Honor, this is a motion to dismiss Mrs. Fedora Nye’s suit based on the fact that the plaintiff’s petition for redress was filed a month after the three-year statute of limitations.”
Croghan was instantly shouting again. “I protest, Your Honor! Washington’s wrongful-death statute does not contain an express statute of limitations.”
Kay’s 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 wasn’t until four months ago—a full month after the three-year filing deadline—that Mrs. Nye commenced her personal-injury suit against Dr. Steele for the wrongful death of her husband.”
Ingle’s forehead frowned under the clear logic of Kay’s thrust. He glanced at Croghan hopefully. Croghan couldn’t 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 husband—I mean, Lee Nye—had 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 didn’t 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 plaintiff’s husband officially divorced her in court four years ago, giving as his reason the fact that the Roy personality no longer existed and he wished to legally sever all ties to the man’s life. As Mrs. Nye officially learned this in their divorce proceedings four years ago, how can her attorney claim she didn’t know that her husband was gone until nearly a full year later?”
“Because my client’s religion does not recognize divorce,” Croghan rebutted in his louder-than-life voice. “In the eyes of God, Fedora was still married to Roy and hoped for his return to her and their children. It wasn’t until she learned of the legal name change—months after it took effect—that she realized Roy was gone forever from her life, a victim of that man.”
Croghan was back to dramatics, pointing his finger in Damian’s direction. Ingle once again picked up his gavel.
“Applying the discovery rule to this case, I find that the statute of limitations for filing the wrongful-death action did not commence until Roy Nye’s statutory beneficiary, Mrs. Fedora Nye, discovered all the elements for her cause of action, to wit, that her husband’s name had been changed. Motion to dismiss based on a tardy filing denied.”
A second rap and it was official. They were going to trial.
Damian was surprised to realize that he was as disappointed for Kay as he was for himself. He had no doubt that her arguments had been legally sound, and the only reason they were going to trial was that this judge was determined to gather material for his next novel. Still, as Damian glanced at his attorney, he was equally surprised to see that no defeat marred her face.
“Your Honor,” Kay said. “I respectfully request a two-week continuance. As I have only received Dr. Steele’s case this last Monday, I am hardly prepared to—”
“Save your breath, Ms. Kellogg,” Ingle interrupted. “I’m not going to let your client’s dissatisfaction with prior legal representation delay this trial. I’ve had defendants play that game with me before. They change counsel every week and each new attorney demands a continuance. No. We will begin jury selection in this matter Monday morning.”
Once again, Kay spoke up. “Your Honor, the defense formally requests that all cameras and live media coverage be barred from the courtroom for the duration of this trial.”
“I protest, Your Honor,” Croghan immediately countered. “Trials are meant to be free and open to all the citizens—”
This time it was Kay who pounded her hand on her table, much to the surprise of Croghan, the judge and Damian—who joined the other men in openly staring at her.
In that resulting shocked silence, her soft voice carried very well. “Your Honor, I will not allow the plaintiff’s lawyer to turn this courtroom into a three-ring circus for live-action news. Dr. Steele’s spotless reputation and professional standing will be protected. Because if they are not, I promise that when we win this case—and we will win it—we will be filing a lawsuit against Rodney Croghan, his client and any and all other parties who would dare sanction such slander.”
Kay had made it clear that she meant Judge Frederick I. Ingle III as one of those other parties. Damian was amazed at the real threat that gentle voice could portray. And, he was even more amazed when he watched her smile sweetly at the judge after making her threat. The lady behind those bright blueberry eyes was just full of unexpected dimensions. He had yet to find one that disappointed him.
Judge Ingle didn’t seem all that disappointed, either. He looked at Kay as if with new appreciation for her fighting spirit. Then he raised his gavel, once again.
“No filming inside the courtroom,” he said simply. He followed his proclamation with a short rap.
“But, Your Honor—”
“Come now, Mr. Croghan,” Ingle interrupted. “With the kind of sensationalism this case will engender, you won’t be able to keep the news hounds at bay. Now, you two, listen up, because we play by the Marquis of Ingle’s rules in this court. I want a good fight, a clean fight. You’ll get no interference from the bench for surprise punches, but keep them in the legal zones. Nine o’clock Monday morning we’ll begin to impanel the jury. By ten o’clock Tuesday morning, I expect each of you to be ready to come out from your corners swinging your introductory remarks. May the best lawyer win. Court’s adjourned.”
* * *
“DAMN INGLE and his sudden need for literary acclaim,” Kay lamented. “His allowing the case to be heard was always a possibility, but his accepting Croghan’s feeble argument to extend the statute of limitations for filing was ludicrous, absolutely ludicrous. He’s just looking for colorful grist for the milling of his next novel. This 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 Damian’s 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, we’re going to have to be prepared for the press.”
“Are you really not ready to start Monday?”
“It’s certainly not when I would have chosen to begin. But we’ll manage. What will be critical is lining up defense witnesses in time.”
“How can I help?”
“You could start by contacting
