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1
00:00:03,447 --> 00:00:05,251
I really can't believe
you spent money on that.
2
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I had those when I was, like, six.
3
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Hey, they're vintage, dude.
4
00:00:10,305 --> 00:00:11,872
Have you two been here before?
5
00:00:13,847 --> 00:00:15,305
Mm, Amir's?
6
00:00:15,329 --> 00:00:16,915
Never been here.
7
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Is it good?
8
00:00:18,419 --> 00:00:19,787
Oh, man.
9
00:00:19,811 --> 00:00:22,137
Oh, and they do this thing,
it's like a contest.
10
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You take a selfie
11
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with the slice of pizza in the shot,
12
00:00:24,990 --> 00:00:27,752
and if the owner likes it,
you get a free slice of pizza.
13
00:00:27,776 --> 00:00:29,580
Okay.
14
00:00:29,604 --> 00:00:30,842
Wh-What are you doing?
15
00:00:30,866 --> 00:00:32,563
Banking myself a piece of pizza.
16
00:00:36,174 --> 00:00:37,501
What do you think?
17
00:00:37,525 --> 00:00:39,242
That isn't going to get
you a glass of water.
18
00:00:39,266 --> 00:00:41,026
They've got hundreds of pictures in there
19
00:00:41,050 --> 00:00:43,637
all over the wall
that look just like that one.
20
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Stay right here.
21
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Hey.
22
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Ah-ha-ha. I'm impressed.
23
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Nice, James.
24
00:01:55,855 --> 00:01:57,050
Come on down, James.
25
00:01:57,074 --> 00:01:59,539
Somebody's gonna come by and hear us.
26
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Give me a second.
27
00:02:05,700 --> 00:02:07,417
Oh, my God.
28
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I can't look.
29
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James!
30
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Oh, my God.
31
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James!
32
00:02:28,462 --> 00:02:30,309
James?
33
00:02:30,333 --> 00:02:34,269
My client was a healthy,
vibrant 14-year-old boy.
34
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He loved to play baseball,
35
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go rock climbing,
36
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swimming in the summer,
sledding in the winter.
37
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Now he has to spend the rest of his life
38
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- in a wheelchair.
- And my client,
39
00:02:46,063 --> 00:02:49,633
Immunity Insurance, shares your
sense of despair about that.
40
00:02:49,657 --> 00:02:53,427
But... nonetheless,
this is clearly a tragedy
41
00:02:53,451 --> 00:02:55,290
of your client's own making.
42
00:02:55,314 --> 00:02:58,070
No one asked him to
climb up on that roof.
43
00:02:58,094 --> 00:03:01,023
No one compelled him to
sit on a piece of signage
44
00:03:01,047 --> 00:03:03,995
that was clearly not meant
to support his weight.
45
00:03:04,019 --> 00:03:05,649
So why are we here?
46
00:03:05,977 --> 00:03:08,129
Why invite us to a settlement conference
47
00:03:08,153 --> 00:03:10,305
if you have no intention of settling?
48
00:03:10,329 --> 00:03:11,785
Ask the court.
49
00:03:12,175 --> 00:03:15,658
As the insurers for Amir's
Flying Carpet Pizza Parlor,
50
00:03:15,682 --> 00:03:18,487
my company has decided
to take the position
51
00:03:18,511 --> 00:03:22,143
that we bear no liability
for James Donovan's injuries,
52
00:03:22,167 --> 00:03:26,147
regardless of how tragic they are.
53
00:03:26,171 --> 00:03:27,235
Seriously?
54
00:03:27,259 --> 00:03:28,366
Seriously.
55
00:03:28,390 --> 00:03:30,151
We're prepared to go to trial.
56
00:03:30,175 --> 00:03:32,022
I should have assumed as much
57
00:03:32,046 --> 00:03:35,417
when you invited us to a meeting
at a trial science company.
58
00:03:35,441 --> 00:03:37,462
We sympathize with James
59
00:03:37,486 --> 00:03:40,683
and his family, but we also believe
60
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that any rational jury will find
61
00:03:42,709 --> 00:03:44,382
that the owners of the establishment,
62
00:03:44,406 --> 00:03:47,409
the Elmasry family,
have done nothing wrong.
63
00:03:47,410 --> 00:03:50,258
The fact is, your client was trespassing.
64
00:03:50,282 --> 00:03:51,912
No. No, I'm sorry.
65
00:03:51,936 --> 00:03:54,088
Your client was negligent.
66
00:03:54,112 --> 00:03:58,541
They installed a giant,
illuminated slice of pizza
67
00:03:58,565 --> 00:04:00,355
on top of a two-story building.
68
00:04:00,849 --> 00:04:03,576
It practically screamed
to children, "Climb me."
69
00:04:03,600 --> 00:04:05,795
I gather you're planning to invoke
70
00:04:05,819 --> 00:04:08,102
the attractive nuisance doctrine?
71
00:04:08,607 --> 00:04:09,930
If the shoe fits.
72
00:04:09,954 --> 00:04:11,840
- It doesn't.
- If I may...
73
00:04:12,429 --> 00:04:13,628
interject.
74
00:04:13,653 --> 00:04:15,588
The fact that we are having
75
00:04:15,612 --> 00:04:18,242
the meeting here
does not automatically negate
76
00:04:18,266 --> 00:04:19,896
the possibility of a settlement,
77
00:04:19,920 --> 00:04:22,595
or I would not have agreed to host it.
78
00:04:22,619 --> 00:04:25,119
Secondly, the attractive
nuisance doctrine
79
00:04:25,143 --> 00:04:27,164
to which you are referring
80
00:04:27,188 --> 00:04:28,949
is intended to protect toddlers
81
00:04:28,973 --> 00:04:31,430
from being lured
into hazardous situations,
82
00:04:31,454 --> 00:04:34,955
like an unfenced pool
or a broken trampoline.
83
00:04:34,979 --> 00:04:36,913
Your client is not a toddler,
84
00:04:36,937 --> 00:04:39,133
and this is not one of those situations.
85
00:04:39,157 --> 00:04:41,135
James Donovan had
enough physical strength
86
00:04:41,159 --> 00:04:42,910
and mental acuity
87
00:04:42,934 --> 00:04:46,793
to ignore large, illuminated signage,
88
00:04:47,479 --> 00:04:49,359
scale a chain-link fence,
89
00:04:49,383 --> 00:04:53,885
climb a two-story building
and hoist himself upon a roof.
90
00:04:53,909 --> 00:04:56,627
You can't blame that on the Elmasrys.
91
00:04:56,651 --> 00:04:58,107
The Elmasrys lured him in
92
00:04:58,131 --> 00:05:02,459
with their "selfie gets you
a free slice" promotion.
93
00:05:02,483 --> 00:05:05,070
They created a social media campaign
94
00:05:05,094 --> 00:05:08,117
that encouraged children to compete
95
00:05:08,141 --> 00:05:11,250
to see who could take the most
attention-getting selfie.
96
00:05:11,274 --> 00:05:13,296
Nowhere in their entreaties did it say:
97
00:05:13,320 --> 00:05:15,298
"Do not climb on our building."
98
00:05:15,322 --> 00:05:19,781
Okay. The court mandated a
pretrial settlement conference.
99
00:05:20,528 --> 00:05:22,044
We have conferred.
100
00:05:22,068 --> 00:05:25,134
Now give us your demands
so we can be done with it.
101
00:05:25,158 --> 00:05:28,224
We know that the Elmasrys'
policy with Immunity Insurance
102
00:05:28,248 --> 00:05:30,443
is capped at $2 million.
103
00:05:30,467 --> 00:05:34,621
We also know how lengthy and
expensive litigation will be.
104
00:05:34,901 --> 00:05:37,799
With that in mind,
the Donovans are prepared
105
00:05:37,823 --> 00:05:41,324
to settle for the full $2 million.
106
00:05:41,348 --> 00:05:43,326
Well, thank you for coming by.
107
00:05:43,350 --> 00:05:45,458
Don't you at least want
to run it up the flagpole
108
00:05:45,482 --> 00:05:46,808
before rejecting it?
109
00:05:46,832 --> 00:05:48,548
I am the flagpole.
110
00:05:48,572 --> 00:05:52,335
Of course, I will run it by the Elmasrys,
111
00:05:52,359 --> 00:05:54,462
but I already know
what the answer will be.
112
00:05:56,015 --> 00:05:57,668
See you in court.
113
00:06:07,225 --> 00:06:10,179
$2 million would have been
a pretty good resolution.
114
00:06:10,687 --> 00:06:13,095
You didn't even counter.
We probably could have
115
00:06:13,119 --> 00:06:15,401
gotten them down to about
a million and a half.
116
00:06:15,425 --> 00:06:17,839
That's why I hired the two of you.
117
00:06:18,111 --> 00:06:20,363
We're gonna get them down to nothing.
118
00:06:20,387 --> 00:06:21,843
Ms. Kress,
119
00:06:21,867 --> 00:06:23,453
uh, I'm gonna be honest with you.
120
00:06:23,477 --> 00:06:24,889
We're thrilled to have your business,
121
00:06:24,913 --> 00:06:27,762
thrilled to do all we can
to help you and your company
122
00:06:27,786 --> 00:06:30,721
achieve legal success
in this case, but...
123
00:06:30,745 --> 00:06:32,462
Mr. Col�n is right.
124
00:06:32,486 --> 00:06:35,682
I'd seriously ask you to
reconsider their proposal
125
00:06:35,706 --> 00:06:37,172
and avoid trial.
126
00:06:37,708 --> 00:06:40,513
This is a trial science company.
127
00:06:40,537 --> 00:06:42,994
I thought you were
all about going to trial.
128
00:06:43,018 --> 00:06:44,430
I don't understand.
129
00:06:44,454 --> 00:06:46,824
Well, Ms. Kress, put yourself
in the jury's shoes.
130
00:06:46,848 --> 00:06:49,392
Every morning they walk into that court,
131
00:06:49,416 --> 00:06:51,698
and they see a boy in a wheelchair.
132
00:06:51,722 --> 00:06:53,700
Then they look to the other side
of the courtroom,
133
00:06:53,724 --> 00:06:57,400
and they see you, me and
Dr. Bull doing everything we can
134
00:06:57,424 --> 00:07:01,404
to avoid giving that boy money
your company can easily afford.
