Circumnavigation - Chapter 12

[wildone]

Chapter 12 is up now!!!

 

Off to read

[rknapp]

Hm interesting.

 

I'm very curious to see what will happen with Dirk's current plan. Will he succeed in getting the information from her? Or, will Lisa's father figure things out for himself? If so, who will he help? Assuming he helps anyone at all.

 

I get the feeling that the next few chapters (at least, the ones concerning the Med) will be quite pivotal in setting the stage for the rest of the story, with the approaching navigation of the Suez Canal.

[hh5]

Ok i skimmed around but I still have to read this

 

Sure glad Dirk is getting dirt but he's worst than his son

he's going about things as an antagoist

 

he's not even working with lawyer or lover

when is dirk going to crack if he's being invesitgated

they are going to check his once a week rondevous

 

hey cjames - you for got to have joel and trev hug each other

a long hug - because it very danherous to travel at sea

but i will re-read

[Linxe Termoil]

I bet Lisa runs off and joins Trevor and Joel before she even gets to court; besides, lawsuits take forever to get filed and, there's no real cause of action. CJ was right when he did his research and the lawyer (Jim) within the chapter stated that using Infliction of Emotional Distress by withholding information as to Trevor's whereabouts would be tricky at best. I'm surprised he's not suing the police department for not doing their jobs and locating his son. That's negligence right there, and it could very well be placing a minor child at risk with them failing to do their jobs. Of course, it's out of their jurisdiction now, what with the boys having crossed international lines. I'm wondering when the CIA and Dep. of Homeland Security and FBI are going to get involved. Hrm....

 

Possible reasons that Dirk's wife tried to make it look like she was dead:

 

Tax Fraud/Evasion

 

Fake her death for the collection on the insurance policy. (Don't insurance companies need bodies?)

 

Possible mafia ties.

 

Witness Protection Program (perhaps they were witnesses to brutal mafia murders)

 

Uhm... Mom kidnapped Trevor, so he's not biologically theirs.

 

The reasons are so vast.

 

So. Elements for Intentional Emotional Distress (basically what you need for Intentional Infliction of Emotional Distress as a Cause of Action)

The tort of intentional infliction of emotional distress has four elements:

(1) the defendant must act intentionally or recklessly;

(2) the defendant's conduct must be extreme and outrageous; and

(3) the conduct must be the cause

(4) of severe emotional distress. 943 S.W.2d 297. (Missouri)

 

 

NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS

 

The elements of a claim of negligent infliction of emotional distress are:

 

1. The defendant engaged in negligent conduct or a willful violation of a statutory standard;

 

2. The plaintiff suffered serious emotional distress;

 

3. The defendant's negligent conduct or willful violation of statutory standards was a cause of the serious emotional distress.

 

What do you guys think? Did Lisa violate a statutory standard by with holding information that violated a statutory law or a standard set by society's expectations?

 

Was any of her conduct extreme or outrageous?

 

Still don't know what the hell I am talking about?

 

Look Here (California) for more information on this tort that is very rarely used because it is so difficult to prove.

[MikeL]

Well, finally Trevor is not alone. I was interested in the only road from Gibraltar to Spain crossing the airport runway and thought C J had made a mistake when I first read that part, but the map at the end of the chapter makes that pretty clear. I also found this photo:

 

 

 

 

 

The news from Lisa is rather bleak. Meanwhile Dirk has an interesting conversation with his attorney (lover?).

[Benji]

............ Hmm, many theories! If Trevor's mom is in a witness protection program and the feds staged the accident, you would think that they would have closed up any loopholes and not let an investigation continue. If Dirk and his wife staged the accident for protection of themselves without help from the outside, I can see the problem Dirk has created. Whatever secret Dirk is holding that he cannot even divulge to his lawyer?? Whatever Lisa and Bridget come up with, I'm sure the police already have that information in their hands. Meanwhile, if Dirk does locate Trevor and Joel in Gibraltar, will he have enough time to get the authorities involved? Or will it be a race to get through the Suez canal? Great chapter! I'm sure CJ has some great monkey stories left to tell?? Haha!

 

 

I think we will just be getting speculation here, the answer is waiting in Australia.

[glimsong]

This has been an interesting story so far. I'm thinking that the FBI likely won't get involved. Typically they don't unless murders that are connected occur in multiple states or a kidnapping that crosses state lines. Now Dirk could file a missing persons report with them if he wanted the feds involved but so far that doesn't appear to be the case.

 

I'm hoping that Joel stays with Trevor. Sailing alone is always dangerous as he found out in the last chapter. I know that he felt he had no choice, but it appears that at least some of his common sense has disappeared (but then he is a teen and they do have impulse control issues at times).

 

The lawyer obviously has no idea what happened between Dirk and his wife, and they appear to be at the very least close friends (I think the lover angle isn't that far fetched).

