Exposed (Rosato & DiNunzio #5)(30)

“The bone marrow transplant.” Todd hesitated. “You said he’s suing me because I talked about the costs of her transplant.”

“No, I never used the term ‘transplant.’ Neither does he in his contemporaneous notes. I said ‘medical expenses.’” Bennie eyed him hard. “The need for the transplant was a recent development, and it hurts our case that it came so close to the termination, suggesting a causal link.”

“Okay, whatever. It’s semantics.” Todd rolled his eyes. “Stop acting like you caught me in a lie, for God’s sake. I knew she needed a transplant, we all knew. Word got around.”

“Did you discuss the transplant with him, per se?”

“No!”

“Thank you.” Bennie took the exhibits back. “Please check your calendar for me.”

“Under protest, yes.” Todd thumbed his phone, then held it up again. “Ooh, look! Guilty as charged. I was in the office at ten fifteen. Or at least I wasn’t out of the office, because there’s no appointment that morning.”

“Thank you.”

“I don’t like being called a liar. I don’t like being accused of things I didn’t do. Those notes of his are BS.” Todd stood up abruptly, pocketing his phone. “We’re done here, right?”

“Yes, we’re finished. Thank you very much.” Bennie put the exhibits back into her messenger bag, slid a business card from the inside pocket, and passed it to him. “Please take my card. Feel free to contact me if you have any questions or any further thoughts.”

“I don’t need your business card.” Todd reached the door and put his hand on the knob. “And I’ll tell you one thing. Don’t settle this case. I want my day in court. I want to clear my name.”

“Understood,” Bennie said, nodding. Though it was the worst thing she could have heard in the circumstances.

*

Bennie found Nate in the manufacturing part of the facility, standing high above the factory floor on a concrete ramp that was protected from the noise below by a Plexiglas wall. The ramp thrummed with the vibration of the heavy machinery below, and the air smelled warm and dusty. Nate smiled when he saw Bennie, gesturing to the factory below.

“Want to take a factory tour? I just had mine. I like to do it from time to time. It’s educational.”

“No thanks, I don’t have time.” Bennie was in no mood. After that interview with Todd, she had a big problem on her hands, and so did Mary.

“I could show you around. It’s so awesome!”

“It’s not a toy, Nate.”

“You’re right, it’s a bottom line.” Nate chuckled, turning to the factory floor. “It looks like they’re making cubicles, but they’re making money. For me.”

Bennie humored him, scanning the scene below. Production lines of heavy machinery and industrial conveyor belts manned by workers in earplugs and safety goggles were attaching stainless-steel frames to a white piece of drywall. In other circumstances, she would’ve loved a factory tour, but not today.

“See that?” Nate pointed at the closest production line. “That’s what Todd was talking about. That’s the line that makes the high-end cubicles, where the components are the best. The drywall is made in the U.S. and so is the steel. None of it’s outsourced at this price point.”

“Nate, we need to talk.”

“No, we don’t.” Nate swiveled his head toward her, his expression turning grim. “It looks to me that everything is pretty clear. We’re not going to be able to settle this case like you thought. Todd didn’t make any of those comments.”

“I think he’s lying.”

“Disagree. It’s a credibility contest. Nevertheless, he’s not backing down, and neither is Ray. He just told me. They’re on the same page. They want to fight this thing, so I’m not settling.”

Bennie bore down. “I confronted Todd about the contemporaneous notes, and his reaction wasn’t good. I don’t think he’d be a good witness on the stand. I think he’d tank on cross.”

“Are you saying that because your partner’s on the other side?” Nate lifted an eyebrow.

“No, I came here with an open mind and I analyzed Todd’s demeanor, as I would any witness. He’s the decision maker, and his testimony is the most critical. He was tense in the meeting with you and he lost his temper with me.”

“He’s unjustly accused, and I’m not settling. Ray doesn’t want to settle either. They both think that the plaintiff is in it for the money, for his kid. He made the whole thing up.”

“Nate, I’m not going to quibble with you about whether that’s likely or not. In my opinion, it’s not.” Bennie kept her cool, leveling with him. “But the fact is, it doesn’t really matter. The plaintiff’s case is extremely sympathetic. He has a child with cancer and he lost his wife a few years ago—”

“So what does that matter? You’re a lawyer, not some bleeding heart who gives out money just because it’s a company being sued. The plaintiff couldn’t do the job and he deserved to be fired.”

“You didn’t let me finish. The plaintiff made his quota for almost twelve years and he fell off one month. Todd admitted that he’s never fired anybody else who didn’t make quota after one month. If you single one rep out, that’s discrimination per se.”