135
00:07:01,428 --> 00:07:03,406
Money your customers,
the very nice family
136
00:07:03,430 --> 00:07:05,277
who own the pizza parlor,
137
00:07:05,301 --> 00:07:07,410
have every right to expect you
to pay on their behalf.
138
00:07:07,434 --> 00:07:08,933
This is a premises liability suit.
139
00:07:08,957 --> 00:07:11,544
How many hundreds of these
do you deal with a week?
140
00:07:11,568 --> 00:07:13,155
Many hundreds.
141
00:07:13,179 --> 00:07:14,896
Then explain the math to me,
142
00:07:14,920 --> 00:07:16,636
'cause I can't quite figure it out.
143
00:07:16,660 --> 00:07:19,030
You'd rather give my company
a million dollars
144
00:07:19,054 --> 00:07:21,076
and spend all the other costs
145
00:07:21,100 --> 00:07:23,774
associated with taking
this thing to court...
146
00:07:23,798 --> 00:07:26,777
than give a crippled child $2 million?
147
00:07:26,801 --> 00:07:29,824
Oh, it isn't that
that we take issue with.
148
00:07:29,848 --> 00:07:32,478
It's the selfie of it all.
149
00:07:32,502 --> 00:07:35,481
You would be shocked how many
people are injured or killed
150
00:07:35,505 --> 00:07:39,345
doing something that requires
all of their attention
151
00:07:39,369 --> 00:07:41,452
while pointing a phone at themselves.
152
00:07:41,476 --> 00:07:42,967
Oh, I know.
153
00:07:42,991 --> 00:07:44,839
People fall into the Grand Canyon.
154
00:07:44,863 --> 00:07:46,536
They get mauled by zoo animals.
155
00:07:46,560 --> 00:07:49,582
Selfie culture is a complex mixture
156
00:07:49,606 --> 00:07:52,063
of identity, expression, self-esteem.
157
00:07:52,087 --> 00:07:54,500
But... I am reasonably certain
158
00:07:54,524 --> 00:07:56,938
you can't litigate it out of existence.
159
00:07:56,962 --> 00:07:59,201
Well, my company is determined to try.
160
00:07:59,671 --> 00:08:03,683
The question is, will we do it
with the two of you at our side?
161
00:08:03,707 --> 00:08:05,468
The trial hasn't started yet.
162
00:08:05,492 --> 00:08:07,078
You can still bow out.
163
00:08:07,102 --> 00:08:10,299
Happy to give some other firm
that million.
164
00:08:10,323 --> 00:08:12,040
And yes...
165
00:08:12,064 --> 00:08:16,438
I know you two boys
are supposed to be the best...
166
00:08:16,982 --> 00:08:20,918
but if second best is all
that's available to us...
167
00:08:21,234 --> 00:08:23,858
I promise you we'll make do.
168
00:08:27,326 --> 00:08:28,956
Like I said before...
169
00:08:29,534 --> 00:08:31,973
we're happy to take your money,
Ms. Kress.
170
00:08:32,287 --> 00:08:34,584
Yes. Well...
171
00:08:34,608 --> 00:08:37,611
it turns out almost everyone is.
172
00:08:40,005 --> 00:08:42,007
See you at trial, gentlemen.
173
00:08:45,008 --> 00:08:47,989
We just have to defend them.
We don't have to like them.
175
00:08:54,472 --> 00:08:56,973
Meet the plaintiff... James Donovan.
176
00:08:57,604 --> 00:09:00,150
Wow. What a sweet-looking kid.
177
00:09:00,398 --> 00:09:03,414
And we're on which side
of this particular dispute?
178
00:09:03,438 --> 00:09:04,806
Don't be a wise guy.
179
00:09:05,403 --> 00:09:06,896
And this is the last photo
180
00:09:06,920 --> 00:09:10,638
James took before he fell
two stories to the sidewalk.
181
00:09:10,662 --> 00:09:12,229
Scary.
182
00:09:12,253 --> 00:09:14,294
And this is James today.
183
00:09:15,319 --> 00:09:16,688
What a nightmare.
184
00:09:16,712 --> 00:09:18,472
Will this kid ever walk again?
185
00:09:18,496 --> 00:09:19,996
Based on the severity
186
00:09:20,020 --> 00:09:24,130
of his injuries and the current
state of medical technology,
187
00:09:24,154 --> 00:09:26,375
I'd say that's highly unlikely.
188
00:09:26,399 --> 00:09:29,263
But frankly, that's really a question
189
00:09:29,287 --> 00:09:31,774
for his family's
health insurance provider.
190
00:09:31,775 --> 00:09:34,928
Our focus needs to be on making a case
191
00:09:34,952 --> 00:09:38,323
that the willful trespassing
that went on here
192
00:09:38,347 --> 00:09:40,265
exempts this as a claim
193
00:09:40,289 --> 00:09:42,980
against the property owner's
commercial liability insurance.
194
00:09:43,004 --> 00:09:44,808
This is Avery Kress.
195
00:09:44,832 --> 00:09:46,858
- Ah.
- Senior vice president
196
00:09:46,882 --> 00:09:49,595
of claims at Immunity Insurance.
197
00:09:49,619 --> 00:09:50,988
Our client.
198
00:09:51,282 --> 00:09:52,598
Nice to meet you all.
199
00:09:52,622 --> 00:09:54,165
I just had breakfast with Dr. Bull,
200
00:09:54,189 --> 00:09:57,516
and he suggested that I stop by
and sit in on your...
201
00:09:57,540 --> 00:09:59,766
strategy session.
202
00:09:59,790 --> 00:10:01,965
Look, the burden of proof
203
00:10:01,989 --> 00:10:05,306
is on the plaintiffs to prove negligence.
204
00:10:05,672 --> 00:10:09,988
Our job is to demonstrate that
the owners did everything right.
205
00:10:10,012 --> 00:10:11,867
Fences. Locks.
206
00:10:11,891 --> 00:10:14,773
We have to prove they made it
as hard as they could
207
00:10:14,797 --> 00:10:16,709
for anyone to get up on that roof.
208
00:10:17,200 --> 00:10:20,035
I don't know.
I don't want to just roll over
209
00:10:20,035 --> 00:10:21,751
and buy into the plaintiff's theory
210
00:10:21,775 --> 00:10:23,710
that just because the victim is a minor,
211
00:10:23,734 --> 00:10:27,292
that he's covered by the
attractive nuisance doctrine.
212
00:10:27,316 --> 00:10:29,107
The boy is 14.
213
00:10:29,131 --> 00:10:30,935
He is not an infant.
214
00:10:30,959 --> 00:10:32,719
He should have known better.
215
00:10:33,449 --> 00:10:35,504
Eh. It's never a great
thing to blame the victim,
216
00:10:35,528 --> 00:10:37,811
especially if the victim's
in a wheelchair.
217
00:10:38,329 --> 00:10:39,944
Forgive me for being blunt,
218
00:10:39,968 --> 00:10:41,641
but I don't think the face of this case
219
00:10:41,665 --> 00:10:43,295
should be the big bad insurance company.
220
00:10:43,319 --> 00:10:46,341
I think it should be the owner
of the pizza restaurant.
221
00:10:46,365 --> 00:10:49,225
The people who stand to lose everything
222
00:10:49,249 --> 00:10:51,042
when they've done nothing wrong.
223
00:10:51,066 --> 00:10:53,479
Now that's something the jury
could hang their hat on,
224
00:10:53,503 --> 00:10:55,350
and that's something
the jury could relate to.
225
00:10:55,374 --> 00:10:56,656
I don't agree.
226
00:10:56,680 --> 00:10:58,919
I'm telling you,
it'll come across as callous.
227
00:10:58,943 --> 00:11:00,814
Not if you finesse it.
228
00:11:04,105 --> 00:11:06,666
Well, uh, what does Dr. Bull think?
229
00:11:06,690 --> 00:11:08,711
Well, I guess we'll see.
230
00:11:08,735 --> 00:11:11,192
We have voir dire in three hours.
231
00:11:11,216 --> 00:11:13,586
Maybe the secret lies somewhere
in the middle.
232
00:11:14,324 --> 00:11:15,675
How do you mean?
233
00:11:15,699 --> 00:11:17,155
Yeah, how do you mean?
234
00:11:17,179 --> 00:11:20,898
Well, maybe we let our narrative
embrace... both ideas.
235
00:11:20,922 --> 00:11:22,900
Present them as if
they complement each other,
236
00:11:22,924 --> 00:11:23,944
which they do.
237
00:11:23,968 --> 00:11:25,380
I don't follow.
238
00:11:26,002 --> 00:11:27,861
We make sure the jury sees your clients
239
00:11:27,885 --> 00:11:29,515
as responsible business owners
240
00:11:29,539 --> 00:11:31,996
who took every possible precaution.
241
00:11:32,926 --> 00:11:34,607
Then we make sure they see James
242
00:11:34,631 --> 00:11:37,262
as a mature young man
who has to be held responsible
243
00:11:37,286 --> 00:11:38,611
for his reckless choices.
244
00:11:38,635 --> 00:11:40,004
He doesn't get a free pass
245
00:11:40,028 --> 00:11:42,101
just because he got badly hurt.
246
00:11:45,813 --> 00:11:48,360
Mr. Elmasry, Mrs. Elmasry.
247
00:11:48,384 --> 00:11:50,536
My name's Dr. Jason Bull.
I'll be spearheading
248
00:11:50,560 --> 00:11:51,841
your defense here in court.
249
00:11:51,865 --> 00:11:53,365
Allow me to introduce
your attorney of record,
250
00:11:53,389 --> 00:11:54,627
Mr. Benjamin Col�n.
251
00:11:54,651 --> 00:11:56,063
Pleasure to meet you both.
252
00:11:56,087 --> 00:11:57,369
So I'm guessing Mr. Elmasry
253
00:11:57,393 --> 00:11:59,458
will sit up here with you and me,
254
00:11:59,482 --> 00:12:01,503
and Mr. Col�n and, uh,
255
00:12:01,527 --> 00:12:02,809
Mrs. Elmasry, you'll sit in the gallery
256
00:12:02,833 --> 00:12:03,810
- directly behind us.
