Eight days later, on a rainy Sunday morning, Josh Fisk was loaded into an ambulance for the drive to Brookhaven. Once there, he would be placed in a room at the hospital five minutes from home. He would be watched closely for a week or so, then, hopefully, released.
Doreen rode with him in the ambulance.
Ron drove to the Gartin building and went to his office on the fourth floor. There was no sign of anyone there, which was precisely1 what he wanted. For the third or fourth time, he read Calligan's opinion reversing the verdict in Baker2 v. Krane Chemical, and though he had once agreed with it completely, he now had doubts. It could have been written byjared Kurtin himself. Calligan found fault with virtually all of Baker's expert testimony3. He criticized Judge Harrison for admitting most of it. His sharpest language condemned4 the expert who linked the carcinogenic by-products to the actual cancers, calling it "speculative5 at best." He imposed an impossible standard that would require clear proof that the toxins6 in the Bowmore water caused the cancers that killed Pete and Chad Baker. As always, he caterwauled at the sheer size of the shocking verdict, and blamed it on the undue7 passion created by Baker's attorneys that inflamed8 the jurors.
Ron read again the opinion by McElwayne, and it, too, sounded much different.
It was time to vote, to make his decision, and he simply had no stomach for it. He was tired of the case, tired of the pressure, tired of the anger at being used like a pawn9 by powerful forces he should have recognized. He was exhausted10 from Josh's ordeal11 and just wanted to go home. He had no confidence in his ability to do what was right, and he wasn't sure what that was anymore. He had prayed until he was tired of praying. He had tried to explain his misgivings12 to Doreen, but she was as distracted and unstable13 as he was.
If he reversed the verdict, he would betray his true feelings. But his feelings were changing, were they not? How could he, as a detached jurist, suddenly swap14 sides because of his family's tragedy?
If he upheld the verdict, he would betray those who had elected him. Fifty-three percent of the people had voted for Ron Fisk because they believed in his platform.
Or did they? Perhaps they had voted for him because he was so well marketed.
Would it be fair to all the Aarons out there for Ron to selfishly change his judicial15 philosophy because of his own son?
He hated these questions. They exhausted him even more. He paced around his office, more confused than ever, and he thought of leaving again. Just run, he told himself.
But he was tired of running and pacing and talking to the walls.
He typed his opinion: "I concur16 and agree with Justice Calligan, but I do so with grave misgivings. This court, with my complicity and especially because of my presence, has rapidly become a blind protector of those who wish to severely17 restrict liability in all areas of personal injury law. It is a dangerous course.”
In the nursing home case, he typed his second opinion: "I concur with Justice Albritton and uphold the verdict rendered in the Circuit Court of Webster County. The actions of the nursing home fall far short of the standard of care our laws require.”
Then he typed a memo18 to the court that read: "For the next thirty days, I will be on a leave of absence from the court's business. I am needed at home.”
The Supreme19 Court of Mississippi posts its rulings on its Web site each Thursday at noon.
And each Thursday at noon quite a few lawyers either sat before their computers in nervous anticipation20 or made sure someone did so for them. Jared Kurtin kept an associate on guard. Sterling21 Bintz watched his smart phone at that precise hour, regardless of where in the world he happened to be. F. Clyde Hardin, still a caveman with technology, sat in the darkness of his locked office, drank his lunch, and waited. Every trial lawyer with a Bowmore case kept watch.
The anticipation was shared by a few nonlawyers as well. Tony Zachary and Barry Rinehart made it a point to be on the phone with each other when the opinions came down. Carl Trudeau counted the minutes each week. In lower and mid-Manhattan dozens of securities analysts22 monitored the Web site. Denny Ott had a sandwich with his wife in the office at the church. The parsonage next door did not have a computer.
And nowhere was the magical hour more dreaded23 and anticipated than within the shabby confines of Payton & Payton. The entire firm gathered in The Pit, at the always cluttered24 worktable, and had lunch as Sherman stared at his laptop. On the first Thursday in May, at 12:15, he announced, "Here it is." Food was shoved aside. The air grew thinner, and breathing became more difficult. Wes refused to look at Mary Grace, and she refused to look at him. Indeed, no one in the room made eye contact with anyone else.
"The opinion is written by Justice Arlon Calligan," Sherman continued. "I'll just skim along here. Five pages, ten pages, fifteen pages, let's see, a majority opinion that's twenty-one pages long, joined by Romano, Bateman, Ross, Fisk. Reversed and rendered. Final judgment25 entered for the defendant26, Krane Chemical.”
Sherman continued: "Romano concurs27 with four pages of his usual drivel. Fisk concurs briefly28." A pause as he kept scrolling29. "And then a twelve-page dissent30 by McElwayne with Albritton concurring31. That's all I need to know. I won't read this piece of shit for at least a month." He stood and left the room.
"It's not exactly a surprise," Wes said. No one responded.
F. Clyde Hardin wept at his desk. This disaster had been looming32 for months, but it still crushed him. His one chance to strike it rich was gone, and with it all of his dreams. He cursed Sterling Bintz and his harebrained class action. He cursed Ron Fisk and the other four clowns in his majority. He cursed the blind sheep in Cary County and throughout the rest of south Mississippi who had been hoodwinked into voting against Sheila McCarthy. He fixed33 another vodka, then cursed and drank and cursed and drank until he passed out with his head on his desk.
Seven doors down, Babe took a phone call and got the news. Her coffee shop was soon packed with the Main Street crowd looking for answers and gossip and support. For many, the news was incomprehensible. There would be no cleanup, no recovery, no compensation, no apologies. Krane Chemical was walking free and thumbing its nose at the town and its victims.
