Keep What You've Heard

By Byron Gautier

Ambitious and driven FBI Special Agent Sidney Crawford has earned a few well-deserved days off, and has plans to spend them with his uncle and mentor. Nicole Hilliard, a successful insurance claims adjuster, has been assigned to investigate a wrongful death claim on behalf of a multinational corporation. The two strangers find themselves exploring different sides of the same incident, and must work together, not only to solve a case that impacts so many people, but also to survive against those who do not welcome their involvement. Keep What You've Heard explores how integrating valuable life lessons into your work ethic can provide a foundation for greatness.

• Language: English
• Publisher: Lulu.com
• Release date: Nov 26, 2013
• ISBN: 9781304661531

Book preview

Keep What You've Heard

Keep What You’ve Heard

By

Byron D. Gautier

This book is dedicated to my wife, Yolanda, for her love and support while on this journey.

To my daughter, Bryanna, for her commitment to excellence.

And to my son, Evan, for his never ending creativity.

MATE MASIE

what I hear, I keep

This is a work of fiction. Names, characters, businesses, places, events and incidents are either the products of the author’s imagination or used in a fictitious manner. Any resemblance to actual persons, living or dead, or actual events is purely coincidental.

Chapter One

It seemed like pure torture, but the lawsuit Nicole Hilliard had been working on had finally made its way into a courtroom.  It had been eighteen months since the actual incident.  Lawsuits were more like a marathon, than a sprint.  After two mediations, several postponements, and a plethora of witness testimonies, the Plaintiff’s attorney had finally rested his case.  Nicole, Senior Claims Representative for SC&G Insurance Company, was there on behalf of the Insured client, Babcock Industries, and even though case history was on the side of her Insured Defendant, the jury could still have sympathy for the Plaintiff and deliver their case a huge blow.  It started out as a simple personal injury claim.  The claimant was a six year old girl.  A freak accident with an automated door had caused permanent nerve damage to the little girl’s hand and arm.  The Insured, a large retail outlet, had never had any issues with the door, and had no cause to warn customers of any impending danger.  The case law fell in favor of the Defendants, but there was cause for concern.  Nicole knew it would be hard for a jury to say no to a cute little girl.  The girl’s mother had hired a shark as an attorney.  At every opportunity he reminded the jurors of the pain and suffering the little girl endured at the hands of the cold-hearted corporation.  The two sides never came close in either mediation to settling the claim, so Nicole and her client had decided to roll the dice and go to trial.  The attorneys Nicole hired were good, but they were going to need a miracle to get a favorable ruling in the lawsuit. 

As the defense team called their first witness, Nicole couldn’t help but stare at another member of the audience.  She looked so familiar to Nicole.  Claims adjusters were not allowed to sit with the attorneys during a trial.  Although some adjusters took issue with this point of order, Nicole had no problems with staying out of the hot seat.  She tried to blend in with the other spectators,  and do her best to look interested during the proceedings. 

Now where do I know her from?  Nicole continued to wonder.  She had been to Dallas for several trials.  Nicole could have seen her before in the courtroom.  The woman wasn’t an employee of the Court. That fact seemed pretty obvious.    Nicole didn’t think the woman was a member of the Plaintiff’s family.  She had never been to any of the previous proceedings.  It was bothering Nicole that she could not recall where she had seen her before.  It’ll probably hit me at three in the morning. Nicole thought.

Before the defense was allowed to present its case, the Judge called for a lunch break.  Cool, I need the break.  Nicole thought.  Settling a claim had its highs and lows, but for an adjuster, once the case goes to trial, everything was put into the hands of the lawyers to argue the merits of the case.  To Nicole it was like watching paint dry.  But there was nothing she could do but watch and hope for the best outcome.  That and keep her butt from getting numb.  She really needed a break. 

The attorneys took Nicole to a nice Italian restaurant not too far from the courthouse.  They always treated her to a nice place to eat, and she was sure her company would eventually get the bill. Indulging herself with a wonderfully prepared Eggplant Parmesan was just one of the perks of her job. 

How do you think it’s going so far Larry?  Nicole asked.  The lawyers looked a little tense, but Nicole needed to confirm their angst. 

