The Nonconformist

by Ken Cohen

Chapter 24

Closure

In Bleak House, Charles Dickens wove a remarkable tale of a lawsuit which he called re Jarndyce and Jarndyce, possibly modelled on an actual case in the English court of chancery that had lasted over 60 years from its inception until a final decision came down from on high.

In Dickens' story, the suit consumes all the money left by a wealthy benefactor who made the basic error of leaving multiple overlapping wills upon his death. The lawyers, judges and clerks engaged in Dickens tale regarded the case as something of a feast to be gorged on over the years and through multiple generations until at the end only its well bleached bare bones remained for the descendants of Mr. Jarndyce.

Though the case of Stavros v. Violet Insurance Co. sometimes felt like that to the family, it was mercifully much quicker to reach its fruition. But its cost would be reckoned by any working man of the time to be well beyond the routine realities of life.

The case began when Uncle Lewis submitted what seemed like the family's routine claim on Alex's costly whole life insurance policy to the insurer in 1967 about two months after Alex died. By early 1971 the discovery stage of the lawsuit was finished. So the parties had now arrived at the point where each knew exactly what evidence the other party would be relying on if the case went to trial.

In early January, 1971, the plaintiff's lawyers set the case down for trial. All they needed at that point was a trial date from the court office. Marvin Kingman was hopeful that the trial would take place that spring.

But he was also mulling the possibility of trying to short-circuit the process by seeking a summary judgment without a trial. The basis for such a motion was that the defendant had no evidence to support its claim that Alex Stavros committed suicide (suicide would nullify the policy), or its alternate position that one of the beneficiaries of the policy, Daniel Stavros, had deliberately sabotaged the brake line of Alex's old car.

Now, in late February, 1971, Marvin Kingman had what he considered irrefutable evidence that the insurer's defence was a sham.

The doorbell rang at 10 a.m. sharp on a Saturday morning. Barbara went to the door.

"Good morning, Mr. Kingman, and thank you so much for coming to see us here. As I told your secretary, I'm now teaching full-time and can't easily get downtown during the day. And I'm anxious to get this lawsuit dealt with. It's over four years since Alex died."

"I understand, Mrs. Stavros. Good morning, Danny and Mary."

The family met around the small dining room table.

"I would first like to review the situation with you. As we do this, it will encompass everything you'll be hearing more about in the weeks to come as we try to bring this to a conclusion."

He went on to summarize the evidence and the legal position, including his near certainty that they would win at a trial, and his thoughts about trying for a summary judgment without a trial.

"Now we come to the meeting with Uri Heeler, an employee of Violet Insurance Company. He phoned Danny at home at about 5 p.m. on February 22, that was last Monday. He wanted to meet Danny privately the next morning, last Tuesday. He said it was in Danny's best interest to meet with him. Danny told him to phone me, but he insisted on meeting. Danny saw no harm in it and said he would meet Heeler at a coffee shop a few doors from the insurance company's office in Toronto.

"Danny then phoned me to tell me about the call.

"Now, in litigation, the parties to a lawsuit do not routinely meet with each other to discuss their dispute without their lawyers present. So this was, I would call it, extraordinary.

"I made a quick decision. I had Danny come to my office before he met with Heeler. Danny was at our office downtown at 7 a.m. Tuesday.

"We have a technician, Harold Greenspan, in our office who handles various equipment problems for us. He had some experience with what I had in mind. When Danny arrived, he met with Harold. On Monday evening Harold got his hands on a professional quality recording device similar to the kind police use. Harold fitted Danny with the recorder and a microphone, and Danny practised using them. They're pretty simple to use. He was thoroughly familiar with them by the time I arrived at the office about 8 a.m.

"I then told Danny how I wanted him to handle to meeting. We did not know what Heeler would say, but I wanted the meeting recorded in case there was anything controversial involved.

"Danny took the subway from our office up to St. Clair and met with Heeler. Danny secretly recorded the meeting.

"At the meeting, Danny heard what were in effect threats that if he did not agree to settle the lawsuit for $300,000, private information about himself would appear in the media in a highly derogatory way that would make it sound like a scandal. Danny pretended to be frightened. He said he would speak to his mother and meet with Heeler the following morning.

"Danny returned to my office after the meeting and explained what happened. Several of us listened to the recording. I had Danny phone Heeler at his office at 9 the next morning. He told Heeler he wasn't well and couldn't attend the second meeting. He asked Heeler to reschedule the meeting later in the week. Heeler refused. It didn't matter. I told Danny not to contact Heeler for any reason after that. If Heeler were to contact him, he was to tell him to call me.

