Sue Grafton - T Is For Trespass

Ordinarily, CFI would have assigned one of its attorneys to defend such a suit, but Lisa Ray was convinced she’d do better with a lawyer of her own. She was adamant about not settling and she’d asked Lowell Effinger to represent her, sensing perhaps that CFI might roll over and play dead. Police report to the contrary, Lisa Ray swore she wasn’t at fault. She claimed Millard Fredrickson was speeding and that Gladys wasn’t wearing her seat belt, which was, in itself, a violation of California traffic law.

The file I’d picked up from Lowell Effinger contained copies of numerous documents: Defendant’s Request for Production of Documents, Supplemental Request for Production of Documents, medical records from the hospital emergency room, and reports from the various medical personnel who’d treated Gladys Fredrickson. There were also copies of the depositions taken from Gladys Fredrickson; her husband, Millard; and the defendant, Lisa Ray. I did a quick study of the police report and leafed through the transcripts of Interrogatories. I took my time over the photographs and the sketch of the site, which showed the relative positions of the two vehicles, before and after the collision. At issue, from my perspective, was a witness to the accident, whose comments at the time suggested he supported Lisa Ray’s account of the event. I told Effinger I’d look into it and then turned around and set up the midmorning meeting with Mary Bellflower.

Before I walked through the California Fidelity Insurance offices, I donned my mental and emotional blinders. I’d worked here once upon a time and my relationship with the company had not ended well. The arrangement was one whereby I was given office space in exchange for investigating arson and wrongful-death claims. Mary Bellflower was a recent hire in those days, a newly married twenty-four-year-old with a fresh, pretty face and a sharp mind. Now she had four years’ experience under her belt and she was a pleasure to deal with. I checked her desktop as I sat down, looking for framed photos of her husband, Peter, and any small tykes she might have given birth to in the interim. None were in evidence and I wondered what kind of luck she’d had with her baby plans. I thought it best not to inquire so I got on with the business at hand.

“So what’s the deal here?” I’d asked. “Is Gladys Fredrickson for real?”

“It looks that way. Aside from the obvious-cracked ribs, cracked pelvis, and torn ligaments-you’re talking about soft-tissue injuries, which are difficult to prove.”

“All this from a fender-bender?”

“I’m afraid so. Low-impact collisions can be more serious than you’d think. The right front fender of the Fredricksons’ van struck the left side of Lisa Ray’s car with sufficient force that it spun both vehicles in a postcollision rotation. There was a second impact when Lisa’s right rear fender came in contact with the van’s left rear fender.”

“I get the general idea.”

“Right. These physicians are all doctors we’ve dealt with before, and there’s no hint of fraudulent diagnoses or padded bills. If the police hadn’t cited Lisa, we’d be a lot more inclined to dig in our heels. I’m not saying we won’t fight, but she’s clearly in the wrong. I sent the claim on up the line so ICPI could take a look. If the plaintiff is claim-happy, her name should show up in their database. On a minor note-and we don’t think it pertains to this situation-Millard Fredrickson was handicapped in an automobile accident some years ago. Talk about someone plagued by misfortune.”

Mary went on to say she thought Gladys would end up accepting a hundred thousand dollars, not including her medical expenses, a bargain from the company’s perspective as they could sidestep the threat of a jury trial with its attendant risks.

I said, “A million bucks reduced to a hundred grand? That’s a hefty discount.”

“We see it all the time. The attorney tacks on a big price tag so the settlement will look like a good deal to us.”

“Why settle at all? Maybe if you stand your ground the woman will back off. How do you know she’s not exaggerating?”

“Possible, but not likely. She’s sixty-three years old and overweight, which is a contributing factor. With the office visits, physical therapy, chiropractic appointments, and all the medications she’s on, she’s not able to work. The doctor’s suggesting the disability may be permanent, which is going to add yet another headache.”

“What kind of work does she do? I didn’t see it mentioned.”

“It’s in there somewhere. She does billing for an assortment of small businesses.”

“Doesn’t sound lucrative. How much does she make?”

“Twenty-five thousand a year, according to her. Her tax returns are privileged, but her attorney says she can produce invoices and receipts to back up her claim.”

“And Lisa Ray says what?”

“She saw the van approach, but she felt she had ample time to make the turn, especially since Millard Fredrickson had activated his right-turn signal and slowed. Lisa started into the turn and the next thing she knew the van was bearing down on her. He estimated his speed at less than ten miles an hour, but that’s nothing to sniff at when a thirty-two-hundred-pound vehicle is banging into you. Lisa saw what was coming but couldn’t get out of the way. Millard swears it was the other way around. He says he slammed on his brakes, but Lisa had pulled out so abruptly there was no way to avoid plowing into her.”

“What about the witness? Have you talked to him?”

“Well, no. That’s just it. He’s never turned up, and Lisa has precious little in the way of information. ‘Old guy with white hair in a brown leather bomber jacket’ is as much as she recalls.”

“The cop at the scene didn’t take his name and address?”

“Nope, nor did anyone else. He’d disappeared by the time the police arrived. We posted notices in the area and we ran ads in the ‘Personals’ section of the classifieds. So far no response.”

“I’ll meet with Lisa myself and then get back to you. Maybe she’ll remember something I can use to track this guy down.”

“Let’s hope. A jury trial’s a nightmare. We end up in court and I can just about guarantee Gladys will show up in a wheelchair, wearing a collar and a nasty-looking leg brace. All she has to do is drool on herself and that’s a million bucks right there.”

“I hear you,” I said. I went back to the office, where I caught up with paperwork.

There are two items I suppose I should mention at this point:

(1) Instead of my 1974 VW sedan, I’m now driving a 1970 Ford Mustang, manual transmission, which is what I prefer. It’s a two-door coupe, with a front spoiler, wide-track tires, and the biggest hood scoop ever placed on a production Mustang. When you own a Boss 429, you learn to talk this way. My beloved pale blue Bug had been shoved nose-first into a deep hole on the last case I worked. I should have bulldozed the dirt in on top and buried it right there, but the insurance company insisted that I have it hauled out so they could tell me it was totaled: no big surprise when the hood was jammed up against the shattered windshield, which was resting on or about the backseat.

I’d spotted the Mustang at a used-car lot and bought it the same day, picturing the perfect vehicle for surveillance work. What was I thinking? Even with the gaudy Grabber Blue exterior, I’d assumed the aging vehicle would fade into the landscape. Silly me. For the first two months, every third guy I met would stop me on the street to have a chat about the hemi-head V-8 engine originally developed for use in NASCAR racing. By the time I realized how conspicuous the car was, I was in love with it myself and I couldn’t bear to trade it in.