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These are the user uploaded subtitles that are being translated: 1 00:00:10,227 --> 00:00:12,012 BOY: I really can't believe you spent money on that. 2 00:00:12,055 --> 00:00:13,317 I had those when I was, like, six. 3 00:00:13,361 --> 00:00:15,015 GIRL: Hey, they're vintage, dude. 4 00:00:15,058 --> 00:00:16,755 [laughs softly] 5 00:00:16,799 --> 00:00:18,366 Have you two been here before? 6 00:00:19,932 --> 00:00:22,065 BOY: Mm, Amir's? 7 00:00:22,109 --> 00:00:23,675 Never been here. 8 00:00:23,719 --> 00:00:25,155 Is it good? 9 00:00:25,199 --> 00:00:26,548 Oh, man. 10 00:00:26,591 --> 00:00:28,898 Oh, and they do this thing, it's like a contest. 11 00:00:28,941 --> 00:00:30,160 You take a selfie 12 00:00:30,204 --> 00:00:31,727 with the slice of pizza in the shot, 13 00:00:31,770 --> 00:00:34,512 and if the owner likes it, you get a free slice of pizza. 14 00:00:34,556 --> 00:00:36,340 Okay. 15 00:00:36,384 --> 00:00:37,602 Wh-What are you doing?[camera clicks] 16 00:00:37,646 --> 00:00:39,343 Banking myself a piece of pizza. 17 00:00:40,779 --> 00:00:41,911 [clicks] 18 00:00:41,954 --> 00:00:44,261 What do you think?That isn't going 19 00:00:44,305 --> 00:00:46,002 to get you a glass of water. 20 00:00:46,046 --> 00:00:47,786 They've got hundreds of pictures in there 21 00:00:47,830 --> 00:00:50,398 all over the wall that look just like that one. 22 00:00:50,441 --> 00:00:52,139 Stay right here. 23 00:00:56,752 --> 00:00:58,667 [dog barking in distance] 24 00:01:02,453 --> 00:01:04,673 [rattling] 25 00:01:16,032 --> 00:01:17,164 [grunts] 26 00:01:21,777 --> 00:01:23,909 [strained grunting] 27 00:01:27,739 --> 00:01:29,698 [dog barking in distance] 28 00:01:36,444 --> 00:01:38,707 [siren wailing in distance] 29 00:01:40,752 --> 00:01:42,711 [grunting] 30 00:01:44,365 --> 00:01:45,670 [sighs] 31 00:01:47,716 --> 00:01:48,543 Hey. 32 00:01:48,586 --> 00:01:51,111 Ah-ha-ha. I'm impressed. 33 00:01:51,154 --> 00:01:52,982 Nice, James. 34 00:01:53,025 --> 00:01:54,897 [electrical lights buzzing] 35 00:02:01,208 --> 00:02:03,427 [clicks]GIRL: Come on down, James. 36 00:02:03,471 --> 00:02:06,300 Somebody's gonna come by and hear us. 37 00:02:06,343 --> 00:02:07,779 Give me a second. 38 00:02:08,563 --> 00:02:11,087 [metallic creaking] 39 00:02:12,480 --> 00:02:14,177 Oh, my God. 40 00:02:14,221 --> 00:02:15,787 I can't look. 41 00:02:15,831 --> 00:02:17,267 [clicks][thud] 42 00:02:17,311 --> 00:02:18,442 [gasp] 43 00:02:20,401 --> 00:02:21,576 [rumbling, crackling] 44 00:02:21,619 --> 00:02:22,751 [grunts] 45 00:02:24,709 --> 00:02:25,362 [screams] 46 00:02:25,406 --> 00:02:27,321 James! 47 00:02:27,364 --> 00:02:29,758 [metallic creaking] 48 00:02:30,976 --> 00:02:32,456 Oh, my God. 49 00:02:32,500 --> 00:02:34,154 [screams]James! 50 00:02:35,242 --> 00:02:37,069 James? 51 00:02:37,113 --> 00:02:41,030 ASTRID: My client was a healthy, vibrant 14-year-old boy. 52 00:02:41,073 --> 00:02:43,554 He loved to play baseball, 53 00:02:43,598 --> 00:02:45,252 go rock climbing, 54 00:02:45,295 --> 00:02:48,168 swimming in the summer, sledding in the winter. 55 00:02:48,211 --> 00:02:50,300 Now he has to spend the rest of his life 56 00:02:50,344 --> 00:02:52,302 in a wheelchair.BENNY: And my client, 57 00:02:52,346 --> 00:02:56,393 Immunity Insurance, shares your sense of despair about that. 58 00:02:56,437 --> 00:02:59,570 But... nonetheless, this is clearly a tragedy 59 00:02:59,614 --> 00:03:02,051 of your client's own making. 