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1
00:00:03,367 --> 00:00:05,108
I really can't believe
you spent money on that.
2
00:00:05,160 --> 00:00:06,596
I had those when
I was, like, six.
3
00:00:06,684 --> 00:00:08,597
Hey, they're vintage, dude.
4
00:00:10,435 --> 00:00:12,002
Have you two been here before?
5
00:00:14,191 --> 00:00:15,330
Mm, Amir's?
6
00:00:15,418 --> 00:00:16,737
Never been here.
7
00:00:17,291 --> 00:00:18,330
Is it good?
8
00:00:18,707 --> 00:00:19,824
Oh, man.
9
00:00:20,065 --> 00:00:22,300
Oh, and they do this thing,
it's like a contest.
10
00:00:22,388 --> 00:00:24,119
You take a selfie
with the slice of pizza
11
00:00:24,207 --> 00:00:25,845
in the shot,
and if the owner likes it,
12
00:00:25,933 --> 00:00:27,644
you get a free slice of pizza.
13
00:00:28,000 --> 00:00:29,144
Okay.
14
00:00:29,806 --> 00:00:30,981
Wh-What are you doing?
15
00:00:31,069 --> 00:00:32,766
Banking myself
a piece of pizza.
16
00:00:36,191 --> 00:00:38,017
What do you think?
That isn't going
17
00:00:38,105 --> 00:00:39,650
to get you
a glass of water.
18
00:00:39,738 --> 00:00:41,137
They've got hundreds
of pictures in there
19
00:00:41,224 --> 00:00:43,332
all over the wall
that look just like that one.
20
00:00:44,432 --> 00:00:45,933
Stay right here.
21
00:01:41,005 --> 00:01:42,005
Hey.
22
00:01:42,269 --> 00:01:44,677
Ah-ha-ha.
I'm impressed.
23
00:01:44,824 --> 00:01:46,433
Nice, James.
24
00:01:55,847 --> 00:01:56,994
Come on down, James.
25
00:01:57,081 --> 00:01:59,434
Somebody's gonna come by
and hear us.
26
00:01:59,625 --> 00:02:01,051
Give me a second.
27
00:02:06,090 --> 00:02:07,613
Oh, my God.
28
00:02:07,768 --> 00:02:09,334
I can't look.
29
00:02:19,632 --> 00:02:20,856
James!
30
00:02:24,972 --> 00:02:26,022
Oh, my God.
31
00:02:26,110 --> 00:02:27,684
James!
32
00:02:29,176 --> 00:02:30,285
James?
33
00:02:30,480 --> 00:02:34,371
My client was a healthy,
vibrant 14-year-old boy.
34
00:02:34,895 --> 00:02:36,895
He loved to play baseball,
35
00:02:37,051 --> 00:02:38,559
go rock climbing,
36
00:02:38,988 --> 00:02:41,590
swimming in the summer,
sledding in the winter.
37
00:02:41,879 --> 00:02:43,867
Now he has to spend
the rest of his life
38
00:02:43,954 --> 00:02:46,119
- in a wheelchair.
- And my client,
39
00:02:46,207 --> 00:02:49,746
Immunity Insurance, shares your
sense of despair about that.
40
00:02:50,047 --> 00:02:53,137
But... nonetheless,
this is clearly a tragedy
41
00:02:53,224 --> 00:02:55,238
of your client's own making.
42
00:02:55,326 --> 00:02:58,175
No one asked him to
climb up on that roof.
43
00:02:58,263 --> 00:03:01,001
No one compelled him to
sit on a piece of signage
44
00:03:01,089 --> 00:03:04,089
that was clearly not meant
to support his weight.
45
00:03:04,190 --> 00:03:05,757
So why are we here?
46
00:03:06,063 --> 00:03:08,152
Why invite us
to a settlement conference
47
00:03:08,239 --> 00:03:10,214
if you have no intention
of settling?
48
00:03:10,302 --> 00:03:12,011
Ask the court.
49
00:03:12,230 --> 00:03:15,957
As the insurers for Amir's
Flying Carpet Pizza Parlor,
50
00:03:16,175 --> 00:03:18,510
my company has decided
to take the position
51
00:03:18,597 --> 00:03:22,166
that we bear no liability
for James Donovan's injuries,
52
00:03:22,464 --> 00:03:25,675
regardless
of how tragic they are.
53
00:03:26,093 --> 00:03:27,094
Seriously?
54
00:03:27,182 --> 00:03:28,226
Seriously.
55
00:03:28,314 --> 00:03:30,012
We're prepared
to go to trial.
56
00:03:30,160 --> 00:03:31,636
I should have assumed
as much
57
00:03:31,724 --> 00:03:35,032
when you invited us to a meeting
at a trial science company.
58
00:03:35,175 --> 00:03:37,480
We sympathize with James
59
00:03:37,572 --> 00:03:40,308
and his family,
but we also believe
60
00:03:40,396 --> 00:03:42,668
that any rational jury will find
61
00:03:42,756 --> 00:03:44,176
that the owners
of the establishment,
62
00:03:44,263 --> 00:03:47,214
the Elmasry family,
have done nothing wrong.
63
00:03:47,302 --> 00:03:50,087
The fact is,
your client was trespassing.
64
00:03:50,357 --> 00:03:52,082
No. No, I'm sorry.
65
00:03:52,170 --> 00:03:54,097
Your client was negligent.
66
00:03:54,437 --> 00:03:58,417
They installed a giant,
illuminated slice of pizza
67
00:03:58,505 --> 00:04:00,527
on top of a two-story building.
68
00:04:00,900 --> 00:04:03,472
It practically screamed
to children, "Climb me."
69
00:04:03,792 --> 00:04:06,152
I gather you're
planning to invoke
70
00:04:06,240 --> 00:04:08,460
the attractive nuisance
doctrine?
71
00:04:08,647 --> 00:04:10,074
If the shoe fits.
72
00:04:10,162 --> 00:04:12,230
- It doesn't.
- If I may...
73
00:04:12,440 --> 00:04:13,767
interject.
74
00:04:13,855 --> 00:04:15,863
The fact that
we are having
75
00:04:15,951 --> 00:04:18,845
the meeting here
does not automatically negate
76
00:04:18,933 --> 00:04:19,997
the possibility of a settlement,
77
00:04:20,084 --> 00:04:22,696
or I would not have agreed
to host it.
78
00:04:22,796 --> 00:04:25,402
Secondly, the attractive
nuisance doctrine
79
00:04:25,490 --> 00:04:27,035
to which you are referring
80
00:04:27,215 --> 00:04:29,129
is intended to protect toddlers
81
00:04:29,217 --> 00:04:31,722
from being lured
into hazardous situations,
82
00:04:31,810 --> 00:04:35,248
like an unfenced pool
or a broken trampoline.
83
00:04:35,730 --> 00:04:37,371
Your client is not a toddler,
84
00:04:37,458 --> 00:04:39,339
and this is not one
of those situations.
85
00:04:39,615 --> 00:04:41,806
James Donovan had
enough physical strength
86
00:04:41,894 --> 00:04:42,899
and mental acuity
87
00:04:42,986 --> 00:04:46,894
to ignore large,
illuminated signage,
88
00:04:47,496 --> 00:04:49,425
scale a chain-link fence,
89
00:04:49,513 --> 00:04:53,707
climb a two-story building
and hoist himself upon a roof.
90
00:04:54,127 --> 00:04:56,222
You can't blame that
on the Elmasrys.
91
00:04:56,310 --> 00:04:58,175
The Elmasrys lured him in
92
00:04:58,263 --> 00:05:02,230
with their "selfie gets you
a free slice" promotion.
93
00:05:02,365 --> 00:05:04,941
They created
a social media campaign
94
00:05:05,170 --> 00:05:08,271
that encouraged children
to compete
95
00:05:08,359 --> 00:05:11,405
to see who could take the most
attention-getting selfie.
96
00:05:11,652 --> 00:05:13,451
Nowhere in their entreaties
did it say:
97
00:05:13,538 --> 00:05:15,019
"Do not climb on our building."
98
00:05:15,107 --> 00:05:20,035
Okay. The court mandated a
pretrial settlement conference.
99
00:05:20,379 --> 00:05:22,066
We have conferred.
100
00:05:22,154 --> 00:05:24,871
Now give us your demands
so we can be done with it.
101
00:05:25,149 --> 00:05:28,152
We know that the Elmasrys'
policy with Immunity Insurance
102
00:05:28,240 --> 00:05:30,372
is capped at $2 million.
103
00:05:30,599 --> 00:05:34,269
We also know how lengthy and
expensive litigation will be.
104
00:05:35,027 --> 00:05:37,954
With that in mind,
the Donovans are prepared
105
00:05:38,041 --> 00:05:41,136
to settle
for the full $2 million.
106
00:05:41,519 --> 00:05:43,238
Well, thank you
for coming by.
107
00:05:43,450 --> 00:05:45,495
Don't you at least want
to run it up the flagpole
108
00:05:45,583 --> 00:05:46,761
before rejecting it?
109
00:05:46,849 --> 00:05:48,502
I amthe flagpole.
110
00:05:48,894 --> 00:05:52,207
Of course, I will
run it by the Elmasrys,
111
00:05:52,295 --> 00:05:54,668
but I already know
what the answer will be.
112
00:05:55,834 --> 00:05:57,487
See you in court.
113
00:06:07,402 --> 00:06:10,410
$2 million would have been
a pretty good resolution.
114
00:06:10,910 --> 00:06:12,189
You didn't even counter.
115
00:06:12,277 --> 00:06:13,458
We probably could have
gotten them
116
00:06:13,545 --> 00:06:15,379
down to about
a million and a half.
117
00:06:15,467 --> 00:06:17,818
That's why I hired
the two of you.
118
00:06:18,183 --> 00:06:20,019
We're gonna get them
down to nothing.
119
00:06:20,558 --> 00:06:21,894
Ms. Kress,
120
00:06:21,982 --> 00:06:23,783
uh, I'm gonna be
honest with you.
121
00:06:23,871 --> 00:06:24,895
We're thrilled
to have your business,
122
00:06:24,982 --> 00:06:27,916
thrilled to do all we can
to help you and your company
123
00:06:28,004 --> 00:06:30,199
achieve legal success
in this case, but...
124
00:06:30,767 --> 00:06:32,421
Mr. Colón is right.
125
00:06:32,703 --> 00:06:35,410
I'd seriously ask you to
reconsider their proposal
126
00:06:35,498 --> 00:06:37,413
and avoid trial.
