Cracks in the Sidewalk(45)

“Given Doctor Belleau’s evaluation of your client’s emotional state, would you agree that a long, drawn-out trial is not in his best interest?”

“Yes, but—”

“I suggest approaching him about allowing the mother a reasonable visitation schedule.”

“The problem is—”

“I’m not interested in what his problem is. In my opinion the plaintiff’s request is well within reason. And since the court calendar is already overcrowded, I fail to see any purpose in allowing this to drag on.”

“But, Your Honor, my client refuses to—”

“That’s why I am speaking to you, Counselor. I’m asking that you take another shot at finding acceptable grounds for compromise.”

“Okay, Your Honor,” Noreen said. “But I doubt I’ll have much success. Mister Caruthers refuses to allow the mother or grandparents access to the children.”

“You might want to remind him that he’s got a very weak case. Both Doctor Belleau and her attending physician have issued statements claiming Elizabeth Caruthers is quite capable of visiting with the children. In fact, they’ve suggested it would be beneficial.”

“We have our own medical expert who suggests—”

“Miss Sarnoff,” he said abruptly. “I believe that I’ve made my request perfectly clear. I’ve asked that you find grounds for a compromise, not provide me with a litany of excuses for why you cannot!”

“Yes, Your Honor,” Noreen replied.

~

Minutes later, Noreen picked up the telephone and called Jeffrey Caruthers. “I just heard from Judge Brill.”

“What now?” JT replied curtly.

“You’re not gonna like it,” Noreen warned, “but he’s pushing us to talk compromise. He indicated that your wife’s request is—”

“I don’t give a crap what he thinks, or what you think, or what anybody else thinks! I’m not letting Liz or her goody-two-shoes parents near my kids! I’m the one responsible for them. I’m the one who’s gonna have to deal with their nightmares and hysteria when Liz dies, and there’s no way I’m putting them through that torture! Do I make myself clear?”

“I understand your position, but—”

“I’m not discussing this anymore!” With that he slammed down the receiver.

It had been a long and aggravating day for Noreen Sarnoff, and it wasn’t over. She began to draft a Motion for Continuance. She didn’t expect it to help, but if she could delay things long enough, maybe they’d get lucky and Elizabeth Caruthers would die before the case went to trial.

~

When Judge Brill arrived at the courthouse the following morning, the motion lay on his desk.

“Figures,” he said, sadly shaking his head. The judge had hoped to settle this case without a trial, in a way that didn’t rip out someone’s heart and leave them with only a desire for death. Obviously, that wouldn’t happen.

Judge Brill allowed his coffee to grow cold while he reread the case file and then reread it again. Finally when he could find no other way to resolve the dilemma, he told his clerk to contact both attorneys and advise them he would hear oral arguments in his office the following morning at ten o’clock.

That afternoon Judge Brill received a second motion. It was a Motion to Dismiss, filed by Dudley Grimm on behalf of the plaintiff. In his brief Dudley stated that in view of the plaintiff’s imminent demise, Jeffrey Caruthers’ Motion for Sole Legal and Physical Custody was legally meaningless intended only to harass Elizabeth Caruthers and cause undue delay in the proceedings.

~

The following morning as Judge Brill drove across the Pulaski Skyway a truck carrying an oversized load of gravel slid out of control and slammed into the guard rail, causing the nine drivers following to rear-end each other. The judge was number eight, so his car was hammered in front and back. Traffic in both directions inched forward. Northbound travelers found it impossible to squeeze by the pile-up of cars, and southbound travelers, craning their necks to see what happened, slowed movement to a crawl. By the time Judge Brill finally reached the courthouse, he was in the foulest possible mood.

Noreen Sarnoff and Dudley Grimm sat in his office when Judge Brill arrived. With few pleasantries, he settled himself behind the desk and opened the case file.

“Okay, Counselor,” he said, giving a nod toward Noreen. “Let’s hear why you need another continuance.”

“We need additional time for discovery. My client believes the mother’s ability to physically and emotionally handle being with the children is in question, and to establish proof of this we need to depose a number of nurses who were on duty during Elizabeth Caruthers’ stay at Saint Barnabas Hospital. We also need time to obtain a full medical history and a more in-depth psychiatric examination.”

“Your Honor,” Dudley interrupted, “they are already in possession of Doctor Sorenson’s report on Elizabeth’s condition.”

“But we have not had an opportunity to depose the doctor, nor have we had access to any of the nurses who attended Missus Caruthers.”

“Your Honor,” Dudley said, “this is beating a dead horse. They have the doctor’s signed statement, so why would further discovery be necessary? We’ve stipulated agreement as to Elizabeth’s medical limitations and the terminal prognosis.”