60 00:03:02,094 --> 00:03:04,445 No one asked him to climb up on that roof. 61 00:03:04,488 --> 00:03:07,099 No one compelled him to sit on a piece of signage 62 00:03:07,143 --> 00:03:10,755 that was clearly not meant to support his weight. 63 00:03:10,799 --> 00:03:12,409 So why are we here? 64 00:03:12,453 --> 00:03:14,585 Why invite us to a settlement conference 65 00:03:14,629 --> 00:03:16,761 if you have no intention of settling? 66 00:03:16,805 --> 00:03:18,241 AVERY: Ask the court. 67 00:03:18,285 --> 00:03:22,114 As the insurers for Amir's Flying Carpet Pizza Parlor, 68 00:03:22,158 --> 00:03:24,943 my company has decided to take the position 69 00:03:24,987 --> 00:03:28,599 that we bear no liability for James Donovan's injuries, 70 00:03:28,643 --> 00:03:32,603 regardless of how tragic they are. 71 00:03:32,647 --> 00:03:33,691 Seriously? 72 00:03:33,735 --> 00:03:34,823 Seriously. 73 00:03:34,866 --> 00:03:36,607 We're prepared to go to trial. 74 00:03:36,651 --> 00:03:38,479 [laughs]: I should have assumed as much 75 00:03:38,522 --> 00:03:41,873 when you invited us to a meeting at a trial science company. 76 00:03:41,917 --> 00:03:43,919 We sympathize with James 77 00:03:43,962 --> 00:03:47,139 and his family, but we also believe 78 00:03:47,183 --> 00:03:49,141 that any rational jury will find 79 00:03:49,185 --> 00:03:50,839 that the owners of the establishment, 80 00:03:50,882 --> 00:03:54,277 the Elmasry family, have done nothing wrong. 81 00:03:54,321 --> 00:03:57,149 The fact is, your client was trespassing. 82 00:03:57,193 --> 00:03:58,803 No. No, I'm sorry. 83 00:03:58,847 --> 00:04:00,979 Your client was negligent. 84 00:04:01,023 --> 00:04:04,853 They installed a giant, illuminated slice of pizza 85 00:04:04,896 --> 00:04:07,247 on top of a two-story building. 86 00:04:07,290 --> 00:04:10,467 It practically screamed to children, "Climb me." 87 00:04:10,511 --> 00:04:12,687 I gather you're planning to invoke 88 00:04:12,730 --> 00:04:14,993 the attractive nuisance doctrine? 89 00:04:15,037 --> 00:04:16,821 If the shoe fits. 90 00:04:16,865 --> 00:04:18,127 It doesn't. BULL: If I may... 91 00:04:18,170 --> 00:04:19,955 interject. 92 00:04:19,998 --> 00:04:22,479 The fact that we are having 93 00:04:22,523 --> 00:04:25,134 the meeting here does not automatically negate 94 00:04:25,177 --> 00:04:26,788 the possibility of a settlement, 95 00:04:26,831 --> 00:04:29,486 or I would not have agreed to host it. 96 00:04:29,530 --> 00:04:32,010 Secondly, the attractive nuisance doctrine 97 00:04:32,054 --> 00:04:34,056 to which you are referring 98 00:04:34,099 --> 00:04:35,840 is intended to protect toddlers 99 00:04:35,884 --> 00:04:38,321 from being lured into hazardous situations, 100 00:04:38,365 --> 00:04:41,846 like an unfenced pool or a broken trampoline. 101 00:04:41,890 --> 00:04:43,805 Your client is not a toddler, 102 00:04:43,848 --> 00:04:46,024 and this is not one of those situations. 103 00:04:46,068 --> 00:04:48,026 BENNY: James Donovan had enough physical strength 104 00:04:48,070 --> 00:04:49,332 and mental acuity 105 00:04:49,376 --> 00:04:53,684 to ignore large, illuminated signage, 106 00:04:53,728 --> 00:04:55,947 scale a chain-link fence, 107 00:04:55,991 --> 00:05:00,474 climb a two-story building and hoist himself upon a roof. 108 00:05:00,517 --> 00:05:03,215 You can't blame that on the Elmasrys. 109 00:05:03,259 --> 00:05:04,695 The Elmasrys lured him in 110 00:05:04,739 --> 00:05:09,047 with their "selfie gets you a free slice" promotion. 