We are all gathered. Back in the courtroom. Two and a half hours after closing ended. The presiding juror has handed the verdict up. The judge has read it. Trying to keep face unreadable. Hands it to the bailiff. Who reads it.
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On Tuesday mediation failed which means the wrongful death trial will start August 19. Before my mind switches to battle mode, another thought fills my mind. And that thought turns to feelings. And those feelings begin to spread throughout my body. And then I cry.
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After Nala died I fled to New York for a few weeks. Partly to visit Noelle but also to avoid being in the house on Queen Anne hill. Where Nala lived with me for 13 of her 16 years.
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We drive down the hill to watch the sunset from the beach. Phuong has come for a visit.
We first met in the hospital She had just turned 18. Barely escaped death. During the Ride the Duck crash of September 2015. After the ducks lost its axle and crossed the center line it rammed into and through the tour bus full of international students. If Phuong had been sitting one seat back she would not be here today.
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After hearing I was heading back into trial, a lovely friend from kindergarten urged me to retire. What more do you need Karen. What more do you have to prove. You deserve to relax and spend more time being a grandma. All good and valid points.
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Postscript: this is from my trial diary of prophylaxis class action against seattle children’s hospital.
Trial day 3
6:00 Cockadoodle doo. Wake up.
6:25 Get up and make bed.
6:45 White T. tan lulu shorts. Pink crock slides. Pink sweater jacket picked up over the weekend once decided to stay another week.
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We settled the protest case for $10M the day before. Actually it had been lingering for a week since the mediation. When the city agreed to a deal then two stepped before refusing to put it in writing. Double crossers.
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At first I thought, well Karen - how ridiculous that you would think that you should get award and be mad that you didn’t. As a woman raised in the 60s - we were taught not to be forward, not to expect, to do good work, hope we would be recognized, and not be disappointed when the much louder boys got noticed instead.
But that 60s meek attitude is not how you claw to and survive at the top in the paternalistic world of lawyers. Plus I was raised by parents who believed that if you didn’t fight for yourself and others, then what was the point.
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We watch the flowers rip off the plumeria trees. The glorious hibiscus bushes with their plate size blooms, stripped bare. The areca palm border around the house stands firm, but the fronds are shredding. The pool fills with garden debris. Early in the afternoon, we make our hourly pilgrimage back outside. The air pushes us around. This time we see a large gray cloud. What is that we point. We don’t know. Go inside. Another hour passes. Go back outside. It’s fire. And then Boom.
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Last week, the City told me that a yard blower was a weapon and grounds for arrest when used by a protester to protect others from tear gas. Number of victims: 0. A few days later, the parents of Summer Taylor gave gut wrenching statements during the sentencing the drunk (drugs primarily) driver who took their child’s life and almost killed another.
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Dad turned 90 this week. The family got together at Debbie & Rob’s house to celebrate the way we usually do. With dim sum and cake.
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Since covid entered the world, have dramatically curtailed speaking travel. But times are changing. And when the request comes in from the Colorado trial lawyers women’s caucus. I say yes. Even though Anne says: are you suuuuuurrrrreeeee. And wags her eyebrows at me.
We had just turned down Wyoming because there was no direct flight and it would have been an 8 hour trip. But this one is a simple flight to Denver which is not far away. Then an hour and a half drive to the resort. Piece of cake I enthuse. Anne gives me a knowing look.
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Hi Karen,
It’s been a while since my case settled in 2010, but you would remember me as ‘Colleen McCallum v. Allstate Insurance’ for a Bad Faith Claim with co-counsel Michael Fisher from Rush, Hannula, Harkins & Kyler.
That MVA was in 2004, and the lawsuits took over 6 years - it was a huge relief once it was finally settled.
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Have you ever wondered how much a city will spend in legal fees - to defeat a lawsuit. Let’s say for example, one brought by peaceful BLM protesters who claim their First Amendment rights were violated when the city’s police pepper sprayed, tear gassed, flash banged, blast balled and body slammed them.
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It is the second night of our attorney retreat. We are at the Stritmatters’ house in Maui. Listening to guitars. Watching the chefs pulling culinary delights from the pizza oven. The sun has set. And we are a smiling, talking and celebrating Paul’s 80th birthday.
We are also wondering - where are Fred and Furhad.
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Forgive me for laughing hysterically at the concept of the City of Seattle owning up to its brutalization of peaceful protesters. As was just recommended by the 4th Sentinel Review - the City supported investigation and look back at the SPD’s response to the George Floyd protest season.
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Today am covering the deposition of JR - a protester whose hand was struck by a blast ball munition thrown by the SPD. As he was trying to leave the protest zone. While this deposition is going, Shannon and Kristin are doing final edits to the massive summary judgment oppositions that are due today - motions brought by the City to dismiss two other protesters’ claims.
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