- Actually,
257
00:12:03,834 --> 00:12:05,029
here's what I'd like to do.
258
00:12:05,053 --> 00:12:06,508
I'd like to have
the two of you sit up here
259
00:12:06,532 --> 00:12:08,032
at the defense table with Mr. Col�n,
260
00:12:08,544 --> 00:12:11,755
and you and I will be in the gallery.
261
00:12:13,174 --> 00:12:15,735
I think it's important
when the jury looks over
262
00:12:15,759 --> 00:12:17,258
at the defense table, they are reminded
263
00:12:17,282 --> 00:12:20,653
that the only people with
anything to lose at this trial
264
00:12:20,677 --> 00:12:22,307
are a hard-working family,
265
00:12:22,331 --> 00:12:24,048
not a gaggle of well-dressed,
266
00:12:24,072 --> 00:12:26,311
well-paid executives and lawyers.
267
00:12:26,335 --> 00:12:29,618
Plus, it'll give you a chance
to see what it is I do
268
00:12:29,642 --> 00:12:32,297
that your company is paying so much for.
269
00:12:34,082 --> 00:12:36,451
Any chance I could steal you
for five minutes
270
00:12:36,475 --> 00:12:38,408
before we get this thing started?
271
00:12:39,003 --> 00:12:41,329
She's a real piece of work,
our Ms. Kress.
272
00:12:41,480 --> 00:12:43,023
You can say that again.
273
00:12:43,047 --> 00:12:44,998
She's a real piece of work.
274
00:12:45,441 --> 00:12:47,288
Now that we've got that out of the way,
275
00:12:47,312 --> 00:12:50,074
how do you suggest we curate a jury
276
00:12:50,098 --> 00:12:52,554
that will look past
a kid in a wheelchair?
277
00:12:52,578 --> 00:12:55,731
Well, in this case, it's
not so much about selecting
278
00:12:55,755 --> 00:12:57,777
as it is about de-selecting.
279
00:12:57,801 --> 00:13:00,693
Anyone with a pulse is gonna
take one look at the plaintiff
280
00:13:00,717 --> 00:13:03,261
and want to help him, want
to do something for him.
281
00:13:03,285 --> 00:13:05,611
Got it. So we eliminate
anyone with a pulse.
282
00:13:05,635 --> 00:13:07,700
Or, failing that,
283
00:13:07,724 --> 00:13:11,225
we minimize the presence
of sentimentalists.
284
00:13:11,249 --> 00:13:13,097
'Cause we want jurors who
lead with their heads.
285
00:13:13,121 --> 00:13:16,709
Who prioritize logic
and reason over emotion.
286
00:13:16,733 --> 00:13:19,103
People who will be able to see clearly
287
00:13:19,127 --> 00:13:20,713
that our client isn't responsible
288
00:13:20,737 --> 00:13:22,236
for what happened to James.
289
00:13:22,702 --> 00:13:24,586
James is.
290
00:13:24,610 --> 00:13:26,719
Good afternoon, everyone.
291
00:13:26,743 --> 00:13:28,503
So let's imagine
292
00:13:28,527 --> 00:13:31,593
there's a hurricane
barreling down on your town.
293
00:13:31,617 --> 00:13:33,726
Wind, rain,
294
00:13:33,750 --> 00:13:35,902
emergency crews, the whole nine yards.
295
00:13:35,926 --> 00:13:38,513
You've just received
an order to evacuate.
296
00:13:38,537 --> 00:13:40,602
You have five minutes to leave your town.
297
00:13:40,626 --> 00:13:42,604
- What do you take?
- Well,
298
00:13:42,628 --> 00:13:44,215
I guess I'd take my phone,
299
00:13:44,239 --> 00:13:46,478
my keys, my wallet.
300
00:13:46,502 --> 00:13:49,350
Oh, and our passports
and our marriage license.
301
00:13:49,374 --> 00:13:50,873
- Important documents.
- Mm.
302
00:13:50,897 --> 00:13:52,353
You sound very practical.
303
00:13:52,377 --> 00:13:54,031
I suppose I am.
304
00:13:55,337 --> 00:13:57,706
Your Honor, juror number eight
305
00:13:57,730 --> 00:13:59,708
is acceptable to the defense.
306
00:13:59,732 --> 00:14:01,275
And what about you, sir?
307
00:14:01,299 --> 00:14:04,278
What would you take if you only
had minutes to evacuate?
308
00:14:04,302 --> 00:14:06,454
Well, first, I'd make sure
my family is safe.
309
00:14:06,478 --> 00:14:08,152
- Of course.
- Then, I guess I'd grab
310
00:14:08,176 --> 00:14:09,631
the photo albums...
311
00:14:09,655 --> 00:14:12,243
my father's urn... and the blanket
312
00:14:12,267 --> 00:14:14,158
we brought our daughter home in
from the hospital.
313
00:14:14,182 --> 00:14:15,333
Important memories.
314
00:14:15,357 --> 00:14:17,006
They are for me.
315
00:14:17,837 --> 00:14:21,295
Your Honor, we'd like to thank
and excuse juror number 12.
316
00:14:21,319 --> 00:14:23,515
Okay, can I have a show of hands?
317
00:14:23,539 --> 00:14:25,598
How many of you have kids?
318
00:14:27,064 --> 00:14:28,607
Okay.
319
00:14:28,631 --> 00:14:31,349
Ah, I see you didn't raise your hand.
320
00:14:31,373 --> 00:14:32,698
May I ask,
321
00:14:32,722 --> 00:14:34,613
do you have any nieces or nephews?
322
00:14:34,637 --> 00:14:36,615
I have a niece. She's six.
323
00:14:36,639 --> 00:14:39,400
You know, Christmas is coming up.
324
00:14:39,424 --> 00:14:41,794
You ever think about maybe
giving her a puppy?
325
00:14:41,818 --> 00:14:45,928
Sounds sweet, but my
brother would never forgive me.
326
00:14:45,952 --> 00:14:47,626
Mm.
327
00:14:48,246 --> 00:14:51,151
Your Honor, this juror is
acceptable to the defense.
328
00:14:51,175 --> 00:14:53,414
Nice work.
329
00:14:53,438 --> 00:14:55,155
I see what you're doing here.
330
00:14:55,179 --> 00:14:57,505
Stacking the deck with pragmatists.
331
00:14:57,529 --> 00:15:00,291
Ah, do you see what they're doing?
332
00:15:00,315 --> 00:15:02,249
No James, no wheelchair.
333
00:15:02,273 --> 00:15:04,516
She's saving her client so he can make
334
00:15:04,540 --> 00:15:06,210
a big theatrical entrance.
335
00:15:06,234 --> 00:15:07,559
And for what it's worth,
336
00:15:07,583 --> 00:15:09,433
I would do the same thing.
337
00:15:10,070 --> 00:15:12,477
So everyone is happy?
338
00:15:12,501 --> 00:15:14,174
That went well?
339
00:15:14,198 --> 00:15:15,567
Well, under the circumstances,
340
00:15:15,591 --> 00:15:16,872
I don't think there's any one of us
341
00:15:16,896 --> 00:15:19,266
that thought this was gonna be easy.
342
00:15:19,290 --> 00:15:22,835
Plaintiff is especially sympathetic.
343
00:15:22,859 --> 00:15:25,316
I mean, a young man at
the threshold of his life,
344
00:15:25,340 --> 00:15:27,883
losing the use of his lower body.
345
00:15:27,907 --> 00:15:29,668
It's tragic.
346
00:15:29,692 --> 00:15:32,758
Given that, I think we seated a jury
347
00:15:32,782 --> 00:15:34,890
where there's a real chance
two or more members
348
00:15:34,914 --> 00:15:37,502
are gonna see things your way,
and that is all we need.
349
00:15:37,526 --> 00:15:40,374
But, uh... Can I ask a question?
350
00:15:40,398 --> 00:15:41,810
Of course, Mr. Elmasry.
351
00:15:41,834 --> 00:15:44,422
This is your trial, you can
ask whatever you'd like.
352
00:15:45,219 --> 00:15:46,946
What are we doing here?
353
00:15:46,970 --> 00:15:50,645
Our entire family feels terribly
about what happened to that boy.
354
00:15:50,669 --> 00:15:51,951
We don't need a trial.
355
00:15:51,975 --> 00:15:53,257
We don't want a trial.
356
00:15:53,281 --> 00:15:55,084
I paid my insurance.
357
00:15:55,108 --> 00:15:57,086
Someone had an accident on my property,
358
00:15:57,110 --> 00:15:59,611
then why doesn't the insurance
company just pay them?
359
00:15:59,635 --> 00:16:01,482
Isn't that what the insurance is for?
360
00:16:01,506 --> 00:16:02,788
No. That's not
361
00:16:02,812 --> 00:16:05,660
what the insurance is for;
not in this case.
362
00:16:05,684 --> 00:16:07,053
In this case,
363
00:16:07,077 --> 00:16:10,448
your insurance is here to be the bad guy.
364
00:16:10,472 --> 00:16:12,580
And trust me, you need a bad guy.
365
00:16:12,604 --> 00:16:16,367
In cases like this,
society needs a bad guy.
366
00:16:17,293 --> 00:16:18,543
I don't understand.
367
00:16:18,567 --> 00:16:20,501
Mr. Elmasry, you and your wife
368
00:16:20,525 --> 00:16:22,721
did not pay premiums
so anyone could come along
369
00:16:22,745 --> 00:16:26,420
and say you owe them money
and have it paid by us.
370
00:16:26,444 --> 00:16:29,467
This young man did not have an accident.
371
00:16:29,491 --> 00:16:32,034
An accident is when you go along
in your life,
372
00:16:32,058 --> 00:16:34,907
and something unexpected happens.
373
00:16:34,931 --> 00:16:37,910
This young man made an active choice.
374
00:16:37,934 --> 00:16:39,303
He trespassed.
375
00:16:39,327 --> 00:16:42,044
Went somewhere he was not supposed to go.
376
00:16:42,068 --> 00:16:45,439
Sat on something that was
never built to support him.
