“Uncle Dave’s been sick,” Chelsi said, taking her cue.
“Hmm,” Nina said. “Well, I understand you were going to bring me the court papers to look at,” she went on neutrally.
“Right.” He reached inside his wool shirt and pulled out a battered envelope. He set it on the desk, the hand revealing a slight tremor. Nina looked at him carefully, noting the thin burst of broken capillaries in his ruddy cheeks, the tangle of red veins around the edges of his eyes.
He hasn’t had the hair of the dog this morning, she thought, and he misses it. No wonder Sandy had given her a warning eyebrow. Sandy didn’t like drinkers.
On the other hand, wasn’t it a positive sign that he had held off to talk with her? Maybe there was still hope for him.
She opened the envelope and pulled out several legal documents in the Wrongful Death and Negligence case of Hanna v. Ace High Lodge and Does I-X.
The complaint Bruce Bennett had drafted was on top, followed by some unserved summonses, an answer filed by the Ace High Lodge, and a set of pleadings filed recently by the Lodge’s attorney, Betty Jo Puckett of South Lake Tahoe. While Nina skimmed through the pleadings, Dave Hanna slumped in his chair, never taking his eyes off her.
Chelsi had displayed a good grasp of her uncle’s legal situation. He was about to have his case dismissed on the motion of the Ace High Lodge, because he had done nothing to bring the matter to trial for almost two years.
Bennett had done a workmanlike job laying out the facts in the complaint. The Hannas had been celebrating their tenth wedding anniversary by spending the weekend at Lake Tahoe at the Ace High Lodge, one block from Harveys and the other Stateline casinos. They had gone to a show at Prize’s and walked back, then stepped out to the second-floor balcony of their room.
There, according to the dry legalese of the complaint, “they observed an armed robbery in progress.” And, in what seemed to be a case of being in the wrong place at the wrong time, at thirty-eight, third-grade teacher Sarah Hanna had been shot once through the heart. She was three months pregnant.
There were few traces of the gunman or other witnesses. The motel clerk, Meredith Assawaroj, had heard the shots from an adjoining property. She had missed seeing the killer but had provided the South Lake Tahoe police with a fair description of the three motel guests who had been held up, young people who had packed up and left before the police arrived.
The clerk’s descriptions of these three led nowhere. The gun hadn’t been left at the scene. The witnesses had paid in cash and the description provided had been inadequate to find them. Nina made a note to find out more about that.
Now the Ace High Lodge wanted out of Hanna’s lawsuit, which alleged that its clerk should have been in the office, that the motel security should have been better, and so on and so on. Hanna might have had some sort of case on the merits if he had pursued it, but leaving it to languish for so long had exposed him to Betty Jo Puckett’s Motion to Dismiss.
Puckett’s work looked good. Her law was solid. Statutory limits restricted the ability of plaintiffs to file a lawsuit and then do nothing, as Dave Hanna had done.
Puckett had apparently advised the motel owner well-to lay low for as long as possible and then attack Hanna for failure to prosecute. Nina hadn’t met the lawyer, but the courtroom grapevine said she had an effective style.
She looked up. Hanna’s cheeks flamed, but his eyes were sunken into the sockets. He looked like a big, healthy man who had developed some wasting disease that was ruining him. Nina wondered how long he had been drinking way too much. At least he was sober at eight in the morning. She found it painful to imagine what he’d gone through, how bitter he must feel now.
She cleared her throat. Setting down the motion to dismiss, she said, “Your wife seems to have been the classic innocent bystander.”
“Did you know she was expecting?”
“Yes.”
He shifted in his chair, like the seat hurt him.
“What do you plan to do now?” Nina asked him.
“Slink away, I guess.”
“The Lodge wants attorney’s fees.”
“I might get socked with their lawyer fees?”
“Perhaps.”
Dave Hanna put his hand on his heart and said, “Let me get this straight. They want me to pay them? How much money are we talking about?”
“I don’t know. I could guess, from the amount of work I see here, possibly several thousand dollars.”
“If I do nothing, what will happen?”
“You’ll probably have to pay their fees.”
During a long silence Hanna deliberated about whether to-what? Confide in her? Walk out on her?
“Well?” he asked finally.
Nina raised her eyebrows.
“What do you think?”
“It isn’t hopeless,” Nina said.
“There isn’t a damn thing I can do to stop them, is there?”
“You can fight the motion. The Code of Civil Procedure does require that a suit like yours be dismissed two years after service on the defendant with no action. But it hasn’t been quite two years. It’s still in the discretion of the court.”
Hanna blurted, “Look, lady. I understand you need to drum up business. Maybe you hope we’ve got a stash of dough hidden away. I hate to say this, but we don’t. Bennett demanded a hundred fifty dollars an hour and five thousand up front, and called himself cheap. I don’t want to bankrupt Roger and Chelsi. And I’m broke, like I keep telling you.”
“We’ll take care of the money, Uncle Dave,” Chelsi said.
“I will need a retainer,” Nina said, thinking of Sandy, who would hold her accountable. She came up with the lowest amount she could manage. “Two thousand, billed against my hours. I also charge a hundred fifty an hour. There may be expenses. If we manage to keep the case going, those expenses could mount up fast.”
“Done,” Chelsi said, whipping out her checkbook. Hanna bowed his head, looked at the rug. “It’s not for revenge,” Chelsi said. “It’s not for money. It’s for my aunt. You know?”
Nina nodded. She pushed the button as though Sandy hadn’t left the door open a crack and been listening the whole time.
After Hanna had signed an agreement and left with Chelsi, Nina adjusted her suit coat and hung her new briefcase over her shoulder.
“You think we can make money on this?” Sandy said. She reposed like a Buddha in her Aeron chair, detached, hands folded calmly on the desk over Nina’s notes.
“I do. Fast money. That’s if we can get past this motion to dismiss. The motel clerk should have been in the office. The area should have been less of an ambush invitation. There may have been other incidents-this kind of crime occurs in clusters. Maybe the motel should have been on notice.”
“The client’s unreliable.”
“Yes. But his relatives seem to have him in line. I think some money might help him, Sandy. Rehab. Grief counseling. Whatever. I trust Chelsi to steer him right.”
“Where do you want to start?”
“Let’s get the police reports and check to see if there were similar crimes reported in the area over the past ten years. File a notice that I’m in as Hanna’s attorney and send a copy of the notice to Betty Jo Puckett. She represents the Ace High Lodge.”
“Betty Jo Puckett?”
“You know her?”
“I met her. She has a problem in the tact department.”
Nina smiled, saying, “Report anything else you hear.”
“Before you go, what else do you need?”
“Get the file made up. I’ll get going on drafting the Response to the Motion to Dismiss after court. There is a long line of precedents regarding innkeeper liability for inadequate security. Sandy, remember Connie Francis?”
“The singer? Nineteen-sixties. ‘Lipstick on Your Collar.’ That wasn’t even her biggest hit. But even now it strikes a chord with me.” Sandy ’s husband, Joe, and she had broken up for many years and only recently remarried.