"Over the last four days, we've prepared a motion asking the judge for a summary judgement on the grounds first that there is no real defence in this case, and second, that the evidence from the recording proves the insurance company has acted in bad faith throughout. We've also prepared a typed transcript of the recording.

"Now, motions like this are highly unusual. But we believe we have a good chance of success and we're prepared to bring the motion before a judge just as soon as you authorize me to do that. That's why I'm here today.

"There were no further communications from Heeler until yesterday when Danny received another phone call from him late in the day again threatening adverse publicity if he did not comply with their demands. He told him to call me. Heeler hasn't done that.

"That's where matters stand as of this morning, and it's why I wanted to meet with you. As you know, we turned Danny into a detective of sorts. So we have a recording of the meeting between himself Heeler in which Heeler in effect blackmails him by threatening him with adverse publicity if you do not settle the lawsuit for far less than we believe you're entitled to. There's also what I consider a threat at the end which amounts to indecent assault or a threat thereof by that same individual.

"The defence claims two things: first, that Alex committed suicide, thereby voiding the insurance contract; and second, that Danny tampered with the car's brake line, thereby causing the accident.

"They provided virtually no evidence in support of either of these allegations. They have medical records which indicate Alex talked about suicide with his psychiatrist a number of times. But talking about suicide is not evidence of suicide.

"The vehicle was turned over to the insurance company two days after the police finished with it. Their mechanic examined the car at the insurer's facility three days after the accident and found the brake line had been cut. That contradicts the police mechanic whose report states the brake line was in good condition. One can only surmise someone tampered with the brake line after the police mechanic inspected it.

"That is the extent of the insurance company's evidence.

"Against this, Danny is the only living witness to what occurred before and leading up to the accident. When he was examined for discovery, he answered all of the questions properly. I was satisfied and in fact impressed with his calm demeanour and intelligence. He'll make an excellent witness if this goes to trial. The insurer's lawyers know that. We also have plenty of other evidence as well.

"I was considering this motion even before the defendants' attempt at blackmail. In my opinion there is simply no valid defence. The insurance company tried to intimidate you but you stood up to them admirably.

"These motions are unusual, as the courts require strong evidence that there is no genuine issue to be tried, before dispensing with the time-honoured right to call and cross-examine witnesses and present all the evidence at a public trial.

"Now that we have this recording, I propose we bring the motion for summary judgement immediately. With the recording and a transcript of it, I believe the judge will throw out the defence and give us a summary judgment.

"This motion needs to be supported by strong evidence in the form of detailed affidavits. We've prepared those affidavits. I will also ask for a court order adding a claim for exemplary damages of $500,000. That's a kind of punishment award. I will ask the judge to assess the legal costs to date and require the insurance company to reimburse you for 100% of the money you've laid out to date for my firm's fees. Exemplary damages, and payment of 100% of legal costs, are both unusual remedies but this case cries out for them. If we succeed with this, I anticipate the recovery including accumulated interest could amount to $1 million or more.

There was a gasp. "$1 million?" asked Barbara.

"You'll see when you go through the draft statement I've prepared which I will leave with you. If you're happy with what I've described, someone from my office will come to meet with you tomorrow to sign the affidavits and the authorization to proceed with this motion. With everything we have, properly presented to a judge, I'm hopeful the motion will succeed.

"Danny, as you know, and I have to be frank here, the threats made to you were to the effect that information would appear in the media about this lawsuit, which would refer to yourself, state that you are a homosexual, and cast aspersions on you.

"This could cause serious difficulties for you in the future, even though there may be no justification for what they say and print. The prejudices of people in this country are such that exposure in the media could cause you considerable harm.

"I shall make it clear to the insurance company that if such a thing happens, the company will be included in any libel and slander lawsuit you may bring against any media involved. That's my recommendation but it's something that we will deal with as time goes by if anything like that should occur.

"One of your options is to end the lawsuit in return for payment of far less than the total I believe you're entitled to. I advise against any settlement at this point. With their threats on the record, we cannot believe anything they promise any longer.

"Are there any questions?"

"Mr. Kingman," said Barbara, "I would like to go ahead as you recommended."

"Me, too," said Danny.

"I agree," said Mary.

"I admire all of you. Danny, you've shown a lot of courage, and I think you're making the right decision. Standing up for yourself isn't easy in this country as things are today. But there's no better way to handle situations like this than to confront them with plenty of ammunition and make it clear they're in for a serious fight. That's what I believe you're doing by going ahead with this motion."

The plaintiffs filed the motion asking the court for a "summary judgment" without a trial.