127
00:06:37,785 --> 00:06:40,433
This is a trial science company.
128
00:06:40,521 --> 00:06:42,915
I thought you were
all about going to trial.
129
00:06:43,118 --> 00:06:44,379
I don't understand.
130
00:06:44,467 --> 00:06:46,774
Well, Ms. Kress, put yourself
in the jury's shoes.
131
00:06:47,152 --> 00:06:49,642
Every morning
they walk into that court,
132
00:06:49,730 --> 00:06:51,668
and they see a boy
in a wheelchair.
133
00:06:51,822 --> 00:06:53,738
Then they look to the other side
of the courtroom,
134
00:06:53,825 --> 00:06:57,869
and they see you, me and
Dr. Bull doing everything we can
135
00:06:57,957 --> 00:07:01,332
to avoid giving that boy money
your company can easily afford.
136
00:07:01,465 --> 00:07:03,916
Money your customers,
the very nice family
137
00:07:04,004 --> 00:07:05,168
who own the pizza parlor,
138
00:07:05,256 --> 00:07:07,340
have every right to expect you
to pay on their behalf.
139
00:07:07,427 --> 00:07:09,205
This is
a premises liability suit.
140
00:07:09,293 --> 00:07:11,293
How many hundreds of these
do you deal with a week?
141
00:07:11,786 --> 00:07:13,074
Many hundreds.
142
00:07:13,271 --> 00:07:15,126
Then explain the math to me,
143
00:07:15,214 --> 00:07:16,597
'cause I can't
quite figure it out.
144
00:07:16,685 --> 00:07:18,992
You'd rather give my company
a million dollars
145
00:07:19,080 --> 00:07:21,455
and spend all the other costs
146
00:07:21,543 --> 00:07:23,929
associated with taking
this thing to court...
147
00:07:24,168 --> 00:07:26,574
than give a crippled child
$2 million?
148
00:07:26,662 --> 00:07:29,785
Oh, it isn't that
that we take issue with.
149
00:07:29,873 --> 00:07:32,011
It's the selfie of it all.
150
00:07:32,298 --> 00:07:35,613
You would be shocked how many
people are injured or killed
151
00:07:35,722 --> 00:07:39,275
doing something that requires
all of their attention
152
00:07:39,363 --> 00:07:41,418
while pointing a phone
at themselves.
153
00:07:41,506 --> 00:07:42,725
Oh, I know.
154
00:07:43,107 --> 00:07:44,892
People fall
into the Grand Canyon.
155
00:07:45,081 --> 00:07:46,691
They get mauled by zoo animals.
156
00:07:46,778 --> 00:07:49,511
Selfie culture is
a complex mixture
157
00:07:49,599 --> 00:07:51,993
of identity, expression,
self-esteem.
158
00:07:52,133 --> 00:07:54,775
But... I am reasonably certain
159
00:07:54,863 --> 00:07:56,754
you can't litigate it
out of existence.
160
00:07:57,007 --> 00:07:59,183
Well, my company
is determined to try.
161
00:07:59,777 --> 00:08:03,511
The question is, will we do it
with the two of you at our side?
162
00:08:03,925 --> 00:08:05,386
The trial hasn't
started yet.
163
00:08:05,474 --> 00:08:07,191
You can still bow out.
164
00:08:07,320 --> 00:08:10,454
Happy to give some other firm
that million.
165
00:08:10,541 --> 00:08:11,855
And yes...
166
00:08:11,943 --> 00:08:16,214
I know you two boys
are supposed to be the best...
167
00:08:16,997 --> 00:08:20,457
but if second best is all
that's available to us...
168
00:08:21,269 --> 00:08:23,496
I promise you we'll make do.
169
00:08:27,310 --> 00:08:28,877
Like I said before...
170
00:08:29,472 --> 00:08:31,855
we're happy to take your money,
Ms. Kress.
171
00:08:32,214 --> 00:08:34,410
Yes. Well...
172
00:08:34,957 --> 00:08:37,613
it turns out almost everyone is.
173
00:08:40,095 --> 00:08:41,990
See you at trial, gentlemen.
174
00:08:45,208 --> 00:08:47,545
We just have to defend them.
We don't have to like them.
175
00:08:48,372 --> 00:08:50,372
*BULL (2016)*
Season 04 Episode 09
176
00:08:50,562 --> 00:08:52,754
*BULL (2016)*
Episode Title :"The Flying Carpet"
177
00:08:54,366 --> 00:08:56,804
Meet the plaintiff...
James Donovan.
178
00:08:57,936 --> 00:09:00,106
Wow. What
a sweet-looking kid.
179
00:09:00,607 --> 00:09:03,309
And we're on which side
of this particular dispute?
180
00:09:03,397 --> 00:09:05,209
Don't be a wise guy.
181
00:09:05,537 --> 00:09:06,949
And this is
the last photo
182
00:09:07,037 --> 00:09:10,053
James took before he fell
two stories to the sidewalk.
183
00:09:10,320 --> 00:09:11,795
Scary.
184
00:09:12,141 --> 00:09:13,943
And this is James today.
185
00:09:15,318 --> 00:09:16,772
What a nightmare.
186
00:09:17,021 --> 00:09:18,660
Will this kid
ever walk again?
187
00:09:18,748 --> 00:09:20,098
Based on the severity
188
00:09:20,186 --> 00:09:24,186
of his injuries and the current
state of medical technology,
189
00:09:24,498 --> 00:09:26,256
I'd say that's
highly unlikely.
190
00:09:26,344 --> 00:09:29,139
But frankly,
that's really a question
191
00:09:29,227 --> 00:09:31,664
for his family's
health insurance provider.
192
00:09:31,790 --> 00:09:35,053
Our focus needs to be
on making a case
193
00:09:35,141 --> 00:09:38,449
that the willful trespassing
that went on here
194
00:09:38,572 --> 00:09:40,100
exempts this as a claim
195
00:09:40,188 --> 00:09:43,197
against the property owner's
commercial liability insurance.
196
00:09:43,420 --> 00:09:45,026
This is Avery Kress.
197
00:09:45,113 --> 00:09:47,269
Ah. Senior vice president
198
00:09:47,357 --> 00:09:49,670
of claims at Immunity Insurance.
199
00:09:49,899 --> 00:09:51,205
Our client.
200
00:09:51,466 --> 00:09:52,815
Nice to meet you all.
201
00:09:52,903 --> 00:09:54,496
I just had breakfast
with Dr. Bull,
202
00:09:54,584 --> 00:09:57,734
and he suggested that I stop by
and sit in on your...
203
00:09:57,881 --> 00:09:59,654
strategy session.
204
00:09:59,927 --> 00:10:02,084
Look,
the burden of proof
205
00:10:02,232 --> 00:10:05,709
is on the plaintiffs
to prove negligence.
206
00:10:05,936 --> 00:10:07,529
Our job is to
207
00:10:07,616 --> 00:10:10,107
demonstrate that
the owners did everything right.
208
00:10:10,350 --> 00:10:12,082
Fences. Locks.
209
00:10:12,170 --> 00:10:14,824
We have to prove they made it
as hard as they could
210
00:10:14,912 --> 00:10:16,857
for anyone
to get up on that roof.
211
00:10:17,185 --> 00:10:19,755
I don't know.
I don't want to just roll over
212
00:10:19,843 --> 00:10:21,677
and buy into
the plaintiff's theory
213
00:10:21,765 --> 00:10:23,637
that just because
the victim is a minor,
214
00:10:23,760 --> 00:10:26,896
that he's covered by the
attractive nuisance doctrine.
215
00:10:27,176 --> 00:10:28,841
The boy is 14.
216
00:10:29,157 --> 00:10:30,898
He is not an infant.
217
00:10:31,349 --> 00:10:32,927
He should have known better.
218
00:10:33,700 --> 00:10:35,792
Eh. It's never a great
thing to blame the victim,
219
00:10:35,880 --> 00:10:38,185
especially if the victim's
in a wheelchair.
220
00:10:38,427 --> 00:10:39,907
Forgive me for
being blunt,
221
00:10:39,994 --> 00:10:41,604
but I don't think
the face of this case
222
00:10:41,691 --> 00:10:43,402
should be the big bad
insurance company.
223
00:10:43,490 --> 00:10:46,304
I think it should be the owner
of the pizza restaurant.
224
00:10:46,708 --> 00:10:49,138
The people who stand
to lose everything
225
00:10:49,291 --> 00:10:50,818
when they've done
nothing wrong.
226
00:10:51,092 --> 00:10:53,442
Now that's something the jury
could hang their hat on,
227
00:10:53,529 --> 00:10:55,314
and that's something
the jury could relate to.
228
00:10:55,401 --> 00:10:56,538
I don't agree.
229
00:10:56,626 --> 00:10:59,089
I'm telling you,
it'll come across as callous.
230
00:10:59,177 --> 00:11:00,840
Not if you finesse it.
231
00:11:04,247 --> 00:11:06,333
Well, uh,
what does Dr. Bull think?
232
00:11:06,849 --> 00:11:08,497
Well, I guess we'll see.
233
00:11:08,760 --> 00:11:10,646
We have voir dire
in three hours.
234
00:11:10,992 --> 00:11:13,677
Maybe the secret lies somewhere
in the middle.
235
00:11:14,380 --> 00:11:15,637
How do you mean?
236
00:11:15,725 --> 00:11:16,997
Yeah, how do you mean?
237
00:11:17,085 --> 00:11:21,013
Well, maybe we let our narrative
embrace... both ideas.
238
00:11:21,101 --> 00:11:22,863
Present them as if
they complement each other,
239
00:11:22,950 --> 00:11:24,230
which they do.
240
00:11:24,318 --> 00:11:25,607
I don't follow.
241
00:11:26,146 --> 00:11:27,995
We make sure the jury sees
your clients
242
00:11:28,083 --> 00:11:29,478
as responsible business owners
243
00:11:29,565 --> 00:11:32,145
who took every
possible precaution.
244
00:11:33,153 --> 00:11:34,638
Then we make sure
they see James
245
00:11:34,726 --> 00:11:37,261
as a mature young man
who has to be held responsible
246
00:11:37,349 --> 00:11:38,574
for his reckless choices.
247
00:11:38,661 --> 00:11:39,967
He doesn't get a free pass
248
00:11:40,054 --> 00:11:42,419
just because he got badly hurt.
