Following the infamous meeting in the Commonwealth
Attorney’s office and our meetings with the apathetic attorneys, I turned my
attention again to finding an attorney. I told our son, then living in
Baltimore, about our problems and my determination to get legal help. He said
he had heard of a very good Maryland lawyer named Richard Gershberg. Perhaps he
might be the person we were looking for; or he could steer us in the right
direction. I phoned his office and made arrangements to come to Baltimore on Monday,
February 10, 2003.
Mr. Gershberg lived up to his advance billing. He listened
politely as I went over our situation, the case as I saw it, and the problems
we had had in finding a lawyer in Virginia. He said premises liability was not
his specialty, but he was willing to take the case. He then said, “Are you sure
you want me? I have been told I have the look.” For a moment I was not sure
what he meant. Then I realized it was the fact that he was Jewish. My response
was, “I am not looking for spiritual guidance, I am looking for a good lawyer.”
I should have added, “you appear to fill that requirement.”
At last, it appeared we had our attorney. Janice and I would
not be parties to the lawsuit. The suit would be filed on behalf of our
granddaughter, Rebecca, by the trustees of Angie’s estate, her parents. We
subsequently made plans for me to drive Rick Gershberg to the Dales home
outside Grundy. That trip took place in April 2003. There, the arrangement was
sealed. All parties got along well. Rick Gershberg was honest and
straightforward about our chances—an uphill battle. But, it was a battle we all
wanted to wage.
Rick Gershberg joined forces with the attorneys for the
three wounded students: Emmitt Yeary of Abingdon, Virginia and E. Brent Byson
of Las Vegas, Nevada, and on January 15, 2004 filed a $22.8 million civil law
suit in the Wise County Circuit Court against The Appalachian School of Law,
law school President Lucius Ellsworth, and Professor Dale Rubin. (To be
continued)
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