Showing posts with label accident. Show all posts
Showing posts with label accident. Show all posts

Sunday, November 26, 2023

yes, I remember it well

When my mom died in 1991, she took the entire family history with her.

Every family has an unofficial family historian. You know, that one person you can go to and ask any question about any family member for whom you need a little bit of information or possible clarification. How are you related to this person? Who's child is this and when did they get married? Is that guy we call "uncle" really my uncle? For as long as I can remember, my mom was that person. She was the keeper of the Small family (her maiden name) history and she eventually served in the same capacity for the Pincus family when she married my father. (Curiously, there was no one in my father's family that could be relied upon to give an accurate account of family relations. My father's family all shared one common trait. They were habitual liars.)

My mom knew facts about generations that pre-dated her own 1923 birth. She could rattle off names, dates, locations, offspring, offspring's spouses and countless children — some of whom she never even met. Right off the top of her head, she could tell of long-forgotten incidents, including explicit detail, as though they had just taken place the day before. She could sift through a box of mismatched photographs — ones spanning numerous time frames as exhibited by an assortment of black & white and color examples — and identify the subjects, the location and the approximate date on which the photo was taken.

My mom was the youngest of five siblings — her oldest brother being eighteen years her senior. I recall my mom settling many an argument among her siblings. The phone in our house would ring regularly as a brother or a sister would call to confirm with my mom which one of their uncles owned a produce pushcart or which aunt was especially promiscuous. My mom always had the answer. "Call Doris! She'll know!" was a phase that was spoken frequently among the Small clan and eventually the lying Pincuses came to rely on my mother's encyclopedic knowledge.

In October 1991, after a long, up-and-down battle with cancer, my mom died and left her family in a state of confusion. Not only was she beloved among her immediate and extended family, but she one of the few family members (on both sides) that nobody had an issue with. She was always helpful and pleasant and funny. And when she died, family history began to rewrite itself. Surviving family members were left to piece together their vague, mostly inaccurate memories. This left the Smalls and Pincuses with a legacy that resembled a poorly-sewn patchwork quilt.

There is one story that I really wish my mom were here to set the record straight. It's a story that has become a "bone of contention" between by brother Max and I. Max, as is the way of most big brothers, is always right. This story has been discussed many times since my mother's passing and the way I remember it and the way Max remembers it couldn't be more different. It's as though it isn't even an account of the same incident. Personally, I am fuzzy on the exact time frame. I don't remember exactly how old I was when it happened. But I do know that the way Max tells it is not the way it happened. The way I remember it was....

My mother had purchased a cake for an upcoming birthday — maybe mine, maybe my brother's. I don't remember who would be the eventual recipient. The cake was in a bakery box on the second shelf down in our over-stuffed refrigerator. (I always remember our family's refrigerator being packed so tightly that items needed to be constantly rearranged in order to accommodate new purchases from the supermarket or even a plastic container of leftovers. How my mom managed to find space to fit a bakery box in that frigid Tetris game remains a mystery..... but, I digress....)

The box containing the cake had the string that secured the lid removed and it sat on the shelf with the lid just loosely protecting the pasty within. As was typical for the Pincus family, I sat with my mom and dad in our den, watching television — most likely a program of my father's choosing. My brother was not with us. He was upstairs in his room doing whatever it was that he did up there. At some point, he came downstairs and visited the kitchen, perhaps for a snack or a beverage or both. From the den — adjacent to the kitchen in our small Northeast Philadelphia house — we could hear the refrigerator door open followed by my brother clinking bottles and moving covered dishes in an effort to see what sort of after-dinner nibbles were available. Suddenly, we heard a noise — a sort of a bang! — followed by my brother angrily muttering "OH!"

My mom, my dad and I scrambled into the kitchen to find my brother standing in front of the refrigerator. The door was open. At his feet was the cake box. It was upside-down and its visible contents were smashed on the kitchen floor — a scattering of crumbs and icing in a small, misshapen arrangement on the linoleum. We all stood silently for a few moments staring at the unexpected scene that surrounded my brother's feet. Finally, my father spoke. 

"What the hell happened?" he bellowed, gesturing with his omnipresent cigarette towards the destroyed baked good strewn across the Pincus kitchen floor.

My brother, with not a lick of fear in his voice, plainly stated, "I dropped the cake."

My father was positively dumbfounded. Dumfounded! He jammed his cigarette into his mouth, knelt down and awkwardly gathered up the cake box in his hands. He frowned and spat, "How do you drop a cake?" He repeated this like a mantra several more times, until he forcefully shoved the unwieldy mess into my brother's hands and screamed — demanded! — "Show me how you drop a cake!"

