Wishful Thinking (a journey that will change lives forever) (29 page)

The coffee James Cahill had thrust into her hand in the hope of settling her nerves looked liked muck, and didn’t taste much better, and she quickly put it aside thinking that throwing up in court under cross examination wouldn’t endear her to anyone, let alone the judge! 

On the way out of the courtroom, she had stolen another look at the woman on Gardner’s team.  Seeing her up close, she couldn’t shake the feeling that she already knew the girl, that she’d seen her someone before.  But where?  Where would an elegant, sophisticated, and immaculately dressed professional – the kind of woman Louise would sorely love to be – cross paths with an ordinary, boring,
menial
office worker, like her? 

Then Louise recalled her visit to the Four Seasons hotel during Gemma’s hen night that time.  Could she have seen her there? Come across her while on a visit to those amazing palatial toilets to fix up her make-up maybe? It was certainly possible, she decided.  Then again, she couldn’t remember much about that night other than meeting Sam, and for once her memory loss wasn’t as a result of over-indulgence.  No, it was a result of pure unadulterated lust!  She relaxed slightly at the thought of Sam. He’d be back soon, and hopefully by the time she saw him, this would be all over and both the court case and Louise’s long-standing debt would be nothing but a distant memory.

All too soon, they were back in the courtroom and almost immediately O’Toole called Louise to take the stand.

Take the stand! God, it was so weird, hearing it in real-life like that! She swallowed hard as she got up, her hands and legs shaking like crazy as she approached the witness stand. The witness stand! Was any of this real, she wondered as she shakily sat down, or was she simply having another one of her daydreams?

But when Louise looked up and saw all those people sitting there and studying her every move, she knew this was all very, very real.  She offered up a silent prayer.
Please, please, don’t let me mess up and tay something stupid!

Well, at least O’Toole would be doing the questioning first, so that shouldn’t be too bad.  As she waited for the questions to begin, she tried her utmost not to look at Gardner or his team.  They were all still looking way too smug for her liking.  Anyway, if she looked directly at Gardner, she would probably go crimson with embarrassment, and then the judge would definitely think she was playing them.  She still didn’t feel she had the right to take this case in all honesty, and at that moment, if she had her way, she’d rather drop the whole thing and pay off her debts on her own.  Anything but having to sit here on show like this.

O’Toole spoke quietly: “Louise, the court has been made fully aware of the extent of your injuries by way of Dr Cunningham’s testimony, and also the report of the defendant’s physician, so we don’t wish to waste the court’s time by going over it all again.” He smiled in an effort to relax her but unfortunately it didn’t work and Louise still felt like a rabbit caught in headlights.  Which, incidentally, was exactly how she’d felt back then in that split second before Gardner had run her over.

“However, I would like to talk to you about how life has changed since your accident,” he went on, glancing at his notes as he spoke. “You were twenty-one years of age at the time, isn’t that right?”

Louise nodded.

“And isn’t it true to say your life has changed immeasurably since the accident and –”

“Objection!” Gardner’s senior counsel interjected. “The claimant has already put a measure on how much Ms Patterson’s life has changed with regard to damages claimed, otherwise we wouldn’t be here today.”

The judge nodded. “True.  Mr O’Toole, please try to use specifics rather than meaningless adverbs when trying to outline how much Ms Patterson’s life has changed.”

“Certainly, Your Honour.” O’Toole bowed his head softly and then turned to look at her again.  “Louise, I don’t wish to cause any undue embarrassment, but isn’t it true that for most of your life – throughout your teenage years right up to accident incidentally – you were a rather … stout young lady?”

Louise wanted to die.  What was he doing going on about her weight in front of everyone like this? What did
that
have to do with anything? 

“Louise?” O’Toole was waiting for her to answer. “Would you agree with that assessment?”

Louise bit her lip. “Um … yes, that’s right.”

“In fact, unlike most girls your age, you never had an image problem or anything of the sort, did you? You were a healthy young lady who liked her grub and was refreshingly unaffected by today’s image-obsessed society.”

Louise gulped. ‘Liked her
grub
?’ Where the hell was he going with this? For a split second she was almost tempted to ask, but then she remembered her solicitor’s instructions about simply answering yes or no.

So Louise just nodded softly, wishing he’d stop going on about weight and food and generally all things embarrassing. “Yes.”

“And of course, your stature suited your choice of sport and boosted your athletic abilities, didn’t it?” he went on, and finally Louise began to understand. “Ms Patterson is a former shot-put medallist – a sport that generally requires its participants to be of – robust stature,” he informed the court, in case they weren’t aware that heavy women could actually participate in any kind of sport.

Then he paused and seemed to regard Louise very carefully.

“Yet, look at you today, practically emaciated, that strong hearty constitution that characterised your youth now totally depleted, the healthy glow in your cheeks no longer apparent.”

If you say so, Louise thought, thinking she really should have applied more blusher this morning. 

“Mr O’Toole, where is this going?” The judge piped up, obviously frustrated.

“Your Honour, I’m merely trying to convey to the court how Ms Patterson has without a doubt suffered severe emotional stress and strain as a result of the accident,” he turned and indicated her, before adding, “as characterised by her dramatic weight loss.”

Louise’s eyes widened.  What?  She’d lost all the weight because she damn well wanted to, and it had nothing to do with accident – indeed, it had more to do with denying herself that well-loved grub he’d mentioned earlier!  What was he playing at?

“You’re lost quite a bit of weight over the past eighteen months, Ms Patterson. According to my notes, about three stone, is that right?”

Louise nodded softly, afraid to open her mouth for fear of what she might say.  She had been warned over and over again not to express any opinions, however much she might be tempted.  And right then Louise was sorely tempted. But in a way, she supposed she wasn’t telling any lies as such, she was simply confirming that, yes, she had lost that much weight.  Yet, she hated the way he was making it all sound – it just wasn’t right.