249
00:11:45,856 --> 00:11:48,323
Mr. Elmasry, Mrs. Elmasry.
250
00:11:48,450 --> 00:11:50,434
My name's Dr. Jason Bull.
I'll be spearheading
251
00:11:50,522 --> 00:11:51,692
your defense here in court.
252
00:11:51,780 --> 00:11:53,347
Allow me to introduce
your attorney of record,
253
00:11:53,434 --> 00:11:54,590
Mr. Benjamin Colón.
254
00:11:54,816 --> 00:11:56,180
Pleasure to meet you both.
255
00:11:56,268 --> 00:11:57,555
So I'm guessing Mr. Elmasry
256
00:11:57,643 --> 00:11:59,758
will sit up here
with you and me,
257
00:11:59,846 --> 00:12:01,466
and Mr. Colón
and, uh,
258
00:12:01,553 --> 00:12:02,908
Mrs. Elmasry,
you'll sit in the gallery
259
00:12:02,995 --> 00:12:03,883
- directly behind us.
- Actually,
260
00:12:03,971 --> 00:12:04,992
here's what I'd like to do.
261
00:12:05,079 --> 00:12:06,471
I'd like to have
the two of you sit up here
262
00:12:06,558 --> 00:12:08,659
at the defense table
with Mr. Colón,
263
00:12:08,846 --> 00:12:11,526
and you and I will be
in the gallery.
264
00:12:13,393 --> 00:12:15,698
I think it's important
when the jury looks over
265
00:12:15,785 --> 00:12:17,238
at the defense table,
they are reminded
266
00:12:17,325 --> 00:12:20,985
that... the only people with
anything to lose at this trial
267
00:12:21,073 --> 00:12:22,667
are a hard-working family,
268
00:12:22,815 --> 00:12:24,187
not a gaggle of
well-dressed,
269
00:12:24,275 --> 00:12:26,244
well-paid executives
and lawyers.
270
00:12:26,332 --> 00:12:29,759
Plus, it'll give you a chance
to see what it is I do
271
00:12:29,892 --> 00:12:31,994
that your company
is paying so much for.
272
00:12:33,857 --> 00:12:36,539
Any chance I could steal you
for five minutes
273
00:12:36,627 --> 00:12:38,447
before we get
this thing started?
274
00:12:38,717 --> 00:12:41,361
She's a real piece of work,
our Ms. Kress.
275
00:12:41,571 --> 00:12:42,900
You can say that again.
276
00:12:42,988 --> 00:12:44,721
She's a real
piece of work.
277
00:12:45,467 --> 00:12:47,299
Now that we've got that
out of the way,
278
00:12:47,408 --> 00:12:50,037
how do you suggest
we curate a jury
279
00:12:50,124 --> 00:12:52,517
that will look past
a kid in a wheelchair?
280
00:12:52,604 --> 00:12:55,694
Well, in this case, it's
not so much about selecting
281
00:12:55,781 --> 00:12:57,740
as it is about de-selecting.
282
00:12:57,827 --> 00:13:00,656
Anyone with a pulse is gonna
take one look at the plaintiff
283
00:13:01,025 --> 00:13:03,224
and want to help him, want
to do something for him.
284
00:13:03,311 --> 00:13:05,783
Got it. So we eliminate
anyone with a pulse.
285
00:13:06,135 --> 00:13:07,663
Or, failing that,
286
00:13:07,750 --> 00:13:11,424
we minimize the presence
of sentimentalists.
287
00:13:11,729 --> 00:13:13,337
'Cause we want jurors who
lead with their heads.
288
00:13:13,424 --> 00:13:16,672
Who prioritize logic
and reason over emotion.
289
00:13:16,759 --> 00:13:19,066
People who will
be able to see clearly
290
00:13:19,153 --> 00:13:20,676
that our client
isn't responsible
291
00:13:20,763 --> 00:13:22,199
for what happened to James.
292
00:13:22,744 --> 00:13:24,111
James is.
293
00:13:24,339 --> 00:13:26,658
Good afternoon, everyone.
294
00:13:26,769 --> 00:13:28,466
So let's imagine
295
00:13:28,553 --> 00:13:31,486
there's a hurricane
barreling down on your town.
296
00:13:31,939 --> 00:13:33,688
Wind, rain,
297
00:13:33,776 --> 00:13:35,865
emergency crews,
the whole nine yards.
298
00:13:35,952 --> 00:13:38,476
You've just received
an order to evacuate.
299
00:13:38,563 --> 00:13:40,565
You have five minutes
to leave your town.
300
00:13:40,728 --> 00:13:42,338
- What do you take?
- Well,
301
00:13:42,426 --> 00:13:44,617
I guess I'd take my phone,
302
00:13:44,705 --> 00:13:46,338
my keys, my wallet.
303
00:13:46,528 --> 00:13:49,313
Oh, and our passports
and our marriage license.
304
00:13:49,400 --> 00:13:50,954
- Important documents.
- Mm.
305
00:13:51,116 --> 00:13:52,780
You sound very practical.
306
00:13:52,876 --> 00:13:54,065
I suppose I am.
307
00:13:55,625 --> 00:13:57,668
Your Honor, juror number eight
308
00:13:57,756 --> 00:13:59,461
is acceptable
to the defense.
309
00:13:59,758 --> 00:14:01,238
And what about you, sir?
310
00:14:01,325 --> 00:14:04,241
What would you take if you only
had minutes to evacuate?
311
00:14:04,508 --> 00:14:06,360
Well, first, I'd make sure
my family is safe.
312
00:14:06,448 --> 00:14:08,114
Of course. Then, I guess I'd grab
313
00:14:08,202 --> 00:14:09,422
the photo albums...
314
00:14:09,525 --> 00:14:12,205
my father's urn...
and the blanket
315
00:14:12,293 --> 00:14:14,121
we brought our daughter home in
from the hospital.
316
00:14:14,208 --> 00:14:15,420
Important memories.
317
00:14:15,508 --> 00:14:16,829
They are for me.
318
00:14:17,807 --> 00:14:20,852
Your Honor, we'd like to thank
and excuse juror number 12.
319
00:14:21,555 --> 00:14:23,478
Okay, can I have
a show of hands?
320
00:14:23,565 --> 00:14:25,899
How many of you have kids?
321
00:14:27,090 --> 00:14:28,438
Okay.
322
00:14:28,657 --> 00:14:31,312
Ah, I see you didn't raise
your hand.
323
00:14:31,399 --> 00:14:32,602
May I ask,
324
00:14:32,690 --> 00:14:34,518
do you have any nieces
or nephews?
325
00:14:34,606 --> 00:14:36,521
I have a niece.
She's six.
326
00:14:36,610 --> 00:14:39,308
You know,
Christmas is coming up.
327
00:14:39,465 --> 00:14:42,126
You ever think about maybe
giving her a puppy?
328
00:14:42,461 --> 00:14:45,891
Sounds sweet, but my
brother would never forgive me.
329
00:14:45,978 --> 00:14:47,094
Mm.
330
00:14:48,211 --> 00:14:51,114
Your Honor, this juror is
acceptable to the defense.
331
00:14:51,201 --> 00:14:52,954
Nice work.
332
00:14:53,464 --> 00:14:54,985
I see what you're doing here.
333
00:14:55,080 --> 00:14:57,343
Stacking the deck
with pragmatists.
334
00:14:58,070 --> 00:14:59,961
Ah, do you see
what they're doing?
335
00:15:00,184 --> 00:15:02,383
No James,
no wheelchair.
336
00:15:02,531 --> 00:15:04,586
She's saving her client
so he can make
337
00:15:04,674 --> 00:15:06,172
a big theatrical entrance.
338
00:15:06,260 --> 00:15:07,438
And for what it's worth,
339
00:15:07,526 --> 00:15:09,469
I would do the same thing.
340
00:15:09,977 --> 00:15:12,440
So everyone is happy?
341
00:15:12,632 --> 00:15:14,136
That went well?
342
00:15:14,224 --> 00:15:15,530
Well, under the circumstances,
343
00:15:15,617 --> 00:15:16,835
I don't think
there's any one of us
344
00:15:16,922 --> 00:15:18,790
that thought
this was gonna be easy.
345
00:15:19,245 --> 00:15:23,149
Plaintiff is
especially sympathetic.
346
00:15:23,251 --> 00:15:25,428
I mean, a young man
at the threshold of his life,
347
00:15:25,516 --> 00:15:27,665
losing the use
of his lower body.
348
00:15:27,933 --> 00:15:29,305
It's tragic.
349
00:15:29,717 --> 00:15:33,123
Given that,
I think we seated a jury
350
00:15:33,211 --> 00:15:34,853
where there's a real chance
two or more members
351
00:15:34,940 --> 00:15:37,149
are gonna see things your way,
and that is all we need.
352
00:15:37,237 --> 00:15:40,243
But, uh...
Can I ask a question?
353
00:15:40,423 --> 00:15:41,772
Of course, Mr. Elmasry.
354
00:15:41,968 --> 00:15:44,649
This is your trial,
you can ask whatever you'd like.
355
00:15:45,554 --> 00:15:47,092
What are we doing here?
356
00:15:47,216 --> 00:15:50,428
Our entire family feels terribly
about what happened to that boy.
357
00:15:50,516 --> 00:15:51,735
We don't need a trial.
358
00:15:51,823 --> 00:15:53,042
We don't want a trial.
359
00:15:53,307 --> 00:15:54,912
I paid my insurance.
360
00:15:55,047 --> 00:15:56,850
Someone had an accident
on my property,
361
00:15:56,987 --> 00:15:59,425
then why doesn't the insurance
company just pay them?
362
00:15:59,709 --> 00:16:01,445
Isn't that what
the insurance is for?
363
00:16:01,532 --> 00:16:02,545
No. That's not
364
00:16:02,633 --> 00:16:05,201
what the insurance is for;
not in this case.
365
00:16:05,608 --> 00:16:06,842
In this case,
366
00:16:06,930 --> 00:16:09,912
your insurance is here
to be the bad guy.
367
00:16:10,341 --> 00:16:12,530
And trust me,
you need a bad guy.
368
00:16:12,630 --> 00:16:16,522
In cases like this,
society needs a bad guy.
369
00:16:17,459 --> 00:16:18,684
I don't understand.
370
00:16:18,772 --> 00:16:20,162
Mr. Elmasry,
you and your wife
371
00:16:20,250 --> 00:16:22,623
did not pay premiums
so anyone could come along
372
00:16:22,711 --> 00:16:26,053
and say you owe them money
and have it paid by us.