The words sounded downright stupid coming out of my father's mouth. It was one of those things where your anger is so out of control and over-the top, that your mind can't form coherent sentences to express the serious tone of the situation. My mom and I stifled our laughter knowing it would have made my mad father even madder. My always-defiant brother, however, just rolled his eyes as he accepted the dented cardboard box from my father. He placed it on the kitchen table. Of course, he wasn't about to demonstrate the procedure of dropping a cake for my father. This was a one-time performance. Max just stood by quietly and waited for my father's tirade to wind down. Finally, my father let out an annoyed exhale, lit another cigarette and retired to the den, shaking his head muttering about dropping a cake.

My brother returned to his room with a couple of slices of cheese from the refrigerator.

And that's the story. For years — years! — the phrase "Show me how you drop a cake!" — was repeated in the Pincus household for comedic effect. My son, whose birth came decades after the notorious "cake-dropping" incident, has made use of the phrase from time to time. It's a funny story with all the elements you'd expect in a funny story — a silly accident, an over-reaction from my father, my brother standing his ground and my mom and I hiding our amusement.

My brother, however, remembers the event completely different — right down to the action taking place on the sidewalk in front of our house instead of in the kitchen. Because of this, the story is never ever told in my brother's company.

He may have to start a blog of his own.

Sunday, May 17, 2015

let's go trippin'

Oh what a fucking ordeal this turned out to be. (Wait a second. That sounds familiar. Didn't I just start a post like that? Are all subsequent blog posts gonna start like that? Well, only if they turn out to be a fucking ordeal... like this one.)

It began way back in 2009. That's right – this tale is six years in the making, However, I didn't become aware of it until a year later. But wait – I'm getting ahead of myself.

In 2010, I received a letter from an attorney informing me that this was my final warning. As far as I was concerned, it was also my first warning, as I had not received any previous correspondence from this particular lawyer. I quickly skimmed the letter and my attention was grabbed by such legal-jargon words as "negligence," "fault," and a few more fearsome-sounding Latin ones. Although the return address was in Philadelphia, I was not familiar with the particular law practice. The letter, upon closer scrutiny, recapped an incident that (allegedly) occurred on my property the previous winter. A seasonal employee of the United Parcel Service was (allegedly) attempting to make a delivery to my home. Because of the nature of my wife's business, she receives assorted sized packages of merchandise at our home on a regular basis. (Before you jump to a conclusion of an illegal operation, Mrs. P operates an eBay store and sells a variety of legitimate merchandise.) The UPS employee, who I'll call Miss Menteuse, was carrying a stack of boxes and (allegedly) tripped on my driveway. The letter went on to brandish the words "damages," "restitution" and several others that could all be punctuated by the greedy "cha-CHING" of a nuisance lawsuit.

I immediately called my insurance company. I explained about the letter to my agent's assistant*. She listened attentively, taking down details, asking a few questions including for a copy of the letter. I followed that call with one to my local police department. I asked if any reports of an accident had been filed about my address in the past year. Police records were checked and my answer was negative. So, I figured I'd just let my insurance company handle it. After all, that's what I pay insurance for, right?

So that was that. Wrong!

A little over a year later, I was contacted by mail by a new lawyer. This one was contracted by my insurance company to represent me. The letter explained that I would most likely have little or nothing to do regarding a pending lawsuit and that everything would be handled between my insurance company and their office. This letter was just informational. So, I filed it under a stack of papers on my nightstand and forgot about it.

Until I received the next letter, many, many months later. This one requested (demanded?) an appearance by my wife and me at a deposition. Mrs. P and I were to be questioned informally, but on the record, about the (alleged) incident. Furious, I arranged for a day off from work. My wife and I trekked out to a corporate campus in the western Philadelphia suburbs to "our" attorney's office. Here we got to meet the (allegedly) injured Miss Menteuse for the first time, nearly three years after her (alleged) "episode on our driveway. We also had the pleasure of meeting her legal representative – a shifty, slimy, hairy-knuckled shyster in an expensive-looking pin-striped suit. He looked like an extra in a B-movie Godfather rip-off and spoke like those slick ambulance-chasers you see on afternoon TV between The Price is Right and Judge Judy. A court reporter sat poised to document every word and the questions began. 

Miss Menteuse's attorney produced a wrinkled legal pad from his weather-beaten briefcase and kicked things off by calling me "Mr. Menteuse." 

I corrected him. "Pincus," I said.

"Huh?," he replied, as though he had never heard either name before. Realizing his error, he over-apologized and explained that, of course, his client's name was "Menteuse" and it was an honest mistake. 

