Ice Cream Man

by Charles Puccia

“Say no more. That coma ward is full of Grouchos and Chicos. Sorry, darling, I didn’t mean to interrupt. Go on.” Joe’s voice was soft, Village-hip, with a heavy dose of gay and an underlying educated tone. Ivy League, maybe? He certainly didn’t hail from one of New York’s outer boroughs.

  Dan summarized Vinnie’s needs. Joe explained that his patients were typically not open-ended assignments like coma patients, but he’d had a few that he’d stayed with till the end.

  Ben asked the key question. “Can you take on a new patient?”

  “Big boy, you know I’m free so drop the candy store pretense. I know underneath all that gorgeous muscle you have a brain. It’s been three weeks since I lost my last. It takes me that long to recharge, and it doesn’t get easier. But I’m back in the saddle now, and I would do anything for your bulbous saddle, you hunky piece of meat.”

  Ben blushed. “Great. Can you handle the hospital discharge? I’ll give Dan your number and you two can talk over the details.” Ben looked at Dan, who nodded. “That’s settled then. I can make arrangements at my place—you know, the first floor room facing the park. That’ll do, won’t it? What else?”

  “That room’s perfect,” Joe said. “Don’t worry your bubble butt about anything. Leave it all to me. I’ll prepare a medical equipment list and have a prelim budget before we talk. Can you prepare your limits?”

  “Joe, don’t skimp. Include everything and we’ll trim later.” Dan’s voice was strong yet checked for Ginny’s approval. This was a major commitment for them at a time when Dan’s income was uncertain. Ginny held Dan’s hand.

  “Ben, this is for you,” Joe said. “Have Vinnie’s room set up before he’s discharged. I’m not fucking around with my patient. And that’s the other point, for everyone. Vinnie is my patient and I’m in charge. I get any shit or objections, I walk away. Does everyone agree?”

  Three voices responded. “Yes.” “Absolutely.” “Yes.”

  “One last point, Dan. Who’s authorized to sign the discharge papers? Usually it’s a spouse or next of kin, like a parent or sibling. Does Vinnie have a medical guardian? I hope he had the forethought to establish one. If not, BIZ can tie this up with delays. They’ve got lawyers coming out their asses.”

  Dan’s voice wobbled. “I’m afraid I don’t know. I’ll contact my office to find out if they know, and I’ll call his parents, although he’s not on speaking terms with his father. That’s a long story. I’ve not met either one of them.”

  The room went silent for several seconds until Ben spoke. “Okay, Joe, you get the ball rolling. We all know what we have to do next. Talk soon. Love ya. Bye.”

  No one moved. Dan put one hand on his chin, his eyes cast downward. “Ginny, this is a big decision. I hope we don’t regret it.” Dan looked straight on at Ginny.

  “Never. Vinnie’s your best friend. We’ll stand together to help him. I’m with you all the way on this.”

  Dan turned to Ben. “And what’s this about your condo? I can’t ask you to take someone into your condo. It’s too much.”

  Ben gave a snorting laugh. “Neither of you have been to my condo. I told you I own this whole building, right? My condo spans two floors. I won’t be near Vinnie or Joe. They’ll be on the floor below. I have fifteen thousand square feet. Do you think I fucking use all of it?”

  Dan made a rough calculation based on the three thousand square feet he and Ginny had purchased at two point three million, and not on the top floor. Ben’s place would be eighteen to twenty million. Holy shit.

  “Ben, it’s still too much to ask,” said Ginny.

  “No it’s not. Are you refusing to accept my offer? What’s your alternative? Accept it—no more discussion.”

  Chapter 34

  Legal

  The expansive office was adorned with modern decor and a health-conscious motif. Juice bar, exercise mat, state-of-the-art lifecycle, a high-def TV. Water cascaded down one wall; another held a seventy-five-gallon fish tank. Four leather coaches surrounded a square Murano glass coffee table. A sleek Italian-designer chrome desk with trussed cables to the ceiling sat at one end of the room. Gary Del Vecchio, President and CEO, had designed his office to match his philosophy.

  Myron Rosenberg, DV&N’s chief counsel, sat on the couch adjacent to the one occupied by Gary. Without preamble, Myron declared: “It’s not good, Gary.”

  “Explain. What’s not good? For whom?” Gary’s hands were out in front, like he was pushing a car in need of a jump-start.

