Justice McElwayne's bitter dissents2 continued into the spring. But after the sixth loss in a row, another 5-4 split, he lost some of his spunk3. The case involved gross negligence4 on the part of an incompetent5 doctor, and when the court took away the verdict, McElwayne knew that his brethren had shifted so far to the right that they would never return.
An orthopedic surgeon in Jackson botched a routine surgery to repair a herniated disk. His patient was rendered a paraplegic, and eventually filed suit. The doctor had been sued five times previously6, had lost his medical license7 in two other states, and had been treated on at least three occasions for addiction9 to painkillers10. The jury awarded the paraplegic $1.8 million for actual damages, then slapped the doctor and the hospital with $5 million in punitive12 damages.
Justice Fisk, in his first written opinion for the majority, declared the actual damages to be excessive and the punitive award unconscionable. The decision sent the case back for a new trial on actual damages only. Forget punitive.
Justice McElwayne was apoplectic13. His dissent1 bristled14 with vague allegations that special interests of the state now had more influence on the supreme15 court than did four of its own members. The final sentence of his initial draft was almost libelous16: "The author of the majority opinion feigns17 shock at the amount of the punitive award. However, he should be rather comfortable with the sum of $5 million. That was the price of the seat he now occupies." To get a laugh, he e-mailed a copy of the draft to Sheila McCarthy. She indeed laughed, then begged him to remove the last sentence. Eventually, he did.
McElwayne's dissent raged for four pages. Albritton concurred18 with another three.
They wondered privately19 if they could find happiness in writing useless dissents for the rest of their careers.
Their useless dissents were beautiful music to Barry Rinehart. He was carefully reading every decision out of Mississippi. His staff was analyzing20 the opinions, the pending21 cases, and the recent jury trials that might one day send a verdict to the high court.
As always, Barry was watching closely.
Electing a friendly judge was indeed a victory, but it wasn't complete until the payoff. So far, Justice Fisk had a perfect voting record. Baker22 v. Krone Chemical was ripe for a decision.
On a flight to New York to see Mr. Trudeau, Barry decided23 that their boy needed some reassurance24.
The dinner was at the University Club, on the top floor of Jackson's tallest building.
It was a quiet event, almost secret, by invitation only and the invitations were not printed. A phone network had rounded up the eighty or so guests. The evening was in honor of Justice Ron Fisk. Doreen was there and had the high honor of sitting next to Senator Myers Rudd, who'd just flown in from Washington. Steak and lobster25 were served. The first speaker was the president of the state medical association, a dignified26 surgeon from Natchez who at times seemed near tears as he talked about the enormous sense of relief in the medical community. For years, the doctors had labored27 under the fear of litigation. They had paid enormous insurance premiums28. They had been subjected to frivolous29 lawsuits30.
They had been abused in depositions32 and during trials. But now everything had changed.
Because of the new direction of the supreme court, they could properly treat their patients without looking over their shoulders. He thanked Ron Fisk for his courage, his wisdom, and his commitment to protecting the doctors and nurses and hospitals of the state of Mississippi.
Senator Rudd was on his third scotch33, and the host knew from experience that the fourth one meant trouble. He called on The Senator to say a few words. Thirty minutes later, after fighting battles around the world and settling everything but the conflict in the Middle East, Rudd finally remembered why he was there. He never used notes, never planned a speech, never wasted time on forethought. His presence alone was enough to thrill everyone. Oh yes, Ron Fisk. He recounted their first meeting in Washington a year earlier. He called him "Ronny" at least three times. When he saw the host point at his watch, he finally sat down and demanded scotch number four.
The next speaker was the executive director of the Commerce Council, a veteran of many bruising34 battles with the trial lawyers. He spoke35 eloquently36 about the drastic change in the state's economic development environment. Companies young and old were suddenly making bold plans, no longer afraid to take risks that might lead to litigation.
Foreign firms were now interested in locating facilities in the state. Thank you, Ron Fisk.