 

Looking forward to how this all turns out.

[hh5]

oh if there is dirt on Dirk - in could be in the boat itself.

 

 

Some where Trev mom must have hid evidence that she was hiding.

Trev hasn't found it yet.

It could be in some secret compartment just like Trev made

And they won't find it until Trev has a major repair.

or Trev needs to fix something in a obscur part of the boat

 

[hh5]

Test Scene 1

 

Trev - you still have go through customs to claim your speedos!!!

Joel - Trev I got that cover ... see!!!

Trev - mouth water - oh the boats other there !!!

Trev - Need a wank my friend!!!

 

Test Scene 2

 

Joel - Run Trev - your Dad's here!!!!

 

 

Test Scene 3

 

Lisa - Hey Guys!!! Surprise!!!

I got the proof... you dad was chasing me!!!

We got to get away quick!!

He's alerted authorities.

 

 

 

 

[Guest Wyndham]

Got to love this story. Personally, I can't stop imagining trevor and Joel in their speedos..... Although I'm also looking forward to them taking them off!

 

Love the photographs and the maps, they really help.

 

Reading the forum is almost as much fun as reading the story - the pic showing the road across the runway is brilliant - thank you.

[wildone]

Well am I the only one who thought that the Rock of Gibraltar was actually in the straights of Gibraltar? When I looked it up the other day in Google earth I was surprised to see it wasn't and that the runway goes out into the ocean and crosses the road. Any idea why Britain still keeps it? Is it to maintain a presence on the entry/exit of the Med?

 

As far as the story goes, I was laughing and had a perfect picture in mind of Trevor's encounter with the monkey. I think I would freak if that ever happened to me.

 

I think the goat may have given us a very very very big clue in the scene between Dirk and Jim. After that whole exchange about Dirk not being able to let Trevor search off of Bimini and that Jim would be in danger if Dirk revealed what was going on, I got a feeling of a Mob connection.

 

Dirk said he couldn't say anything until seven years past the date of her disappearance. Does Linxe or anyone know if there is any laws in Florida that has a statue of limitations of seven years?

 

I do know that when an insurance company is dealing with a death without a body, there is a time limit before they will pay out any claim to the beneficiary. So any insurance salesmen in here that might know the answer to that one?

 

Thanks for the chapter CJ. Very close to a cliffhanger in that chapter, but you are being a good goat for now

 

Steve

[Trebs]

One clarification, it was 7 years past the day she was declared legally dead, which will be in December (it took a year and half from disappearance to declaration). Which fits that that is also the point, a few months away, when Dirk was planning on telling Trevor.

 

Bigger issue - even if he promised the (ex-)wife that he wouldn't tell anyone until she was legally dead for 7 years, he's really stupid by not trusting Trevor anyways and just telling him early.

[wildone]

One clarification, it was 7 years past the day she was declared legally dead, which will be in December (it took a year and half from disappearance to declaration). Which fits that that is also the point, a few months away, when Dirk was planning on telling Trevor.

 

Bigger issue - even if he promised the (ex-)wife that he wouldn't tell anyone until she was legally dead for 7 years, he's really stupid by not trusting Trevor anyways and just telling him early.

 

 

Good point. Any idea why Jim would be in trouble (I got a feeling like he wouldn't be safe) if he knew? He's his lawyer after all.

[C James]

Sorry I've been offline... I've been sick, just a bad cold, but it's been making me think even less clearly than usual, and that's saying a lot.

 

My sincere thanks to everyone who has posted in the thread.

 

Linxe, great points on the legalities. Dirk has one heck of a hard case to fight. He can't even sue Lisa directly; she's a minor, so he has to sue her father for Lisa causing him emotional distress. As Jim said, not much of a case... but: Lisa's father is still going to have to fight it, and that means spending on a lawyer, etc.

 

Trebs, you are correct on the dates. Good catch!

 

Gibraltar is quite a place to see; that runway is just one of the odd things there. As for the monkey.... let's just say I know EXACTLY how Trevor felt, except I knew there were monkeys there. It's illegal, but the tour guides train the wild monkeys by giving them treats, and the monkey learn to recognize the guides, and also simple hand gestures from them. I was at the viewpoint (where Trevor had his encounter) and a tour van pulled up. The guide started telling his elderly clients (about 5 of them) about the monkeys. Then, the guide starts making conversation with me, and taps me on the shoulder in what I thought was a friendly way. Then, all of a sudden, the monkey on the wall lopes straight at me and scrambles up onto my shoulders. And then the guide tells his customers how you just have to wait for them to get bored and go away... About that time I figured it out; they often do this to get the monkeys to climb in their own guests (there are a ton of photos of this around the 'net, because the guides do it for a photo op) Here's one that pretty much sums it up.

Here's another, showing one of the small white tour vans in the background.