  “I called my friend Lenny Cohen at Schwartz, Kauffman, and Klein; sexual harassment is his expertise. Lenny said that DV&N’s exposure is big, given the company’s net worth. Every lawyer in town would sell their family to get this case. If it weren’t a conflict of interest, Lenny would take the case himself, the son of a bitch. That’s what I’m talking about.”

  “I can’t believe it. Dan’s one of the most decent people I know. And his wife Ginny is stunningly beautiful. I’m gay, and I notice her. Dan sexually attacking Linda… it makes no sense.”

  “You’re missing a key point. True, Dan’s wife may have given every man at the holiday festival a woody—mine lasted twenty-four hours…” Myron grinned; Gary did not. “Well, the point is that sexual assault—rape, to be blunt—is not about sex. It’s about power and control. Rapists are either emasculated men or men that want to demonstrate their power and position. Any schmuck lawyer will make mincemeat of Dan.”

  Myron cleared his throat, then spoke with a nasal intonation: “Ladies and gentlemen of the jury, this man lost out on a lucrative career opportunity in Paris—and he lost it to a woman. The plaintiff Linda Lords.” Myron gestured to an empty couch. “The defendant, Dan Livorno, was emasculated by this—and so he did what every lowlife scum humiliated by a woman does: he attacked her in the most violent way possible.”

  Myron returned to his normal voice. “Get it, Gary?”

  “Shit, shit, and shit.” Gary stared across the room.

  “Dan has to go. You could suspend him without pay for six months, but in my opinion, it’d be better for him and us if you give him an immediate dismissal. Sweeten it with a good severance package. Six-month suspension is a risk. Any lawyer will advise Linda to take this to civil court. If she does, you’ll have to fire Dan without severance, so dismissal now would actually be doing him a favor.”

  Myron’s glare and curling lips gave Gary the feeling he was a scolded schoolboy. “So I tell Dan six months unpaid, risking dismissal at any time with no severance, or he resigns effective immediately with six months’ salary.”

  With a small smile, Myron added, “That’ll cover us. With Dan gone, Linda either brings a civil suit immediately or she weakens her case. Of course, there are no limits on a criminal rape charge, but that’s not our concern. In six months, Linda’s up for a performance review, which might warrant her reassignment to, say, Bogota or Cape Town. That’s a bargaining chip for later.”

  “What’s our short-term situation?” Gary twirled a pen on the glass coffee table, a habit of his when he was making a decision.

  “Right now we say nothing about a demotion to Linda, or we’re complicit in Dan’s alleged rape… she’d own us. If Dan resigns, our vulnerability diminishes after three months. We need to learn Linda’s immediate intentions against Dan and DV&N, and Bill can help us with that.”

  The pen stopped twirling. “Okay, you and Bill feel out Linda’s position on lawsuits, and I’ll talk to Dan. This is a fucking nightmare. It’s times like this I hate being the president. You were right, Myron, it’s not good.”

  ****

  Instead of returning to Paris, Linda situated herself in the Park Plaza Presidential Suite, a sumptuous set of rooms big enough to entertain her family or friends over the Christmas holidays. This largesse on the part of DV&N was deliberate: it established their concern for Linda’s health and their support for her grievance. Myron wasn’t sure DV&N was getting enough value for twenty-four hundred a day. But the one piece of luck, in
his ironic worldview, was that the lazy Europeans shut down until after the new year anyway, so Linda would not miss much work.

  Linda had a different perspective on this situation. Her Christmas plan had been to work in Paris on the private portfolio for her and Bill, without scrutiny or distraction. Now she’d have to spend weekends at the office. Linda had asked Bill if he could alter the arrangement, but he’d explained management’s thoughts. If she played her cards right, Dan would resign, and then they’d be home free. Bill even suggested she meet an attorney to consult on a civil suit. Criminal charges would be better, but Bill cautioned her not to file. “The fucking pigs or a DA can screw things up, if a zealot actually investigates and finds no rape assault.”

  So when Myron came by to talk, Linda spun her yarn. She didn’t want to hurt Dan; she understood his anger. However, she had nightmares of meetings that included Dan. She’d have a hard time moving on emotionally. However, if Dan were no longer a DV&N employee… well, then Linda felt sure she could conquer her emotional problems. She probably wouldn’t even need time off for therapy. Ipso facto, no Dan, no lawsuit.