373
00:16:26,470 --> 00:16:29,209
This young man
did not have an accident.
374
00:16:29,517 --> 00:16:31,969
An accident is when you go along
in your life,
375
00:16:32,084 --> 00:16:34,852
and something unexpected
happens.
376
00:16:34,957 --> 00:16:37,873
This young man made
an active choice.
377
00:16:38,149 --> 00:16:39,413
He trespassed.
378
00:16:39,501 --> 00:16:42,007
Went somewhere
he was not supposed to go.
379
00:16:42,212 --> 00:16:45,402
Sat on something that was
never built to support him.
380
00:16:45,489 --> 00:16:47,899
And he fell to the ground
as a result.
381
00:16:48,050 --> 00:16:51,805
And now he wants
you, or us,
382
00:16:52,016 --> 00:16:55,313
society to pay
for what happened to him?
383
00:16:56,065 --> 00:16:57,540
Do you think that's fair?
384
00:16:57,893 --> 00:16:59,946
Do you have $2 million?
385
00:17:00,133 --> 00:17:03,891
$2 million to just
hand over to a stranger
386
00:17:04,029 --> 00:17:06,641
who did nothing
but violate your rights
387
00:17:06,728 --> 00:17:09,339
and treat your property
as his own
388
00:17:09,426 --> 00:17:11,337
just so he could take a picture?
389
00:17:11,790 --> 00:17:15,737
No, I do not,
but what about mercy?
390
00:17:16,219 --> 00:17:17,399
What about forgiveness?
391
00:17:17,487 --> 00:17:20,532
Forgiveness is for churches.
392
00:17:20,742 --> 00:17:22,811
Mercy is for charities.
393
00:17:22,899 --> 00:17:24,577
We are a business.
394
00:17:24,673 --> 00:17:27,577
And, like you,
we don't have $2 million.
395
00:17:27,665 --> 00:17:30,404
Not to give away
to any reckless fool
396
00:17:30,491 --> 00:17:32,101
who thinks the world
is just waiting
397
00:17:32,188 --> 00:17:34,756
to see a picture of them
put their life at risk.
398
00:17:38,004 --> 00:17:39,223
It's okay.
399
00:17:39,311 --> 00:17:40,355
I know it's hard.
400
00:17:40,450 --> 00:17:41,930
It's not on you.
401
00:17:42,274 --> 00:17:43,485
Like I said,
402
00:17:43,719 --> 00:17:46,462
let us be the bad guy, hmm?
403
00:17:49,336 --> 00:17:51,118
Nice work today,
you two.
404
00:17:51,786 --> 00:17:53,875
I will see everyone
in the morning.
405
00:17:54,336 --> 00:17:55,524
- Good night.
- Good night.
406
00:17:56,477 --> 00:17:57,930
- Good night.
- Good night.
407
00:17:59,524 --> 00:18:02,305
So if she's the bad guy,
408
00:18:02,392 --> 00:18:04,954
then what does that make us?
409
00:18:07,344 --> 00:18:10,126
The plaintiff would like to call
for its first witness,
410
00:18:10,220 --> 00:18:11,680
James Donovan.
411
00:18:37,332 --> 00:18:39,769
We have any green
left at all?
412
00:18:40,075 --> 00:18:43,324
Nope. It's like
a forest fire in here.
413
00:18:43,874 --> 00:18:46,293
And would you
share, for the jury,
414
00:18:46,381 --> 00:18:48,925
how it was that you
came to have the idea
415
00:18:49,038 --> 00:18:51,004
to take a selfie on the roof
416
00:18:51,092 --> 00:18:53,312
of the Flying Carpet
Pizza Parlor?
417
00:18:53,705 --> 00:18:54,879
I was with my friends
418
00:18:54,967 --> 00:18:56,691
and... we were walking
by the restaurant,
419
00:18:56,779 --> 00:18:58,121
and... one of them was saying
420
00:18:58,209 --> 00:18:59,863
how much she loved that pizza.
421
00:18:59,951 --> 00:19:02,800
So I thought, "I'm gonna get
an amazing selfie
422
00:19:02,888 --> 00:19:04,425
and get her a free slice
of pizza."
423
00:19:04,513 --> 00:19:08,410
Hmm. But where did you get
the idea to go up on the roof?
424
00:19:09,517 --> 00:19:11,785
Actually, I...
I got it from him.
425
00:19:12,107 --> 00:19:14,632
Let the record show
that the plaintiff is pointing
426
00:19:14,719 --> 00:19:16,634
at Amir Elmasry.
He never shared that with me.
427
00:19:18,936 --> 00:19:22,339
And how did Mr. Elmasry
come to give you this idea?
428
00:19:22,427 --> 00:19:24,298
To risk your life and limb
429
00:19:24,623 --> 00:19:28,011
by climbing up on the roof
of his establishment?
430
00:19:28,644 --> 00:19:31,301
Earlier that day,
I was in there
431
00:19:31,388 --> 00:19:33,043
and I saw that they had
this contest going
432
00:19:33,131 --> 00:19:34,610
where if you take a selfie
433
00:19:34,698 --> 00:19:36,222
and you post it
on social media,
434
00:19:36,465 --> 00:19:38,119
with you standing
in front of the store
435
00:19:38,238 --> 00:19:39,724
and the sign that has the pizza
436
00:19:39,812 --> 00:19:41,553
that looks like a flying carpet
in the background,
437
00:19:41,640 --> 00:19:43,381
you can qualify
to win a free slice.
438
00:19:43,966 --> 00:19:45,658
Any idea where
this is going?
439
00:19:45,746 --> 00:19:47,744
I was hungry, didn't have quiet
nough for pizza. - No. None.
440
00:19:47,831 --> 00:19:49,059
- So I went outside,
- And I have no recollection
441
00:19:49,146 --> 00:19:51,169
- took my phone and shot a selfie.
- Of ever seeing this kid in my life.
442
00:19:51,256 --> 00:19:54,754
And did you show your photo to
the defendant, to Mr. Elmasry?
443
00:19:54,842 --> 00:19:55,843
Yes, I did.
444
00:19:55,931 --> 00:19:57,175
And what happened?
445
00:19:57,296 --> 00:19:59,113
He said he had hundreds
of pictures
446
00:19:59,201 --> 00:20:00,761
that looked exactly like mine.
447
00:20:00,849 --> 00:20:04,136
In order for the selfie to win,
it had to be different.
448
00:20:05,144 --> 00:20:08,418
Is that why you decided
to do something bigger?
449
00:20:08,686 --> 00:20:10,957
Yeah.
That was the beginning of it.
450
00:20:11,544 --> 00:20:13,418
That night,
when my friend was telling me
451
00:20:13,506 --> 00:20:14,886
how much she loved that pizza,
452
00:20:14,990 --> 00:20:16,731
I thought,
"This is my chance."
453
00:20:16,819 --> 00:20:19,855
So I climbed on the roof,
and went out to the pizza
454
00:20:19,957 --> 00:20:22,133
to get a really special shot.
455
00:20:22,355 --> 00:20:23,918
Just like he told me.
456
00:20:24,260 --> 00:20:25,691
Thank you, James.
457
00:20:25,907 --> 00:20:28,475
I have no further questions
for this witness, Your Honor.
458
00:20:28,632 --> 00:20:30,011
Very well.
459
00:20:30,148 --> 00:20:32,404
Let's take a 20 minute break
and then continue
460
00:20:32,492 --> 00:20:34,519
with cross-examination.
461
00:20:34,658 --> 00:20:36,785
So you have no recollection
of meeting this boy?
462
00:20:36,873 --> 00:20:39,621
None. I have never
seen that boy before.
463
00:20:39,760 --> 00:20:41,689
Not that I can
recall, anyway.
464
00:20:41,930 --> 00:20:44,025
Wait a second.
What does that mean?
465
00:20:44,113 --> 00:20:46,900
After school, we get 40, 50 kids
in the store at a time.
466
00:20:46,988 --> 00:20:48,314
We can't tell one
from the other.
467
00:20:48,402 --> 00:20:49,822
They all start
to look the same.
468
00:20:49,910 --> 00:20:50,867
Well, they're not all the same.
469
00:20:50,955 --> 00:20:52,877
This one is suing
for $2 million.
470
00:20:52,990 --> 00:20:54,103
And he's implying
471
00:20:54,191 --> 00:20:56,353
that you gave him the idea
to go up on the roof.
472
00:20:56,441 --> 00:20:58,322
Insinuating that you
gave him permission.
473
00:20:58,410 --> 00:20:59,711
Okay, Ms. Kress, forgive me,
474
00:20:59,799 --> 00:21:01,845
but that is a stretch.
475
00:21:01,963 --> 00:21:03,960
And frankly,
I don't think it really matters.
476
00:21:04,048 --> 00:21:07,820
Mr. Colón will cross-examine
and undo whatever damage he can,
477
00:21:07,908 --> 00:21:11,697
but I assure you,
no rational juror
478
00:21:11,785 --> 00:21:12,994
is gonna believe
Mr. Elmasry
479
00:21:13,082 --> 00:21:15,127
gave anyone permission,
let alone encouraged them,
480
00:21:15,215 --> 00:21:16,494
to get up on his roof.
481
00:21:16,582 --> 00:21:17,845
Not unless they see proof.
482
00:21:18,657 --> 00:21:20,181
Well, I hope you're right.
483
00:21:23,108 --> 00:21:24,392
It's like she
keeps forgetting
484
00:21:24,480 --> 00:21:26,352
who pays who and who
works for who. Mm.
485
00:21:26,576 --> 00:21:28,236
Look, I have no idea
486
00:21:28,324 --> 00:21:30,892
whether that boy is telling
the truth or not, but...
487
00:21:31,720 --> 00:21:33,118
like I told Ms. Kress,
488
00:21:33,205 --> 00:21:34,345
at the end of the day,
489
00:21:34,433 --> 00:21:36,095
I don't think it's gonna matter.
490
00:21:37,259 --> 00:21:39,697
Hello, James.
Nice to meet you.
491
00:21:39,864 --> 00:21:41,033
Nice to meet you, sir.
492
00:21:41,256 --> 00:21:43,291
I think
that everyone here agrees
493
00:21:43,379 --> 00:21:45,213
that what happened to you
is tragic.
494
00:21:45,477 --> 00:21:47,978
And I'm fairly certain
there isn't a person
495
00:21:48,066 --> 00:21:50,634
in this room
that doesn't feel for you.