377
00:16:45,463 --> 00:16:48,181
And he fell to the ground as a result.
378
00:16:48,205 --> 00:16:51,706
And now he wants you, or us,
379
00:16:51,730 --> 00:16:55,373
society to pay for what happened to him?
380
00:16:56,039 --> 00:16:57,843
Do you think that's fair?
381
00:16:57,867 --> 00:16:59,627
Do you have $2 million?
382
00:16:59,651 --> 00:17:03,979
$2 million to just
hand over to a stranger
383
00:17:04,003 --> 00:17:06,678
who did nothing but violate your rights
384
00:17:06,702 --> 00:17:09,376
and treat your property as his own
385
00:17:09,400 --> 00:17:11,160
just so he could take a picture?
386
00:17:11,597 --> 00:17:15,774
No, I do not, but what about mercy?
387
00:17:16,060 --> 00:17:17,367
What about forgiveness?
388
00:17:17,391 --> 00:17:20,692
Forgiveness is for churches.
389
00:17:20,716 --> 00:17:22,607
Mercy is for charities.
390
00:17:22,631 --> 00:17:24,043
We are a business.
391
00:17:24,067 --> 00:17:27,573
And, like you, we don't have $2 million.
392
00:17:27,597 --> 00:17:30,441
Not to give away to any reckless fool
393
00:17:30,465 --> 00:17:32,138
who thinks the world is just waiting
394
00:17:32,162 --> 00:17:34,730
to see a picture of them
put their life at risk.
395
00:17:38,081 --> 00:17:39,363
It's okay.
396
00:17:39,387 --> 00:17:40,494
I know it's hard.
397
00:17:40,518 --> 00:17:42,061
It's not on you.
398
00:17:42,085 --> 00:17:43,367
Like I said,
399
00:17:43,391 --> 00:17:46,549
let us be the bad guy, hmm?
400
00:17:49,310 --> 00:17:51,262
Nice work today, you two.
401
00:17:51,877 --> 00:17:54,029
I will see everyone in the morning.
402
00:17:54,053 --> 00:17:55,403
- Good night.
- Good night.
403
00:17:56,491 --> 00:17:57,753
- Good night.
- Good night.
404
00:17:59,363 --> 00:18:02,342
So if she's the bad guy,
405
00:18:02,366 --> 00:18:04,368
then what does that make us?
406
00:18:07,523 --> 00:18:10,459
The plaintiff would like to call
for its first witness,
407
00:18:10,483 --> 00:18:12,093
James Donovan.
408
00:18:37,479 --> 00:18:39,979
We have any green left at all?
409
00:18:40,003 --> 00:18:43,833
Nope. It's like a forest fire in here.
410
00:18:43,857 --> 00:18:46,377
And would you share, for the jury,
411
00:18:46,401 --> 00:18:49,066
how it was that you came to have the idea
412
00:18:49,067 --> 00:18:50,958
to take a selfie on the roof
413
00:18:50,982 --> 00:18:53,265
of the Flying Carpet Pizza Parlor?
414
00:18:53,289 --> 00:18:54,832
I was with my friends
415
00:18:54,856 --> 00:18:56,529
and we were walking by the restaurant,
416
00:18:56,553 --> 00:18:58,096
and one of them was saying
417
00:18:58,120 --> 00:18:59,837
how much she loved that pizza.
418
00:18:59,861 --> 00:19:02,535
So I thought, "I'm gonna get
an amazing selfie
419
00:19:02,559 --> 00:19:04,363
and get her a free slice of pizza."
420
00:19:04,387 --> 00:19:08,130
Hmm. But where did you get
the idea to go up on the roof?
421
00:19:09,218 --> 00:19:11,674
Actually, I... I got it from him.
422
00:19:12,051 --> 00:19:14,286
Let the record show
that the plaintiff is pointing
423
00:19:14,310 --> 00:19:16,244
- at Amir Elmasry.
- He never shared that with me.
424
00:19:18,793 --> 00:19:22,381
And how did Mr. Elmasry
come to give you this idea?
425
00:19:22,405 --> 00:19:24,339
To risk your life and limb
426
00:19:24,363 --> 00:19:28,039
by climbing up on the roof
of his establishment?
427
00:19:28,651 --> 00:19:30,955
Earlier that day, I was in there
428
00:19:30,979 --> 00:19:33,044
and I saw that they had
this contest going
429
00:19:33,068 --> 00:19:34,610
where if you take a selfie
430
00:19:34,634 --> 00:19:36,221
and you post it on social media,
431
00:19:36,245 --> 00:19:37,962
with you standing in front of the store
432
00:19:37,986 --> 00:19:39,833
and the sign that has the pizza
433
00:19:39,857 --> 00:19:41,443
that looks like a flying carpet
in the background,
434
00:19:41,467 --> 00:19:43,271
you can qualify to win a free slice.
435
00:19:43,874 --> 00:19:45,447
Any idea where this is going?
436
00:19:45,471 --> 00:19:47,275
- I was hungry, didn't...
- No. None.
437
00:19:47,299 --> 00:19:49,190
- So I went outside,
- And I have no recollection
438
00:19:49,214 --> 00:19:51,453
- took my phone and shot a selfie.
- of ever seeing this kid in my life.
439
00:19:51,477 --> 00:19:54,587
And did you show your photo to
the defendant, to Mr. Elmasry?
440
00:19:54,611 --> 00:19:55,675
Yes, I did.
441
00:19:55,699 --> 00:19:57,285
And what happened?
442
00:19:57,309 --> 00:19:58,896
He said he had hundreds of pictures
443
00:19:58,920 --> 00:20:00,941
that looked exactly like mine.
444
00:20:00,965 --> 00:20:04,162
In order for the selfie to win,
it had to be different.
445
00:20:05,062 --> 00:20:08,253
Is that why you decided
to do something bigger?
446
00:20:08,277 --> 00:20:11,299
Yeah. That was the beginning of it.
447
00:20:11,323 --> 00:20:13,171
That night, when my friend was telling me
448
00:20:13,195 --> 00:20:14,868
how much she loved that pizza,
449
00:20:14,892 --> 00:20:16,696
I thought, "This is my chance."
450
00:20:16,720 --> 00:20:19,525
So I climbed on the roof,
and went out to the pizza
451
00:20:19,549 --> 00:20:21,788
to get a really special shot.
452
00:20:22,204 --> 00:20:23,572
Just like he told me.
453
00:20:24,165 --> 00:20:25,748
Thank you, James.
454
00:20:25,772 --> 00:20:28,403
I have no further questions
for this witness, Your Honor.
455
00:20:28,427 --> 00:20:30,318
Very well.
456
00:20:30,342 --> 00:20:32,059
Let's take a 20 minute break
and then continue
457
00:20:32,083 --> 00:20:33,945
with cross-examination.
458
00:20:35,086 --> 00:20:36,803
So you have no recollection
of meeting this boy?
459
00:20:36,827 --> 00:20:39,327
None. I have never seen that boy before.
460
00:20:39,351 --> 00:20:41,677
Not that I can recall, anyway.
461
00:20:41,701 --> 00:20:44,115
Wait a second. What does that mean?
462
00:20:44,139 --> 00:20:46,813
After school, we get 40, 50 kids
in the store at a time.
463
00:20:46,837 --> 00:20:48,293
We can't tell one from the other.
464
00:20:48,317 --> 00:20:49,947
They all start to look the same.
465
00:20:49,971 --> 00:20:50,991
Well, they're not all the same.
466
00:20:51,015 --> 00:20:52,558
This one is suing for $2 million.
467
00:20:52,582 --> 00:20:54,059
And he's implying
468
00:20:54,083 --> 00:20:56,170
that you gave him the idea
to go up on the roof.
469
00:20:56,194 --> 00:20:58,275
Insinuating that you gave him permission.
470
00:20:58,299 --> 00:20:59,695
Okay, Ms. Kress, forgive me,
471
00:20:59,719 --> 00:21:01,915
but that is a stretch.
472
00:21:01,939 --> 00:21:03,985
And frankly, I don't
think it really matters.
473
00:21:04,009 --> 00:21:07,982
Mr. Col�n will cross-examine
and undo whatever damage he can,
474
00:21:08,006 --> 00:21:11,533
but I assure you, no rational juror
475
00:21:11,557 --> 00:21:12,883
is gonna believe Mr. Elmasry
476
00:21:12,907 --> 00:21:15,015
gave anyone permission,
let alone encouraged them,
477
00:21:15,039 --> 00:21:16,538
to get up on his roof.
478
00:21:16,562 --> 00:21:17,888
Not unless they see proof.
479
00:21:18,510 --> 00:21:20,392
Well, I hope you're right.
480
00:21:22,699 --> 00:21:24,372
It's like she keeps forgetting
481
00:21:24,396 --> 00:21:26,331
- who pays who and who works for who.
- Mm.
482
00:21:26,355 --> 00:21:28,333
Look, I have no idea
483
00:21:28,357 --> 00:21:30,988
whether that boy is telling
the truth or not, but...
484
00:21:31,555 --> 00:21:32,772
like I told Ms. Kress,
485
00:21:32,796 --> 00:21:34,382
at the end of the day,
486
00:21:34,406 --> 00:21:36,558
I don't think it's gonna matter.
487
00:21:37,205 --> 00:21:39,431
Hello, James. Nice to meet you.
488
00:21:39,455 --> 00:21:40,823
Nice to meet you, sir.
489
00:21:40,847 --> 00:21:43,087
I think that everyone here agrees
490
00:21:43,111 --> 00:21:45,263
that what happened to you is tragic.
491
00:21:45,287 --> 00:21:47,961
And I'm fairly certain
there isn't a person
492
00:21:47,985 --> 00:21:50,355
in this room that doesn't feel for you.
493
00:21:50,379 --> 00:21:51,922
Thank you.
494
00:21:51,946 --> 00:21:53,358
All right.
495
00:21:53,382 --> 00:21:56,230
Now, you testified under oath
496
00:21:56,254 --> 00:21:59,799
that Mr. Elmasry told you
497
00:21:59,823 --> 00:22:02,628
to come up with a different type
of selfie.