Caution! May cause
irreparable damage!
And that's pretty much how it went. This distracted, fourth-rate Clarence Darrow hammered me with elaborately-phrased scenarios that evoked both confusion and impatience from me, my wife and my attorney. He often prefaced a question with "Now, I'm not trying to trick you.," accompanied by a leering, toothy grin. Each time, it was quite obvious that he was trying to trick me. Eventually, Miss Menteuse recounted, to the best of her apparently-rehearsed recollection, the events of December 2009. She told how the boxes she was carrying were piled way past her eyes, blocking her line of vision. She explained that she, indeed, walked all the way up to my front porch and decided not to scale the two steps, instead opting to seek alternate access to my front door. She then walked backwards to the sidewalk, and admittedly, without checking the path in front of her, crossed my narrow driveway and fell. As she rubbed her (alleged) injured ankle, she looked around and surmised that she had caught the heel of her work boot in a small, uneven piece of paving – a small, time-eroded imperfection that had been in that condition for the twenty-five years I have owned my house. Then, Miss Menteuse launched into a sob story, touching on (alleged) unemployment, being a single parent (allegedly), (alleged) constant pain and the (alleged) impaired ability to function properly as a productive member of the human race. All delivered with the gut-wrenching emotion of Meryl Streep in Sophie's Choice. However, there was nothing wrong with her that an award of fifty thousand dollars wouldn't cure.

Several tedious hours later, we were dismissed from the proceedings. Our attorney confidently speculated that this whole matter would come to some kind of settlement before it would reach an actual court date. My wife, whose greatest concern was that we would be in jeopardy of losing our house, was assured that was an impossibility. This was more of a thorn in our insurance company's side. Relieved, we thanked him and headed home.

But it was far from over.

Another year has passed when we received a letter, once more, requesting our presence at a non-binding arbitration. I called our attorney for a translation of the "legalese" of the letter, of which his office was copied. He broke it down in layman's language. A panel of three impartial attorneys would hear both sides of the case and make a decision of either dismissal or a monetary award. The decision, however, could be appealed, in which case, another settlement could be attempted or it would go to trial. A case of this nature, according to our attorney's experience and speculation, would be dismissed by any sane judge.

We soon found ourselves in the sterile, corporate surroundings of municipal building in the county seat. Three gentlemen in dark suits introduced themselves as the arbitration committee and informed all parties that they were ready to proceed. The entire deposition was reenacted for the benefit of the committee, with Miss Menteuse's attorney, once again, showing off everything he learned from Perry Mason reruns. Miss Menteuse offered her testimony first, tinging her answers with sorrow. In addition to her belabored account of the (alleged) incident, she told an irrelevant anecdote about a family vacation to Niagara Falls that seemed to baffle all present. When it was my turn in the hot seat, I repeated my statements from a year ago nearly verbatim (it was the truth), as Mrs. P sat behind me with the most forlorn look on her face. And once again, we were dismissed.

Another year's passing brings us up to the present. It turns out that the three-person panel fell for Miss Menteuse's tale of woe and deemed me an uncaring slumlord who had neglected the upkeep of his property for twenty-five years until it fell into an unsafe state of disrepair. They felt that the sum of thirty-two thousand dollars would make everything all better. Miss Menteuse's attorney felt otherwise and filed an appeal one day after the committee's findings were tendered. It seems either he or his client were not satisfied with the amount of the reward. So, after many months, another arbitration was agreed upon. This one will (allegedly) be it – final! binding! winner take all!

Once again, we were to meet on neutral grounds – this time, an attorney's office in downtown Philadelphia. Mrs. P and I arrived at 8:30 in the morning – forty minutes early for our appointment – only to be informed that the schedule was changed and the session would take place in the afternoon. We left and I returned alone, after being told that Mrs. P would not need to be present. For the third or fourth time (I lost count), the story was told. The boxes, the neglect of my property, Miss Menteuse's carelessness, my disregard for human life, her pitiful, struggle-filled existence – all the drama and pathos for a brand new, singular audience. Miss Menteuse's weaselly little legal representative was blatantly disinterested. He never put down his cellphone, he shuffled through an unorganized stack of papers, he tripped over words and couldn't recall dates or events. He told everyone that over the course of the last year, Miss Menteuse had lost an adult daughter in a fire (it was irrelevant to the case and was only used as a sympathy ploy), then went on to compare her pain from the fall to that suffered by someone who had been in a fire. His closing statement rambled on and on, still trying to get me to admit that my driveway is a deathtrap. Finally, the proceedings ended and, after some deliberation, the solo arbitrator would give his decision withing the week.

I received an email from my attorney. It was a summation that read like the recap of a long round of Deal or No Deal:
In today’s mail I received the arbitrator’s written opinion. He found the plaintiff 49% negligent and you 51% negligent for this incident. He determined that her damages were worth $26,000. However. based upon the reduction for her 49% the net award to the plaintiff is $13,260.
She and her lawyer essentially fucked her out of thirteen thousand bucks.

So, after six grueling years of paperwork and (alleged) doctor visits and depositions and arbitration, Miss Menteuse will end up with (after her slime ball attorney takes his cut) approximately $8000. I hope she's happy. Now that this is all over, I know I am. 

Allegedly.



*In over thirty years, I think I actually met my insurance agent only once.