Before the hearing, Danny testified to the judge under oath as to what led to the making of the recording of his conversation with Uri Heeler. His testimony about the meeting with Heeler and the making of the recording, and the defendant's cross-examination of him, took almost two hours to complete. He again proved to be an excellent witness.

Harold Greenspan provided the necessary evidence about the recording device and the recording itself, including its authenticity. The defendant's lawyer cross-examined Harold as well, but was not able to challenge the authenticity of the recording with any degree of success.

The judge was satisfied the recording was authentic and genuine.

He also commented on the fact that Uri Heeler, despite having been subpoenaed, had not appeared in court.

"Ladies and gentlemen, we will listen to the recording now."

The clerk pressed the play button and the tape player began. A microphone had been placed near the player so that the recording could be amplified.

"Now Danny, this conversation is off the record. You understand that?"

"Yes."

"Okay. Uh, there's something I don't think you're aware of. This lawsuit, all lawsuits, are open to the public. So, everything that happened with your father's death will become public knowledge at the trial. You know that, right? All those files and papers about you being a homosexual, all that. Well, unfortunately the media in this country have a way of, let's just say they twist and distort facts to make them sensational. You know that, right? You're no fool, you're a smart, well educated young man. You know sensational news attracts listeners and viewers and readers to radio, TV, newspapers, magazines. I'm sure you know that.

"So here's what's going on. We're hearing rumours that the media will be at the trial. They'll say this is a case of a homosexual teenager, that's yourself, who hated his father and cut the brakes of your father's car so you could collect his life insurance. Another version is, your father committed suicide because he found out you're a homosexual and couldn't live with that knowledge, and he hoped to take you with him to the next world so it was convenient for him that you were with him in the car that morning. But he didn't notice you had your seatbelt on so you survived the accident. So the writers of stuff like this say you sued to make a killing from your old man's death.

"Now you're just a kid, and these things must seem very unfair to you. But the unfortunate fact of life, and I guess your money grubbing lawyer didn't say this to you yet, but the media being what they are, you're gonna find your name smeared in the newspapers and radio and TV after the trial starts, describing you as the perverted son of a man with a big insurance policy on his life. They'll say you found out about the policy and saw a way to profit from it. They'll say you cut the brake line so the brakes failed and your old man was killed in the accident. Or they'll say he committed suicide because of you. In either case, they'll say you stand to profit to the tune of $600,000 if you win.

"Shit like that could destroy your future, kid. It won't matter if you win or lose or who's right and who's wrong. What matters is, the newspapers and news people are gonna destroy you. You look for a job after you graduate, no one will hire you. Your reputation will precede you. You'll be known for the rest of your life as the kid who killed his own father for profit. You'll be lucky to find work digging ditches, even the ditch diggers might throw you out.

"I'm here to offer you a way out. The key to it is, settle this lawsuit and end it, fast. We're running out of time, those media people are sniffing around, there's rumours out there. As the trial gets closer, the chances the newspapers and TV will run stories goes up every day. So I'm here to offer you and your mother $300,000 in return for a release of the claims against the company and a dismissal of the lawsuit. You walk away with a neat clean bundle of money and no more worries or lawyers to deal with, no trial, no bad publicity that could ruin your career and your life. All this shit you're going through will be over, you can get on with your life and you'll be rich. $300,000 is a hell of a lot of money for a young guy like you.

"What happens if we don't accept?"

"If you don't, very bad things will be said about you in public. Your career plans will go down the drain when people find out what a pervert you are. You could go to jail, homos are illegal in Canada and the U.S. And you know, you could lose this lawsuit when the fucking judge finds out what you are, he's not gonna want to reward a pervert for doing in his own father. Instead of having $300,000 in the bank, you and your mother will end up with a pile of bills from your lawyer and our lawyer that will put you into bankruptcy. You'll lose your home and everything else that you have, the cars, the colour TV, all that nice middle class crap you people are loaded up with. And we can't be responsible for physical harm that could come to you or your family members as a result of the bad publicity, either. People find out what you are, you better grow eyes in the back of your head because a lot of people hate people like you, especially when you're near their young children."

"Imagine the headlines in the newspapers: 'Pervert son seeks to profit from father's suicide.' 'Homosexual suspected in father's death sues for $600,000 life insurance proceeds.'

"Mr. Heeler, where are you getting all this from? There's no evidence of any of what you're say-ing, and in fact nothing like that happened. I—"

"Shut up and listen to me. It doesn't matter. We'll see to it every tabloid, gossip columnist and magazine has your photo on their front pages with headlines like that. You'll be finished in this country. You might as well start packing now. And foreign media could pick this up too, the Americans eat up stuff like this. We're gonna nail you good unless you agree to our excellent and more than reasonable offer to settle this case.

