the dots, I realized the two of you were acting at cross-purposes in the Colfax Fertilizer matter.”
“That’s a mild way of putting it.”
“So there’s a direct connection between your leaving the firm and Mr. Daughbert’s contact with me?”
Roxy couldn’t see any need to deny the basic facts.
“Yes, but it’s not your fault. I stepped out of bounds. It was inadvertent but that didn’t change the result.” Roxy hit on an apt analogy. “It was like a chemical reaction that can’t be stopped once it starts.”
“I’m very sorry this happened.”
“And I appreciate that, but it may work out for the best. I’m just not sure about my next step.”
“Of course.” The chemist was silent for a moment. “I told Mr. Daughbert I wasn’t in a position to render an opinion for his client.”
“And he wasn’t happy about it.”
“He was somewhat abrupt.”
Roxy didn’t want to prolong a conversation that was becoming more painful by the second. “Thanks again for calling,” she said. “It was very thoughtful.”
“If I can ever be of assistance in the future, don’t hesitate to contact me.”
The call ended, and Roxy stared at her phone. She would never forget the unexpected role Dr. Willard Sellers played in her life.
Sunday morning Corbin attended the service at the Hopewell church. He sat with Jimmy and his family in the middle section of the sanctuary. It was the first time since his wedding day that Corbin had walked through the doors of a church with a sense of positive anticipation. He noticed a few sideways glances in his direction as they settled into their seats.
“Do people suspect I’m here because of AA?” he asked in a low voice.
“If they do, it’s not because I told them. Would it matter?”
“Maybe.”
“Well, it’s probably because you’re a new face. Church folks are like cows in a pasture. Anyone unfamiliar arouses their curiosity.”
Corbin chuckled and relaxed. With his guard down, he was surprised how much he enjoyed the service, and mentioned it to Jimmy as they stood to leave.
“Yeah, church is way better when you’re not mad at God,” Jimmy said. “And it gets even better when you no longer believe he’s mad at you.”
“That makes sense.”
“Care to join us for lunch?” Jimmy continued.
“No, thanks. I’m going to swing by and see my son and his family. They’ll be interested to find out where I’ve been this morning.”
“Good choice.”
Cindy stayed home from church. Ray and Billy were leaving the sanctuary when Corbin called.
“Can I pick up lunch and bring it to the house?” he asked.
“Dad?” Ray responded. “Where are you?”
“In town. Would you like some fried chicken from the Chicken Box?”
Billy, who was standing close enough to hear the conversation, began to vigorously nod his head. “I want three legs, Pops,” he said in a loud voice. “And they have those potato things with orange stuff on them.”
“Billy is asking for three drumsticks and an order of potato wedges with the Cajun seasoning,” Ray relayed. “But we need some healthy sides too.”
“Everything they serve is heart healthy,” Corbin replied.
Ray was puzzled by his father’s Sunday morning exuberance. He stepped a few feet away from Billy. “Don’t get mad,” he said in a low voice, “but have you been drinking?”
“No. I went to church with my AA sponsor and really enjoyed it.”
Ray almost dropped the phone. “Okay, grab some chicken and come over,” he said. “But don’t rush. I need to give Cindy a few minutes’ notice. Oh, the broccoli casserole at the Chicken Box is good and so are the collard greens. You might also see if they have okra and tomatoes.”
“I don’t like okra,” interjected Billy, who’d inched closer. “It’s slimy.”
Ray was quiet during the short ride to the house. Several people at church had given him the cold shoulder, and the only explanation could be ongoing animosity caused by the newspaper article about the Colfax case.
Billy broke the silence. “Pops has been different since he banged his head and had to go to the hospital,” the boy said.
“How so?” Ray asked.
Billy didn’t immediately respond. Having brought up the subject, he now seemed at a loss for words. “I don’t know,” he said. “Just different.”
“Good different or bad?”
“Good,” Billy said. “I mean, Pops and I get along great, but sometimes you and Mama and Aunt Roxy act mad at him. But he’s trying to be nicer, and I think you should be nice to him too.”
“Okay,” Ray replied. “I’ll do better at lunch.”
Cindy’s eyes widened when Ray told her Corbin was on his way to eat lunch with them after attending church. “Where did he go?” she asked.
“I didn’t ask, but it may have been Hopewell. That’s where one of his AA meetings is held.”
While Cindy got dressed, Ray and Billy straightened up the house. It was a pointless exercise, since his father wouldn’t notice, but Ray knew Cindy cared.
As soon as Corbin came through the front door, the aroma of freshly fried chicken permeated the atmosphere. Billy followed his grandfather into the kitchen like a starving puppy. They unloaded the dinner, spread it out on the kitchen table, and sat down.