Having apparently made his point, O’Toole asked a few questions about her time in hospital, about the extra appointments with the physiotherapist, before returning to the subject of her ‘much-longed for’ career.

“You were a few years into your studies when Mr Gardner swiftly ended your hopes of completing them –” he began, before once again, Flanagan strenuously objected. 

“Mr O’Toole,” said the judge, “the defendant’s liability for the accident is not in question here, so please discontinue such leading statements, will you?”

The judge sounded annoyed now and Louise didn’t blame him.  O’Toole had gone through most of this in his opening statement, so there was nothing new.  She wished he’d ask about how the hospital bills had been exorbitantly high, and the additional treatment unexpected.  That was what the case was all about after all. 

“So Louise how did you feel about your dreams being shattered like that?”

“My dreams?”

“Yes, your dreams of reaching great achievements in your chosen sport, your hopes of teaching others to do the same and then realising after your accident, that this was no longer possible.  How did you feel?”

“Well, I was very disappointed naturally …” Louise was instinctively about to add something further – like ‘but these things happen’ or ‘but life goes on’, like she usually did when asked about it, but something in O’Toole’s expression stopped her.

“Devastated, even?”

“Mr O’Toole!” The judge was getting
very
irritated now.

“I’m sorry, Your Honour.  But I’m trying to convey how it deeply the tragedy affected Ms Patterson, and how it had such a bearing on her future.  Your Honour will note that Ms Patterson is claiming for loss of earnings as a result of a greatly diminished earnings capacity.  Not only has she been left debt-ridden as a result of Mr Gardner’s negligence, but also has little hope of overcoming those debts any time soon, due to her low-earning profession.  Once again – a situation she’s been forced into as a result of Mr Gardner’s carelessness.”

‘Forced into?’ Now he was making her sound like a prostitute!

He went on to outline Louise’s salary at ACS, how her back injury meant that she was unable to lift or carry heavy loads, how her periodical bouts of back pain resulted in frequent absences, and again the resultant loss of earnings, and subsequent difficulties in making her loan repayments.  In this regard, he referred to documentary evidence from the banks in relation to her loans.

That was just the beginning – they’d get some shock if they saw her credit-card bills! Louise thought silently.

Finally, having painted a reasonable picture of a girl who had suffered physically, emotionally and financially as a result of the accident – although she’d have preferred he left out the weight loss – O’Toole finally finished his questioning and returned to his seat.

“Mr Flanagan?” the judge urged.

Louise took a very deep breath as Gardner’s deceptively mild-mannered barrister approached.

“Based on the documentary evidence, I can’t argue with your counsel, Ms Patterson,” he said, surprising her.  “You are indeed servicing a great deal of debt.”

Louise couldn’t believe it.  By saying that, Gardner’s side was basically admitting that she had been stung the first time round – brilliant!

“But,” Flanagan went on and hearing his tone, her delight quickly vanished, “the suggestion that your lifestyle has suffered as a result of this accident is really quite extraordinary.” All of sudden, the barrister’s demeanour was that of an eagle just about to pounce on a defenceless little mouse. “Especially when the bulk of that debt stems from funding your – shall we say – rather extravagant lifestyle.”

Her
what
?

“Isn’t it true, Ms Patterson, that as well as a large term loan from your bank, you also have a generous overdraft, and a selection of credit cards from different financial institutions?”

“Yes,” Louise answered weakly, her heart plummeting.

“Considering you yourself work in a lending agency, wouldn’t you say that your current level of debt greatly outweighs the borrowings for your medical bills? That your lifestyle spending on clothes, shoes and ahem – copious socialising now makes up the bulk of this debt?”

“That’s not true!” Louise blurted, stung. “I have to use my cards because my wages can’t stretch to –”

“Can’t stretch to weekend breaks in sunny Spain? Lavish nights out in some of our fair city’s trendiest nightspots? Spending in designer boutiques, and let’s not forget –” he made an elaborate show of checking his notes, “an upcoming shopping weekend in New York?”

Louise reddened, hating how it all sounded and, worse, realising how bad it looked to the judge.  How did Flanagan
know
all this?

“Correct me if I’m wrong, Ms Patterson,” he went on relentlessly. “Have you been in Spain recently?”

“Yes, but –”

“Are you planning a trip to New York?”

“Yes, I –”

“Have you recently spent money in designer boutiques in the city centre here in Dublin?”

“Yes.” Louise’s answer was almost a whisper.

“Hardly typical or indeed appropriate for someone with a ‘greatly diminished earnings capacity’, Ms Patterson. Am I correct?”

She couldn’t answer.

“And correct me if I’m wrong, but aren’t you a current resident of the Marina Quarter? That much-talked about, brand new luxury development on the coast?”

“But it’s rented!” Louise argued weakly.  Oh, why had she done it? She’d known the rent was way over the odds, but Fiona had begged and begged and she couldn’t let her down and –

“I should certainly hope so,” Flanagan went on. “One certainly wouldn’t like to think that someone who was apparently left destitute as a result of a car accident could afford to buy into one of the finest developments in the city.”

“Objection!” Finally O’Toole spoke up. 

But why the hell had he waited so long? When
he
was speaking, Flanagan had been objecting left right and centre at nothing!

“Objection!” the barrister repeated.  “As I’m sure the court is aware, Dublin rents are some of the most exorbitant in Europe.  I might add that Ms Patterson could only find a job flexible enough to accommodate her injuries here in the capital. As a result, this is why she lives in Dublin.”

Even Louise knew this was feeble.  She certainly didn’t have to live all the way out on the coast – as it was, the apartment was now further away from the office.