Mississippi's reputation as a judicial37 hellhole, as a dumping ground for thousands of frivolous lawsuits, as a haven38 for reckless trial lawyers, had changed almost overnight. Thank you, Ron Fisk.
Many firms were beginning to see the first signs of stabilized39 rates for liability insurance protection. Nothing definite yet, but things looked promising40. Thank you, Ron Fisk.
After Justice Fisk had been showered with praise, almost to the point of embarrassment41, he was asked to say a few words himself. He thanked everyone for their support during his campaign. He was pleased with his first three months on the court, and he was certain that the majority there would hold together on the issues of liability and damages. (Heavy applause.) His colleagues were bright and hardworking, and he claimed to be enamored with the intellectual challenge of the cases. He did not feel the least bit disadvantaged because of his inexperience. On behalf of Doreen, he thanked them for a wonderful evening.
It was a Friday night, and they drove home to Brookhaven still floating on the accolades42 and admiration43. The kids were asleep when they arrived at midnight.
Ron slept six hours and awoke in a panic over where to find a catcher. Baseball season was beginning. Tryouts were at 9:00 a.m. for the eleven- and twelve-year-olds. Josh, eleven, was moving up and would be one of the highest-ranked newcomers to the league.
Because of his demanding job, Ron could not commit to a head coaching position. He could not make all the practices, but he was determined44 not to miss a single game.
He would handle the pitchers45 and catchers. One of his former law partners would handle the rest and call himself the head coach. Another father would organize the practices.
It was the first Saturday in April, a chilly46 morning throughout the state. A nervous bunch of players and parents and especially coaches gathered at the city park for the beginning of the season. The nine- and ten-year-olds were sent to one field, the elevens and twelves to another. All players would be evaluated, then ranked, then placed in the draft.
The coaches met behind home plate to get organized. There was the usual nervous chatter47 and cheap shots and lighthearted insults. Most of them had coached in the same league the year before. Ron, back then, had been a popular coach, just another young father who would spend hours on the field from April to July. Now, though, he felt a bit elevated. He had put together a brilliant campaign and won an important political race with a record vote. That made him unique among his peers. There was, after all, only one supreme court justice in the town of Brookhaven. There was a certain detachment that he did not particularly like, though he wasn't sure if he disliked it, either.
There were already calling him "Judge.”
judge Fisk pulled a name out of the hat. His team was the Rockies.
The apartment was so cramped48 during the week they had to escape on Saturdays.
The Paytons coaxed49 Mack and Liza out of bed with the suggestion of breakfast at a nearby pancake house. Afterward50, they left Hattiesburg and arrived in Bowmore before 10:00 a.m. Mrs. Shelby, Mary Grace's mother, had promised a long lunch under an oak tree-catfish followed by homemade ice cream. Mr. Shelby had the boat ready. He and Wes took the kids to a small lake where the crappie were biting.
Mary Grace and her mother sat on the porch for an hour, covering the usual topics, avoiding anything remotely related to the law. Family news, church gossip, weddings, and funerals, but they stayed away from cancer, which for years had dominated the chatter in Cary County.
Long before lunch, Mary Grace drove to town, to Pine Grove51, where she met with Denny Ott. She passed along her latest thoughts on the new supreme court, a rather sad summary. Not for the first time she warned Denny that they would probably lose. He was preparing his people. He knew they would survive. They had lost everything else.
She drove two blocks and parked in the gravel52 driveway of Jeannette's trailer. They sat outside, under a shade tree, sipping53 bottled water and talking about men. Jeannette's current boyfriend was a fifty-five-year-old widower54 with a nice job and a nice home and little interest in her lawsuit31-not that the lawsuit was attracting the attention it once commanded. The verdict was now seventeen months old. Not a dime55 had changed hands, and none was anticipated.
"We expect a ruling this month," Mary Grace said. "And it will be a miracle if we win.”
"I'm praying for a miracle," Jeannette said, "but I'm ready for whatever happens.
I just want it to be over.”
