T Is for Trespass

kitchenette and set up a pot of coffee. I’d forgotten to bring in a carton of milk so I was forced to use two flat packets of fake stuff once the coffee had finished dripping into the carafe. I returned to my desk and opened the manila mailer. Then I leaned back in my swivel chair and put my feet on the edge of the desk with the transcript opened on my lap, coffee cup to my right.
    Tilford Brannigan was a biomechanical expert who doubled, in this case, as the accident reconstructionist, wearing two hats at once. The document was neatly typed. The pages were stapled together at the top left corner. Each eight-by-eleven page had been reduced in size and formatted to fit four to the sheet.
    The first page listed correspondence, marked “Plaintiff’s Exhibits #6-A Through 6-H,” and went on down the numbered lines. Included was Brannigan’s curriculum vitae, Gladys Frederickson’s medical summaries, Request for Production of Documents, Plaintiff Response to the Defendant Request for Production of Documents, Supplemental Request for Production of Documents. Dr. Goldfarb’s medical files had been subpoenaed, as had the files of a Dr. Spaulding. There were numerous depositions, summary/medical records marked Plaintiff’s Exhibit #16, along with the police report. Various photographs of the damaged cars and the accident site had been entered as exhibits. I quickly flipped to the last page, just to get a feel for what I was in for. Brannigan’s testimony started on page 6 and continued to page 133. The proceedings had begun at 4:30 P.M . and concluded at 7:15.
    A deposition is, by nature, a less formal proceeding than an appearance in court since it occurs in a lawyer’s office instead of a courtroom. Testimony is given under oath. Both plaintiff’s and defendant’s attorneys and a court reporter are in attendance, but there’s no judge.
    Hetty Buckwald was there representing the Fredricksons, and Lowell Effinger was on hand in Lisa Ray’s behalf, though neither the plaintiffs nor the defendant were present. Years before, I’d looked up Ms. Buckwald’s bona fides, convinced her law degree was from Harvard or Yale. Instead, she’d graduated from one of those Los Angeles law schools that self-promotes by way of big splashy ads pasted on freeway billboards.
    I cruised through the repetitious early pages, where Ms. Buckwald worked to suggest that Brannigan was inexperienced and ill qualified, neither of which was true. Lowell Effinger objected at intervals, mostly intoning, “Misstates the prior testimony” or “Asked and answered” in a voice that, even on paper, sounded bored and annoyed. Effinger had tagged certain pages to make sure I didn’t miss the import. The gist of it was that, despite Ms. Buckwald’s persistently snide and wearing questions that cast aspersions on him wherever possible, Tilford Brannigan was steadfast in his insistence that Gladys Fredrickson’s injuries were inconsistent with the dynamics of the collision. There followed fourteen pages of testimony in which Ms. Buckwald picked away at him, trying to get him to yield on whatever minor point she was pursuing. Brannigan held up well, patient and unperturbed. His responses were mild, sometimes amusing, which must have infuriated Ms. Buckwald, who relied on friction and animosity to rattle a witness. If he conceded the smallest detail, she leaped on the admission as though it were a major triumph, completely undermining testimony he’d given before. I wasn’t sure whom she was trying to impress.
    As soon as I’d read the file, I called Mary Bellflower, who said, “So what did you think?”
    “I’m not sure. We know Gladys was injured. We have three inches of medical reports: X-ray results, treatment protocols, ultrasound, MRIs, X-rays. She might fake whiplash or a lower-back pain, but a cracked pelvis and two cracked ribs? Please.”
    “Brannigan didn’t say she wasn’t injured. He’s saying the injuries weren’t sustained in the accident. By the time Millard ran into Lisa Ray pulling out of the parking lot, she was already hurt. Brannigan didn’t say so flat out, but that’s his guess.”
    “What, like Millard beat the crap out of her or something like that?”
    “That’s what we need to find out.”
    “But her injuries were fresh, right? I mean, this wasn’t anything that’d happened weeks before.”
    “Right. It could have happened prior to their getting in the van. Maybe he was taking her to the emergency