"Even though the people I'm meeting
know that I'm his partner, they can't seem
to get around the crash:' she said. "It's a
little hard being me in this situation."
She understands that there are, and
may always be, memories and private
moments of grief that she cannot share.
She said there are still times when she gets
"knocked for a loop',' such as the day she
came across a recording that Judy made
during one of her guitar lessons. After
realizing what the tape contained, Keegan
left it in the cassette player with a note
that read, "Play Me."
"Eileen is a beautiful human being:'
Kolton said. "She has a great capacity
for quiet love. I think she gives him the
freedom to be fully wherever he is at the
moment."

Solo Journey
Having someone in his life and feeling
taken care of enhances Weinstein's ability
to work and to play.
"I have a lot of wind in my sails because
someone is in my life he said.
One of the hobbies Weinstein has been
zealously pursuing is golf. About two years
after the crash, he set out to play golf in
each of the 50 states, combining his pas-
sion for the sport with a need to take a
temporary break from his still painful
surroundings. He started his journey in
Las Vegas on New Year's Day, and he drove
42,000 miles over the next nine months,
visiting more than 100 golf courses. He
had two rules: that he would play two
championship courses in each state and
that he would never play alone. He traveled
by plane to Alaska and Hawaii; the rest of
the trip was made in the used Infiniti G35
he bought after the accident. Golfing with
strangers gave Weinstein the opportunity
to tell his story over and over again, which
helped him to heal. He checked in by
phone with Keegan every day, something
she insisted upon when she learned he
would be traveling alone.
After that trip, Weinstein set a new goal:
to play golf in 100 different countries over
the next 20 years. So far he has played in
18 countries, including Australia, New
Zealand, El Salvador, Jamaica and, most
recently, Portugal, Spain and Morocco. He
acknowledges that this is something he
probably would not have attempted when
he was a busy father to two young sons,
but he enjoys his freedom without feeling
guilty or dwelling on the circumstances
that made it possible. The land of "what if"
is not a place Weinstein wishes to inhabit.

Curtains Up
Weinstein has continued and acceler-
ated his participation in local theater,
something he and his sons did as a way
to spend more time together. Weinstein,
who did some acting in his youth, feels the
need to continue his onstage appearances
for the kids in the community as much

as for himself. He played the
Scarecrow in the Novi Player's
production of Wizard of Oz,
and has acted in several plays
with the Farmington Players.
His acting resume will soon
include a big-screen credit
as an extra in the upcoming
film Oz starring Johnny Depp,
which has recently begun
filming in Pontiac. Weinstein
was one of those chosen from
literally thousands of aspiring
actors who lined up at a cast-
ing call earlier this summer.
"I think it's important for
the children to see Sam and
Alex's father still participat-
ing," he said.
Since he has lost his own,
Weinstein feels a responsibil-
ity to all children. Whenever
there is a bar or bat mitzvah
at Birmingham Temple,
Weinstein is there, whether or
not he knows the teen or the
family.
"Without my own children,
I've taken on the children of
the community. I'm a father
image," he said. "My com-
mitment is as an elder at the
Golf has provided both a comfort and a goal.
Temple, listening to a young
person make his commitment
to Judaism. I don't take that
lightly."
a fatal heart attack in his Lake Tahoe
Weinstein said he usually leaves before
home. The two brothers had been close;
the service is over, finding it too painful
they shared the same birthday, two years
to watch the children come together with
apart. Both were jewelers and avid golfers.
their parents to celebrate.
Weinstein attended the funeral and made
"Sometimes he sings full out, other
several subsequent trips to Tahoe to help sell
times he's weeping:' Kolton said. "It's like
his brother's store and pack up his house.
he feels the children belong to all of us,
Weinstein said that sometimes he still
and maybe his children are having bar
mourns what used to be; other times he
mitzvahs, too."
grieves for what might have been. Parents
bragging about their teenagers, neighbors
More Losses
talking about their grandkids or elderly
Though nothing could compare to the
couples holding hands are sad reminders
horrific loss of his wife and children,
of experiences he will never have.
Weinstein has experienced misfortune
"To know that you don't get that:' he
during the last six years. Four months after said, shaking his head. "I'm clear that pain
the accident, his Novi jewelry store burned
will exist with me as long as I live. It's like
to the ground, the result of an electrical
having a brick in your pocket. You get used
fire. Weinstein coped with this incident as
to it, but it really slows you down when
he has with every other challenge in his
you notice it."
life: by clearing away the ashes and creat-
ing something new When a retail space
Day in Court
on 8 Mile Road near Grand River became
At the end of last year, a trial was held to
available, he decided to launch a second
resolve a lawsuit filed by Weinstein against
business, Weinstein Jewelry and Loan.
Siemens, formerly UGS Corporation, the
When his mother, Bertha, became seri-
company where Wellinger was employed
ously ill in 2007, Weinstein stayed by her
at the time of the crash. The case was tried
bedside, inspired by her courage and
by Weinstein's attorney and family friend,
humor in the face of impending death.
Barry LaKritz of Bloomfield Hills. It had
"She was a great example of how to end
all the makings of a legal thriller, com-
a life',' he said. "Before she died, she said,
plete with a surprise witness who came
hear there's a really great golf course in
forward to refute certain testimony after
heaven, and I have an early tee time.'"
reading a newspaper account. Some of
One year later, Weinstein received news
the co-workers who had seen Wellinger in
that his older brother, Ken, had suffered
the office that day made statements about