496
00:21:51,041 --> 00:21:52,268
Thank you.
497
00:21:53,353 --> 00:21:54,320
All right.
498
00:21:54,408 --> 00:21:56,576
Now, you testified under oath
499
00:21:56,663 --> 00:22:00,145
that Mr. Elmasry told you
500
00:22:00,232 --> 00:22:02,845
to come up with a different type
of selfie.
501
00:22:03,180 --> 00:22:04,801
That's right. He did.
502
00:22:05,642 --> 00:22:07,572
Ah. Well, I have
to be honest with you.
503
00:22:07,660 --> 00:22:10,272
He has no recollection
of ever having met you.
504
00:22:10,884 --> 00:22:12,916
And even if he did, he's certain
505
00:22:13,004 --> 00:22:16,861
he didn't actually tell you
to go up on a roof.
506
00:22:17,400 --> 00:22:19,291
I mean,
is it your testimony here today
507
00:22:19,379 --> 00:22:23,252
that he actually told you
to go up on his roof?
508
00:22:24,759 --> 00:22:25,845
Well, no.
509
00:22:25,933 --> 00:22:28,675
In fact,
if the evidence is to be believed,
510
00:22:28,763 --> 00:22:32,080
Mr. Elmasry took great pains
to keep people off his roof.
511
00:22:32,361 --> 00:22:33,650
Objection, Your Honor.
512
00:22:33,738 --> 00:22:35,348
Calls for speculation.
513
00:22:35,453 --> 00:22:38,065
How is my client supposed
to know what kinds of pains
514
00:22:38,214 --> 00:22:40,726
Mr. Elmasry may or
may not have taken
515
00:22:40,814 --> 00:22:42,507
to keep people
off his roof?
516
00:22:42,595 --> 00:22:43,697
I beg to differ,
517
00:22:43,785 --> 00:22:45,048
Your Honor.
518
00:22:45,158 --> 00:22:47,548
In fact, I'll wager
519
00:22:47,636 --> 00:22:50,838
that young James here has
a better understanding as to
520
00:22:50,926 --> 00:22:55,103
how tough the Elmasrys made
it to get up on that roof
521
00:22:55,292 --> 00:22:57,337
than anyone else alive.
522
00:22:57,689 --> 00:22:59,117
Objection overruled.
523
00:22:59,204 --> 00:23:00,736
You may proceed, Mr. Colón.
524
00:23:00,884 --> 00:23:02,080
Thank you, Your Honor.
525
00:23:02,948 --> 00:23:04,298
Now, James,
526
00:23:05,899 --> 00:23:07,429
you remember
this fence?
527
00:23:07,619 --> 00:23:10,533
Uh, uh... I-I don't know.
I-I guess so.
528
00:23:10,621 --> 00:23:11,839
Let me refresh your memory.
529
00:23:11,927 --> 00:23:13,886
It's a ten-foot fence.
530
00:23:14,369 --> 00:23:16,275
No way you could have gotten
onto that roof
531
00:23:16,363 --> 00:23:18,147
without climbing this first.
532
00:23:18,853 --> 00:23:22,793
Do you remember this lock
and chain around the fence?
533
00:23:23,828 --> 00:23:26,252
I-I think... I think
I saw it there, yeah.
534
00:23:27,329 --> 00:23:28,634
How about this sign?
535
00:23:28,769 --> 00:23:30,815
You remember this
sign? I mean, it was
536
00:23:30,969 --> 00:23:32,710
lit with a big floodlight.
537
00:23:32,986 --> 00:23:34,509
Kind of hard to miss.
538
00:23:35,675 --> 00:23:37,068
Yeah, I think it was there.
539
00:23:37,155 --> 00:23:38,142
You think so?
540
00:23:38,230 --> 00:23:39,470
Huh? Well,
541
00:23:39,558 --> 00:23:42,518
so, there are signs,
there are lights,
542
00:23:42,799 --> 00:23:45,932
there are locks,
and there's a ten-foot fence.
543
00:23:46,207 --> 00:23:50,119
What part of "we don't want you
here" did you not understand?
544
00:23:53,119 --> 00:23:54,838
I'm sorry.
I-I didn't hear an answer,
545
00:23:54,926 --> 00:23:56,845
Your Honor.
Nonetheless,
546
00:23:56,933 --> 00:23:59,936
I will withdraw the question
and move on to something else.
547
00:24:02,337 --> 00:24:03,833
That look
familiar, James?
548
00:24:03,986 --> 00:24:05,064
Yes.
549
00:24:05,152 --> 00:24:06,892
So, what'd you do there?
550
00:24:07,195 --> 00:24:09,939
You move that dumpster up
against the wall,
551
00:24:10,337 --> 00:24:11,892
and hoist yourself up on it,
552
00:24:12,146 --> 00:24:14,148
pulled yourself up
on the ladder?
553
00:24:15,359 --> 00:24:17,470
Let me remind you that
you are under oath.
554
00:24:17,924 --> 00:24:19,491
I'd also like to inform you
555
00:24:19,579 --> 00:24:21,364
that when police
and paramedics reported
556
00:24:21,452 --> 00:24:24,237
to the scene that night
after your fall, they noted
557
00:24:24,378 --> 00:24:28,339
that the dumpster was in the
exact same place you left it...
558
00:24:28,559 --> 00:24:31,054
Up against the wall,
beneath the ladder.
559
00:24:31,142 --> 00:24:32,627
He is very good.
560
00:24:32,887 --> 00:24:35,716
Did I mention when I found him,
he was buck naked in the woods,
561
00:24:35,865 --> 00:24:37,353
nothing but a law
book in his hands?
562
00:24:37,441 --> 00:24:39,312
So I'm gonna ask you
for the second time.
563
00:24:39,739 --> 00:24:42,619
Did you push that dumpster
up against the wall,
564
00:24:42,707 --> 00:24:44,013
hoist yourself
up on it,
565
00:24:44,128 --> 00:24:46,347
pull yourself up on the ladder
566
00:24:46,700 --> 00:24:49,094
so that you could have access
to the sign
567
00:24:49,182 --> 00:24:52,439
depicting
the Flying Carpet Pizza slice?
568
00:24:54,885 --> 00:24:56,087
Yes. Yes, I did.
569
00:24:56,182 --> 00:24:57,415
Yes, you did.
570
00:24:58,452 --> 00:25:00,445
Doesn't sound like
it was all that easy
571
00:25:00,533 --> 00:25:02,240
to get up there to me,
was it?
572
00:25:03,116 --> 00:25:04,378
No, it wasn't.
573
00:25:05,824 --> 00:25:08,470
Okay. No further questions
574
00:25:08,558 --> 00:25:09,767
for this witness,
Your Honor.
575
00:25:09,855 --> 00:25:10,947
You're excused,
576
00:25:11,035 --> 00:25:12,205
young man.
577
00:25:12,892 --> 00:25:14,596
Thanks, James.
578
00:25:15,211 --> 00:25:17,556
Can you tell us
about your son's physical
579
00:25:17,644 --> 00:25:19,341
condition, Mrs. Donovan?
580
00:25:19,962 --> 00:25:21,080
Um...
581
00:25:21,674 --> 00:25:25,610
James is a... T9 paraplegic.
582
00:25:25,698 --> 00:25:27,064
He suffers
583
00:25:27,152 --> 00:25:30,611
from paralysis
in his lower torso and legs.
584
00:25:30,921 --> 00:25:33,033
And what's the prognosis?
585
00:25:33,283 --> 00:25:35,126
Are the doctors
offering any hope
586
00:25:35,316 --> 00:25:37,744
that he might some day
be able to walk again?
587
00:25:38,510 --> 00:25:41,267
No. No, they're not.
588
00:25:43,052 --> 00:25:45,048
How old is James?
589
00:25:45,136 --> 00:25:47,119
Uh, he's 14.
590
00:25:48,304 --> 00:25:49,423
A child.
591
00:25:49,511 --> 00:25:52,248
Objection. That's up
to the jury to decide.
592
00:25:52,420 --> 00:25:53,982
Sustained.
593
00:25:57,305 --> 00:25:59,341
So, what's changed
594
00:25:59,471 --> 00:26:01,748
about your son's life
since his fall?
595
00:26:01,836 --> 00:26:03,359
God.
596
00:26:03,447 --> 00:26:05,406
Uh... everything.
597
00:26:06,848 --> 00:26:08,763
He-He's had to relearn
598
00:26:08,851 --> 00:26:10,005
things.
599
00:26:10,342 --> 00:26:12,818
How to use the bathroom.
600
00:26:12,906 --> 00:26:15,344
How to get in
and out of a car.
601
00:26:15,486 --> 00:26:18,435
How to navigate getting in
and out of his own bed.
602
00:26:18,764 --> 00:26:21,716
And is there someone
to assist him with these things?
603
00:26:22,059 --> 00:26:23,302
Just me.
604
00:26:24,491 --> 00:26:26,091
I had to quit my job.
605
00:26:27,367 --> 00:26:29,560
He, uh, he can't really
be left alone.
606
00:26:29,856 --> 00:26:31,858
And I'm guessing you're staring
607
00:26:31,946 --> 00:26:34,138
at a lot of new expenses.
608
00:26:34,430 --> 00:26:37,584
Installing ramps to make
your home wheelchair accessible?
609
00:26:38,294 --> 00:26:39,423
Buying an appropriate
610
00:26:39,511 --> 00:26:41,513
van so you can
transport him places?
611
00:26:41,601 --> 00:26:43,865
Yeah, took out a homeowner loan.
612
00:26:44,820 --> 00:26:46,325
They wouldn't give us enough
613
00:26:46,414 --> 00:26:48,959
to... do everything we needed,
614
00:26:49,466 --> 00:26:51,240
but it's a start.
615
00:26:51,783 --> 00:26:53,716
Double-check me.
Juror number one looks like
616
00:26:53,804 --> 00:26:56,241
she's about to start
a GoFundMe page for James.
617
00:26:56,406 --> 00:26:57,466
What can I tell you?
618
00:26:57,554 --> 00:26:59,121
This is very effective
testimony.
619
00:26:59,302 --> 00:27:00,868
If we polled the jury right now,
620
00:27:00,956 --> 00:27:03,115
there is not a chance in hell
of our side winning.
621
00:27:03,260 --> 00:27:05,388
And I don't think
this jury is inclined
622
00:27:05,476 --> 00:27:08,146
to leave the award
at just $2 million.