After a long chat and a quick hug, Mary Grace left. She drove the streets of her hometown, past the high school and the homes of childhood friends, past the stores on Main Street, then into the countryside. She stopped at Treadway's Grocery, where she bought a soda56 and said hello to a lady she had known her entire life.
Driving back to her parents' home, she passed the Barrysville Volunteer Fire Department, a small metal building with an old pumper that the boys rolled out and washed on election days. The station also served as a precinct, where, five months earlier, 74 percent of the fine folks of Barrysville voted for God and guns and against gays and liberals. Barely five miles from the Bowmore town limits, Ron Fisk had convinced these people that he was their protector.
Perhaps he was. Perhaps his mere57 presence on the court was too intimidating58 for some.
The Meyerchec and Spano appeal was dismissed by the clerk for a lack of prosecution59.
They failed to file the required briefs, and after the usual warnings from the clerk their lawyer said they had no desire to go forward. They were not available for comment, and their lawyer did not return phone calls from reporters.
On the day of the dismissal, the supreme court reached a new low in its movement to drastically limit corporate60 exposure. A privately held pharmaceutical61 company called Bosk had made and widely marketed a strong painkiller11 called Rybadell. It proved to be horribly addictive62, and within a few years Bosk was getting hammered with lawsuits. During one of the first trials, Bosk executives were caught lying.
A U.S. attorney in Pennsylvania opened an investigation63, and there were allegations that the company had known about Rybadell's addictive propensities64 but had tried to bury this information. The drug was extremely profitable.
A former Jackson cop named Dillman was injured in a motorcycle accident, and in the course of his recovery became addicted65 to Rybadell. He battled the addiction for two years, during which time his health and the rest of his life disintegrated66. He was arrested twice for shoplifting. He eventually sued Bosk in the Circuit Court of Rankin County. The jury found the company liable and awarded Dillman $275,000, the lowest Rybadell verdict in the country.
On appeal, the supreme court reversed, 5-4. The principal reason, set forth67 in the majority opinion by Justice Romano, was that Dillman should not be awarded damages because he was a drug addict8.
In a rancorous dissent, Justice Albritton begged the majority to step forward and produce any scintilla68 of proof that the plaintiff was a drug addict "before his introduction to Rybadell.”
Three days after the decision, four Bosk executives pled guilty to withholding69 information from the Food and Drug Administration, and to lying to federal investigators70.
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1
dissent
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| n./v.不同意，持异议 | |
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dissents
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| 意见的分歧( dissent的名词复数 ) | |
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spunk
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| n.勇气，胆量 | |
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negligence
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| n.疏忽，玩忽，粗心大意 | |
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incompetent
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| adj.无能力的，不能胜任的 | |
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previously
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| adv.以前，先前（地） | |
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license
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| n.执照，许可证，特许；v.许可，特许 | |
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addict
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| v.使沉溺；使上瘾；n.沉溺于不良嗜好的人 | |
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addiction
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| n.上瘾入迷，嗜好 | |
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painkillers
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| n.止痛药( painkiller的名词复数 ) | |
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painkiller
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| n.止痛药 | |
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punitive
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| adj.惩罚的，刑罚的 | |
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apoplectic
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| adj.中风的；愤怒的；n.中风患者 | |
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bristled
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| adj. 直立的，多刺毛的 动词bristle的过去式和过去分词 | |
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supreme
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| adj.极度的，最重要的；至高的，最高的 | |
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libelous
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| adj.败坏名誉的，诽谤性的 | |
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feigns
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| 假装，伪装( feign的第三人称单数 )； 捏造（借口、理由等） | |
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concurred
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| 同意（concur的过去式与过去分词形式） | |
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privately
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| adv.以私人的身份，悄悄地，私下地 | |
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analyzing
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| v.分析；分析( analyze的现在分词 )；分解；解释；对…进行心理分析n.分析 | |
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pending
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| prep.直到，等待…期间；adj.待定的；迫近的 | |
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baker
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| n.面包师 | |
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decided
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| adj.决定了的，坚决的；明显的，明确的 | |
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reassurance
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| n.使放心，使消除疑虑 | |
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lobster
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| n.龙虾，龙虾肉 | |
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dignified
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| a.可敬的，高贵的 | |
