It is a legal matter! If a medical doctors malpractice results in death to his patient, the avenue of financial redress for the family is the court. This is no different. Dr. Damian Steele is a psychologist who deliberately performed psychosurgery to cut Roy Nye out of his own life. Mrs. Nyes only course of redress for the loss of her husband is this court. Her case deserves to be heard!
Ingle ran the palm of his hand over his mohawk appreciatively. Hmm. I like your analogy to a medical doctor.
Except that logically and legally it doesnt hold up, Kay quickly interjected. No medical definition has ever recognized death as occurring with the removal of a dysfunctional personality part
The defense attorney is wrong, Your Honor! Brain-dead is legally dead!
Kay turned to Croghan. You know perfectly well that Lee Nye is not brain-dead. He is a functioning
But he is not Roy! It is not a mans body that defines him, but his thoughts, his emotions! Croghans arms made great circles around him, building momentum before pointing accusingly at Damian. Roy Nyes essence is gonemurdered by that man!
Your Honor, there are absolutely no legal grounds
Ingles hands came up. Yes, yes, Ms. Kellogg. You are right about there being no legal precedent for Mrs. Nyes unusual cause of action. But its a damn interesting cause of action, you must agree. Hell, I cant wait to see what the criuh...I mean, the jury will make of this one.
Ingle picked up his gavel and held it high. Motion to dismiss due to lack of cause denied. He rapped the gavel once, its vibration bouncing ominously off the walls of the mostly empty courtroom.
Damian felt the legal blow of the judges decision. But Kay seemed amazingly calm and collected in its wake. Without hesitation, she walked up to the judges podium, papers in hand.
Your Honor, this is a motion to dismiss Mrs. Fedora Nyes suit based on the fact that the plaintiffs petition for redress was filed a month after the three-year statute of limitations.
Croghan was instantly shouting again. I protest, Your Honor! Washingtons wrongful-death statute does not contain an express statute of limitations.
Kays soft voice retained its elegant calm. Your Honor, Mr. Croghan is in error. The statute of limitations is provided in the Washington Revised Code, which sets forth time limitations for commencing various forms of legal actions. A three-year statute of limitations is applicable to a personal-injury suit. Lee Nye legally eliminated the Roy part of his name three years and five months ago, yet it wasnt until four months agoa full month after the three-year filing deadlinethat Mrs. Nye commenced her personal-injury suit against Dr. Steele for the wrongful death of her husband.
Ingles forehead frowned under the clear logic of Kays thrust. He glanced at Croghan hopefully. Croghan couldnt have missed the fact that the judge was rooting for him. And he was ready with his rebuttal.
Your Honor, Mrs. Nye did not discover that her husbandI mean, Lee Nyehad changed his name from LeRoy until at least six months after the fact. That puts the filing of her suit well within three years of learning of the legal name change.
Damian caught Fedora Nye looking up quizzically at Croghan. She obviously was surprised to learn that she didnt know of the name change until six months after the fact.
Kay shook her head much like a tired but patient parent. Your Honor, I gave the official name-change date as the last possible time that Lee was still in any way identified by the Roy name. In truth, the plaintiffs
case should never be going to trial.
Kay threw the words over her shoulder as she charged down the King County Courthouse stairwell, doing her best to physically work off her anger. They had seven more flights to go and she knew she was going to need every one.
She heard Damians reply from behind her as he kept pace with her downward plunge. At least you got the media barred.
From filming in the courtroom only. They still can have reporters flooding the spectator area. And you can bet Croghan is going to make sure they do. This is just the kind of unusual case they love to sensationalize. In addition to everything else, were going to have to be prepared for the press.
Are you really not ready to start Monday?
Its certainly not when I would have chosen to begin. But well manage. What will be critical is lining up defense witnesses in time.
How can I help?
You could start by contacting those two psychologists you told me about earlier this week, the ones you consulted with on Lees case. See if both will be available to appear in court next week.
What day?
Soonest would be Thursday. As you heard, Monday will be taken up with jury selection. Tuesday and Wednesday will most likely be the days when Croghan will be presenting the plaintiffs case. He gave me a long list of potential witnesses, one hundred in all.
A hundred witnesses? You must be kidding.
No, but he is. Its a ploy to try to overwhelm us, to use up all our energy tracking down these people to find out what they could possibly have to say. He probably wont be calling more than a handful. Still, we have a full weekend ahead preparing even for that handful.