498
00:22:03,094 --> 00:22:04,456
That's right. He did.
499
00:22:04,480 --> 00:22:07,415
Ah. Well, I have to be honest with you.
500
00:22:07,439 --> 00:22:10,114
He has no recollection
of ever having met you.
501
00:22:10,771 --> 00:22:12,899
And even if he did, he's certain
502
00:22:12,923 --> 00:22:17,077
he didn't actually tell you
to go up on a roof.
503
00:22:17,101 --> 00:22:19,297
I mean, is it your testimony here today
504
00:22:19,321 --> 00:22:23,257
that he actually told you
to go up on his roof?
505
00:22:24,618 --> 00:22:25,781
Well, no.
506
00:22:25,805 --> 00:22:28,610
In fact,
if the evidence is to be believed,
507
00:22:28,634 --> 00:22:32,397
Mr. Elmasry took great pains
to keep people off his roof.
508
00:22:32,421 --> 00:22:33,659
Objection, Your Honor.
509
00:22:33,683 --> 00:22:35,356
Calls for speculation.
510
00:22:35,380 --> 00:22:38,055
How is my client supposed
to know what kinds of pains
511
00:22:38,079 --> 00:22:40,274
Mr. Elmasry may or may not have taken
512
00:22:40,298 --> 00:22:42,333
to keep people off his roof?
513
00:22:42,357 --> 00:22:45,366
I beg to differ, Your Honor.
514
00:22:45,390 --> 00:22:47,542
In fact, I'll wager
515
00:22:47,566 --> 00:22:50,981
that young James here has
a better understanding as to
516
00:22:51,005 --> 00:22:54,985
how tough the Elmasrys made
it to get up on that roof
517
00:22:55,009 --> 00:22:57,117
than anyone else alive.
518
00:22:57,359 --> 00:22:58,771
Objection overruled.
519
00:22:58,795 --> 00:23:00,686
You may proceed, Mr. Col�n.
520
00:23:00,710 --> 00:23:02,239
Thank you, Your Honor.
521
00:23:02,865 --> 00:23:04,366
Now, James,
522
00:23:05,826 --> 00:23:07,084
you remember this fence?
523
00:23:07,828 --> 00:23:10,435
Uh, uh... I-I don't know. I-I guess so.
524
00:23:10,459 --> 00:23:11,740
Let me refresh your memory.
525
00:23:11,764 --> 00:23:13,786
It's a ten-foot fence.
526
00:23:14,335 --> 00:23:16,093
No way you could have gotten
onto that roof
527
00:23:16,117 --> 00:23:17,964
without climbing this first.
528
00:23:18,589 --> 00:23:22,384
Do you remember this lock
and chain around the fence?
529
00:23:23,892 --> 00:23:25,981
I-I think... I think
I saw it there, yeah.
530
00:23:27,084 --> 00:23:28,670
How about this sign?
531
00:23:28,694 --> 00:23:30,803
You remember this sign? I mean, it was
532
00:23:30,827 --> 00:23:32,631
lit with a big floodlight.
533
00:23:32,934 --> 00:23:34,457
Kind of hard to miss.
534
00:23:36,075 --> 00:23:37,940
- Yeah, I think it was there.
- You think so?
535
00:23:37,964 --> 00:23:39,507
Huh? Well,
536
00:23:39,531 --> 00:23:42,554
so, there are signs, there are lights,
537
00:23:42,578 --> 00:23:45,774
there are locks,
and there's a ten-foot fence.
538
00:23:46,138 --> 00:23:50,229
What part of "we don't want you
here" did you not understand?
539
00:23:52,998 --> 00:23:55,045
I'm sorry. I-I didn't hear an answer,
540
00:23:55,069 --> 00:23:56,872
Your Honor. Nonetheless,
541
00:23:56,896 --> 00:23:59,899
I will withdraw the question
and move on to something else.
542
00:24:02,091 --> 00:24:03,756
That look familiar, James?
543
00:24:03,780 --> 00:24:04,967
Yes.
544
00:24:04,991 --> 00:24:06,637
So, what'd you do there?
545
00:24:07,037 --> 00:24:09,537
You move that dumpster up
against the wall,
546
00:24:09,561 --> 00:24:11,713
and hoist yourself up on it,
547
00:24:12,070 --> 00:24:14,072
pulled yourself up on the ladder?
548
00:24:15,263 --> 00:24:17,719
Let me remind you that
you are under oath.
549
00:24:17,743 --> 00:24:19,373
I'd also like to inform you
550
00:24:19,397 --> 00:24:21,245
that when police and paramedics reported
551
00:24:21,269 --> 00:24:24,117
to the scene that night
after your fall, they noted
552
00:24:24,141 --> 00:24:28,165
that the dumpster was in the
exact same place you left it...
553
00:24:28,189 --> 00:24:30,950
up against the wall, beneath the ladder.
554
00:24:30,974 --> 00:24:32,517
He is very good.
555
00:24:32,913 --> 00:24:35,433
Did I mention when I found him,
he was buck naked in the woods,
556
00:24:35,457 --> 00:24:37,348
nothing but a law book in his hands?
557
00:24:37,372 --> 00:24:39,306
So I'm gonna ask you for the second time.
558
00:24:39,330 --> 00:24:42,701
Did you push that dumpster
up against the wall,
559
00:24:42,725 --> 00:24:44,094
hoist yourself up on it,
560
00:24:44,118 --> 00:24:46,400
pull yourself up on the ladder
561
00:24:46,424 --> 00:24:48,881
so that you could have access to the sign
562
00:24:48,905 --> 00:24:52,189
depicting the Flying Carpet Pizza slice?
563
00:24:54,893 --> 00:24:56,193
Yes. Yes, I did.
564
00:24:56,217 --> 00:24:58,020
Yes, you did.
565
00:24:58,497 --> 00:24:59,979
Doesn't sound like it was all that easy
566
00:25:00,003 --> 00:25:01,831
to get up there to me, was it?
567
00:25:02,919 --> 00:25:04,201
No, it wasn't.
568
00:25:05,704 --> 00:25:08,509
Okay. No further questions
569
00:25:08,533 --> 00:25:09,815
for this witness, Your Honor.
570
00:25:09,839 --> 00:25:12,209
You're excused, young man.
571
00:25:12,828 --> 00:25:14,148
Thanks, James.
572
00:25:15,274 --> 00:25:17,562
Can you tell us about your son's physical
573
00:25:17,586 --> 00:25:19,346
condition, Mrs. Donovan?
574
00:25:20,002 --> 00:25:21,609
Um...
575
00:25:21,633 --> 00:25:25,265
James is a... T9 paraplegic.
576
00:25:25,289 --> 00:25:27,180
He suffers
577
00:25:27,204 --> 00:25:30,488
from paralysis
in his lower torso and legs.
578
00:25:30,846 --> 00:25:32,751
And what's the prognosis?
579
00:25:33,182 --> 00:25:34,883
Are the doctors offering any hope
580
00:25:35,267 --> 00:25:37,475
that he might some day
be able to walk again?
581
00:25:38,563 --> 00:25:41,231
No. No, they're not.
582
00:25:42,698 --> 00:25:44,893
How old is James?
583
00:25:44,917 --> 00:25:47,050
Uh, he's 14.
584
00:25:48,138 --> 00:25:49,487
A child.
585
00:25:49,511 --> 00:25:52,254
Objection. That's up
to the jury to decide.
586
00:25:52,504 --> 00:25:54,376
Sustained.
587
00:25:57,365 --> 00:25:59,343
So, what's changed
588
00:25:59,367 --> 00:26:01,780
about your son's life since his fall?
589
00:26:01,804 --> 00:26:03,390
God.
590
00:26:03,414 --> 00:26:05,373
Uh... everything.
591
00:26:06,939 --> 00:26:08,917
He-He's had to relearn
592
00:26:08,941 --> 00:26:10,005
things.
593
00:26:10,029 --> 00:26:12,747
How to use the bathroom.
594
00:26:12,771 --> 00:26:15,272
How to get in and out of a car.
595
00:26:15,296 --> 00:26:18,449
How to navigate getting in
and out of his own bed.
596
00:26:18,473 --> 00:26:21,626
And is there someone
to assist him with these things?
597
00:26:21,650 --> 00:26:23,715
Just me.
598
00:26:24,733 --> 00:26:25,943
I had to quit my job.
599
00:26:27,402 --> 00:26:29,634
He, uh, he can't really be left alone.
600
00:26:29,658 --> 00:26:31,723
And I'm guessing you're staring
601
00:26:31,747 --> 00:26:34,334
at a lot of new expenses.
602
00:26:34,358 --> 00:26:37,381
Installing ramps to make
your home wheelchair accessible?
603
00:26:37,913 --> 00:26:39,078
Buying an appropriate
604
00:26:39,102 --> 00:26:41,602
van so you can transport him places?
605
00:26:41,626 --> 00:26:44,388
Yeah, took out a homeowner loan.
606
00:26:44,753 --> 00:26:46,390
They wouldn't give us enough
607
00:26:46,414 --> 00:26:48,827
to do everything we needed,
608
00:26:49,341 --> 00:26:51,351
but it's a start.
609
00:26:51,691 --> 00:26:53,614
Double-check me.
Juror number one looks like
610
00:26:53,638 --> 00:26:56,138
she's about to start
a GoFundMe page for James.
611
00:26:56,162 --> 00:26:57,575
What can I tell you?
612
00:26:57,599 --> 00:26:59,229
This is very effective testimony.
613
00:26:59,253 --> 00:27:00,882
If we polled the jury right now,
614
00:27:00,906 --> 00:27:03,320
there is not a chance in hell
of our side winning.
615
00:27:03,344 --> 00:27:05,409
And I don't think this jury is inclined
616
00:27:05,433 --> 00:27:08,238
to leave the award at just $2 million.
617
00:27:08,262 --> 00:27:09,848
I have nothing further.
618
00:27:13,532 --> 00:27:15,201
Concede that this is a tragedy,
619
00:27:15,225 --> 00:27:17,899
but remind them that it's
not the Elmasrys' fault.