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labored
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| adj.吃力的，谨慎的v.努力争取(for)( labor的过去式和过去分词 )；苦干；详细分析；（指引擎）缓慢而困难地运转 | |
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premiums
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| n.费用( premium的名词复数 )；保险费；额外费用；（商品定价、贷款利息等以外的）加价 | |
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frivolous
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| adj.轻薄的；轻率的 | |
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lawsuits
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| n.诉讼( lawsuit的名词复数 ) | |
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lawsuit
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| n.诉讼，控诉 | |
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depositions
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| 沉积（物）( deposition的名词复数 )； （在法庭上的）宣誓作证； 处置； 罢免 | |
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33
scotch
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| n.伤口，刻痕；苏格兰威士忌酒；v.粉碎，消灭，阻止；adj.苏格兰(人)的 | |
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bruising
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| adj.殊死的；十分激烈的v.擦伤(bruise的现在分词形式) | |
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spoke
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| n.（车轮的）辐条；轮辐；破坏某人的计划；阻挠某人的行动 v.讲，谈（speak的过去式）；说；演说；从某种观点来说 | |
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eloquently
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| adv. 雄辩地(有口才地, 富于表情地) | |
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judicial
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| adj.司法的，法庭的，审判的，明断的，公正的 | |
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haven
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| n.安全的地方，避难所，庇护所 | |
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stabilized
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| v.（使）稳定， （使）稳固( stabilize的过去式和过去分词 ) | |
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promising
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| adj.有希望的，有前途的 | |
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embarrassment
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| n.尴尬；使人为难的人(事物)；障碍；窘迫 | |
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accolades
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| n.（连结几行谱表的）连谱号( accolade的名词复数 )；嘉奖；（窗、门上方的）桃尖拱形线脚；册封爵士的仪式（用剑面在肩上轻拍一下） | |
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admiration
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| n.钦佩，赞美，羡慕 | |
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determined
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| adj.坚定的；有决心的 | |
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pitchers
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| 大水罐( pitcher的名词复数 ) | |
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chilly
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| adj.凉快的，寒冷的 | |
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chatter
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| vi.／n.喋喋不休；短促尖叫；(牙齿)打战 | |
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cramped
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| a.狭窄的 | |
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coaxed
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| v.哄，用好话劝说( coax的过去式和过去分词 )；巧言骗取；哄劝，劝诱 | |
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afterward
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| adv.后来；以后 | |
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grove
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| n.林子，小树林，园林 | |
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gravel
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| n.砂跞；砂砾层；结石 | |
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53
sipping
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| v.小口喝，呷，抿( sip的现在分词 ) | |
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widower
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| n.鳏夫 | |
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dime
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| n.（指美国、加拿大的钱币）一角 | |
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56
soda
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| n.苏打水；汽水 | |
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57
mere
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| adj.纯粹的；仅仅，只不过 | |
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intimidating
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| vt.恐吓，威胁( intimidate的现在分词) | |
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prosecution
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| n.起诉，告发，检举，执行，经营 | |
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corporate
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| adj.共同的，全体的；公司的，企业的 | |
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pharmaceutical
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| adj.药学的，药物的；药用的，药剂师的 | |
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addictive
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| adj.(吸毒等)使成瘾的，成为习惯的 | |
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investigation
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| n.调查，调查研究 | |
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propensities
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| n.倾向，习性( propensity的名词复数 ) | |
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addicted
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| adj.沉溺于....的，对...上瘾的 | |
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66
disintegrated
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| v.（使）破裂[分裂，粉碎]，（使）崩溃( disintegrate的过去式和过去分词 ) | |
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forth
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| adv.向前；向外，往外 | |
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scintilla
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| n.极少，微粒 | |
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withholding
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| 扣缴税款 | |
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investigators
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| n.调查者，审查者( investigator的名词复数 ) | |
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