Denny Ott received a call from Mary Grace. She gave a quick summary and stressed that the litigation was over. They had no viable34 options. The only avenue left was an appeal to the U.S. Supreme Court, and they would, of course, file the obligatory35 paperwork. But there was no chance that the Court would agree to consider such a case. She and Wes would be down in a few days to meet with their clients.
Denny and his wife opened the fellowship hall, pulled out some cookies and bottled water, and waited for their people to arrive for consoling.
Late in the afternoon, Mary Grace walked into Wes's office and closed the door. She had two sheets of paper, and she handed one to him. It was a letter to their Bowmore clients. "Take a look," she said, and sat down to read it herself. It read: Dear Client: Today the Supreme Court of Mississippi ruled in favor of Krone Chemical. Jeannette Baker's appeal was reversed and rendered, which means that it cannot be retried or re-filed. We intend to ask the court for a rehearing, which is customary, but also a waste of time. We will also appeal her case to the U.S. Supreme Court, but this, too, is a mere36 formality. That Court rarely considers state court cases such as this.
Today's ruling, and we will send you a full copy next week, makes it impossible to proceed with your case against Krone. The court applied37 a standard of proof that makes it impossible to pin liability on the company. And it's painfully obvious what would happen to another verdict when presented to the same court.
Words cannot express our disappointment and frustration38. We have fought this battle for five years against enormous odds39, and we have lost in many ways.
But our losses are nothing compared to yours. We will continue to think of you, pray for you, and talk to you whenever you need us. We have been honored by your trust.
God bless you.
"Very nice," Wes said. "Let's get 'em in the mail.”
Krane Chemical roared to life in the afternoon's trading. It gained $4.75 a share and closed at $38.50. Mr. Trudeau had now regained40 the billion he lost, and more was on the way.
He gathered Bobby Ratzlaff, Felix Bard41, and two other confidants in his office for a little party. They sipped42 Cristal champagne43, smoked Cuban cigars, and congratulated themselves on their stunning44 turnaround. They now considered Carl a true genius, a visionary. Even in the darkest days, he never wavered. His mantra had been "Buy the stock. Buy the stock.”
He reminded Bobby of his promise on the day of the verdict. Not one dime45 of his hard-earned profits would ever be handed over to those ignorant people and their slimy lawyers.
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precisely
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| adv.恰好，正好，精确地，细致地 | |
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baker
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| n.面包师 | |
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testimony
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| n.证词；见证，证明 | |
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condemned
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| adj. 被责难的, 被宣告有罪的 动词condemn的过去式和过去分词 | |
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speculative
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| adj.思索性的，暝想性的，推理的 | |
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toxins
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| n.毒素( toxin的名词复数 ) | |
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undue
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| adj.过分的；不适当的；未到期的 | |
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inflamed
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| adj.发炎的，红肿的v.（使）变红，发怒，过热( inflame的过去式和过去分词 ) | |
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pawn
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| n.典当，抵押，小人物，走卒；v.典当，抵押 | |
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exhausted
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| adj.极其疲惫的，精疲力尽的 | |
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ordeal
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| n.苦难经历，（尤指对品格、耐力的）严峻考验 | |
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misgivings
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| n.疑虑，担忧，害怕；疑虑，担心，恐惧( misgiving的名词复数 )；疑惧 | |
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unstable
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| adj.不稳定的，易变的 | |
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swap
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| n.交换；vt.交换，用...作交易 | |
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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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concur
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| v.同意，意见一致，互助，同时发生 | |
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severely
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| adv.严格地；严厉地；非常恶劣地 | |
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memo
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| n.照会，备忘录；便笺；通知书；规章 | |
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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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anticipation
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| n.预期，预料，期望 | |
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sterling
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| adj.英币的(纯粹的，货真价实的)；n.英国货币(英镑) | |
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analysts
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| 分析家，化验员( analyst的名词复数 ) | |
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dreaded
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| adj.令人畏惧的；害怕的v.害怕，恐惧，担心( dread的过去式和过去分词) | |
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cluttered
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| v.杂物，零乱的东西零乱vt.( clutter的过去式和过去分词 )；乱糟糟地堆满，把…弄得很乱；（以…） 塞满… | |
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judgment
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| n.审判；判断力，识别力，看法，意见 | |
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defendant
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| n.被告；adj.处于被告地位的 | |
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concurs
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| 同意（concur的第三人称单数形式） | |
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briefly
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| adv.简单地，简短地 | |
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scrolling
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| n.卷[滚]动法，上下换行v.（电脑屏幕上）从上到下移动（资料等），卷页( scroll的现在分词 )；（似卷轴般）卷起；（像展开卷轴般地）将文字显示于屏幕 | |
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dissent
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| n./v.不同意，持异议 | |
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concurring
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| 同时发生的，并发的 | |
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looming
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| n.上现蜃景（光通过低层大气发生异常折射形成的一种海市蜃楼）v.隐约出现，阴森地逼近( loom的现在分词 )；隐约出现，阴森地逼近 | |
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fixed
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| adj.固定的，不变的，准备好的；(计算机)固定的 | |
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viable
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| adj.可行的，切实可行的，能活下去的 | |
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obligatory
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| adj.强制性的，义务的，必须的 | |
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mere
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| adj.纯粹的；仅仅，只不过 | |
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applied
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| adj.应用的；v.应用，适用 | |
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frustration
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| n.挫折，失败，失效，落空 | |
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odds
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| n.让步，机率，可能性，比率；胜败优劣之别 | |
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regained
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| 复得( regain的过去式和过去分词 )； 赢回； 重回； 复至某地 | |
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bard
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| n.吟游诗人 | |
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sipped
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| v.小口喝，呷，抿( sip的过去式和过去分词 ) | |
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champagne
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| n.香槟酒；微黄色 | |
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stunning
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| adj.极好的；使人晕倒的 | |
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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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