620
00:27:18,787 --> 00:27:20,162
Mrs. Donovan,
621
00:27:20,186 --> 00:27:24,819
before your son suffered
these life-changing injuries,
622
00:27:24,843 --> 00:27:27,605
how did he get to
and from school every day?
623
00:27:28,714 --> 00:27:30,042
He took the bus.
624
00:27:30,066 --> 00:27:32,000
- New York City bus?
- Yes.
625
00:27:32,024 --> 00:27:35,221
And he traveled on public transit alone?
626
00:27:35,637 --> 00:27:37,015
Sometimes.
627
00:27:37,039 --> 00:27:38,964
Would he take the subway alone, too?
628
00:27:39,558 --> 00:27:41,749
- Sure. Sometimes.
- Ah.
629
00:27:41,773 --> 00:27:43,621
Did you allow him to hang out
630
00:27:43,645 --> 00:27:45,666
with his best friends after school?
631
00:27:45,690 --> 00:27:47,320
Of course.
632
00:27:47,344 --> 00:27:49,801
Without adult supervision?
633
00:27:50,652 --> 00:27:52,325
Depending on where they were going
634
00:27:52,349 --> 00:27:55,328
and what they were doing, yes.
635
00:27:56,199 --> 00:27:59,767
Ah. Now, James has a
two-year-old sister, doesn't he?
636
00:28:00,287 --> 00:28:03,031
Janie. Um, she just turned three.
637
00:28:03,055 --> 00:28:04,816
Ah. My mistake.
638
00:28:04,840 --> 00:28:07,427
And would James ever babysit her?
639
00:28:08,253 --> 00:28:10,300
Uh, from time to time.
640
00:28:10,324 --> 00:28:13,172
So, you trusted him with a toddler?
641
00:28:13,196 --> 00:28:14,826
With his sister.
642
00:28:14,850 --> 00:28:16,480
- Absolutely.
- Yes, but
643
00:28:16,504 --> 00:28:18,351
you felt comfortable doing this,
644
00:28:18,375 --> 00:28:21,180
because James was
a responsible young man.
645
00:28:21,850 --> 00:28:24,836
You knew he would take his
responsibility seriously,
646
00:28:24,860 --> 00:28:28,318
and you trusted
his sense of judgement. True?
647
00:28:28,342 --> 00:28:30,668
Objection. Compound question.
648
00:28:30,692 --> 00:28:32,104
Sustained.
649
00:28:32,128 --> 00:28:33,540
Rephrase the question.
650
00:28:34,196 --> 00:28:36,021
Now what you're telling us is,
651
00:28:36,045 --> 00:28:39,764
you treated your son like a young adult.
652
00:28:39,788 --> 00:28:41,200
Objection.
653
00:28:41,224 --> 00:28:42,680
That's not a question.
654
00:28:42,704 --> 00:28:44,595
Because isn't that, in fact, what he is?
655
00:28:45,374 --> 00:28:47,249
Not a toddler that could be
656
00:28:47,273 --> 00:28:49,513
lured into an uncovered swimming pool
657
00:28:49,537 --> 00:28:52,130
by the shiny blue water,
658
00:28:52,627 --> 00:28:54,605
but a young man...
659
00:28:54,629 --> 00:28:56,868
who knows right from wrong.
660
00:28:56,892 --> 00:28:58,696
Who understands when he sees
661
00:28:58,720 --> 00:29:01,176
a sign that says "No Trespassing,"
662
00:29:01,200 --> 00:29:03,440
that means "stay away...
663
00:29:03,934 --> 00:29:05,703
for your own good."
664
00:29:06,436 --> 00:29:07,932
Isn't that right, Mrs. Donovan?
665
00:29:07,956 --> 00:29:09,968
Objection. He's badgering the witness.
666
00:29:09,992 --> 00:29:11,358
Oh, that's all right.
667
00:29:12,484 --> 00:29:13,972
You don't have to answer that,
Mrs. Donovan.
668
00:29:13,996 --> 00:29:15,654
I know you've been through a lot.
669
00:29:16,989 --> 00:29:18,609
No further questions, Your Honor.
670
00:29:20,728 --> 00:29:21,762
For what it's worth,
671
00:29:21,787 --> 00:29:23,416
now might be an excellent time
672
00:29:23,440 --> 00:29:26,419
to let Ms. Kress know
she's getting her money's worth.
673
00:29:26,443 --> 00:29:29,814
I am suddenly staring
at three greens and three reds.
674
00:29:31,100 --> 00:29:33,265
What are you so happy about?
675
00:29:33,289 --> 00:29:35,298
Oh, I'm just looking at the jury.
676
00:29:36,932 --> 00:29:38,455
You own half of them now.
677
00:29:39,928 --> 00:29:41,565
Well, what are you bragging about?
678
00:29:41,589 --> 00:29:43,591
That just means
your work is only half done.
679
00:29:49,024 --> 00:29:51,263
The plaintiff would like
to call Paul Martin
680
00:29:51,287 --> 00:29:53,091
to the stand.
681
00:29:53,483 --> 00:29:55,876
Mr. Martin, could you please
682
00:29:55,900 --> 00:29:58,923
describe your relationship
to the Elmasrys?
683
00:29:59,281 --> 00:30:01,447
Well, I live in the neighborhood.
684
00:30:01,471 --> 00:30:04,436
I eat their pizza. It's damn delicious.
685
00:30:04,460 --> 00:30:06,676
Well, any idea who this is?
686
00:30:06,700 --> 00:30:08,715
'Cause the jury is on the edge
of their seats.
687
00:30:08,739 --> 00:30:11,761
They handed us an updated
witness list when we walked in,
688
00:30:11,785 --> 00:30:14,547
but Amir said he didn't
recognize the name.
689
00:30:14,571 --> 00:30:16,288
You recognize him now?
690
00:30:16,312 --> 00:30:18,246
And would you please
691
00:30:18,270 --> 00:30:21,336
tell the jury why you called my office?
692
00:30:21,360 --> 00:30:23,425
Why you reached out to us?
693
00:30:24,222 --> 00:30:25,340
I don't know.
694
00:30:25,364 --> 00:30:28,561
I read about the boy, how
he ended up in the wheelchair,
695
00:30:28,585 --> 00:30:30,084
and I felt badly.
696
00:30:30,108 --> 00:30:31,564
Why did you feel badly?
697
00:30:32,247 --> 00:30:34,941
Well... about a year ago,
698
00:30:35,374 --> 00:30:36,961
I'm walking down the sidewalk,
699
00:30:36,985 --> 00:30:40,616
right in front of Amir's place, and bang.
700
00:30:40,640 --> 00:30:42,314
Something falls out of the sky.
701
00:30:42,338 --> 00:30:44,142
I get hit on the head.
702
00:30:44,166 --> 00:30:45,578
Felt like a rock.
703
00:30:45,602 --> 00:30:47,667
Couple of pounds, maybe.
704
00:30:47,691 --> 00:30:49,538
And I'm bleeding.
705
00:30:49,562 --> 00:30:52,933
And it feels like
it's gonna be a hell of a bump.
706
00:30:52,957 --> 00:30:54,674
And I look to see what it was.
707
00:30:54,698 --> 00:30:56,894
I pick it up off the sidewalk.
708
00:30:56,918 --> 00:30:59,435
And it's a piece of concrete pepperoni.
709
00:31:00,719 --> 00:31:02,987
Came off Mr. Elmasry's sign.
710
00:31:03,011 --> 00:31:04,466
And did you call
711
00:31:04,490 --> 00:31:06,599
Mr. Elmasry? Tell him what happened?
712
00:31:06,623 --> 00:31:08,079
I didn't have to.
713
00:31:08,103 --> 00:31:10,385
He came running out of the shop.
714
00:31:10,409 --> 00:31:13,040
Took complete responsibility
for everything.
715
00:31:13,064 --> 00:31:15,042
Said I should go to the hospital,
716
00:31:15,066 --> 00:31:17,175
get some X-rays, MRI.
717
00:31:17,199 --> 00:31:19,525
Whatever I needed,
he'd pay for everything.
718
00:31:19,549 --> 00:31:21,179
And he did.
719
00:31:21,203 --> 00:31:23,616
He just...
didn't want me to call the cops.
720
00:31:23,640 --> 00:31:27,228
And he really didn't want me
to call my insurance company.
721
00:31:27,494 --> 00:31:30,318
So, it's your testimony
722
00:31:30,342 --> 00:31:33,843
that the Elmasrys were
fully aware that their sign...
723
00:31:33,867 --> 00:31:35,758
the structure... was unsound.
724
00:31:35,782 --> 00:31:36,934
That it was a hazard.
725
00:31:36,958 --> 00:31:39,197
Objection. Calls for speculation.
726
00:31:39,221 --> 00:31:40,285
Sustained.
727
00:31:40,309 --> 00:31:42,156
I'll withdraw the question.
728
00:31:42,180 --> 00:31:44,028
So, you did what you were told.
729
00:31:44,511 --> 00:31:46,769
You didn't notify the authorities.
730
00:31:46,793 --> 00:31:48,684
You didn't call your insurance company.
731
00:31:49,099 --> 00:31:50,948
I did not.
732
00:31:51,351 --> 00:31:53,843
And I can't help but wonder if I had
733
00:31:53,867 --> 00:31:55,604
if the city might not have gone over
734
00:31:55,628 --> 00:31:58,433
and inspected,
735
00:31:59,067 --> 00:32:01,262
made them reinforce that sign,
736
00:32:01,286 --> 00:32:04,898
then maybe that boy
might be walking today.
737
00:32:06,449 --> 00:32:08,226
Thank you, Mr. Martin.
738
00:32:08,785 --> 00:32:11,185
I have no further questions
for this witness.
739
00:32:11,830 --> 00:32:13,057
What's the damage?
740
00:32:13,081 --> 00:32:15,953
I am afraid we are hanging on
by a single green thread.
741
00:32:20,610 --> 00:32:22,066
What are you... what are you doing?
742
00:32:22,090 --> 00:32:23,937
What does it look like
I'm doing? I'm leaving.
743
00:32:23,961 --> 00:32:25,330
Where you going?
744
00:32:25,354 --> 00:32:27,071
Can it at least wait until
we break for the day?