623
00:27:08,249 --> 00:27:09,701
I have nothing further.
624
00:27:13,554 --> 00:27:15,263
Concede that this
is a tragedy,
625
00:27:15,351 --> 00:27:17,962
but remind them that it's
not the Elmasrys' fault.
626
00:27:18,778 --> 00:27:20,115
Mrs. Donovan,
627
00:27:20,203 --> 00:27:24,865
before your son suffered
these life-changing injuries,
628
00:27:24,978 --> 00:27:27,677
how did he get to
and from school every day?
629
00:27:28,794 --> 00:27:30,037
He took the bus.
630
00:27:30,125 --> 00:27:31,996
- New York City bus?
- Yes.
631
00:27:32,166 --> 00:27:35,169
And he traveled
on public transit alone?
632
00:27:35,654 --> 00:27:36,865
Sometimes.
633
00:27:36,953 --> 00:27:39,162
Would he take
the subway alone, too?
634
00:27:39,599 --> 00:27:41,035
Sure. Sometimes.
635
00:27:41,123 --> 00:27:41,990
Ah.
636
00:27:42,078 --> 00:27:43,863
Did you allow him to hang out
637
00:27:43,951 --> 00:27:45,909
with his best friends
after school?
638
00:27:46,091 --> 00:27:47,427
Of course.
639
00:27:47,549 --> 00:27:49,451
Without adult
supervision?
640
00:27:50,747 --> 00:27:52,169
Depending
on where they were going
641
00:27:52,264 --> 00:27:55,153
and what they were doing,
yes.
642
00:27:55,357 --> 00:28:00,013
Ah. Now, James has a
two-year-old sister, doesn't he?
643
00:28:00,450 --> 00:28:02,709
Janie. Um,
she just turned three.
644
00:28:02,797 --> 00:28:04,495
Ah. My mistake.
645
00:28:04,967 --> 00:28:07,880
And would James ever
babysit her?
646
00:28:08,318 --> 00:28:10,505
Uh, from time to time.
647
00:28:10,685 --> 00:28:13,373
So, you trusted him
with a toddler?
648
00:28:13,542 --> 00:28:15,109
With his sister.
649
00:28:15,258 --> 00:28:16,365
- Absolutely.
- Yes, but
650
00:28:16,475 --> 00:28:18,259
you felt comfortable doing this,
651
00:28:18,347 --> 00:28:21,349
because James was
a responsible young man.
652
00:28:21,959 --> 00:28:25,021
You knew he would take his
responsibility seriously,
653
00:28:25,109 --> 00:28:28,365
and you trusted
his sense of judgement. True?
654
00:28:28,492 --> 00:28:30,647
Objection.
Compound question.
655
00:28:30,735 --> 00:28:32,084
Sustained.
656
00:28:32,279 --> 00:28:33,628
Rephrase the question.
657
00:28:34,334 --> 00:28:36,366
Now what you're telling us is,
658
00:28:36,454 --> 00:28:39,889
you treated your son
like a young adult.
659
00:28:40,197 --> 00:28:41,123
Objection.
660
00:28:41,211 --> 00:28:42,604
That's not
a question.
661
00:28:42,722 --> 00:28:45,030
Because isn't that,
in fact, what he is?
662
00:28:45,592 --> 00:28:47,303
Not a toddler
that could be
663
00:28:47,391 --> 00:28:49,568
lured into
an uncovered swimming pool
664
00:28:49,656 --> 00:28:51,922
by the shiny blue water,
665
00:28:52,614 --> 00:28:54,328
but a young man...
666
00:28:54,522 --> 00:28:56,844
who knows right from wrong.
667
00:28:57,215 --> 00:28:58,956
Who understands
when he sees
668
00:28:59,044 --> 00:29:01,250
a sign that says
"No Trespassing,"
669
00:29:01,338 --> 00:29:03,149
that means "stay away...
670
00:29:04,039 --> 00:29:05,437
for your own good."
671
00:29:06,459 --> 00:29:07,890
Isn't that right, Mrs. Donovan?
672
00:29:07,978 --> 00:29:10,031
Objection.
He's badgering the witness.
673
00:29:10,119 --> 00:29:12,077
Oh, that's all right.
674
00:29:12,554 --> 00:29:14,318
You don't have to answer that,
Mrs. Donovan.
675
00:29:14,405 --> 00:29:15,685
I know
you've been through a lot.
676
00:29:17,071 --> 00:29:18,687
No further questions,
Your Honor.
677
00:29:20,858 --> 00:29:23,339
For what it's worth,
now might be an excellent time
678
00:29:23,427 --> 00:29:26,343
to let Ms. Kress know
she's getting her money's worth.
679
00:29:26,461 --> 00:29:30,156
I am suddenly staring
at three greens and three reds.
680
00:29:31,476 --> 00:29:33,130
What are you so happy about?
681
00:29:33,218 --> 00:29:35,350
Oh, I'm just looking
at the jury.
682
00:29:37,130 --> 00:29:38,749
You own half of them now.
683
00:29:40,179 --> 00:29:41,560
Well, what are you
bragging about?
684
00:29:41,709 --> 00:29:44,085
That just means
your work is only half done.
685
00:29:48,944 --> 00:29:51,120
The plaintiff would like
to call Paul Martin
686
00:29:51,207 --> 00:29:52,514
to the stand.
687
00:29:53,529 --> 00:29:55,732
Mr. Martin,
could you please
688
00:29:55,820 --> 00:29:58,780
describe your relationship
to the Elmasrys?
689
00:29:59,460 --> 00:30:01,304
Well, I live
in the neighborhood.
690
00:30:01,561 --> 00:30:04,670
I eat their pizza.
It's damn delicious.
691
00:30:04,935 --> 00:30:06,452
Well, any idea
who this is?
692
00:30:06,540 --> 00:30:08,475
'Cause the jury is on the edge
of their seats.
693
00:30:08,658 --> 00:30:11,617
They handed us an updated
witness list when we walked in,
694
00:30:11,705 --> 00:30:14,514
but Amir said he didn't
recognize the name.
695
00:30:14,755 --> 00:30:16,449
You recognize him now?
696
00:30:16,537 --> 00:30:18,102
And would you please
697
00:30:18,190 --> 00:30:21,193
tell the jury why
you called my office?
698
00:30:21,506 --> 00:30:23,663
Why you reached out to us?
699
00:30:24,311 --> 00:30:25,197
I don't know.
700
00:30:25,284 --> 00:30:28,418
I read about the boy, how
he ended up in the wheelchair,
701
00:30:28,505 --> 00:30:29,941
and I felt badly.
702
00:30:30,249 --> 00:30:31,803
Why did you feel badly?
703
00:30:32,139 --> 00:30:33,137
Well...
704
00:30:33,225 --> 00:30:34,889
about a year ago,
705
00:30:35,522 --> 00:30:36,817
I'm walking down the sidewalk,
706
00:30:36,905 --> 00:30:40,473
right in front of Amir's place,
and bang.
707
00:30:40,842 --> 00:30:42,426
Something falls out of the sky.
708
00:30:42,514 --> 00:30:43,999
I get hit on the head.
709
00:30:44,592 --> 00:30:45,835
Felt like a rock.
710
00:30:46,163 --> 00:30:47,524
Couple of pounds, maybe.
711
00:30:47,780 --> 00:30:49,395
And I'm bleeding.
712
00:30:49,482 --> 00:30:52,303
And it feels like
it's gonna be a hell of a bump.
713
00:30:53,069 --> 00:30:54,848
And I look to see what it was.
714
00:30:54,936 --> 00:30:56,751
I pick it up off the sidewalk.
715
00:30:56,854 --> 00:30:59,552
And it's a piece
of concrete pepperoni.
716
00:31:00,568 --> 00:31:02,538
Came off
Mr. Elmasry's sign.
717
00:31:03,436 --> 00:31:04,668
And did you call
718
00:31:04,756 --> 00:31:06,817
Mr. Elmasry?
Tell him what happened?
719
00:31:06,905 --> 00:31:08,348
I didn't have to.
720
00:31:08,436 --> 00:31:10,242
He came running out of the shop.
721
00:31:10,686 --> 00:31:12,897
Took complete responsibility
for everything.
722
00:31:13,444 --> 00:31:15,129
Said I should go
to the hospital,
723
00:31:15,217 --> 00:31:17,247
get some X-rays, MRI.
724
00:31:17,335 --> 00:31:19,382
Whatever I needed,
he'd pay for everything.
725
00:31:19,469 --> 00:31:20,913
And he did.
726
00:31:21,123 --> 00:31:23,629
He just...
didn't want me to call the cops.
727
00:31:23,717 --> 00:31:27,350
And he really didn't want me
to call my insurance company.
728
00:31:27,646 --> 00:31:30,100
So, it's your testimony
729
00:31:30,262 --> 00:31:33,700
that the Elmasrys were
fully aware that their sign...
730
00:31:33,787 --> 00:31:35,756
The structure... was unsound.
731
00:31:35,844 --> 00:31:36,911
That it was a hazard.
732
00:31:36,999 --> 00:31:39,054
Objection.
Calls for speculation.
733
00:31:39,141 --> 00:31:40,309
Sustained.
734
00:31:40,397 --> 00:31:42,013
I'll withdraw the question.
735
00:31:42,499 --> 00:31:44,311
So, you did what you were told.
736
00:31:44,569 --> 00:31:46,569
You didn't notify
the authorities.
737
00:31:46,713 --> 00:31:48,541
You didn't call
your insurance company.
738
00:31:49,092 --> 00:31:50,805
I did not.
739
00:31:51,397 --> 00:31:53,285
And I can't help but wonder
if I had
740
00:31:53,372 --> 00:31:56,374
if the city
might not have gone over
741
00:31:56,670 --> 00:31:58,290
and inspected,
742
00:31:59,341 --> 00:32:01,399
made them reinforce that sign,
743
00:32:01,487 --> 00:32:04,847
then maybe that boy
might be walking today.
744
00:32:06,524 --> 00:32:08,083
Thank you, Mr. Martin.
745
00:32:08,907 --> 00:32:11,042
I have no further questions
for this witness.
746
00:32:11,899 --> 00:32:13,147
What's the damage?
747
00:32:13,235 --> 00:32:16,321
I am afraid we are hanging on
by a single green thread.
748
00:32:20,530 --> 00:32:21,923
What are you...
what are you doing?
