It had been several weeks since my client, Ron Morgan, and I had traveled to his plastic surgeon in Miami. Reluctant as I was but with Ron’s insistence that I sue Sam Vest for rupturing his tricep implant, I went ahead and filed the lawsuit.
My trial docket had bunched up, and I was meeting myself coming about the time of this filing. As I was going up the elevator in the courthouse to ague at an evidence hearing on a different case, I received a call on my cell from Ron, which not only shocked me but gave me reason for pause:
“Glen, this is Ron. If we don’t win the suit against Sam, can we sue the doctor?”
“What do you mean? Why would we sue the doctor?” I asked.
“Well, if Sam didn’t cause this, maybe the doctor just didn’t do a good job.”
I was stunned. I had that “oh-oh” feeling in the pit of my stomach. Ron, whether he realized it or not, was now indicating to me that he really didn’t know the source of his injury. My hearing was about to start, but I quickly called my office to stop the filing of the lawsuit against Sam Vest, only to learn that, not only had my efficient staff filed the suit, but that Sam had already been served. The game was on. There was no retracting it now.