745
00:32:27,095 --> 00:32:29,160
Nice to meet you, Mr. Martin.
746
00:32:29,184 --> 00:32:32,163
Thank you for coming in today.
747
00:32:33,536 --> 00:32:35,451
I still can't believe she did it.
748
00:32:36,887 --> 00:32:38,865
And she didn't say anything to you?
749
00:32:38,889 --> 00:32:41,128
Didn't explain herself to
you? Just got up and left?
750
00:32:41,152 --> 00:32:42,869
The minute a bad fact came out,
751
00:32:42,893 --> 00:32:44,784
she grabbed her bag
and headed for the door.
752
00:32:44,808 --> 00:32:47,961
Well, do you want to
call her, or should I?
753
00:32:47,985 --> 00:32:50,426
I've been calling every ten minutes.
754
00:32:55,601 --> 00:32:56,863
Something we said?
755
00:33:04,418 --> 00:33:07,763
Immunity Insurance is no longer
your partner in this case.
756
00:33:07,787 --> 00:33:09,678
Excuse me?
757
00:33:10,013 --> 00:33:12,203
You brought this case to us.
758
00:33:12,599 --> 00:33:13,900
We were misled.
759
00:33:13,924 --> 00:33:16,511
We were given inaccurate information.
760
00:33:16,535 --> 00:33:18,905
What kind of inaccurate information?
761
00:33:19,272 --> 00:33:20,646
Mr. and Mrs. Elmasry
762
00:33:20,670 --> 00:33:23,127
reapplied for their insurance
eight months ago.
763
00:33:23,151 --> 00:33:25,781
And at that time,
they were specifically asked
764
00:33:25,805 --> 00:33:29,133
if there had been any accidents
on the premises,
765
00:33:29,657 --> 00:33:31,135
and they said no.
766
00:33:31,159 --> 00:33:32,353
You can't be serious.
767
00:33:32,377 --> 00:33:33,746
As far as we're concerned,
768
00:33:33,770 --> 00:33:35,052
the Elmasrys committed fraud.
769
00:33:35,076 --> 00:33:37,271
They're lucky
we don't press criminal charges.
770
00:33:37,295 --> 00:33:38,577
Criminal charges?
771
00:33:38,601 --> 00:33:40,013
Their lack of honesty
772
00:33:40,037 --> 00:33:41,493
voids the policy,
773
00:33:41,517 --> 00:33:45,236
which means the insurer
has no obligation to pay a dime,
774
00:33:45,260 --> 00:33:48,369
which means that we are
withdrawing from the lawsuit.
775
00:33:48,393 --> 00:33:51,068
And that's it? You find a loophole,
776
00:33:51,092 --> 00:33:53,548
a way of avoiding
paying out on the policy,
777
00:33:53,572 --> 00:33:56,464
and you just... dump your client?
778
00:33:56,935 --> 00:33:58,553
Do you at least refund them
779
00:33:58,577 --> 00:34:00,144
their premium?
780
00:34:06,690 --> 00:34:08,563
If you get me your bill
with the charges to date,
781
00:34:08,587 --> 00:34:10,348
I'll see that it's paid promptly.
782
00:34:10,372 --> 00:34:13,220
Just curious. Shall I say goodbye
783
00:34:13,244 --> 00:34:14,613
to the Elmasrys for you?
784
00:34:18,597 --> 00:34:20,817
I take that as a no.
785
00:34:22,125 --> 00:34:24,125
_
786
00:34:24,893 --> 00:34:26,871
It's about as good a closing argument
787
00:34:26,895 --> 00:34:28,307
as I've ever read.
788
00:34:28,331 --> 00:34:29,656
Thank you.
789
00:34:29,968 --> 00:34:31,353
I don't think it's gonna make
790
00:34:31,377 --> 00:34:32,929
a damn bit of difference.
791
00:34:33,510 --> 00:34:35,488
The other side has a boy in a wheelchair,
792
00:34:35,512 --> 00:34:37,185
and that's gonna be tough to beat.
793
00:34:37,209 --> 00:34:40,353
The Elmasrys are gonna lose
their shirts, aren't they?
794
00:34:41,039 --> 00:34:44,758
Jury's gonna hand down
some crazy judgment,
795
00:34:44,782 --> 00:34:46,543
and because they have no insurance,
796
00:34:46,567 --> 00:34:48,778
the family's gonna be forced
to sell everything.
797
00:34:49,988 --> 00:34:51,634
Including the business.
798
00:34:51,658 --> 00:34:53,245
Looks that way.
799
00:34:55,118 --> 00:34:56,995
Everybody's ready.
800
00:34:57,403 --> 00:34:59,294
I know you guys are trying to figure out
801
00:34:59,318 --> 00:35:01,427
whether to rest your case or not.
802
00:35:01,451 --> 00:35:04,256
I'm just not sure I'm gonna
really be of any help.
803
00:35:04,280 --> 00:35:05,822
Um, I interviewed
804
00:35:05,846 --> 00:35:08,310
the other two kids
that were with James that night,
805
00:35:08,334 --> 00:35:10,218
effectively the only two witnesses,
806
00:35:10,242 --> 00:35:12,699
and neither of them have anything to say
807
00:35:12,723 --> 00:35:13,918
that's gonna matter.
808
00:35:13,942 --> 00:35:15,745
Yeah, well, we assumed as much.
809
00:35:15,769 --> 00:35:17,312
Although, there was
810
00:35:17,336 --> 00:35:19,286
this one thing that's
kind of weird, actually.
811
00:35:19,310 --> 00:35:22,404
Um, according to the
girl that was with them,
812
00:35:22,428 --> 00:35:23,971
Makayla Newton,
813
00:35:23,995 --> 00:35:26,800
James had never been to
that pizza parlor before.
814
00:35:26,824 --> 00:35:28,497
So when he testified
815
00:35:28,521 --> 00:35:29,934
that he had shown Amir that selfie
816
00:35:29,958 --> 00:35:31,936
and Amir said wasn't good enough,
817
00:35:32,238 --> 00:35:33,894
he essentially lied.
818
00:35:33,918 --> 00:35:35,722
So he perjured himself.
819
00:35:35,746 --> 00:35:37,245
Why?
820
00:35:37,269 --> 00:35:39,160
- What did he have to gain?
- Who knows?
821
00:35:39,184 --> 00:35:40,814
Maybe he was embarrassed that his stunt
822
00:35:40,838 --> 00:35:43,425
ended up causing so much pain
to so many people.
823
00:35:43,449 --> 00:35:45,036
Maybe he didn't have the courage
824
00:35:45,060 --> 00:35:47,516
to tell his mother
he thought it up all by himself.
825
00:35:47,540 --> 00:35:49,151
- Yeah.
- Whatever.
826
00:35:49,175 --> 00:35:52,130
I'm not gonna alienate the jury
by charging him with perjury,
827
00:35:52,154 --> 00:35:54,262
'cause we can't prove it, anyway.
828
00:35:54,286 --> 00:35:57,091
Like I said, nothing that matters.
829
00:35:57,597 --> 00:35:59,615
Anything from this side of the table?
830
00:35:59,639 --> 00:36:01,052
All I can tell you is the jury
831
00:36:01,076 --> 00:36:03,402
is itching to give that boy a huge award.
832
00:36:03,426 --> 00:36:04,751
I think it's gonna make
833
00:36:04,775 --> 00:36:06,709
the original $2 million settlement offer
834
00:36:06,733 --> 00:36:08,059
look like the deal of the century.
835
00:36:08,083 --> 00:36:09,495
I second that.
836
00:36:09,984 --> 00:36:11,192
Taylor.
837
00:36:11,216 --> 00:36:14,282
Tell me you hacked into
Immunity Insurance e-mail
838
00:36:14,306 --> 00:36:17,633
and found a smoking gun
that will change everything.
839
00:36:17,657 --> 00:36:19,635
I hacked into Immunity Insurance's e-mail
840
00:36:19,659 --> 00:36:21,237
and found a smoking gun,
something that just might
841
00:36:21,261 --> 00:36:23,161
- change everything.
- Really?
842
00:36:23,185 --> 00:36:25,293
No. But what I did find
843
00:36:25,317 --> 00:36:27,580
is very disappointing on a human level.
844
00:36:29,626 --> 00:36:32,126
Everyone at that insurance
company agreed with you guys.
845
00:36:32,150 --> 00:36:33,954
There must be dozens of e-mails in there
846
00:36:33,978 --> 00:36:35,434
saying that the $2 million number
847
00:36:35,458 --> 00:36:37,218
is a fair and reasonable one
848
00:36:37,242 --> 00:36:38,651
and that Avery should move on it.
849
00:36:38,675 --> 00:36:39,845
And?
850
00:36:39,869 --> 00:36:41,209
And Avery argued back
851
00:36:41,233 --> 00:36:43,181
that while it would be a
good offer for the plaintiff
852
00:36:43,205 --> 00:36:45,531
and would obviously have taken
the Elmasrys off the hook,
853
00:36:45,555 --> 00:36:47,837
it was bad for Immunity Insurance.
854
00:36:47,861 --> 00:36:50,014
Would set a horrible legal precedent
855
00:36:50,038 --> 00:36:52,494
and would only reinforce
the idea that people,
856
00:36:52,518 --> 00:36:55,845
especially young people who
indulge in risky behavior,
857
00:36:55,869 --> 00:36:58,848
can expect big cash payouts
if they have an accident.
858
00:36:58,872 --> 00:37:00,937
That they needed to draw
a line in the sand.
859
00:37:00,961 --> 00:37:02,596
That this was the case to do it with.
860
00:37:02,620 --> 00:37:05,203
Well, I suppose it's their right.
861
00:37:05,665 --> 00:37:07,901
Actually, I'm not sure it is.
862
00:37:07,925 --> 00:37:09,685
Benny, call down to the courthouse,
863
00:37:09,709 --> 00:37:12,384
see if you can't postpone today.
864
00:37:12,408 --> 00:37:15,126
I want to call
another settlement meeting.
865
00:37:15,150 --> 00:37:17,258
Really? With who?
866
00:37:17,282 --> 00:37:19,795
With James and his mother
and the Elmasrys
867
00:37:19,819 --> 00:37:22,033
- and Avery.