It’s not looking good. said Larry Sylvester, the lead attorney on the case.  As you know we have the rule of law on our side, but the jury doesn’t seem sold. 

Co-counsel Steven White chimed in, Yeah, juror number three seems to tense up when you speak, Larry.  It’s like you’re the devil and it’s her job to protect that innocent little girl.  

I want to know, where was the child’s mother, when all of this was going down? Nicole said angrily.  It really upset her when a parent shirked their responsibility and then wanted someone else to pay for their misfortune. 

Larry responded I don’t know where she was then, but I’m sure that lawyer was somewhere nearby.  The Plaintiff’s attorney was sharp.  He seemed to anticipate every move.  He appeared to be one step ahead of them during the trial. 

Have you ever had a case against him before? Nicole asked. 

No Larry responded.  I think he’s from west Texas somewhere.  I don’t know how they ended up with him. 

That fact seemed to resonate with Nicole.  The little girl’s family didn’t seem that well off, and there were plenty of quality attorneys in the Dallas area.  Well she picked a good one.  Nicole said.  Maybe I should have hired him instead of you guys.  

They all laughed.  McCormack and Langley was one of the best firms around.  Nicole felt lucky to get them for this case.

Larry tried his best to reassure her.  We still have our case to present.  Don’t lose hope yet. 

Watch and hope.  Nicole sure hoped that the paint would dry soon.  Please excuse me.  I need to report in.  I hope my boss is in a good mood.  Like gentlemen, they both stood up as she exited the table.  Nicole wondered if they were watching her as she walked away.  She took a casual look back and … Yep, I still got it goin’ on.  Nicole said to herself with a sly smile.  

After lunch the group made its way back to the courthouse.  The one thing Nicole hated about the law banning smoking in public buildings was that all the smokers congregated right outside of the building entrance.   They should really do something about this. Nicole said as she coughed after trying to hold her breath.  She ended up having to walk through a cloud of smoke just to get inside the courthouse.  She really didn’t plan on having to get her Ann Taylor suit dry cleaned just yet, but she was sure that it now smelled like cigarettes.  Just as they were headed back into the courthouse Nicole spied her unknown acquaintance.  They exchanged pleasantries.  Nicole figured the woman was reading the expression on her face because she said to her, I hate those smokers too.  They really mess with my asthma.  And then she took out her inhaler and took a puff.  That’s it!  The inhaler!  Nicole knew she had seen her before.  Where was it…? Lubbock!  Of course!  The woman was at a trial there as well.  What was it…? Was it an injury case, like this?  That couldn’t be it.  Could it?  Nicole needed to be sure. 

Larry, Steve, you guys go ahead.  There’s something I need to check out.  I’ll see you inside.  Nicole hastily excused herself.  She needed to call the office, quick.

Yes Shirley, the case was about seven years ago in Lubbock.  I believe it involved a child injury.  If you can search for the file, I just need a summary of the proceedings for now.  I didn’t have that many cases that went to trial that year, so it shouldn’t be that difficult.  Call me back on my cell.  Thanks Shirley.  Nicole hoped finding that file wouldn’t prove to be too difficult.  Without a file number, it could be a challenge.  Even though their company was bought out a few years ago by SC&G, the old files were still around.  A few years ago Shirley would have had to look through file cabinets to find the actual two-hole punched, paper file.  Thankfully, the company upgraded its computer technology, and now everything is scanned and stored electronically.  It had been a challenge adjusting to the new system.  Trying to fax a document sometimes would take more time than just hand delivering it. 

Just then, the familiar vibration of Nicole’s cell phone was heard coming from her purse.  This is Nicole.  You found it?  Wow that was quick!  Okay, give me a synopsis of the case.  Apparently, the filing system had a Google-like search query.  Within minutes she was able to scan all files that included the words Nicole, child and Lubbock.  However, it did take a few minutes to coach Shirley on how to get to the heart of the case.  She had Shirley email her the file so that she could review it later that evening.  It’s hard to find something when you’re not sure what you’re looking for.  And that case was almost exactly like this case.  It was too much of a coincidence.  But what did the inhaler lady have to do with the case?  Nicole needed to review the details.  She was kicking herself for not recognizing the similarities sooner.  Nicole needed to make sure that the trial did not end today in order to further investigate the similarities.