749
00:32:22,242 --> 00:32:24,085
What does it look like
I'm doing? I'm leaving.
750
00:32:24,173 --> 00:32:25,187
Where you going?
751
00:32:25,274 --> 00:32:26,928
Can it at least wait until
we break for the day?
752
00:32:27,015 --> 00:32:29,017
Nice to meet you, Mr. Martin.
753
00:32:29,398 --> 00:32:32,070
Thank you
for coming in today.
754
00:32:33,456 --> 00:32:35,657
I still can't believe
she did it.
755
00:32:37,063 --> 00:32:39,030
And she didn't say
anything to you?
756
00:32:39,118 --> 00:32:41,303
Didn't explain herself to
you? Just got up and left?
757
00:32:41,391 --> 00:32:42,967
The minute
a bad fact came out,
758
00:32:43,055 --> 00:32:44,960
she grabbed her bag
and headed for the door.
759
00:32:45,048 --> 00:32:47,818
Well, do you want to
call her, or should I?
760
00:32:48,352 --> 00:32:50,938
I've been calling
every ten minutes.
761
00:32:55,575 --> 00:32:57,149
Something we said?
762
00:33:04,376 --> 00:33:07,619
Immunity Insurance is no longer
your partner in this case.
763
00:33:07,946 --> 00:33:09,535
Excuse me?
764
00:33:10,095 --> 00:33:12,060
You brought
this case to us.
765
00:33:12,812 --> 00:33:14,116
We were misled.
766
00:33:14,204 --> 00:33:16,641
We were given
inaccurate information.
767
00:33:16,798 --> 00:33:18,860
What kind of
inaccurate information?
768
00:33:19,390 --> 00:33:20,639
Mr. and Mrs. Elmasry
769
00:33:20,727 --> 00:33:23,092
reapplied for their insurance
eight months ago.
770
00:33:23,180 --> 00:33:26,046
And at that time,
they were specifically asked
771
00:33:26,134 --> 00:33:28,990
if there had been any accidents
on the premises,
772
00:33:29,860 --> 00:33:31,217
and they said no.
773
00:33:31,305 --> 00:33:32,624
You can't be serious.
774
00:33:32,712 --> 00:33:35,113
As far as we're concerned,
the Elmasrys committed fraud.
775
00:33:35,201 --> 00:33:37,434
They're lucky
we don't press criminal charges.
776
00:33:37,522 --> 00:33:38,660
Criminal charges?
777
00:33:38,748 --> 00:33:40,137
Their lack of honesty
778
00:33:40,225 --> 00:33:41,730
voids the policy,
779
00:33:41,818 --> 00:33:45,629
which means the insurer
has no obligation to pay a dime,
780
00:33:45,717 --> 00:33:48,381
which means that we are
withdrawing from the lawsuit.
781
00:33:48,506 --> 00:33:51,168
And that's it?
You find a loophole,
782
00:33:51,256 --> 00:33:53,551
a way of avoiding
paying out on the policy,
783
00:33:53,639 --> 00:33:56,756
and you just...
dump your client?
784
00:33:56,990 --> 00:33:58,908
Do you at least refund them
785
00:33:58,996 --> 00:34:00,563
their premium?
786
00:34:06,558 --> 00:34:08,762
If you get me your bill
with the charges to date,
787
00:34:08,850 --> 00:34:10,326
I'll see
that it's paid promptly.
788
00:34:10,561 --> 00:34:13,191
Just curious.
Shall I say goodbye
789
00:34:13,279 --> 00:34:15,201
to the Elmasrys for you?
790
00:34:19,147 --> 00:34:20,936
I take that as a no.
791
00:34:24,835 --> 00:34:26,750
It's about as good
a closing argument
792
00:34:26,837 --> 00:34:28,186
as I've ever read.
793
00:34:28,273 --> 00:34:29,535
Thank you.
794
00:34:30,154 --> 00:34:31,232
I don't think it's gonna make
795
00:34:31,319 --> 00:34:32,936
a damn bit of difference.
796
00:34:33,545 --> 00:34:35,367
The other side has a boy
in a wheelchair,
797
00:34:35,454 --> 00:34:37,064
and that's gonna be tough
to beat.
798
00:34:37,553 --> 00:34:40,162
The Elmasrys are gonna lose
their shirts, aren't they?
799
00:34:41,178 --> 00:34:44,637
Jury's gonna hand down
some crazy judgment,
800
00:34:44,724 --> 00:34:46,459
and because they have
no insurance,
801
00:34:46,547 --> 00:34:48,865
the family's gonna be forced
to sell everything.
802
00:34:50,122 --> 00:34:51,613
Including the business.
803
00:34:52,139 --> 00:34:53,342
Looks that way.
804
00:34:55,334 --> 00:34:56,873
Everybody's ready.
805
00:34:57,345 --> 00:34:59,764
I know you guys are
trying to figure out
806
00:35:00,028 --> 00:35:01,520
whether to rest
your case or not.
807
00:35:01,608 --> 00:35:04,342
I'm just not sure I'm gonna
really be of any help.
808
00:35:04,529 --> 00:35:05,537
Um, I interviewed
809
00:35:05,632 --> 00:35:08,115
the other two kids
that were with James that night,
810
00:35:08,203 --> 00:35:10,061
effectively the
only two witnesses,
811
00:35:10,149 --> 00:35:12,699
and neither of them
have anything to say
812
00:35:12,787 --> 00:35:13,796
that's gonna matter.
813
00:35:13,884 --> 00:35:15,624
Yeah, well,
we assumed as much.
814
00:35:15,834 --> 00:35:17,191
Although, there was
815
00:35:17,278 --> 00:35:19,209
this one thing that's
kind of weird, actually.
816
00:35:19,297 --> 00:35:22,100
Um, according to the
girl that was with them,
817
00:35:22,188 --> 00:35:23,668
Makayla Newton,
818
00:35:24,021 --> 00:35:26,443
James had never been to
that pizza parlor before.
819
00:35:26,803 --> 00:35:28,170
So when he testified
820
00:35:28,258 --> 00:35:29,608
that he had shown Amir
that selfie
821
00:35:29,696 --> 00:35:31,611
and Amir said
wasn't good enough,
822
00:35:32,170 --> 00:35:33,608
he essentially lied.
823
00:35:33,859 --> 00:35:35,600
So he perjured himself.
824
00:35:36,052 --> 00:35:37,122
Why?
825
00:35:37,211 --> 00:35:38,929
- What did he have to gain?
- Who knows?
826
00:35:39,016 --> 00:35:40,583
Maybe he was embarrassed
that his stunt
827
00:35:40,671 --> 00:35:43,195
ended up causing so much pain
to so many people.
828
00:35:43,515 --> 00:35:45,152
Maybe he didn't have the courage
829
00:35:45,240 --> 00:35:47,850
to tell his mother
he thought it up all by himself.
830
00:35:47,938 --> 00:35:49,015
Yeah.Whatever.
831
00:35:49,103 --> 00:35:51,928
I'm not gonna alienate the jury
by charging him with perjury,
832
00:35:52,095 --> 00:35:53,818
'cause we can't prove it,
anyway.
833
00:35:53,993 --> 00:35:56,735
Like I said, nothing
that matters.
834
00:35:57,756 --> 00:35:59,494
Anything from this side
of the table?
835
00:35:59,581 --> 00:36:00,931
All I can tell you
is the jury
836
00:36:01,018 --> 00:36:03,281
is itching to give
that boy a huge award.
837
00:36:03,442 --> 00:36:04,535
I think it's gonna make
838
00:36:04,623 --> 00:36:06,494
the original
$2 million settlement offer
839
00:36:06,582 --> 00:36:08,027
look like the deal
of the century.
840
00:36:08,115 --> 00:36:09,374
I second that.
841
00:36:10,006 --> 00:36:11,070
Taylor.
842
00:36:11,158 --> 00:36:14,161
Tell me you hacked into
Immunity Insurance e-mail
843
00:36:14,248 --> 00:36:17,092
and found a smoking gun
that will change everything.
844
00:36:17,411 --> 00:36:19,459
I hacked into Immunity
Insurance's e-mail
845
00:36:19,547 --> 00:36:21,333
and found a smoking gun,
something that just might
846
00:36:21,420 --> 00:36:22,987
change everything. - Really?
847
00:36:23,075 --> 00:36:25,120
No.
But what I did find
848
00:36:25,259 --> 00:36:27,522
is very disappointing
on a human level.
849
00:36:29,568 --> 00:36:32,005
Everyone at that insurance
company agreed with you guys.
850
00:36:32,092 --> 00:36:33,678
There must be dozens
of e-mails in there
851
00:36:33,766 --> 00:36:35,395
saying that the
$2 million number
852
00:36:35,483 --> 00:36:36,975
is a fair and
reasonable one
853
00:36:37,063 --> 00:36:38,673
and that Avery
should move on it.
854
00:36:38,761 --> 00:36:39,763
And?
855
00:36:39,851 --> 00:36:41,092
And Avery argued back
856
00:36:41,180 --> 00:36:42,879
that while it would be a
good offer for the plaintiff
857
00:36:42,966 --> 00:36:45,303
and would obviously have taken
the Elmasrys off the hook,
858
00:36:45,391 --> 00:36:47,824
it was bad for
Immunity Insurance.
859
00:36:47,912 --> 00:36:49,701
Would set a horrible
legal precedent
860
00:36:49,789 --> 00:36:52,182
and would only reinforce
the idea that people,
861
00:36:52,270 --> 00:36:55,723
especially young people who
indulge in risky behavior,
862
00:36:55,904 --> 00:36:58,727
can expect big cash payouts
if they have an accident.
863
00:36:58,935 --> 00:37:00,815
That they needed to draw
a line in the sand.
864
00:37:00,903 --> 00:37:02,490
That this was the
case to do it with.
865
00:37:02,578 --> 00:37:04,826
Well, I suppose
it's their right.
866
00:37:05,536 --> 00:37:07,436
Actually, I'm not sure it is.
867
00:37:08,052 --> 00:37:09,563
Benny, call down
to the courthouse,
868
00:37:09,651 --> 00:37:11,850
see if you can't postpone today.
869
00:37:12,630 --> 00:37:14,787
I want to call
another settlement meeting.
870
00:37:15,052 --> 00:37:17,014
Really? With who?
871
00:37:17,223 --> 00:37:19,834
With James and his mother
and the Elmasrys
872
00:37:19,922 --> 00:37:21,443
- and Avery.