"I'm sorry to have to tell you this, kid. It's not my doing. I'm actually on your side. They're preparing to give out press releases as we speak. The people I'm up against in our company, they're ruthless. You don't want to tangle with them. I keep telling them what a good kid you are. They don't care. So it's in your best interest to settle. $300,000 in your hands in a few days once all the paperwork is signed. Or, no money, lose the case, pay all the costs, maybe lose your home too, and have your good name destroyed by the fucking media. Those are your choices."

"God, I can't believe this."

[a long silence, sounds of someone crying, background sounds from the restaurant.]

"No need to cry, son, it's okay. I'm sorry I upset you. But it's best you know these things now so you can still do something to head this off. Believe me, you know what I'm offering you is the best deal you're gonna get and you can rest easy after that."

"So what do I have to do? I'll talk to my mom, she'll leave it up to me, this whole thing has been a nightmare for her. I need you to leave her alone."

"Okay, that brings me to this envelope. This here paper inside the envelope is a settlement between you and the insurance. All three of you have to sign it, here where your names are typed. You take it home, sign the three copies. Meet me back here tomorrow morning. Same time, 9:30. Bring two of the signed copies and give them to me. The third copy you give your lawyer. No need to tell him anything except, you just want the case settled based on this paper. Your lawyer will get the case dismissed at the court by the end of this week. Then you get our cheque for $300,000 just like it says there. That's it, you're off the hook, nothing bad will happen, the case will be over."

"The rest of this stays between you and me. I'm doing this for your sake Danny. I don't want to see a good young man like you get hurt."

"And the newspapers?"

"Nothing, son, we'll make sure they know nothing and publish nothing."

"OK, look, I'll talk to my mom. I'll get these signed. And I'll see you here tomorrow."

"One other thing, I think you won't mind this, there should be a little something in all this for me for engineering this settlement. The only other thing I'm gonna ask from you, my man, is, you come to my place tomorrow after work cause I want to celebrate with you. I want a piece of that pretty little ass of yours. I know you won't mind, you guys like it up the ass, I'll make it feel real nice I promise you, I'll take you on a ride you won't forget, you'll really like it. Is that understood? You'll come to my place tomorrow so that we can celebrate together?"

"What? Mr. Heeler, I don't even know you. I've never done stuff like that."

"Come on, it will be lots of fun. That's my part of the deal, just kind of personal to me if you know what I mean. That way I will be sure that nothing bad happens afterward, nothing gets into the media. I guarantee you, you'll love it, I'll be very gentle, no pain, lots of happy thrills. Here, this is my address on this paper here.

"You make sure you call me tomorrow after all the paperwork is signed and let me know you're coming. I'll be waiting for you. We'll have a little party together. It'll be lots of fun, you'll really like it. You like blow, I have some of that, it takes you on a great ride. We'll have lots of fun together I promise. Maybe we can even become friends. You're a sweet kid, Danny, you're really cute, I'm sorry you had to go through all this, in fact I'm sorry your dad had to die. I'll bet you're a lonely boy, I can be your friend, you know. And I want you to call me Uri from now on, no more Mr. Heeler. It's tough, I really admire you, you have a lot of balls, after tomorrow we'll be finished with it, you'll be rich and you and I can celebrate. Okay?"

"Uh, okay, sure, I'll call you tomorrow. Yeah, I guess it'll be fun. I mean, if I have to I will. Okay, I will."

"Okay Danny, I can't wait to see you tomorrow after work, we'll have some great fun together. I have to get back to the office now so I'll see you tomorrow, I'll make you very happy in ways you never dreamed of."

"Bye."

After listening to the recording, the judge reviewed all of the affidavits submitted by the plaintiff and the defendant in connection with the motion for summary judgment. He listened to arguments by the two lawyers. He said he would do his best to provide a decision on the plaintiffs' motion for summary judgment within a month.

Late in April, 1971, a week before final exams, an ornate oversized envelope arrived in the mail addressed to Mr. Daniel E. Stavros. It contained an invitation from Mr. and Mrs. Norman Rockwood to the wedding of their daughter Sally to Michael, son of Mr. and Mrs. Michael P. Inness. Sunday, August 8, 1971 at St. Michael's Cathedral, 200 Church St., Toronto.

Mike and Sally would be living in Buffalo for one more year after the wedding until Mike finished his four-year degree.

A week after the invitation arrived, Mike phoned and asked Danny if he would be Mike's best man at the wedding. Danny was deeply honoured and would of course accept the role.

