to chase these paper trails and identify potential plaintiffs for his friend Diz. Was he doing anything else worthwhile? Eventually, he had turned all of these names over to Hardy, and most had joined the other plaintiffs in the lawsuit.
Hardy thought it was starting to look pretty solid for the good guys. “So what did Mr. Kroll want?” he asked.
“He wants to talk some more before the next round of depositions.”
Hardy shrugged. “Did you tell him that that’s what depositions are all about, everybody getting to talk?”
“I believe I did. Told him we could talk all we wanted starting Tuesday, but he wants to put it off, maybe till early next year.”
“If I were him, I’d want that, too. What’d you tell him?”
“No, of course.” Freeman cleaned out his ear for a minute, his eyes somewhere in the middle distance. He picked up his glass and swirled it, then took a sip. “My gut is he’s feeling us out for a separate settlement.”
Hardy was about to take a sip himself, but he stopped midway to his mouth, put the glass back down. “We’re asking for thirty million dollars, David. Rodney King got six and he was one guy. We’ve got fourteen plaintiffs. Two million and change each. What could Kroll possibly offer that would get our attention?”
“I think he was having a small problem with that question as well. I got the feeling he’d been chatting with his insurance company, which won’t pay for intentional misconduct. To say nothing of punitives, which we’ll get to the tune of say six or eight mil, and again there’s no coverage. So if we win, Panos is bankrupt.”
“Which was the idea.”
“And still a good one.”
“Did he actually mention a number?”
“Not in so many words.”
“But?”
“But he’s going to propose we amend the filing so Panos gets named only for negligence, no intentional tort. This leaves his insurance company on the hook for any damages we get awarded.”
“And why do we want to do this? To help them out?”
“That’s what he wanted to talk about before the depositions. I predict he’s going to suggest that he rat out the city, give us chapter and verse on the PD and their criminally negligent supervision of his people, which strengthens our case, and in return he gets insurance coverage on any judgment we get.”
“What a sleazeball.”
“True. But not stupid,” Freeman said. “If we were equally sleazy, it’s actually a pretty good trick.”
“Let’s not be, though. Sleazy. What do you say?”
“I’m with you. But still, it’s not bad strategy. And it could be even better if he thinks to suggest settling directly with us for say a quarter mil per plaintiff, which puts three and a half mil in the pot, a third of which comes to you and me, and his insurance pays for all of it. Panos comes out smelling like a rose. We make a bundle. The city’s self-insured so they’re covered. Everybody wins.”
Hardy liked it, but shook his head. “I don’t think so, though. His insurance would have to agree, and why would they?”
“Maybe Panos has got it himself. In cash.”
“That’s not coming out smelling like a rose. That’s down three plus mil.”
“But at least then he’s still in business. We settle, sign a confidentiality statement, he raises his rates, he still wins.”
Hardy nodded grimly. “It’s so beautiful it almost makes me want to cry. And all we have to do is change a word or two?”
“Correct.”
“Just like guilty to not guilty. One word.” For a brief instant, Hardy wondered if Freeman were actually considering the proposal, which Kroll had never actually voiced and may not even have thought of. “Are you tempted?” he asked.
Freeman sloshed his wine around, put his nose in the bowl, took it out, and nodded. “Sure. It wouldn’t be a worthwhile moral dilemma if I wasn’t tempted. But it’s half your case and I’m duty bound to admit that I believe it’s a solid, pragmatic strategy, and not overtly
Hardy thought it was starting to look pretty solid for the good guys. “So what did Mr. Kroll want?” he asked.
“He wants to talk some more before the next round of depositions.”
Hardy shrugged. “Did you tell him that that’s what depositions are all about, everybody getting to talk?”
“I believe I did. Told him we could talk all we wanted starting Tuesday, but he wants to put it off, maybe till early next year.”
“If I were him, I’d want that, too. What’d you tell him?”
“No, of course.” Freeman cleaned out his ear for a minute, his eyes somewhere in the middle distance. He picked up his glass and swirled it, then took a sip. “My gut is he’s feeling us out for a separate settlement.”
Hardy was about to take a sip himself, but he stopped midway to his mouth, put the glass back down. “We’re asking for thirty million dollars, David. Rodney King got six and he was one guy. We’ve got fourteen plaintiffs. Two million and change each. What could Kroll possibly offer that would get our attention?”
“I think he was having a small problem with that question as well. I got the feeling he’d been chatting with his insurance company, which won’t pay for intentional misconduct. To say nothing of punitives, which we’ll get to the tune of say six or eight mil, and again there’s no coverage. So if we win, Panos is bankrupt.”
“Which was the idea.”
“And still a good one.”
“Did he actually mention a number?”
“Not in so many words.”
“But?”
“But he’s going to propose we amend the filing so Panos gets named only for negligence, no intentional tort. This leaves his insurance company on the hook for any damages we get awarded.”
“And why do we want to do this? To help them out?”
“That’s what he wanted to talk about before the depositions. I predict he’s going to suggest that he rat out the city, give us chapter and verse on the PD and their criminally negligent supervision of his people, which strengthens our case, and in return he gets insurance coverage on any judgment we get.”
“What a sleazeball.”
“True. But not stupid,” Freeman said. “If we were equally sleazy, it’s actually a pretty good trick.”
“Let’s not be, though. Sleazy. What do you say?”
“I’m with you. But still, it’s not bad strategy. And it could be even better if he thinks to suggest settling directly with us for say a quarter mil per plaintiff, which puts three and a half mil in the pot, a third of which comes to you and me, and his insurance pays for all of it. Panos comes out smelling like a rose. We make a bundle. The city’s self-insured so they’re covered. Everybody wins.”
Hardy liked it, but shook his head. “I don’t think so, though. His insurance would have to agree, and why would they?”
“Maybe Panos has got it himself. In cash.”
“That’s not coming out smelling like a rose. That’s down three plus mil.”
“But at least then he’s still in business. We settle, sign a confidentiality statement, he raises his rates, he still wins.”
Hardy nodded grimly. “It’s so beautiful it almost makes me want to cry. And all we have to do is change a word or two?”
“Correct.”
“Just like guilty to not guilty. One word.” For a brief instant, Hardy wondered if Freeman were actually considering the proposal, which Kroll had never actually voiced and may not even have thought of. “Are you tempted?” he asked.
Freeman sloshed his wine around, put his nose in the bowl, took it out, and nodded. “Sure. It wouldn’t be a worthwhile moral dilemma if I wasn’t tempted. But it’s half your case and I’m duty bound to admit that I believe it’s a solid, pragmatic strategy, and not overtly
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