The Appeal

Chapter 38

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 precisely what he wanted. For the third or fourth time, he read Calligan's opinion reversing the verdict in Baker 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 testimony. He criticized Judge Harrison for admitting most of it. His sharpest language condemned the expert who linked the carcinogenic by-products to the actual cancers, calling it "speculative at best." He imposed an impossible standard that would require clear proof that the toxins 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 undue passion created by Baker's attorneys that inflamed 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 pawn by powerful forces he should have recognized. He was exhausted from Josh's ordeal 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 misgivings to Doreen, but she was as distracted and unstable 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 swap 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 judicial 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 ru

He typed his opinion: "I concur 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 severely 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 memo 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 Supreme 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 anticipation or made sure someone did so for them. Jared Kurtin kept an associate on guard. Sterling 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 analysts monitored the Web site. De

And nowhere was the magical hour more dreaded and anticipated than within the shabby confines of Payton amp; Payton. The entire firm gathered in The Pit, at the always cluttered worktable, and had lunch as Sherman stared at his laptop. On the first Thursday in May, at 12:15, he a

"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 judgment entered for the defendant, Krane Chemical."

Sherman continued: "Romano concurs with four pages of his usual drivel. Fisk concurs briefly." A pause as he kept scrolling. "And then a twelve-page dissent by McElwayne with Albritton concurring. 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 looming 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 fixed 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.

De

De

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. Jea

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 applied 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.