Diary, April 28, 1971 - Something good has happened. The judge ended the damned lawsuit. Finally. He stuck it to them good and I'm glad he did. Insurance companies aren't supposed to behave this way. Most of them, I'm told by Marvin, would never pull something like this, they don't refuse payment when all they have is a bunch of facts that could amount to almost anything, or to nothing at all. But the odd one will play hardball when it comes to paying claims.

We got all the policy money, plus a lot of interest, plus $100,000 for something called exemplary damages that Mr. Kingman said is like punishment for them acting in bad faith. He was right, it totals almost a million dollars with all the interest and legal costs. Marvin said the judge was really pissed at them and hammered them. The judge is even sending a complaint to the government people who license insurance companies, and referred it to the Crown attorney for possible criminal violations. Marvin says there's a chance the insurer will appeal, which will delay the payment. I have my doubts. The more they push this and the higher the case goes in the court system, the more trouble they will get themselves into.

Anyway, if there's no appeal, Mr. Kingman says we'll have the money by the end of May.

So now, after final exams the next two weeks, I'm look for a house down in the City a lot closer to the university. That way I won't need to commute like I have the last three years, when I go to law school in the fall. With the money, I can afford it. Mary starts at nursing school in the fall, and mom wants to sell the house anyway and buy one of those new condominium apartments. Maybe a new home will give her a new start. It's best we're out of each other's way. I'll start looking for a house after exams are finished.

Diary, May 19, 1971 - I've written my last exam. I finished university last week.

I'll work this summer and start law school in the fall.

I'm alone. I'll live alone in my house when I'm in law school.

That's my life.

Maybe it's time to look for a girlfriend. I don't see any guys on the horizon for me.

Danny wrote a letter to Kenny, his first in over a year. It had been far longer since he'd received anything other than Christmas cards from his one time lover.

June 30, 1971 - Dear Kenny, It's a long time since I last wrote you. I wish you'd write me. I know you're ignoring me. You threw away what we had because of one mistake I made. I once thought you loved me. I guess I know better now. Still, I can't help but love you still. Whatever happens in the future, Kenny, I hope you find love and happiness.

I'm going to law school in the fall. Just like you said.

I'm thinking about dating women because I can't make it in this other world, the gay world. I feel out of place in both worlds. Socially, I just can't seem to connect with people. I don't want to spend my life wandering from one dumpy gay bar to another, drinking too much and looking for something that doesn't exist. I tried all that sort of thing over the last couple years, it's depressing and doesn't work.

So if I find a nice girl who actually has feelings for me, maybe marriage will work out. I can't imagine such a girl, or how any girl could have feelings for me.But I have to try. Right now, I don't even know how to get started.

Mike's wedding is a few weeks away. I need to find a date. They're having the rehearsal early, so I went to the church this morning. It's years since I was in church. It's hard to stay in touch with an organization that rejects me because of what I feel. The Catholic church is just like the Orthodox one and all the other denominations too. Condemned to hell because of how I was born.

I saw Sharon Miller at the rehearsal, she's a bridesmaid and I was glad to hear she's engaged. I met her husband to be, he seems like a good guy. She deserves the best. She looks fabulous, lost some weight, somewhere along the line she picked up a lot of confidence and she looks her best. If she weren't engaged, I'd have asked her out.

I hadn't seen Mike since Christmas. He's looking so good. One year until graduation. He's studying criminology, wants to become a police and be a detective. Whoever would've guessed back in high school? He has his heart in it. And that's what's important. Sally is glowing, starting second year medicine in Buffalo in the fall.

I'm feeling a strange combination of okay, sad and something else, maybe regret? Wistful-ness? Yearning for some feeling from the past that I can't put my finger on.

So that's it. You won't hear from me again. You and I had good years together. I'll never forget them or you. You'll be the love of my life for the rest of my life. Danny.

Talk about this story on our forum

Authors deserve your feedback. It's the only payment they get. If you go to the top of the page you will find the author's name. Click that and you can email the author easily.* Please take a few moments, if you liked the story, to say so.

[For those who use webmail, or whose regular email client opens when they want to use webmail instead: Please right click the author's name. A menu will open in which you can copy the email address (it goes directly to your clipboard without having the courtesy of mentioning that to you) to paste into your webmail system (Hotmail, Gmail, Yahoo etc). Each browser is subtly different, each Webmail system is different, or we'd give fuller instructions here. We trust you to know how to use your own system. Note: If the email address pastes or arrives with %40 in the middle, replace that weird set of characters with an @ sign.]

* Some browsers may require a right click instead