- Avery?
873
00:37:21,531 --> 00:37:24,092
But she and her company
withdrew from the case.
874
00:37:24,180 --> 00:37:25,529
I know.
875
00:37:25,763 --> 00:37:27,920
Tell her I need her here.
876
00:37:28,235 --> 00:37:30,107
Uh, tell her
it's about the bill.
877
00:37:30,194 --> 00:37:31,795
I don't care.
Just get her over here.
878
00:37:31,930 --> 00:37:33,236
What time
were you thinking?
879
00:37:33,324 --> 00:37:35,413
I was thinking the others
should be here at 2:00.
880
00:37:35,623 --> 00:37:37,427
Have Avery be here at 1:00.
881
00:37:41,099 --> 00:37:42,615
Ms. Kress. Yes?
882
00:37:42,703 --> 00:37:45,177
Dr. Bull and Mr. Colón
are waiting for you.
883
00:37:48,791 --> 00:37:50,314
Dr. Bull.
884
00:37:50,605 --> 00:37:51,896
Mr. Colón.
885
00:37:52,599 --> 00:37:54,131
Am I on trial?
886
00:37:54,357 --> 00:37:56,185
Ms. Kress. Of course not.
887
00:37:56,523 --> 00:37:57,841
Well, what's so pressing?
888
00:37:57,929 --> 00:38:00,412
This can't really be
about your bill.
889
00:38:00,521 --> 00:38:03,792
Looks like you have every toy
that a lawyer
890
00:38:03,879 --> 00:38:05,982
or a trial scientist
could fit in here.
891
00:38:06,435 --> 00:38:08,019
No, we just wanted to invite you
892
00:38:08,107 --> 00:38:09,192
to a little
settlement conference
893
00:38:09,279 --> 00:38:10,177
we're putting together.
894
00:38:10,265 --> 00:38:13,529
Yeah. Your old clients
the Elmasrys will be there.
895
00:38:13,873 --> 00:38:15,669
So will the attorney
for James Donovan.
896
00:38:15,807 --> 00:38:17,490
We didn't want you
to feel left out.
897
00:38:18,633 --> 00:38:20,679
Huh. I-I'm confused.
898
00:38:20,766 --> 00:38:24,074
You know I withdrew
from this case.
899
00:38:24,161 --> 00:38:27,245
You know Immunity
no longer insures the Elmasrys.
900
00:38:27,333 --> 00:38:28,469
We know.
901
00:38:28,818 --> 00:38:31,013
We just thought
you might want to reconsider.
902
00:38:31,355 --> 00:38:33,270
Really? Why?
903
00:38:33,630 --> 00:38:36,779
Oh, a little legal thing
called bad faith.
904
00:38:37,623 --> 00:38:39,958
Are you two accusing me
of something?
905
00:38:40,095 --> 00:38:42,201
We're offering you
a second chance.
906
00:38:42,341 --> 00:38:45,007
And those don't come around
very often,
907
00:38:45,095 --> 00:38:47,138
so let's review your options.
Option one.
908
00:38:47,226 --> 00:38:49,271
We continue with the trial,
909
00:38:49,359 --> 00:38:52,654
and the jury
finds in favor of James
910
00:38:52,810 --> 00:38:54,930
to the tune of maybe $8 million?
911
00:38:55,017 --> 00:38:56,925
And the Elmasrys
don't have $8 million.
912
00:38:57,013 --> 00:38:58,108
So then,
913
00:38:58,195 --> 00:39:00,365
with our help, they sue you.
914
00:39:02,155 --> 00:39:03,330
For?
915
00:39:03,417 --> 00:39:05,435
- The aforementioned bad faith.
- Oh,
916
00:39:05,523 --> 00:39:07,612
did we forget to mention that...
917
00:39:07,935 --> 00:39:09,841
we've got a dozen e-mails here
918
00:39:09,929 --> 00:39:12,949
that say your company
was fully aware
919
00:39:13,037 --> 00:39:15,734
of the $2 million offer
that you originally gave
920
00:39:15,821 --> 00:39:17,308
and found it
completely reasonable.
921
00:39:17,396 --> 00:39:18,824
Better than reasonable,
922
00:39:18,911 --> 00:39:21,005
considering it is
an insurance company
923
00:39:21,093 --> 00:39:25,005
going up against a teenager
in a wheelchair.
924
00:39:25,919 --> 00:39:27,615
But you turned it down.
925
00:39:27,935 --> 00:39:29,530
Not because
you were trying to do
926
00:39:29,617 --> 00:39:30,771
what's best
for the Elmasrys
927
00:39:30,859 --> 00:39:33,138
but because your company
was trying to prove a point.
928
00:39:33,451 --> 00:39:35,536
A point you apparently
were willing to make
929
00:39:35,623 --> 00:39:36,724
at your client's expense,
930
00:39:36,812 --> 00:39:39,467
which is not the way
it's supposed to be done.
931
00:39:40,138 --> 00:39:41,325
Isn't it?
932
00:39:41,599 --> 00:39:42,978
You know as well as I do
933
00:39:43,065 --> 00:39:44,928
insurance companies aren't
in the business of paying out
934
00:39:45,015 --> 00:39:46,843
just so everyone
can feel good.
935
00:39:47,270 --> 00:39:49,854
That boy was old enough
to understand his actions.
936
00:39:49,942 --> 00:39:52,154
We were perfectly
within our rights to litigate.
937
00:39:52,242 --> 00:39:53,771
But you did not litigate.
938
00:39:53,859 --> 00:39:55,904
You walked out
halfway through.
939
00:39:56,512 --> 00:39:57,857
The Elmasrys lied.
940
00:39:57,945 --> 00:40:01,583
The Elmasrys tried to save you
and themselves some money
941
00:40:01,693 --> 00:40:03,608
because they knew
if they filed a claim,
942
00:40:03,695 --> 00:40:05,436
you would raise their rates.
943
00:40:06,567 --> 00:40:07,646
And we would have.
944
00:40:07,734 --> 00:40:08,742
And you know
945
00:40:08,830 --> 00:40:11,404
damn well if you voided
every policy you sold
946
00:40:11,616 --> 00:40:14,532
because the insured
failed to file a claim,
947
00:40:14,619 --> 00:40:16,795
you'd have virtually
no customers.
948
00:40:17,615 --> 00:40:18,797
You got into this trial
949
00:40:18,884 --> 00:40:21,019
and quickly realized
what I told you is true.
950
00:40:21,107 --> 00:40:23,495
It is almost impossible to win
951
00:40:23,583 --> 00:40:26,718
against a minor in a wheelchair,
no matter how he got there.
952
00:40:26,805 --> 00:40:29,068
And so you started looking
for a loophole,
953
00:40:29,155 --> 00:40:31,623
any loophole,
that would let you walk away.
954
00:40:31,799 --> 00:40:33,701
You acted in bad faith.
955
00:40:34,451 --> 00:40:36,944
You weren't looking out for
the people you agreed to insure.
956
00:40:37,032 --> 00:40:39,904
You were looking out
for yourself and your company.
957
00:40:40,318 --> 00:40:42,037
And New York
state law is very clear.
958
00:40:42,125 --> 00:40:44,052
If Immunity Insurance acted
in bad faith,
959
00:40:44,140 --> 00:40:45,779
they are on the hook
960
00:40:45,867 --> 00:40:48,511
for whatever number
the jury comes up with.
961
00:40:48,599 --> 00:40:50,456
And I got to tell you,
962
00:40:50,544 --> 00:40:52,439
they're gonna come up
with a whopper.
963
00:40:53,399 --> 00:40:55,755
Which brings us
to your other option.
964
00:40:57,101 --> 00:40:58,429
Why don't you come upstairs
with us
965
00:40:58,516 --> 00:41:00,040
before the jury comes back
with a verdict?
966
00:41:00,127 --> 00:41:01,912
Give that boy $4 million,
967
00:41:02,000 --> 00:41:04,833
$2 million more
than the original offer,
968
00:41:05,104 --> 00:41:07,910
and let the Elmasrys
keep their business,
969
00:41:07,998 --> 00:41:09,216
and we can just...
970
00:41:09,304 --> 00:41:11,175
make this whole thing go away.
971
00:41:12,164 --> 00:41:13,643
You know, Bull,
972
00:41:13,816 --> 00:41:17,435
if we sue Immunity
on behalf of the Elmasrys,
973
00:41:18,107 --> 00:41:19,944
I'm betting discovery
would come up
974
00:41:20,032 --> 00:41:22,191
with a whole lot more
interesting e-mails.
975
00:41:22,279 --> 00:41:23,466
Hmm. Benny.
976
00:41:23,554 --> 00:41:25,443
You just might be
onto something.
977
00:41:27,896 --> 00:41:30,825
If you're right
about the jury,
978
00:41:30,912 --> 00:41:32,873
if you're really convinced
979
00:41:32,990 --> 00:41:34,960
that they're going to ask
for $8 million,
980
00:41:35,154 --> 00:41:38,349
why would the plaintiff
settle for $4 million?
981
00:41:38,447 --> 00:41:39,443
Well, it turns out
982
00:41:39,531 --> 00:41:41,662
he wasn't completely truthful
on the stand,
983
00:41:41,750 --> 00:41:44,797
and once I tell his attorney
we're gonna go and talk
984
00:41:44,885 --> 00:41:48,005
to the judge about it, I think
she's gonna settle right away.
985
00:41:48,693 --> 00:41:49,912
Shall we head up?
986
00:41:51,458 --> 00:41:52,469
Let's.
987
00:41:52,629 --> 00:41:53,630
Hey!
988
00:41:53,718 --> 00:41:55,037
Anybody else hungry?
989
00:41:55,125 --> 00:41:57,560
Anybody else feel like pizza?
990
00:41:58,950 --> 00:42:02,563
Maybe we can get the Elmasrys
to bring a pie over with them.
991
00:42:02,767 --> 00:42:03,982
Is it really that good?
992
00:42:04,070 --> 00:42:05,985
Oh, I hear it's great.
993
00:42:06,208 --> 00:42:07,470
Call them.
994
00:42:07,862 --> 00:42:09,318
You're kind of pushy,
you know that?
995
00:42:09,406 --> 00:42:11,769
Hey. You don't have to like her.
996
00:42:11,857 --> 00:42:13,457
You just have to defend her.
Captioned by
997
00:42:13,545 --> 00:42:15,865
Media Access Group at WGBH
Sync corrections by srjanapala
73404
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