LEX FUGIT-AN AWFUL DAY

Many of the posts on this site look on the lighter side of trial lawyers' experiences in Detroit.  This is not one of those stories.

Back in 1988, I was an attorney with the plaintiff PI firm of Thurswell, Chayet & Weiner, which no longer exists, though many alumni continue to practice in the Detroit area.  

The day before Thanksgiving that year, I was second chair to Barry Goodman  (now the Goodman of Goodman, Acker) in a very tough liability case being tried in Federal Court in downtown Detroit.  Having 2 lawyers on a single trial at TCW was a pretty unique experience.

I don't remember the judge, though he was a legendary tough customer (which doesn't narrow the field too much).  I don't remember the names of the parties or of opposing counsel.  While I can't remember the names of the plaintiff and his wife (he was injured, she had a consortium claim)  I remember them, especially the wife.  They were good people.

The case was so tough that we did not invest in the expense for a videographer to show the doctors' depositions in court.  Part of my duties as second chair was to read the part of our treating doctors.  Not as good as video, but better than having a law clerk trip over the pronunciation of medical terminology in front of the jury.

Cell phones, to the extent they even existed (I don't think they did), were not allowed in the federal courthouse, even for attorneys in trial

That morning, as I was leaving for trial, we received a call at home from my wife's sister.  My wife's dad had suffered a heart attack that morning.  Little was known about his condition.  EMS was taking him to the hospital.  My mother in law was in such a state that she could not provide any real information as to what happened.  My parents came over to watch our only child at the time.  My wife went to the hospital and I went to court.   There was no way to get word to anyone at court or to Barry.

No way for her to reach me either.  I went to court and we started the days testimony.  At about 10:15am, we had a break, and I went to a pay phone.  I don't even remember who I called.  But when I reached my wife, she told me her father had just died.

After the break the next witness was one of our doctors and I was to read the doctor's testimony from the dep transcript.  Nothing else could be done.  We put on the doctor testimony, with me sitting in the witness stand and playing my rehearsed part to the jury.

Our clients had been told what happened.  I will never forget the wife's face as she looked at me as I "testified".  It was a "how can you be doing this?" look.  

The dep lasted about an hour.  I got off the stand, left the courtroom and hurried home to my family.  Barry carried on alone.

I am still not sure if the funeral was the Saturday after Thanksgiving or that Monday.  When I returned to work, I learned that we had lost the trial.  As to any expression of condolence from my firm--there was none.

However, about 3 days later, I received a sympathy card at work--from our clients.  Even after losing the trial and quite possibly looking at some sort of costs being imposed on them.  Like I said, they were good people.

Note: the picture above is of the "Million Dollar Courtroom" in the federal courthouse in Detroit.  We did not try the case in that courtroom.  Later I did try a case there, in front of Judge Julian Cook.  Now he was a genuinely wonderful judge and an even better person.  A story about that trial some other time.