- Avery?
868
00:37:22,057 --> 00:37:24,072
But she and her company
withdrew from the case.
869
00:37:24,096 --> 00:37:25,701
I know.
870
00:37:25,725 --> 00:37:28,269
Tell her I need her here.
871
00:37:28,293 --> 00:37:30,228
Uh, tell her it's about the bill.
872
00:37:30,252 --> 00:37:32,012
I don't care. Just get her over here.
873
00:37:32,036 --> 00:37:33,405
What time were you thinking?
874
00:37:33,429 --> 00:37:35,581
I was thinking the others
should be here at 2:00.
875
00:37:35,605 --> 00:37:37,780
Have Avery be here at 1:00.
876
00:37:40,784 --> 00:37:42,849
- Ms. Kress.
- Yes?
877
00:37:42,873 --> 00:37:45,919
Dr. Bull and Mr. Col�n
are waiting for you.
878
00:37:48,933 --> 00:37:50,519
Dr. Bull.
879
00:37:50,544 --> 00:37:52,131
Mr. Col�n.
880
00:37:52,545 --> 00:37:54,252
Am I on trial?
881
00:37:54,276 --> 00:37:56,558
Ms. Kress. Of course not.
882
00:37:56,582 --> 00:37:58,169
Well, what's so pressing?
883
00:37:58,193 --> 00:38:00,388
This can't really be about your bill.
884
00:38:00,412 --> 00:38:03,913
Looks like you have every toy
that a lawyer
885
00:38:03,937 --> 00:38:06,307
or a trial scientist could fit in here.
886
00:38:06,331 --> 00:38:07,874
No, we just wanted to invite you
887
00:38:07,898 --> 00:38:09,005
to a little settlement conference
888
00:38:09,029 --> 00:38:10,442
we're putting together.
889
00:38:10,466 --> 00:38:13,793
Yeah. Your old clients
the Elmasrys will be there.
890
00:38:13,817 --> 00:38:15,768
So will the attorney for James Donovan.
891
00:38:15,792 --> 00:38:17,560
We didn't want you to feel left out.
892
00:38:18,691 --> 00:38:20,800
Huh. I-I'm confused.
893
00:38:20,824 --> 00:38:24,195
You know I withdrew from this case.
894
00:38:24,219 --> 00:38:27,198
You know Immunity
no longer insures the Elmasrys.
895
00:38:27,222 --> 00:38:28,590
We know.
896
00:38:28,614 --> 00:38:31,593
We just thought
you might want to reconsider.
897
00:38:31,617 --> 00:38:33,595
Really? Why?
898
00:38:33,619 --> 00:38:37,077
Oh, a little legal thing
called bad faith.
899
00:38:37,632 --> 00:38:40,123
Are you two accusing me of something?
900
00:38:40,147 --> 00:38:42,213
We're offering you a second chance.
901
00:38:42,237 --> 00:38:45,129
And those don't come around very often,
902
00:38:45,153 --> 00:38:47,392
so let's review your options. Option one.
903
00:38:47,416 --> 00:38:49,394
We continue with the trial,
904
00:38:49,418 --> 00:38:52,179
and the jury finds in favor of James
905
00:38:52,203 --> 00:38:55,051
to the tune of maybe $8 million?
906
00:38:55,075 --> 00:38:56,618
And the Elmasrys don't have $8 million.
907
00:38:56,642 --> 00:38:58,229
So then,
908
00:38:58,253 --> 00:39:01,125
with our help, they sue you.
909
00:39:02,213 --> 00:39:03,451
For?
910
00:39:03,475 --> 00:39:05,236
The aforementioned bad faith.
911
00:39:05,260 --> 00:39:07,977
Oh, did we forget to mention that...
912
00:39:08,001 --> 00:39:10,066
we've got a dozen e-mails here
913
00:39:10,090 --> 00:39:12,808
that say your company was fully aware
914
00:39:12,832 --> 00:39:15,855
of the $2 million offer
that you originally gave
915
00:39:15,879 --> 00:39:18,945
and found it completely reasonable.
Better than reasonable,
916
00:39:18,969 --> 00:39:21,382
considering it is an insurance company
917
00:39:21,406 --> 00:39:25,560
going up against a teenager
in a wheelchair.
918
00:39:25,584 --> 00:39:27,736
But you turned it down.
919
00:39:27,760 --> 00:39:29,651
Not because you were trying to do
920
00:39:29,675 --> 00:39:30,824
what's best for the Elmasrys
921
00:39:30,848 --> 00:39:33,264
but because your company
was trying to prove a point.
922
00:39:33,288 --> 00:39:35,657
A point you apparently
were willing to make
923
00:39:35,681 --> 00:39:37,006
at your client's expense,
924
00:39:37,030 --> 00:39:39,748
which is not the way
it's supposed to be done.
925
00:39:40,111 --> 00:39:41,446
Isn't it?
926
00:39:41,470 --> 00:39:43,099
You know as well as I do
927
00:39:43,123 --> 00:39:45,145
insurance companies aren't
in the business of paying out
928
00:39:45,169 --> 00:39:47,060
just so everyone can feel good.
929
00:39:47,084 --> 00:39:49,769
That boy was old enough
to understand his actions.
930
00:39:49,793 --> 00:39:52,322
We were perfectly
within our rights to litigate.
931
00:39:52,346 --> 00:39:53,893
But you did not litigate.
932
00:39:53,917 --> 00:39:56,025
You walked out halfway through.
933
00:39:56,460 --> 00:39:58,099
The Elmasrys lied.
934
00:39:58,123 --> 00:40:01,727
The Elmasrys tried to save you
and themselves some money
935
00:40:01,751 --> 00:40:03,729
because they knew if they filed a claim,
936
00:40:03,753 --> 00:40:05,494
you would raise their rates.
937
00:40:06,625 --> 00:40:07,602
And we would have.
938
00:40:07,626 --> 00:40:08,908
And you know
939
00:40:08,932 --> 00:40:11,650
damn well if you voided
every policy you sold
940
00:40:11,674 --> 00:40:14,653
because the insured
failed to file a claim,
941
00:40:14,677 --> 00:40:16,916
you'd have virtually no customers.
942
00:40:17,481 --> 00:40:18,918
You got into this trial
943
00:40:18,942 --> 00:40:20,833
and quickly realized
what I told you is true.
944
00:40:20,857 --> 00:40:23,488
It is almost impossible to win
945
00:40:23,512 --> 00:40:26,839
against a minor in a wheelchair,
no matter how he got there.
946
00:40:26,863 --> 00:40:29,189
And so you started looking
for a loophole,
947
00:40:29,213 --> 00:40:31,974
any loophole,
that would let you walk away.
948
00:40:31,998 --> 00:40:34,281
You acted in bad faith.
949
00:40:34,305 --> 00:40:36,764
You weren't looking out for
the people you agreed to insure.
950
00:40:36,788 --> 00:40:40,113
You were looking out
for yourself and your company.
951
00:40:40,137 --> 00:40:42,594
And New York state law is very clear.
952
00:40:42,618 --> 00:40:44,465
If Immunity Insurance acted in bad faith,
953
00:40:44,489 --> 00:40:45,901
they are on the hook
954
00:40:45,925 --> 00:40:48,426
for whatever number
the jury comes up with.
955
00:40:48,450 --> 00:40:50,254
And I got to tell you,
956
00:40:50,278 --> 00:40:52,497
they're gonna come up with a whopper.
957
00:40:53,633 --> 00:40:56,109
Which brings us to your other option.
958
00:40:57,165 --> 00:40:58,518
Why don't you come upstairs with us
959
00:40:58,542 --> 00:41:00,481
before the jury comes back
with a verdict?
960
00:41:00,505 --> 00:41:02,483
Give that boy $4 million,
961
00:41:02,507 --> 00:41:05,138
$2 million more than the original offer,
962
00:41:05,162 --> 00:41:07,836
and let the Elmasrys keep their business,
963
00:41:07,860 --> 00:41:09,360
and we can just...
964
00:41:09,384 --> 00:41:11,255
make this whole thing go away.
965
00:41:12,281 --> 00:41:13,823
You know, Bull,
966
00:41:13,848 --> 00:41:17,611
if we sue Immunity
on behalf of the Elmasrys,
967
00:41:17,740 --> 00:41:20,066
I'm betting discovery would come up
968
00:41:20,090 --> 00:41:22,155
with a whole lot more
interesting e-mails.
969
00:41:22,179 --> 00:41:23,686
Hmm. Benny.
970
00:41:23,710 --> 00:41:25,841
You just might be onto something.
971
00:41:27,802 --> 00:41:30,946
If you're right about the jury,
972
00:41:30,970 --> 00:41:32,818
if you're really convinced
973
00:41:32,842 --> 00:41:35,081
that they're going to ask for $8 million,
974
00:41:35,105 --> 00:41:38,606
why would the plaintiff
settle for $4 million?
975
00:41:38,630 --> 00:41:39,912
Well, it turns out
976
00:41:39,936 --> 00:41:41,957
he wasn't completely truthful
on the stand,
977
00:41:41,981 --> 00:41:44,768
and once I tell his attorney
we're gonna go and talk
978
00:41:44,792 --> 00:41:48,486
to the judge about it, I think
she's gonna settle right away.
979
00:41:48,510 --> 00:41:50,199
Shall we head up?
980
00:41:51,325 --> 00:41:52,664
Let's.
981
00:41:52,688 --> 00:41:55,275
Hey! Anybody else hungry?
982
00:41:55,299 --> 00:41:57,432
Anybody else feel like pizza?
983
00:41:59,126 --> 00:42:02,802
Maybe we can get the Elmasrys
to bring a pie over with them.
984
00:42:02,827 --> 00:42:04,413
Is it really that good?
985
00:42:04,438 --> 00:42:06,416
Oh, I hear it's great.
986
00:42:06,441 --> 00:42:07,766
Call them.
987
00:42:07,920 --> 00:42:09,550
You're kind of pushy, you know that?
988
00:42:09,575 --> 00:42:11,727
Hey. You don't have to like her.
989
00:42:12,055 --> 00:42:13,723
You just have to defend her.
72364
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