Present Day
Today’sabigday.The culmination of stress and worry, of endless days and nights preparing and racking my brain for the meaning behind it all. In today’s hearing, we’ll hear from witnesses involved in one of the lawsuits related to the building collapse last year. Today’s just the tip of the iceberg.
Horatio has told me time and time again that the key goal of this preliminary hearing is to see if there is a reasonable basis to proceed to a full trial. It is not to reach a final determination of guilt or innocence. But it’s the first step towards moving past this mess, and as I walk into the courtroom this morning, the lawsuits suddenly seem much more real. If even one of these cases succeeds, I’ll lose my license—and with it my job, my firm, and my father’s legacy.
I sit front and center with Horatio and two other lawyers next to me, Kim and Anthony. They were hired by the firm when this all started, and Horatio and I have been working with them since. Kim is a goddamn pitbull and I’m happy she’s on my side. Anthony looks like an old, sweet uncle, but there is something in his eyes that tells me he has a strategy behind every smile.
And even though I have a million things to think about, I can feel their presence behind me—my partners somehow grounding me without a touch or a word.
Judge Rosita Jones takes her seat and settles in before addressing the room. “This is a preliminary hearing today involving the plaintiff, the Construction Justice Advocates, LLC and the defendant, Define Architectural Group. Attorney Victor Sanko, are you ready to start?”
Peeking to my right, past Horatio’s shoulder, I see the prosecution attorney, Victor Sanko, stand up and button his suit jacket. “Yes, Your Honor. Ladies and gentlemen, we are here today to present evidence in the case of Construction Justice Advocates, LLC v. Define Architectural Group involving the tragic building collapse and related damage to state and private property. The witnesses you’ll hear from today will prove that Define Architectural Group failed to abide by the state-mandated permitting process and is therefore responsible for the gross and vicarious negligence that led to this incident.
“First, we will demonstrate that Define had a professional duty to ensure that the ground was structurally feasible for the construction of the building in question. They were responsible for assessing the safety and structural integrity of the site before granting approval for construction. The evidence will reveal that Define Architectural Group failed in this duty.
“We will present expert testimony and documents that clearly indicate Define signed off on the project, indicating it was safe to proceed. However, we contend that their actions were grossly negligent, as they overlooked critical safety concerns and failed to conduct a thorough examination of the site.
“Furthermore, the consequences of this negligence were far-reaching. We will present evidence regarding the building collapse that resulted in injuries to numerous workers as well as significant property damage, including eight cars. The impact of this incident was devastating, and it could have been prevented had Define Architectural Group fulfilled its professional obligations.
“In conclusion, we will establish that there is probable cause to believe that Define Architectural Group was grossly and vicariously negligent in its professional responsibilities, leading to this tragic incident. We ask the court to find probable cause to continue with these charges against the named defendant, Cora Dalton, in her capacity as CEO of Define Architectural Group. Thank you.”
“Very well. The defense may proceed with their opening statement.”
Kim stands and addresses the judge. “Your Honor, we appreciate the opportunity to address the allegations against our client, Define Architectural Group. We acknowledge the seriousness of this incident, but we firmly believe that the evidence will show that our client is not responsible for the unfortunate events that occurred.
“First and foremost, Define takes its professional obligations seriously. Our client conducted a thorough evaluation of the site before approving the construction; they followed standard industry practices and consulted with experts in the field. The evidence will reveal that our client acted in good faith, believing that the ground was structurally feasible for the project.
“We will also present evidence that indicates other contributing factors to the building collapse, factors beyond the control and knowledge of our client. It is important to recognize that construction projects involve numerous parties and elements, and the responsibility should be shared accordingly. Define Architectural Group was not the sole entity involved in this project.
“In this preliminary hearing, our goal is to present evidence resulting in the dismissal of these allegations of gross and vicarious neglect against Define. They should not be held liable for an incident that was influenced by factors beyond their control.
“In conclusion, we will show that there is insufficient evidence to establish probable cause for charges against Define. We respectfully request the Court consider these facts when evaluating the case. Thank you.” Giving the judge a small nod, Kim turns on her heel and walks back to sit next to me.
“Thank you, Ms. Schneider. We will now proceed with the presentation of evidence. Will the prosecution please call its first witness?”
“The prosecution calls Cora Dalton to the stand,” Victor announces. We’ve prepared endlessly for this moment, but it doesn't stop the niggling panic that sends tendrils of electricity through my blood. But I stiffen my shaky legs, throw my shoulders back, and take the stand, swearing my oath.
“Ms. Dalton, you took over Define Architectural Group after your father, Paul Dalton, passed away two Decembers ago, is that correct?”
“Yes, that’s correct.”
“And you’re claiming Paul was the one who approved the plans for this condominium project.”
“After a collective decision between the senior staff, yes.”
“The soil reports indicate the ground was feasible to build, correct?”
“Yes, but—”
He cuts me off and grabs a piece of paper to show to the judge. “And the signatures from all the appropriate parties signed off. So tell me, Ms. Dalton, is Define Architectural Group not responsible for the actions or procedures of its employees?”
“Objection, Your Honor. The prosecution is leading the witness,” Kim pipes up.
“Overruled.”
“Fourteen workers were injured in the building collapse, Ms. Dalton. Eight vehicles were damaged.” He leans in closer to me to say directly to me but loudly enough for everyone to hear, “But don’t worry, later on each victim will tell us about their experience. I’m sure they would all love to hear how it’s not your company’s fault for their injuries.”
His jab meets its target right in my gut and guilt, once again, finds its home inside me.