“Ray says you went to church this morning,” Cindy said to Corbin.
“At Hopewell, and I plan on going back.”
“Let’s pray and eat,” Ray said.
“Pops, will you pray?” Billy asked.
Everyone looked at Corbin, who closed his eyes and bowed his head. “God, thank you for this food and for my family. I really mean it. Amen.”
By the time Ray finished eating a single chicken breast, Billy had deposited three pristine chicken leg bones on his plate and polished off most
of the potato wedges.
“This is the best food I’ve eaten in a long time,” the boy said, licking his fingers.
Cindy raised her eyebrows. “Use a napkin, and if all it takes to make you happy is fried chicken, maybe your father can bring it home more often.”
FIFTY
Ray had cleared the table and was preparing to slice a watermelon when his phone on the kitchen table vibrated. Cindy picked it up.
“It’s Roxy,” she said.
“Answer it while I wash my hands,” he replied.
“We just finished lunch,” Cindy said to Roxy. “Your father is here too.” She listened for a moment, then handed the phone to Ray.
“Put me on speakerphone,” Roxy said. “That way I won’t have to repeat myself.”
Ray placed the phone in the middle of the kitchen table. “Billy is here too. Is that okay?”
“Sure, but I doubt he’ll be interested in my news.”
Billy gave Cindy a questioning look. She pointed in the direction of his room, and he left.
“Go ahead,” Ray said. “We’re here.”
“I had to resign my job,” Roxy began. “The terms of my severance agreement are confidential, but this is what happened.”
While Roxy talked, Ray kept glancing at Corbin, who looked defeated but not defiant.
“That’s it,” Roxy said when she finished. “And Peter and I are going to come up to Alto next weekend.”
“Why?” Ray asked.
Roxy ignored his question. “I’ll let you know our schedule. Have you made any progress in lining up another expert?”
Ray thought about Dr. Kimberly Clayton. “Maybe. And you need to send us a bill for the amount you paid Dr. Sellers.”
“We’ll discuss that later,” Roxy said. “I gotta go.”
“I’m sorry about your job,” Corbin began. “If I’d known this was going to—”
“She already hung up,” Ray said, picking up his phone. He glanced at Cindy, who was staring hard at Corbin.
“Are you going to offer Roxy a job?” she asked.
“What?” Corbin’s head jerked back. “There’s no way she would want to join us. I mean—”
“She’s too good to work with you and Ray?”
“I don’t think that’s why she’s coming up next weekend,” Ray said, hoping to diffuse the tension. “It’s not a job interview.”
Cindy went into the kitchen. With the lighthearted mood of the dinner squashed, Corbin left a few minutes later. After he was gone, Cindy propped her feet up on the sofa in the living room while Ray finished cleaning up the kitchen.
“Do you feel like this Colfax case is cursed?” Cindy asked when he joined her. “It cost you a job you’ve wanted for over two years, and now it’s ruined Roxy’s career. Who knows how many hours she’s slaved at that law firm for a chance to make partner.”
“She seemed pretty calm about it. I’ve heard her more upset about much less important stuff.”
“Maybe something good will come from all the pain we’ve been through trying to help those boys.” Cindy sighed. “It’s cost our entire family a lot too.”
Even though Ray was going to present the argument against Colfax’s motion to dismiss the complaint, Corbin would attend the hearing. He put on his best blue suit, straightened his tie, and ran his finger over his face and neck to make sure he’d dispatched any remaining gray stubble. When he went into the kitchen to brew some coffee, he had a sudden strong urge to have a shot of liquor. He opened the cabinet door and surveyed the different kinds of whiskey. Each one had its own unique flavor profile. One of his favorites was a ten-year-old blend that was so smooth it made moonshine taste like turpentine. He touched the bottle then slammed the cabinet door so hard he almost hit his fingers.
Arriving at the office Corbin smelled coffee as soon as he came through the rear door.
“Good morning,” Ray said. “Why are you decked out in your best suit? Have you decided to argue the motion?”
“No, but I want to be there.”
“I thought you didn’t want to antagonize Judge Perry.”
“I know I said that, but if I don’t go, I’ll pester you about exactly what happened.”
“It’s fine with me. I came in early to fine-tune my argument.”
“Let me hear it.”
Corbin went into Ray’s office. It wasn’t a complicated issue, and Ray did an excellent job of explaining why it was legally incorrect for the judge to throw out the case at this early stage in the proceedings.
“What are the odds the lawyer from Roxy’s firm will show up?” Ray asked when he finished.
“Less than 10 percent,” Corbin replied. “They’ll save him for the big stuff: depositions, motion for summary judgment, and trial.”
“Trial? I’m confident about today, but I have serious doubts that we’ll make it to a jury.”
