The Widow Wave is so much more than an old "war story"
by an attorney about one of his trials. It is a captivating tale
about the loss of a private boat with a captain and his four
passengers outside San Francisco Bay; it is about the preparation
and trial of the ensuing wrongful death lawsuit; it is about the
emotional highs and lows experienced by an attorney during the
course of litigation. The author, Jay Jacobs, a maritime defense
attorney, has given us a courtroom drama which is both an
edge-of-your-seat trial seminar and also a reminder of the
emotional and moral responsibilities of a trial attorney.
On the morning of March 9, 1984, the 34-foot cabin cruiser Aloha
left Sausalito marina for salmon fishing at Duxbury Reef, off the
coast of San Francisco. On board was owner Francis Dowd, a Raytheon
executive with extensive boating experience, as well as his
19-year-old son, his brother-in-law, a friend and a business
associate, Andy Ang. The boat was never seen nor heard from again
and only the body of Francis Dowd was found floating in San
Francisco Bay about a month later. Fifteen fishing boats left San
Francisco Bay that morning heading for Duxbury Reef. Aloha was the
only one that did not return.
Suit was brought by Ang's widow and five children against the
estate of Francis Dowd. Jacobs, the author, with just 10 years of
litigation experience, was retained by Allstate to defend the case
against a highly successful and well-known plaintiff's counsel.
Even though there had been extensive sea and air search by the
Coast Guard, no trace of the Aloha was found and there were no
witnesses nor physical evidence which might provide a hint as to
what happened. While there was extensive speculation in the
newspapers as to what caused this loss, the worst recreational
fishing boat accident in San Francisco's long maritime history,
Jacobs needed to find admissible evidence that this tragedy was not
the result of Dowd's negligence, but rather an accident without
fault.
What makes this book so enjoyable to read is the balance Jacobs
provides in sharing his legal theories, strategies and concerns
with his self-deprecating insecurities and his sacred trust to
protect his client's interest. Francis Dowd's widow, Janet,
insisted that her husband "was not a perfect man but he was never
careless … and never negligent … ever." He opines that if a jury
attributed the death of her son to her husband, it would be "a
death knell to her soul." Jacobs' warm, sympathetic verse develops
all of his characters vividly so that you get to know their
personalities, and you care about what happens to them.
From a legal standpoint, anyone who has tried a case sees his or
her own reflection in the preparation, intuition and luck
encountered in a trial, with the presentation of evidence;
examination and cross-examination of witnesses; and objections,
arguments and court rulings as the case proceeds through trial. For
non-attorneys, it provides an entertaining and informative insight
into how attorneys prepare and try a complex case.
Aside from the legal and emotional aspects of litigation, the
expert testimony in the case provides fascinating information about
waves and their physical properties. It tells us that when the
depth of the water is less than half the length of the wave, the
wave becomes sharply pointed and refracts (bends) and changes from
a smooth wave to a steep breaking one. Under certain circumstances,
if two nearly identical waves wrap around a shallow bar and meet,
they can create a destructive wave which can be twice the height
and quadruple the force of an ordinary wave. It forms, breaks and
disappears in seconds.
The Widow Wave is a book that is entertaining and
thrilling to anyone who is involved in litigation or boating, or
just wants a compelling read about human interest and an attorney's
determination to defend the honor and integrity of a ship's captain
lost at sea. This is a page-turner whose only fault is that it ends
too soon.