  ****

  All hospitals discourage self-discharge. Of course, for a coma patient, that wasn’t a problem. Further, in such cases the discharge decision went by default to the hospital, rarely to a relative. So when it came time to get Vinnie out of Belgravia Incare-Z, Dan’s biggest bargaining chip had been that DV&N supplemented Vinnie’s healthcare costs. But even so, there was no way he would be able to discharge Vinnie without a medical-care provision—the “living will”—naming someone as his executor. Dan hoped DV&N had something on file; otherwise a legal battle would surely ensue.

  Dan’s call surprised Shareen Cooper, DV&N’s personnel administrator. “I was about to call you, Dan. Gary would like to meet. When can you come by?”

  “Now. I’m calling about Vinnie, and it’s urgent. I’d like to see you, and Maria, too.”

  “Is Vinnie okay? Has something happened?”

  “He’s the same. It’s complicated.” Dan relayed his request that she check Vinnie’s personnel file for a living will. Shareen promised to have the information upon his arrival.

  Shareen met Dan at the DV&N reception desk. His visitor’s badge was attached to his lapel. She told him that Vinnie’s medical file gave no details about emergency care. She had queried Maria and Blanca, but neither had anything to add.

  “Thanks for checking. Can you can give me Vinnie’s mother’s number, please?” Dan asked.

  “Uh… okay, but wait here and I’ll get it from Vinnie’s file.”

  Shareen’s formal tone put Dan off. “Take your time. I’ll meet Gary, then I’ll swing by your office. I do remember my way around.” Dan flicked the visitor’s badge.

  “No, please wait, let me get the number first. I can use the exercise.” Shareen fidgeted with her notebook.

  As she walked away, Dan thought, Why should she insist I wait? Am I really that much of a threat here?

  ****

  Forty minutes later, Dan had an answer to his rhetorical question. Had Shareen waited until after his meeting with Gary, she would not have been able to share Vinnie’s personnel information with him at all.

  Because such information can’t be shared with an ex-employee.

  The exchange with Gary had been short and tense. Myron sat adjacent to Gary, Dan on a couch directly opposite.

  “Dan, I’m sorry, but we’re going to have to let you go. This incident with Linda puts DV&N at risk. Believe me, I’m very sorry. Myron tells me there are two options.”

  Gary did not elaborate on the two options; there was no need. Myron suggested Dan take time to think about the options, although he would counsel that the resignation was the more favorable of the two choices.

  Dan rubbed his eyes, giving himself the appearance of being overcome by emotion. But his appearance belied the fact that his brain was already working several steps ahead, like a chess player.

  “I’ll resign,” he said. “I’ll take the six-month severance. And I want it to go on record that I did nothing wrong. You’ll soon find out that I had DV&N’s interest at heart. Linda is going to ruin your European expansion.”

  “Dan we’ve been over this.” Gary’s voice crackled.

  “Don’t worry, I’m not revisiting anything. In fact, after you screw me, I’ll be laughing when you find out you’ve been screwed. Both of you, and DV&N. I had intended to help, but not now. However, before I voluntarily resign, I want to add a condition.”

  “Dan, you’re not in a position to bargain,” barked Myron.

  Gary twirled his pen. “Stop, Myron, let’s hear what Dan has to say.”

  Myron shook his head like a wet poodle.

  Dan looked straight at Gary. “DV&N covers Vinnie for private medical expenses as soon as he’s discharged from the Belgravia Incare-Z hospital. What his insurance doesn’t cover gets picked up by DV&N. I’d guess your bill will double or triple from its current level. If you don’t accept this condition, I’ll engage a lawyer for unfair dismissal, and I’ll go public. That’s my deal.”

  An agreement was reached: private care for six months, but for standard medical procedures only, nothing experimental. Dan asked for a definition of “standard medical” and Myron gave his medical definition: “Under a million.”

  Humiliated but not entirely dejected, Dan left his former employer’s office with something. On the street he recalled a business journal interview from a year before. It had included Gary Del Vecchio’s boast that DV&N’s success came because he had a canny ability to recognize and pursue exceptionally talented people like Dan Livorno.

  Chapter 35

  Hello Mrs. Briggs

  “Hello, is this Mrs. Briggs?” Dan didn’t wait for a response. “I’m Dan Livorno. I work with… I mean, I used to work with your son Vinnie,” Dan said over the phone.