“Don’t go in with a defeatist attitude. Nate Stamper and Judge Perry will smell your fear.”
“That should help me relax,” Ray said, smiling. “And I think the chance of you letting me do all the talking in court this morning is less than 1 percent.”
Ten minutes before the hearing they walked across the street to the courthouse. Corbin felt more nervous than if he were the one planning to argue the case. They went to Judge Perry’s chambers.
“He’s going to hear the motion in the courtroom,” the judge’s secretary told them.
“Why?” Ray asked. “There aren’t going to be any witnesses.”
“All I know is that’s what he told me to tell the lawyers.”
Corbin looked at Ray and shrugged. He waited until they were alone in the hallway to speak. “You know what to say if Nate tries to put on any evidence.”
“Yes, yes. He can’t turn it into a motion for summary judgment without prior notice that gives us the opportunity to present testimony and affidavits of our own.”
They entered the courtroom. Nate Stamper was already at the table used by the defense counsel in civil cases. He turned around and saw them but didn’t acknowledge their presence. Another man was beside him.
And it wasn’t Guy Hathaway from Colfax.
“Who’s that with Nate?” Ray whispered as they walked down the aisle.
Corbin shrugged. “Probably somebody from Colfax’s corporate headquarters.”
They reached the wooden bar and crossed into the open area before the bench.
“Good morning, Nate,” Ray said.
Nate shook Ray’s hand. Corbin held back.
“This is Ted Daughbert,” Nate said. “You received a notice that his firm is going to be co-counsel in the case.”
Corbin narrowed his gaze as he studied the man responsible for Roxy’s termination from Frank and Donaldson. Daughbert shook Ray’s hand.
“And I take it this is the lawyer Gage the elder?” Daughbert said, moving closer to Corbin. “It’s quite an accomplishment, convincing two of your children to follow in your steps.”
“You know Roxanne?” Nate interjected in surprise.
“We met once,” Daughbert replied. “She used to work for our firm.”
“When did she leave?” Nate asked.
“Recently,” Daughbert said, keeping his eyes fixed on Corbin.
Daughbert looked physically fit, but Corbin was confident a well-placed blow from his meaty fist to the younger lawyer’s chin would render him unconscious.
The judge and a court reporter entered the courtroom. Corbin sat down, and Ray organized his paperwork. While the court reporter set up her machine, Judge Perry ignored the lawyers and flipped through the file.
“I’m ready,” the court reporter said.
“Kilpatrick et al and Watson et al v. Colfax Fertilizer Company,” the judge said. “This is the hearing on defendant’s motion to dismiss the complaint. Proceed for the defendant.”
Nate Stamper remained seated as Daughbert stood and introduced himself to the judge. Stone-faced, Corbin watched and listened.
&n
bsp; “Welcome to Rusk County, Mr. Daughbert,” Judge Perry said. “Go ahead.”
“Thank you, Your Honor.”
Daughbert spoke without notes. He had a clear voice and relaxed approach. It was a style Corbin knew worked well with both judges and jurors, who could quickly be turned off by attorney arrogance or bombast. However, the law wasn’t on Daughbert’s side, and the defense lawyer didn’t come up with any deceptively creative spin in support of the motion. Other than not wanting to miss an opportunity to bill his new client, it didn’t make sense why he’d made the trip to Alto.
“Even forecasting the evidence in the light most favorable to the plaintiffs, there isn’t a sufficient recitation of provable facts to establish proximate cause for the damages alleged, and the complaint should therefore be dismissed.”
Daughbert sat down, and Corbin breathed easier. The out-oftown lawyer’s argument was a trial court version of the big bad wolf’s threats against the brick cottage.
“I’ll respond on behalf of the plaintiffs,” Ray said as he stood to his feet.
Ray left his notes on the corner of the table in case he needed them and also spoke extemporaneously. Several sentences into his argument, he cited three appellate court decisions that provided judicial precedent to deny the motion. One of the cases involved a toxic tort, a nice touch.
“I’m familiar with the Vicenza case,” the judge interrupted when Ray mentioned the tort case. “What happened when it was remanded to the trial court?”
“I don’t know,” Ray replied. “Its relevance this morning is the Court of Appeals ruling on the standard to follow in considering a motion to dismiss the complaint in a case like this one.”
“Your Honor, I know what happened,” Daughbert said.
“Please tell Mr. Gage,” the judge replied.
Daughbert turned toward Ray. Corbin caught a glint of malice in the defense lawyer’s eyes.
“A subsequent motion for summary judgment was granted based on affidavit testimony and affirmed on appeal.”
Ray turned to Judge Perry.
“Which is different from the procedural posture of our case today,” he said. “There aren’t any affidavits in the record from either side.”
A House Divided Page 36
