Ellington

I recently met David Baria, president of the Mississippi Trial Lawyers Association, for the first time. He was in the lounge side of Bravo Restaurant in Highland Village, lightheartedly holding court with his wife, also an attorney, a couple family members, and various and assorted other confident folks in business suits drinking red wine and martinis. He was boisterous, even as the state Legislature was facing a contentious debate over whether or not to enact civil tort reform—his personal bête noir—in the state. I got the feeling that he and his entourage might gather often in that very same spot; they were clearly a part of the vibrant young professional scene at Bravo.

In recent weeks, and during the Legislature's special session on tort reform, the debate's gotten ugly—so vinegary that people like Baria are giving up their favorite restaurant seats.

On Oct. 15, on the sixth day of the special session, Bravo owner Jeff Good, a respected businessman who also owns Broad Street Deli, attended a physicians' rally for tort reform at the capitol building. WLBT-TV interviewed Good for five minutes, ultimately using two sentences on the broadcast: "The threat of thinking something we do may come back to get us is of some concern," and "This is not the time to try and rebuild wealth through the court system; it's time to build wealth through good hard work."

After the program, Baria waged his own personal boycott. He wrote on the Mississippi Trial Lawyers Association listserv that he would no longer patronize Good's establishments because the restaurateur is taking positions that Baria believes "would jeopardize the constitutional rights of Mississippians."

"I didn't call for a boycott," Baria said in an interview. "But I feel like the choice of where I dine is my choice to make; if somebody selling insurance is at the capitol advocating tort reform, I don't have to buy insurance from them."

The listserv posting was forwarded around North Jackson circles, drawing others to speak out against Baria's decision. Good's friend Susan Nelson Pickard wrote an e-mail for wide distribution, lambasting Baria: "Jeff was interviewed on TV this week in favor of tort reform and changes in our out-of-control legal system. … David Baria has asked all members of the Trial Lawyer Association to boycott Jeff's restaurants because of his views on tort reform. The actions of the attorneys is so petty and very disturbing (sic)."

Baria wrote Good on Oct. 29 to plead his case, saying that he had indeed mentioned to other attorneys the names of several business owners who are vocally supporting tort reform. He added, "I did not single you out in my e-mail. However, I did say that due to your voiced positions I would not be seen in your restaurants, and I will not—it would be hypocritical of me to do otherwise. I purposefully stopped short of advocating a boycott because the organization of which I am president has not had the opportunity to vote on such a serious action." This e-mail, too, became part of the growing body of e-mail discovery in the case of Baria v. Good.

Now Baria says he regrets the stir his posting has caused, but says he "just got fed up" with being demonized because he believes tort reform is a "farce" being pushed by big business and the press. "We've been hammered for so long in the media. The underlying message is that it's the fault of greedy trial lawyers, that we're jackals. I'm tired of it. I'm none of those things." Baria said he goes to the soccer field with his kids and gets verbally attacked by physicians' wives. "I'm told it's all my fault."

Good, for his part, has not responded to Baria's e-mail and has avoided the media since his two sentences were broadcast. He does say that becoming an Internet urban legend has rather surprised him: "Everyone has the right to free speech. It's fascinating that it's played out on the Internet for so many. I feel like my 15 minutes of fame has been stretched to 45 minutes."

Some trial attorneys are openly saying that they are "boycotting" Good's restaurants due to his position on tort reform. On the other side, pro-reform folks are seizing the opportunity to bash trial lawyers: "Poor Jeff Good, the owner of Bravo," wrote the Northside Sun's Wyatt Emmerich. "He had the nerve to show up for a tort reform rally. He happened to make a pro-reform comment on TV. Now the plaintiffs' attorneys are launching a boycott of his restaurant via e-mail. Apparently free speech is not part of our jackpot justice system."

Still, Baria isn't budging, or returning to Good's businesses anytime soon. "It's difficult to articulate the way my colleagues and I feel about this. You really have to understand how wrong this farce is and how bad it is for people." As for Good, Baria hears the flap has helped his businesses. "Doctors have rallied to his aid," Baria said.
— Donna Ladd

Previous Comments

ID

63880

Comment

There is a special place in Hell for Baria and his pals. Maybe it serves bruschetta and tiramisu.

Author

Greg Griffith

Date

2002-11-11T14:42:21-06:00