And, right then, I knew I had to push on. I had to be strong.
This thing wasn’t over—not by a long shot.
26
Four weeks later, Judge Patrick Dowling peered over the top of his spectacles and considered the two solicitors currently taking up space in his courtroom.
“All right, what’s next?” he bellowed to his clerk and Declan gulped.
He had no idea how today was going to go down, but he hoped against hope that the High Court judge was in a good mood. Today was the first major hurdle in Kate’s case and, given everything that was happening to her right now, he was determined that it would herald some good news for a change.
“A Motion to Dismiss in the matter of O’Hara v. Cooper, and same in the counterclaim of Cooper v. O’Hara,” answered the clerk blandly.
The judge riffled through the two motions that sat in front of him and read through the details of the original claim and the reasons behind the requests for dismissal.
“Approach the bench,” he ordered without looking up. “In the matter of O’Hara v. Cooper, what is your reason for requesting dismissal?” He turned his attention to Matt Townsend, and Declan noticed him flicking his eyes ever so quickly to where the defendants’ solicitor sat.
“My client requests dismissal because this case is frivolous and unfounded,” answered Townsend in an even voice. “It cannot be proven that the defendants’ daughter is the reason that the plaintiff’s child became sick. And my client can hardly be held responsible for what the plaintiff has experienced since this unfortunate situation happened.”
Dowling snorted as if he had found something funny. “Interesting point, especially considering your client has decided to file a counterclaim against the plaintiff listing the very same elements.” He looked again at the man sitting at the defendants’ table and was pleased to see his face flush.
At this, Declan felt himself exhale a little. Seemed like the judge wasn’t all that enamored of the Coopers’ pleas.
Townsend opened his mouth to speak and offer a defense of the counterclaim but Dowling had moved on. He clearly believed his observation did not require a response.
“Mr. Roe,” the judge addressed Declan then. “You’re the plaintiff’s solicitor?”
“I am, Judge. And I would request that the original claim proceed, unless the defendants would prefer to settle. We would also request for the counterclaim to be dismissed and the duty of care prima facie to be upheld.”
“Where is your client today?”
“With all due respect, I didn’t believe it was necessary for Ms. O’Hara to be present in court today. She is a single parent and has opted to stay with her daughter, who remains seriously ill in the hospital.” Declan kept a neutral expression on his face, even as he heard Tom Cooper shift in his seat nearby.
“How long has she been in the hospital, Counselor?” inquired the judge.
“Judge, what does that have to do with today’s motion?” interrupted Townsend.
Judge Dowling turned a frosty glare toward the defense table. “I believe I am the one who asks questions in my courtroom, Mr. Townsend. I’ll remind you to speak when you are spoken to.”
There was more rustling from where his client sat. Tom Cooper clearly was not pleased.
“Mr. Roe?” pressed the judge.
“A little over eight weeks,” Declan replied.
“I see. And according to the claims bill, your client is currently on parental leave?”
“Yes, Judge. She has used all paid time off that was available to her, but is now on unpaid leave. Because her daughter has suffered considerable complications directly resulting from the measles virus, it’s unlikely that my client will be able to return to work at the end of the allotted eighteen weeks. Furthermore, my client’s daughter requires special-needs rehabilitative care. In the meantime, my client’s out-of-pocket expenses directly relating to her condition have been extensive, especially while also dealing with loss of income.”
Judge Dowling considered this information. “And why was this child not vaccinated against the disease, Mr. Roe?”
Declan recounted the medical reasons why Rosie could not be vaccinated. The judge then turned his attention to the defense.
“Same question for you, Mr. Townsend.”
Matt Townsend cleared his throat and locked eyes with the judge. “My clients have chosen not to vaccinate their children for personal reasons.” He didn’t elaborate, which caused the judge to raise his eyebrows.
“I’m waiting to hear these personal reasons, Counselor.”
