Javier is a good and decent man fighting for his life.
Twenty-five years ago, as a young lawyer, I was asked to defend Javier and Piggly Wiggly grocery store in a lawsuit filed by a disgruntled customer who had shoplifted merchandise. Javier managed the Leakesville store, and one Friday morning, I drove to Greene County to meet him and discuss the case. I soon learned everybody in the county shopped at the store and knew Javier. He greeted them and called them by their first names on the day of my visit, always offering to help them find whatever was on their grocery lists.
Javier was raised in Leakesville by parents who immigrated from South America. His dad was a local doctor, and Javier decided to settle down in his hometown. He worked his way up to the top spot at Piggly Wiggly, deservedly so, as he had a tireless work ethic. I remember he had a huge set of keys on his belt and never seemed to stop moving up and down the aisles even as we discussed the case.
Javier had stopped the shoplifter from stealing cigarettes, a common problem and, due to a court scheduling snafu, he did not get notice of the court date. With this stroke of good fortune for the thief, the city judge tossed the charge. Rather than breathe a sigh of relief, the shoplifter promptly sued for malicious prosecution.
Javier was not the least bit worried, as he had hard evidence of the crime. He told me that he felt bad for the guy and hoped he learned his lesson. Not once did Javier ever express animosity for the man suing him and actually told me that he had prayed for him.
During the litigation, I made a friend in Javier and admired the way he gently answered questions during an aggressive examination by opposing counsel during a deposition. We decided not to settle and went to trial. When the jurors showed up and were questioned, I was shocked to learn how many people knew Javier and his family. It became clear to me that he was held in high regard and that his years of service to customers at the local grocery store had come back to bless him. Yet, to my amazement, the opposing lawyer decided to go forward with the case and interrogate Javier on the witness stand. When the jury deliberated, they were out only five minutes and made their decision. By unanimous vote, they found in favor of Javier and Piggly Wiggly, but they added a note to their verdict form. The jury asked if they could assess attorney fees against Javier’s accuser!
That moment was very informative for me. I learned that the character and integrity of your client can win or lose your case. Javier is solid. He is genuine, kind, and humble, with a warm spirit.
Right now, Javier has COVID-19. He has been on a ventilator for five weeks at Forrest General Hospital. He was in good health until this very real virus attacked his body. He is now at the mercy of this virus.
I have admired Javier Moreno ever since I met him. He loves God, family, and his country. I know this because he told me so in the way he has lived his life. So, I ask that you pray for him and his family. He would do the same for you.
Clark Hicks of Hattiesburg is a civil litigation attorney. Write him at clark@hicksattorneys.com.