Fortunately for Nicole, stalling was in every lawyer’s playbook.  This was mainly because the longer the trial dragged out, the more billable hours the attorney was allowed to charge.  After the Judge brought an end to the day’s proceedings, Nicole graciously passed on the attorneys’ dinner invitation.  Although she loved Mamma-deaux’s, she really needed to examine the Lubbock file closely.   The attorneys gave Nicole a ride back to her hotel.  Once back in her room she quickly logged on to her laptop to retrieve Shirley’s email.

Nicole went to her My Music folder and clicked on a play list entitled Jazz.  With Norman Brown playing in the background she began reading through the Lubbock case.  Both of the cases involved the malfunction of an automatic door.  The businesses were both retail, but that was typical for the utilization of such doors.  In each case the door malfunctioned and caused an injury.  However in Lubbock, an adult woman was the injured claimant.  She reviewed the photos of the injured woman, and it wasn’t the inhaler lady.  Nicole had been able to inconspicuously take a picture of her person of interest with the camera on her cell phone as participants and spectators filed out of the courtroom.  Taking into account someone aging seven years, that claimant definitely wasn’t the inhaler lady.  Nicole and her legal team lost the case in Lubbock, but the settlement was well within the reserves that she had set aside.  That was before her firm was bought by SC &G. 

This time, with a child as the Plaintiff, the settlement could get real expensive.  Not only would they have to pay for all of the medicals bills, but SC&G would be held liable for any related pain and suffering.  Because the diagnosis stated the injury consisted of permanent nerve damage, they could potentially have to pay the child for any future limitations the injury had caused.  What if this was a set up?  Nicole wondered aloud.  It wouldn’t be the first time someone tried to submit a fraudulent claim.  It worked the first time, but with a child as the claimant, the jury award could reach seven figures.  But how?  There was a brief silence as one song ended, and the next song began to blend in. A million thoughts were running through Nicole’s brain.  What if the doors were tampered with?  When the technician’s inspected the doors they didn’t find anything that looked like foul play.  It would have to had been a professional in order to accomplish that feat.   The only person with access to the operations of the doors would be a technician.  But neither store had recently had their door serviced.  What about an employee?  That could be it!  The inhaler lady had to be the key.  Could she have orchestrated the scenario?  There was no way to prove her wild theory.  A saxophone blared in the background.   Think Nicole, think!

If Nicole could connect the inhaler lady to both stores, that would be enough to cast a reasonable doubt on the Plaintiff’s case. If she was an employee, that would put the inhaler lady in a position to tamper with the doors and cause the injury.  That was as good of a story that Nicole could think of.  Now she had to try and prove it.  It was only 7:00 pm.  Both stores should still be open.  It had been seven years since the Lubbock case concluded.  There was a possibility with turnover, that none of the current employees were even around seven years ago.  A thought stopped Nicole dead in her tracks.  That store could be closed!  Nicole toggled over to the internet connection and searched for the contact information for the store in Lubbock.  She had to see what she could find out.  

Nicole planned to email the photo of the inhaler lady to the manager of the store involving the little girl.  The store manager in Lubbock wasn’t in that day.  She was able to speak with the assistant manager.  Both he and the manager had only been with the company less than a year.  There were a few employees that had been working there during the time of the accident.  Nicole emailed the picture and asked the assistant manager if he could show the picture to all the employees and see if the woman in the picture looked familiar.  No one recognized her.  There were a few people that worked the early shift and he promised to speak with them and get back to Nicole the next morning. 

Luckily the manager of the Richardson store, the site of the current claim, was there.  He had been very helpful in Nicole’s investigation.  He didn’t recognize Nicole’s person of interest, but he agreed to show the photo to the rest of the employees as well.  Even though it wasn’t looking too good, Nicole still felt her time spent was worth the effort.  It was better than watching paint dry. 

Ooh Nicole said as she felt a hunger pain.  She had gotten so wrapped up in the case that she hadn’t thought about food.  She was a little light-headed as she stood up.  She knew she needed to get something to eat.  She quickly changed into a wind suit and tied her sneakers before heading out of the door.  The great thing about staying near downtown was that the commute to the courthouse was next to nothing.  The bad thing was that downtown shut down early.  The concierge recommended a decent place that was within walking distance from the hotel.  He offered the services of the hotel shuttle, but Nicole decided she should stretch her legs and walk.  She figured she could grab a salad and be back before it got dark. 

