Eight days later, on a rainy Sunday morning, Josh Fisk was loaded into an ambulance for the drive to Brookhaven. Once there, he would be placed in a room at the hospital five minutes from home. He would be watched closely for a week or so, then, hopefully, released.
Doreen rode with him in the ambulance.
Ron drove to the Gartin building and went to his office on the fourth floor. There was no sign of anyone there, which was precisely what he wanted. For the third or fourth time, he read Calligan's opinion reversing the verdict in Baker v. Krane Chemical, and though he had once agreed with it completely, he now had doubts. It could have been written byjared Kurtin himself. Calligan found fault with virtually all of Baker's expert testimony. He criticized Judge Harrison for admitting most of it. His sharpest language condemned the expert who linked the carcinogenic by-products to the actual cancers, calling it "speculative at best." He imposed an impossible standard that would require clear proof that the toxins in the Bowmore water caused the cancers that killed Pete and Chad Baker. As always, he caterwauled at the sheer size of the shocking verdict, and blamed it on the undue passion created by Baker's attorneys that inflamed the jurors.
Ron read again the opinion by McElwayne, and it, too, sounded much different.
It was time to vote, to make his decision, and he simply had no stomach for it. He was tired of the case, tired of the pressure, tired of the anger at being used like a pawn by powerful forces he should have recognized. He was exhausted from Josh's ordeal and just wanted to go home. He had no confidence in his ability to do what was right, and he wasn't sure what that was anymore. He had prayed until he was tired of praying. He had tried to explain his misgivings to Doreen, but she was as distracted and unstable as he was.
If he reversed the verdict, he would betray his true feelings. But his feelings were changing, were they not? How could he, as a detached jurist, suddenly swap sides because of his family's tragedy?
If he upheld the verdict, he would betray those who had elected him. Fifty-three percent of the people had voted for Ron Fisk because they believed in his platform.
Or did they? Perhaps they had voted for him because he was so well marketed.
Would it be fair to all the Aarons out there for Ron to selfishly change his judicial philosophy because of his own son?
He hated these questions. They exhausted him even more. He paced around his office, more confused than ever, and he thought of leaving again. Just run, he told himself.
But he was tired of running and pacing and talking to the walls.
He typed his opinion: "I concur and agree with Justice Calligan, but I do so with grave misgivings. This court, with my complicity and especially because of my presence, has rapidly become a blind protector of those who wish to severely restrict liability in all areas of personal injury law. It is a dangerous course.”
In the nursing home case, he typed his second opinion: "I concur with Justice Albritton and uphold the verdict rendered in the Circuit Court of Webster County. The actions of the nursing home fall far short of the standard of care our laws require.”
Then he typed a memo to the court that read: "For the next thirty days, I will be on a leave of absence from the court's business. I am needed at home.”
The Supreme Court of Mississippi posts its rulings on its Web site each Thursday at noon.
And each Thursday at noon quite a few lawyers either sat before their computers in nervous anticipation or made sure someone did so for them. Jared Kurtin kept an associate on guard. Sterling Bintz watched his smart phone at that precise hour, regardless of where in the world he happened to be. F. Clyde Hardin, still a caveman with technology, sat in the darkness of his locked office, drank his lunch, and waited. Every trial lawyer with a Bowmore case kept watch.
The anticipation was shared by a few nonlawyers as well. Tony Zachary and Barry Rinehart made it a point to be on the phone with each other when the opinions came down. Carl Trudeau counted the minutes each week. In lower and mid-Manhattan dozens of securities analysts monitored the Web site. Denny Ott had a sandwich with his wife in the office at the church. The parsonage next door did not have a computer.
And nowhere was the magical hour more dreaded and anticipated than within the shabby confines of Payton & Payton. The entire firm gathered in The Pit, at the always cluttered workt............