When the water was as muddy as any storm could make it, Webb tendered his witness and Jesse came out throwing knives. He quickly established that Dr. Pennington had worked for the AIL for over twenty years; that the AIL was a trade organization funded by the insurance industry to research everything from arson to auto safety to suicide rates; that one arm of AIL was also involved in lobbying Congress for more protection; that AIL frequently battled with consumer protection groups over legislation; and so on. After haranguing the expert for half an hour his employer seemed downright evil.
Jesse suspected the jurors were getting antsy and he decided to go for the quick kill. He asked Dr. Pennington how many times he had testified in storm cases where the issue was wind-versus-water. He gave a self-satisfied shrug as if he had no idea, too numerous to recall. Jesse asked him how often he had told a jury that the damage was caused by wind and not water.
When Dr. Pennington hesitated and looked at Webb for help, Jesse walked to the corner of his desk and patted a stack of papers at least eighteen inches thick. He said, “Come on, Dr. Pennington. I have your records right here. When was the last time you testified on behalf of a policy holder and not against one? When was the last time you tried to help the victim of a storm? When was the last time you offered an opinion against an insurance company?”
Dr. Pennington seemed to mumble as he searched for words. Before he could speak, Jesse cut him off with “That’s what I figured. No more questions, Your Honor.”
* * *
The jury was given the three cases at ten minutes after five. A bailiff led them out and into their deliberation room while another one brought in coffee and doughnuts.
Twenty minutes later they were back. Before most could finish a doughnut, and before the lawyers and spectators could finish their visits to the restrooms, a bailiff informed Oliphant that verdicts were ready.
When everyone was in place, he read the notes from the foreman. The jury found in favor of all three plaintiffs and awarded $11,300 to Thomas Luna; $8,900 to Oscar Lansky; and $13,800 to Paul Nikovich. In addition, the jury awarded seven dollars a day as living expenses, per the language of the policy, for the 198 days since the damage. And, for good measure, the jury tacked on interest at the annual rate of 5 percent for the entire claim, beginning with August 17, the day Camille blew through.
In short, the jurors gave the three plaintiffs every penny Jesse asked for, and there was no doubt they would have given more if so allowed.
In chambers, Judge Oliphant took off his robe and invited the lawyers to have a seat. The two-day trial had been exhausting. All jury trials were stressful, but the packed courtroom and looming docket only added to the tension.
The judge said, “Nice work, fellas. I felt confident we could do it in two days. Any ideas on how to streamline the next round?”
Jesse snorted and looked at Simmons Webb. “Sure, tell your client to pay the claims.”
Webb smiled and replied, “Well, Jesse, as you know, the lawyer cannot always tell the client what to do, especially when the client has plenty of money and no fears.”
“So how do we frighten them?”
“It’s been my experience that these companies do what they want without regard to fear.”
Judge Oliphant said, “I’m sure that somewhere in the bowels of ARU there’s a team of actuaries who’ve crunched the numbers and told the big guys upstairs that it’ll be cheaper to deny the claims and pay the legal fees. Right, Mr. Webb?”
“Judge, I cannot discuss the decision-making process of my client. Even if I knew. And, believe me, I don’t want to know. I’m just doing my job and getting paid.”
“And you’re doing a fine job,” Jesse said, but only to be polite. He continued to be less than impressed with Webb’s courtroom skills.
The judge asked Jesse, “And you have the next three ready to go?”