The Professor (McMurtrie and Drake Legal Thrillers #1)(88)

“Well... I...”

“You’ve given testimony in how many cases, Mr Marsh?”

Marsh shrugged. “Maybe thirty.”

“And, in every single one of those cases, you either found that the trucker was not negligent or that the other driver was contributorily negligent, correct?”

“I don’t remember,” Marsh said.

Tom glared at the bastard. “You’ve never testified against a trucking company, have you, Mr Marsh?” Tom motioned for Bo to walk down the aisle. Bo did as he was told, and handed Tom a list of cases and a deposition transcript.

“Forty-two total cases,” Bo whispered. “All for trucking companies. This deposition was taken three months ago. Page 47, line 15, he testifies he’s never given an opinion against a trucking company. Stick this up his ass.”

Tom turned to Marsh, who still hadn’t answered the question, his eyes alternating between Tom and Bo.

“Mr Marsh, are you going to answer the question?” Tom asked, striding towards him with the deposition in hand. “Surely, you haven’t forgotten your testimony in the Hockburger v. Swift Trucking case from only three months ago?”

“I... don’t understand.”

“Isn’t it true, Mr Marsh,” Tom boomed, slamming the deposition transcript onto the stand in front of Marsh, so that he could read the highlighted language, “that you have never testified against a trucking company?”

Marsh gazed down at the transcript and then back at Tom. “Yes, that’s correct.”

Tom walked back to Bo. “How many for Tyler?”

“Three.”

Tom turned back around. “And three of those times, you have testified for Jameson Tyler and the Jones & Butler law firm?”

Marsh looked unsure of himself and scared. “I think that’s right.”

“And they paid you each time, correct?”

“Yes.”

“How much did they pay you in those other cases?”

Marsh shrugged and looked down at his hands. “About the same.”

Tom looked at the jury. “So you’ve made about $120,000 on the Jones & Butler nickel, is that correct?”

“Something like that.”

Tom let the answer hang in the air for several seconds. $120,000 was probably more money than half the jury collectively made in a year. Tom had made his biggest and best point. Now time for the setup.

“Mr Marsh, you’d agree that visiting and understanding the accident scene is very important to coming to your opinion, correct?”

Marsh smiled, relieved to have the subject changed. “Yeah, probably the most important.”

“And you’ve testified to going out to the scene three times to look at it, correct?”

“Yes.”

“In your whole life–” Tom spread his arms wide “–you’ve only been to the intersection of Limestone Bottom Road and Highway 82 three times, correct?”

Marsh wrinkled up his face in confusion. “Well, yes, I...”

“No further questions.”





78


“Your honor, the defense rests,” Tyler said, as Eugene Marsh stood from the witness stand and left the courtroom. Tom was not surprised. Jamo is keeping it simple, he thought. Marsh gives him contrib and Jack Willistone testified that the schedules were appropriate. Unless we can locate Faith Bulyard, all we’ve got on negligent supervision and training is two speeding tickets.

“Very well,” Judge Cutler said. “Members of the jury, it is almost 5 o’clock, so we are going to recess for the day. We will start back at 9 in the morning.” Cutler nodded at his bailiff, who escorted the jury out of the courtroom. As they filed out, Tom wondered where they all stood right now. Are we winning? Losing? Is it a dead heat? It was impossible to tell from the looks on their faces. They all just looked tired.

When the jury had all exited the courtroom, Judge Cutler lowered his gaze to the counsel tables. “Counsel, please approach.”

Once Jameson, Tom and Rick were in front of him, Cutler looked over their shoulder to the crowd that remained in the courtroom despite the jury’s adjournment. “Gentlemen, it appears that this case has garnered some public attention. I’ll advise each of you not to discuss the facts of this case with the press until after the trial, is that understood?”

“Yes, your honor,” all three attorneys said at basically the same time.

“Mr McMurtrie, will the plaintiff be calling any rebuttal witnesses in the morning?”

Tom paused, glancing at Rick. The answer to this question was yes, but he didn’t want to give Tyler any information he didn’t have to. “We may, your honor,” Tom said. “We will be deciding that question tonight.”

Judge Cutler frowned, but didn’t say anything. Tom knew that Cutler might press a younger attorney like Rick for a clearer answer, but the Judge didn’t seem to know how to handle Tom. That’s an advantage I hope to exploit tomorrow, Tom thought.

“OK, is there anything more to take up tonight?” Cutler asked, yawning into his fist.

“No, your honor,” Tyler said.

“No, your honor,” Tom repeated.

“All right, then, we’re adjourned till tomorrow at 9.”