Except for college, Nicole had lived in Houston her entire life.  She probably spent more time in downtown Dallas, than in downtown Houston.  Houston had its own charm, but she really liked the area of Dallas she was visiting.  The architecture seemed much more orchestrated than the random collection of tall buildings in Houston.  As Nicole made her way to the restaurant, she noticed that all of the retail shops were closed.  But that was typical of most downtown areas in major cities.  Most people vacated downtown as quickly as possible and headed for the suburbs.  Nicole really wanted to do a little looking around that evening. Shopping seemed to help her forget about things, if only for a little while.  She wondered how it would be to live downtown.  Practically living in such close proximity to others really didn’t appeal to Nicole.  Who would spend $250,000 for an apartment?  She thought.  She also didn’t think it would be an ideal place to raise kids.  Nicole pondered her current relationship and wondered if it was anywhere near the type of relationship that would end in marriage and lead to kids.   She quickly put that thought out of her mind.  It wasn’t a subject she wanted to dwell on at the moment. 

Maybe there are a few shops open around the corner?  Nicole thought.  They were also closed.  She arrived at her destination and was relieved that there wasn’t a huge crowd.  She was able to get in and out and headed back to the hotel in fifteen minutes.  Luckily, it didn’t take long to throw together a grilled chicken Caesar salad.  The buzzing of Nicole’s Blackberry interrupted her thoughts.  She checked the caller ID and the name Anthony Turner appeared.  I guess I haven’t checked in with him today.   Nicole said aloud.  She really didn’t feel like talking to him at that instance.  Not that Anthony wasn’t a nice guy.   Nicole thought he really was a good person, but he would definitely be a distraction for Nicole at the moment.  Anthony and Nicole had been seeing each other for a few months.  He was an IT manager with a communications company.  She characterized him as a real steady guy with a good head on his shoulders.  However, his calls had a tendency to be a little boring.  Boring may not be the proper description.  Predictable maybe?  She wasn’t sure.  Looking at her watch, Nicole did know that she really didn’t feel like carrying on a conversation.  Another buzz signaled that a voicemail message had been left.  She would listen to his message when she got back to the hotel.  She thought about grabbing a quick workout before she turned in for the night.  Hmmm, maybe not.  She thought.  The walk back to the hotel would have to do.  She decided to pick up the pace a little in order to burn a few extra calories.  Just as Nicole turned the corner to head back to the hotel, she spied someone entering the boutique that she wanted to visit.  She was sure that the store was closed.  Who could be going in there after hours?

She crossed the street and slowed her pace in order to get a closer look into the store.  As she approached the boutique she heard a whirring noise.  Suddenly the door burst open startling Nicole.  A half-filled garbage bag came flying out the door and landed near Nicole’s feet.  I’m sorry ma’am!  A young man stated apologetically.  Are you ok? 

I’m fine.  Actually, I’m great!  Nicole said with big smile on her face.  The cleaning crew, of course! She thought to herself as she quickly made her way back to her hotel.

Chapter Two

The only light emanating from the upstairs room was the blue hue from Sidney’s laptop.  Although he and his partner were able to solve this case, there was still a lot of paperwork that needed to be completed.  Sidney was never one to put things off.  Even though there were departmental expectations, he had his own expectations.  In order to survive in the white man’s world, it’s not good enough to just to be smart.  You have to work twice as hard to get to the top.  These were the words that his Uncle David used to preach to him as a little boy.  You do what you have to do.  You may not always like it, but if it doesn’t kill you, it will make you stronger.   It was this work ethic that had positioned him as a rising star in the Federal Bureau of Investigations.  The clicking of the keyboard was a long way from the clicking of the metal parts of his rifle that he used to assemble as a private in the US Army. 

Sidney did not take the conventional route to the Bureau.  After graduating high school, the bright young man full of potential headed off to college.  During his sophomore year catastrophe struck as he lost his mother.  Sidney never knew his father.  As far as he could remember, it was always him and his mom, and his Uncle David.  His mother was his best friend, and when she died of a stroke, it was more than Sidney could handle.  He slipped into a depression, mourning