  “Oh, hello, Mr. Livorno. I’ve heard so much about you from Vinnie. How can I help?” Mrs. Briggs’s voice had a lovely vibrato.

  Dan was surprised. He had gotten the impression from Vinnie—and it had been confirmed by Blanca—that Vinnie had no contact with his family.

  “Really? Vinnie never told me he spoke to you.”

  “Yes. We talked by phone once a month. Not his father. He and Vinnie have issues.”

  I’ll bet, thought Dan. Vinnie had told him all about being disowned over his sexual orientation. “My brother beat the fuckin’ crap out of me with my father’s encouragement,” Vinnie had said.

  “I’m glad you know who I am. Do you know I’ve visited Vinnie?” Dan kept his voice relaxed, his breathing even.

  “Yes. That nice Nurse Betty told me. She said you were DV&N’s representative. I can’t tell you how much it means to know that Vinnie’s under good care because of you and DV&N. I appreciate it very much, Mr. Livorno. You are so kind and so busy, yet taking time to visit my Vinnie. You’re a good man.”

  Those last words stung. Dan cleared his throat. “Please, call me Dan.”

  “Okay. I’m Ellen.”

  “Well, Ellen, I’m calling about Vinnie. You know about his prognosis. It’s… we’re all hoping for the best.” Dan’s voice cracked. “I’m calling about his hospitalization.”

  “Oh, yes. Again, thank you for covering his costs. We’d have never been able to afford it.”

  “Well, that’s why I’m calling, Ellen.”

  “Oh, no. DV&N won’t pay anymore, will they? Oh, my. I don’t know what we’ll do.”

  Dan heard the panic in her voice. “No, no. I’m sorry to worry you. DV&N will continue to pay. It’s another matter. Can you meet me at the hospital tomorrow morning?”

  Now Ellen’s voice sounded even more panicked. “Is Vinnie all right? Has something happened? Oh, God, oh, don’t tell me.”

  Dan knew that Ellen would misinterpret anything he said over the phone. “No, don’t worry. Vinnie’s fine. Can I come over to explain in person?”

  ****

  Ellen B
riggs’s three-story Queens brownstone wasn’t grand, but it wasn’t shabby. The diminutive woman greeted Dan with two kisses, one on each cheek. She was a stunning woman in her late fifties; her figure hadn’t sagged. Her beautiful face matched her melodic voice.

  “Can I get you anything to drink? Coffee, tea, beer, or something stronger?” Ellen rattled off this menu as Dan entered the living room. She pointed him to a sofa that faced a large-screen TV.

  “Thanks, Ellen, I’m fine. I’d like to get to the point, as time is important.”

  “It’s not a problem. I have coffee brewed already. I can make decaf, too.”

  The beverage decision seemed to have become Vinnie’s mother’s primary interest, so Dan raised his index finger. “Coffee, no sugar and a little milk. Thanks.”

  When Ellen handed Dan a coffee mug, she also placed a dessert plate with a thick slice of pound cake on the table in front of him. She herself held nothing.

  Dan sipped the coffee, then forked a large piece into his mouth, chewing as he spoke. “Yesterday I saw Vinnie at the hospital, and I’m concerned that he’s not receiving the best possible care. I’d like to move Vinnie from the BIZ into private care—to a condo of a good friend. This friend, Ben Hausen, has a large condo on sixty-third across from Central Park. Vinnie would have a bedroom and a round-the-clock nurse, Joe Malich. DV&N has agreed to pay for this private care.”

  At this point Dan stopped. He was unsure how much more to share. The pound cake and coffee came in handy as he reflected. Joe and Ben were gay, but that shouldn’t matter. Vinnie had always said he’d despised being known as Dan’s “gay assistant.” Vinnie had been adamant that ability and performance were unrelated to whom he fucked. The wording didn’t thrill Dan, but he agreed with the principle. And Dan was sure Vinnie would feel the same about this: it was the nurse’s ability that mattered.

  “Joe is a trained hospice care nurse. Mostly AIDS patients, but coma too.”

  Dan paused. There was no change in Ellen’s facial expression.

  “This is a lot to take in, I know. Unfortunately, it requires swift action.” Dan explained the discharge procedure and the medical guardianship issue. “Ellen, do you know if Vinnie has a living will? It’d be unusual for a man as young as Vinnie, but did he have one?”