I must be old now. I have a case with an
opposing lawyer I last faced seventeen years ago. Strangely, I remembered
his phone number.
Last time he was the lead attorney for
Antonio Nascimento, a Brazilian man who was living on Cape Cod when his
pickup truck, with its tragically bald tires, spun into and up onto a guardrail
on Route 6, then flipped over twice, ejecting him out the passenger side window
and through the air into a tree, at the base of which he was found a
paraplegic. His attorneys and their whore of an expert witness tried to
convince Ford Motor Company and then a jury that an allegedly defective door
latch failed and he was ejected out the door, instead of out the perfectly non-defective
window as all the physical evidence suggested. They pocketed 1.2 million
from two other defendants before the case went to trial against us.
When the evidence was in, I sat or strolled calmly around
the courtroom through the long morning as the jury deliberated, and on
through the lunch hour. Up to the moment, not long after lunch, when the
clerk poked his head in through the door at the back of the courtroom, flashing
a quick "V" with his fingers. "Verdict, counsellors.
The jury has a verdict." The calm mood is shattered as quickly and
thoroughly as if a brick had come crashing through a window.
The jury marches in one last time, avoiding any eye
contact with me. A bad sign. The clerk hands the verdict slip to
the judge, who takes just a second to read it. A good sign. He
hands the slip back to the clerk. The clerk turns on his ministerial
voice and reads the verdict. "Question one. Has the plaintiff
proved by a preponderance of the evidence that the passenger door of his 1986
Ranger opened during the accident. Answer, 'No.'"
And just like that, a victory, in the biggest role of my
professional life to that point. Sweet, warm, bubbling victory.
I was glad we won. And glad Antonio
had gotten some money, a lot of money, from others. At his deposition we
had learned what happened with his girlfriend. He learned that she had
left him on the day that he was discharged from the hospital, when she never
came to pick him up.