whether he was visibly intoxicated
that conflicted with earlier police
reports. A toxicology expert testified
that it would have been impossible
for Wellinger to have a blood alcohol
level of .43 after the accident unless
he had started drinking earlier
in the day. But in the end, no one
admitted to seeing Wellinger exhibit
any signs of intoxication when he
left his office at 2:15 p.m. on May
3. Without that, the company could
not be found legally responsible
under Michigan law for Wellinger's
actions an hour-and-a-half later
as he slammed his vehicle into the
rear of the red Honda carrying Judy
Weinstein and her sons.
"The law regarding employer
liability in Michigan is archaic and
must be changed:' said LaKritz.
"It unfairly protects the employer
from liability when they continue
to employ chronically impaired or
intoxicated employees, thus endan-
gering the public."
Weinstein wears a purple elastic
wristband used to raise money for
the Weinstein Theater Enrichment
Fund, a children's scholarship pro-
gram he established in memory
of his family. Imprinted on the
band are the names of his wife
and sons and the words "Choose
Responsibility." It is a message he
takes seriously, directly related to the rea-
son he wanted his day in court.
"It became clear that he [Wellinger] was
drunk and that he was working drunk,"
said Weinstein. "I wanted to hold someone
responsible for the decisions they made,
but that someone didn't stand up. If we
live our lives like we're not responsible,
then things like this can and do occur."
Despite the outcome of the trial,
Weinstein felt vindicated by the pro-
cess. LaKritz agreed that the experience,
although painful, was cathartic for his cli-
ent and longtime friend.
"Gary needed to have us fight the good
fight for him and we did so," said LaKritz.
"It was never about the money for him, it
was only about having us state his case.
Gary has persevered in heroic fashion and
has put his life back together admirably.
He is a fully functional member of society
in a business sense and in a social and
humanitarian sense."
Putting the litigation behind him
allowed Weinstein to move on with his life
more fully than he could before. One of the
first things he did was call Keegan and ask
her to relocate to Michigan. She agreed.
"If there's anything I've learned in the
last six years, it's that if you want some-
thing, go and do it',' she said. "Did I give up
a great job and a great guy to work for to
come here? Yes, but I wanted this more. If I
had said no, he might not have asked me a
second time' I

August 4 2011

9

