broken jaw.
“Not a soul.”
“I lost my insurance when I lost my job. The medicals are $4,600 as of now. The wires are in for a month, after that I don’t know.”
“I made my offer,” David said. “Do we have a deal?”
A long pause, then, “Yes, I guess.”
“There’s one other thing, Mr. Deentz.”
“Okay, what is it?”
“You called my wife a bimbo.”
“Yes, I, uh, shouldn’t have done that. Your wife is very attractive.”
“She is, and she’s a very smart lady.”
“My apologies.”
“And mine.”
W ally’s first post-trial victory was the successful completion of Oscar’s divorce settlement. With little in the way of assets and both parties desperately wanting out, the agreement was actually quite simple, if any legal document could ever be considered simple. When Oscar and Wally signed their names just below Paula Finley and Goodloe Stamm, Oscar stared at the signatures for a long time and did not attempt to suppress a smile. Wally filed the agreement in circuit court, and an appearance date was set for mid-January.
Oscar insisted on a celebratory bottle of champagne, nonalcoholic of course, and the firm met at the table for an unofficial meeting late in the day. Since all four knew the score-Day 15 of sobriety-Wally was toasted along with the newest bachelor on the block, Oscar Finley. It was Thursday, November 10, and though the little boutique firm was facing a mountain of debt with few clients, they seemed determined to enjoy the moment. Wounded and humiliated, they were still standing and showing signs of life.
Just as he drained his glass, David’s cell phone vibrated. He excused himself and went upstairs. – D ylan Kott introduced himself as the senior VP and chief counsel for Sonesta Games, a position he had held for many years. He was calling from the company’s headquarters in San Jacinto, California. He thanked David for his letter, its tone and reasonableness, and assured him the package had been studied by the company’s top brass, and, frankly, there was “deep concern” up there. He, too, was concerned and said, “We’d like to get together, Mr. Zinc, face- to-face.”
“And the purpose of the meeting would be to…?” David asked.
“Discuss ways to avoid litigation.”
“And to avoid negative publicity?”
“Certainly. We are a toy company, Mr. Zinc. Our image is very important to us.”
“When and where?”
“We have a distribution center and office in Des Plaines, your neck of the woods. Could you meet us there Monday morning?”
“Yes, but only if you’re serious about a settlement. If you plan to walk in with some lowball scheme, then forget it. I’ll take my chances with a jury.”
“Please, Mr. Zinc, it’s too early to start with the threats. I assure you we recognize the gravity of this situation. Sadly, we’ve been here before. I can explain it all on Monday.”
“Fair enough.”
“Has a legal representative been appointed by the court for this child?”
“Yes. His father.”
“Would it be possible to have both parents on hand Monday morning?”
“I’m sure they can be there. Why?”
“Carl LaPorte, our CEO, would like to meet them and, on behalf of our company, offer an apology.”
CHAPTER 49
The facility was one in a long row of modern warehouses that covered acres and seemed to stretch endlessly west from Des Plaines and the Chicago suburbs. Thanks to his GPS, David found it with no trouble, and at 10:00 Monday morning he escorted Soe and Lwin Khaing through the front door of a redbrick office complex stuck to the side of a massive warehouse. They were immediately led through a hallway and into a conference room where coffee, pastries, and juice were offered. They declined. David’s stomach was flipping, and his nerves were on edge. The Khaings were thoroughly overwhelmed.
Three well-dressed corporate types entered the room: Dylan Kott, chief counsel; Carl LaPorte, CEO; and Wyatt Vitelli, chief financial officer. Rapid introductions were made, and then Carl LaPorte asked everyone to have a seat and did his best to reduce the tension. More offers were made of coffee, juice, and pastries. No thanks. When it soon became apparent that the Khaings were too intimidated to converse, LaPorte grew somber and said to the parents, “Well, first things first. I know you have a very sick boy and he is not likely to improve much. I have a four-year-old grandson, my only grandchild, and I cannot imagine what you are going through. On behalf of my company, Sonesta Games, I take full responsibility for what has happened to your son. We did not make the product, this Nasty Teeth toy, but we own the smaller company that did import it from China. Since it’s our company, it is our responsibility. Any questions?”
Lwin and Soe shook their heads slowly.
David watched in amazement. In a trial, these comments by Carl LaPorte would be fair game. An apology by the company would be admissible into evidence and carry great weight with the jury. The fact that he was accepting responsibility, and doing it without hesitation, was important for two reasons: first, the company was sincere; and, second, the case was not going to trial. The presence of the CEO, CFO, and top lawyer was a clear sign that they had brought their checkbook.
LaPorte continued: “Nothing I can say will bring back your little boy. All I can do is say I’m sorry and promise you that our company will do all that we can to help you.”
“Thank you,” Soe said as Lwin wiped her eyes. After a long pause, during which LaPorte watched their faces with great sympathy, he said, “Mr. Zinc, I suggest the parents wait in another room down the hall while we discuss matters.”
“Agreed,” David said. An assistant suddenly materialized and led the Khaings away. When the door was closed again, LaPorte said, “A couple of suggestions. Let’s take off our coats and try to relax. We could be here for some time. Any objection to using first names, Mr. Zinc?”
“Not at all.”
“Good. We’re a California company, and our culture leans to the informal.” All coats were removed and ties loosened. Carl continued, “How would you like to proceed, David?”
“You called the meeting.”
“Right, so a little background might be helpful. First, as I’m sure you know, we’re the third-largest toy company in America, sales last year of just over $3 billion.”
“Behind Mattel and Hasbro,” David said politely. “I’ve read all your annual reports and a ton of other stuff. I know your products, history, financials, key personnel, divisions, and long-term corporate strategy. I know who insures your company, but of course the limits of liability are not disclosed. I’m happy to sit here and chat as long as you guys would like to. I have nothing else planned for the day, and my clients have taken off from work. But to move things along, I suggest we get down to business.”
Carl smiled and looked at Dylan Kott and Wyatt Vitelli.
“Sure, we’re all busy,” Carl said. “You’ve done your homework, David, so tell us what you have in mind.”
David slid across Exhibit 1 and began, “This is a summary of brain damage verdicts over the past ten years, kids only. Number 1 is a $12 million verdict in New Jersey last year for a six-year-old who ingested lead by chewing on a plastic action figure. The case is on appeal. Look at Number 4-a $9 million verdict in Minnesota that was upheld on appeal last year. My father sits on the Minnesota Supreme Court and is fairly conservative when it comes to upholding large verdicts. He voted to affirm that one, as did the rest of the court. Unanimous. It was
