Northwest Maritime was a corporation. It owned huge buildings and declared its existence from signs with fat red letters. The missing document was so small. A notarized paper that took up no space at all.
"Mr. Hale," the judge stated quietly, "I've been expecting this. The answer does deny the existence of the corporation. That does put the burden on you to prove your allegation regarding the corporation. This morning, I looked up the case law in anticipation of this motion."
"The .. . the driver. Mr. Hardesty. I believe he said ... judge Pruitt shook his head. "No, sit. The question was never put to him."
"But Mrs. Elliot? What about her?" Peter asked pathetically. "If you dismiss the case against Northwest Maritime, only the driver will be left and he doesn't have the money to pay for Mrs. Elliot's bills. She's paralyzed. You know Northwest Maritime is liable."
Peter stopped. The judge could not look him in the eye and Lyle Compton looked sick, like a child who has played a successful practical joke and now feels guilty about it.
"Mr. Hale," judge Pruitt said, "there is nothing I can do in this case. You did not prove that Northwest Maritime is a corporation. No reasonable jury could conclude it was from the facts in evidence and the jurors may not go outside the evidence produced in court. If I deny Mr. Compton's motion, he will appeal and the court of appeals will reverse me. They have upheld motions of this sort in seven reported cases I have found.
My hands are tied."
judge Pruitt turned toward Lyle Compton and Peter sank onto his seat. His head was spinning. He had no idea what he should do. He thought he might be sick.
"I'm granting your motion, Mr. Compton. A verdict "II be directed for Northwest Maritime. The case wi against Mr. Hardesty will proceed."
Peter felt the wheels of Mrs. Elliot's wheelchair bumping against his chair. -What is it? What is she asked, her slurred voice trembling with panic and fear. With each repetition, Mrs. Elliot grew louder and more strident and everyone in the courtroom looked at Peter to hear the answer he would give to this poor, crippled woman who would not receive one cent for the anguish and horror she had been through. Peter wanted to answer her, but he could not speak. He could only sit, eyes staring straight ahead, as his world went up in flames.
After court, Peter staggered back to Hale, Greaves in a daze. Martin Strobridge was one of the most eloquent attorneys in the state of Oregon, but he was struck dumb by Peter's account of his attempt to try Elliot v. Northwest Maritime. When Strobridge recovered his senses, he issued an order that no one was to tell Richard what had happened for fear of sending him into another cardiac arrest. Then, he suspended Peter from all his duties at the firm until a committee reviewed his conduct. Strobridge had no idea how grateful Peter was for the opportunity to stay away from the firm where he would be the object of derision as soon as the office grapevine spread the news of his disgrace.
Peter drove directly from his office to the hospital. He was allowed into the intensive care unit for only a few minutes. Richard's doctor assured Peter that his fathers condition was not serious and that Richard would be out of the hospital within the week, but the shock of seeing his father hooked up to IV drips and blinking machinery was as great as the trauma of losing Elliot.
Though he had never seen him play, Peter's image of his father always involved football. He thought of Richard Hale as a man of boundless energy who crashed through lines and smashed into opponents. The Richard Hale who stared at him with heavy-lidded eyes was old and frail and his speech was barely coherent. Peter tried to smile. He made a few feeble attempts at conversation.
Then, he stumbled out of his father's room before his allotted time was up, grateful that the drugs his father had been given prevented him from thinking clearly enough to ask about the outcome