Surprised but curious, I get up from the table and follow Reeve into the back hallway and to Judge Henry’s office. Mary is not at her desk, but the judge’s door is open and Reeve knocks lightly to announce our arrival.
Judge Henry is sitting at his desk and looks up with a smile. “Come on in.”
We enter and Reeve closes the door behind us. He doesn’t waste a moment’s breath when he says, “Your Honor, in light of Dr. Calloway’s testimony just now, as well as expected similar testimony from Miss Michaels’s next two experts, my clients, Dr. Summerland and TransBenefit, have given me authority to make an offer to settle this case.”
My eyebrows raise in surprise.
Not that an offer is coming in general. That often happens in the middle of a trial when the case is going especially well for the plaintiff.
No, I’m surprised that an offer is coming in this particular case, since TransBenefit has been so adamant they won’t discuss the possibility. I don’t respond but wait for Reeve to lay out the terms.
“They’re authorizing me to offer five hundred thousand dollars to settle the case in its entirety—two hundred thousand in up-front money, and the remaining three hundred thousand in the form of an annuity administered by TransBenefit. Of course, they will also want Miss Michaels and Miss LaPietra to sign a confidentiality agreement.”
“That’s quite a jump,” Judge Henry says, and I couldn’t agree more. It’s a serious offer, but it’s not the amount I want for Jenna. I’m prepared to also call to the stand a vocational-rehabilitation expert to discuss Jenna’s unemployability, as well as a life-care expert and an economist to discuss the economic damages her inability to work will project out over the future. Their preliminary figures are in the seven-figure range.
So, while $500,000 isn’t anything to sneeze at, it’s also a zero shy of what’s really fair for Jenna.
“Miss Michaels,” Judge Henry says, “this is a good offer. Go talk to your client and discuss it. I think it’s something she needs to seriously consider.”
I nod at the judge and Reeve and turn toward the door.
“Oh, one more thing,” Reeve says, and I can tell by the look on his face that he’s hesitant to say what comes next. “TransBenefit wants me to make clear this is a one-time-only offer. If it’s rejected, there won’t be a counteroffer and the current offer will be pulled from the table.”
Wow. Hardball bastards. “Understood,” I say, then I head out to find Jenna. I’m sure she’s downstairs smoking.
After a quick bathroom break, I catch her in the hallway outside the courtroom doors. I pull her away and am relieved that no one else is around, the jury having been called back in and seated in the box. I’m sure Judge Henry has advised them that the break has been extended, but he won’t tell them we’re discussing a settlement. He wouldn’t want to bias the jury with that information.
“We have an offer,” I tell Jenna quietly, and her eyes widen.
“How much?”
“Five hundred thousand, with two hundred up front and three hundred paid in installments. But trust me, they’ll pay the five hundred thousand in cash if we push them.”
Jenna nibbles on her lower lip while she stares at me. “That’s a lot of money. What do you think we should do?”
And here is where my job gets tricky. If it were my breasts that were mangled and my autistic son who was suffering because of my inability to earn a living, I would want more. I’m a risk taker by nature, and I’d tell them to shove it. I feel good about this jury. I feel great about this case.
I would tell them to go fuck themselves.
But this isn’t my case. Those weren’t my breasts, and I most certainly don’t have an autistic child. I will go home every night, comfortable and secure, not having a worry in the world when it comes to paying my bills or covering medical expenses.
“I can’t tell you what to do, Jenna. I think this amount is unfair. It doesn’t adequately compensate you. Hell, a good chunk of that money would be eaten up by reconstructive surgeries.”
Jenna shakes her head. “I don’t need the surgeries. Every bit of that would go for Damien.”
I nod in understanding. And she will get every bit of it. When Jenna first came to me about this case, I immediately got Midge’s approval to handle it pro bono so I wouldn’t be taking a legal fee from the offer. But I still need to make sure that Jenna is properly advised. “Even so, five hundred thousand is not going to last your and Damien’s lifetimes. It will provide you with less than half of what you’re going to need to survive and pay for his treatment.”
Jenna turns away from me and walks a few paces. Her hands come to her head and she rakes her fingers through her hair. Giving a sigh, she turns to me. “What’s your honest opinion about how it’s going?”
“It’s going well. The jury is with us, I believe. Summerland was horrible. Your testimony was fantastic. The experts are clear. I think they’re going to find that Summerland was negligent in causing your injuries. The question, though, is what they’ll compensate you. It could be more, it could be less. It just depends on how inflamed they are toward him.”
“Such a crapshoot,” she murmurs to herself.
“It is.”
Jenna walks up to me and takes my hands. “I can’t repay you for all the hard work you’ve put into this case. Without you, I would have never been able to tell this story to a jury.”
“Jenna,” I say quietly, “this is nothing. I would do this a million times over for you, because you deserve it. And let me tell you now, no matter what happens in that courtroom, I swear to you that I will not let Damien go without. If we lose, you do not have to worry about your child. I will always be there to help.”
Jenna shakes her head, denying my offer, but I squeeze her hands and tell her urgently, “Yes. I will always be there. Don’t be afraid of the future.”
Tears spring to Jenna’s eyes and she pulls me in fast for a hug. As she clings to me, she whispers, “Turn down the offer. Let’s see what the jury will do.”
As I pull away, I search her eyes to make sure she’s clear on what she’s telling me to do. She looks back at me with resolute courage, and I give her a nod.
“Can I go smoke another cigarette?” she asks.
“Sure,” I tell her. “It’s going to take a few minutes to convey this to opposing counsel and the judge, and see if they stick to their guns and don’t make a counteroffer.”
Jenna heads toward the elevator while I head for the side door that goes to the back hallway. As soon as I swing it open, I see Reeve standing there by himself, leaning with his back against the wall.
His head swings my way and his eyes are worried. “What’s she going to do?”
I walk up to him, giving him a small smile, and say, “I’m sorry. She won’t take it.”
Reeve turns his face away and mutters a curse. When he looks back at me, he reaches out and grabs one of my hands. Leaning in, he says in an urgent voice, “You need to take this offer, Leary. It’s good money. It will give her a new life.”
I’m a little surprised by the hint of what could be hysteria in his words. Giving his hand a gentle squeeze, I pull away from him. He watches me like a hawk. “I’m sorry, but Jenna’s made her decision.”
Reeve swallows hard, and I see a wave of sadness overcome his face. It makes me feel strangely uneasy and something cold settles inside my chest. But then it’s gone, and he gives me a resolute nod of his head. “We better go tell Judge Henry.”
He turns away from me and that unsettled feeling remains. Reaching out, I tug on the sleeve of his suit jacket. “Wait.”
Reeve turns back to me, his eyes clouded and fatigued.
“Is there something I should know? Am I missing something here?”
Lifting his chin up, Reeve blinks a few times and clears his throat. “No, why do you ask?”