 

I figure he picked me because he thought his elderly guests would like to see it, but not actually have the monkey on them.

 

The UK has actually proposed giving Gibraltar to Spain, but this has triggered referendums in Gibraltar, and the Gibraltans have repeatedly refused to even allow negotiations, by overwhelming majorities. So, the UK keeps it as a crown colony.

 

Gibraltar has been British for longer than America has been American, so the people (over 90% in the least referendum) have no interest in becoming Spanish. They prefer being a self-governing UK colony.

 

Okay, I can answer the question (without an spoiler) of which laws in Florida have a seven year statute of limitations. The answer is: none of them. most of the criminal laws in Florida have a 3 or 4 seven-year statute of limitations, though minor ones sometimes have less, and for certain major crimes (murder, rape, etc) there is no statute of limitations. That's just for criminal, not civil (tort) law, which has limits from 2 years to 5 years. There are, however, federal and also some state (other than Florida) laws that have a 7 year statute.

 

One thing to bear in mind here; Dirk is not a lawyer, and thus it is possible he might have the law wrong. Or, he might be obfuscating with a little misdirection. Also, "7 years from the date of her official death" might, or might not, mean the crime or crimes (if any) occurred then; what if that date also happens to be be the required number of years from a different crime? (BTW, please note; I'm just saying what MIGHT be the case, not what is the case, it could be any, some, or none of the things mentioned. )

 

We'll be finding out more very soon.

[wildone]

Sorry I've been offline... I've been sick, just a bad cold, but it's been making me think even less clearly than usual, and that's saying a lot.

 

My sincere thanks to everyone who has posted in the thread.

 

Linxe, great points on the legalities. Dirk has one heck of a hard case to fight. He can't even sue Lisa directly; she's a minor, so he has to sue her father for Lisa causing him emotional distress. As Jim said, not much of a case... but: Lisa's father is still going to have to fight it, and that means spending on a lawyer, etc.

 

Trebs, you are correct on the dates. Good catch!

 

Gibraltar is quite a place to see; that runway is just one of the odd things there. As for the monkey.... let's just say I know EXACTLY how Trevor felt, except I knew there were monkeys there. It's illegal, but the tour guides train the wild monkeys by giving them treats, and the monkey learn to recognize the guides, and also simple hand gestures from them. I was at the viewpoint (where Trevor had his encounter) and a tour van pulled up. The guide started telling his elderly clients (about 5 of them) about the monkeys. Then, the guide starts making conversation with me, and taps me on the shoulder in what I thought was a friendly way. Then, all of a sudden, the monkey on the wall lopes straight at me and scrambles up onto my shoulders. And then the guide tells his customers how you just have to wait for them to get bored and go away... About that time I figured it out; they often do this to get the monkeys to climb in their own guests (there are a ton of photos of this around the 'net, because the guides do it for a photo op) Here's one that pretty much sums it up.

Here's another, showing one of the small white tour vans in the background.

 

I figure he picked me because he thought his elderly guests would like to see it, but not actually have the monkey on them.

 

The UK has actually proposed giving Gibraltar to Spain, but this has triggered referendums in Gibraltar, and the Gibraltans have repeatedly refused to even allow negotiations, by overwhelming majorities. So, the UK keeps it as a crown colony.

 

Gibraltar has been British for longer than America has been American, so the people (over 90% in the least referendum) have no interest in becoming Spanish. They prefer being a self-governing UK colony.

 

Okay, I can answer the question (without an spoiler) of which laws in Florida have a seven year statute of limitations. The answer is: none of them. most of the criminal laws in Florida have a 3 or 4 seven-year statute of limitations, though minor ones sometimes have less, and for certain major crimes (murder, rape, etc) there is no statute of limitations. That's just for criminal, not civil (tort) law, which has limits from 2 years to 5 years. There are, however, federal and also some state (other than Florida) laws that have a 7 year statute.

 

One thing to bear in mind here; Dirk is not a lawyer, and thus it is possible he might have the law wrong. Or, he might be obfuscating with a little misdirection. Also, "7 years from the date of her official death" might, or might not, mean the crime or crimes (if any) occurred then; what if that date also happens to be be the required number of years from a different crime? (BTW, please note; I'm just saying what MIGHT be the case, not what is the case, it could be any, some, or none of the things mentioned. )

 

We'll be finding out more very soon.

 

I'm confused.......... who is CJames, the guy, the girl or the monkey ?

[Benji]

I'm confused.......... who is CJames, the guy, the girl or the monkey ?

 

...............Shush! Story goes towards the monkey!

[Bondwriter]

I'm confused.......... who is CJames, the guy, the girl or the monkey ?

 

Thanks to my connections, I managed to get the actual pic.

[TalonRider]

You took a change by taking his picture while he wasn't wearing his sunglasses.

[wildone]

That's one heck of a goatee.