111 00:05:09,091 --> 00:05:11,659 They created a social media campaign 112 00:05:11,702 --> 00:05:14,705 that encouraged children to compete 113 00:05:14,749 --> 00:05:17,839 to see who could take the most attention-getting selfie. 114 00:05:17,882 --> 00:05:19,884 Nowhere in their entreaties did it say: 115 00:05:19,928 --> 00:05:21,886 "Do not climb on our building." 116 00:05:21,930 --> 00:05:26,369 Okay. The court mandated a pretrial settlement conference. 117 00:05:26,413 --> 00:05:28,632 We have conferred. 118 00:05:28,676 --> 00:05:31,722 Now give us your demands so we can be done with it. 119 00:05:31,766 --> 00:05:34,812 We know that the Elmasrys' policy with Immunity Insurance 120 00:05:34,856 --> 00:05:37,032 is capped at $2 million. 121 00:05:37,075 --> 00:05:41,210 We also know how lengthy and expensive litigation will be. 122 00:05:41,253 --> 00:05:44,387 With that in mind, the Donovans are prepared 123 00:05:44,431 --> 00:05:47,912 to settle for the full $2 million. 124 00:05:47,956 --> 00:05:49,914 Well, thank you for coming by. 125 00:05:49,958 --> 00:05:52,047 Don't you at least want to run it up the flagpole 126 00:05:52,090 --> 00:05:53,396 before rejecting it? 127 00:05:53,440 --> 00:05:55,137 I amthe flagpole. 128 00:05:55,180 --> 00:05:58,923 Of course, I will run it by the Elmasrys, 129 00:05:58,967 --> 00:06:00,795 but I already know what the answer will be. 130 00:06:02,623 --> 00:06:04,276 See you in court. 131 00:06:13,285 --> 00:06:16,767 $2 million would have been a pretty good resolution. 132 00:06:16,811 --> 00:06:18,290 You didn't even counter. 133 00:06:18,334 --> 00:06:19,683 We probably could have 134 00:06:19,727 --> 00:06:21,990 gotten them down to about a million and a half. 135 00:06:22,033 --> 00:06:24,427 That's why I hired the two of you. 136 00:06:24,471 --> 00:06:26,951 We're gonna get them down to nothing. 137 00:06:26,995 --> 00:06:28,431 BULL: Ms. Kress, 138 00:06:28,475 --> 00:06:30,041 uh, I'm gonna be honest with you. 139 00:06:30,085 --> 00:06:31,478 We're thrilled to have your business, 140 00:06:31,521 --> 00:06:34,350 thrilled to do all we can to help you and your company 141 00:06:34,394 --> 00:06:37,309 achieve legal success in this case, but... 142 00:06:37,353 --> 00:06:39,050 Mr. Colón is right. 143 00:06:39,094 --> 00:06:42,271 I'd seriously ask you to reconsider their proposal 144 00:06:42,314 --> 00:06:44,273 and avoid trial. 145 00:06:44,316 --> 00:06:47,102 This is a trial science company. 146 00:06:47,145 --> 00:06:49,583 I thought you were all about going to trial. 147 00:06:49,626 --> 00:06:51,019 I don't understand. 148 00:06:51,062 --> 00:06:53,413 Well, Ms. Kress, put yourself in the jury's shoes. 149 00:06:53,456 --> 00:06:55,980 Every morning they walk into that court, 150 00:06:56,024 --> 00:06:58,287 and they see a boy in a wheelchair. 151 00:06:58,330 --> 00:07:00,289 Then they look to the other side of the courtroom, 152 00:07:00,332 --> 00:07:03,988 and they see you, me and Dr. Bull doing everything we can 153 00:07:04,032 --> 00:07:07,992 to avoid giving that boy money your company can easily afford. 154 00:07:08,036 --> 00:07:09,994 Money your customers, the very nice family 155 00:07:10,038 --> 00:07:11,866 who own the pizza parlor, 156 00:07:11,909 --> 00:07:13,998 have every right to expect you to pay on their behalf. 157 00:07:14,042 --> 00:07:15,522 This is a premises liability suit. 158 00:07:15,565 --> 00:07:18,133 How many hundreds of these do you deal with a week? 159 00:07:18,176 --> 00:07:19,743 Many hundreds. 160 00:07:19,787 --> 00:07:21,484 Then explain the math to me, 161 00:07:21,528 --> 00:07:23,225 'cause I can't quite figure it out. 162 00:07:23,268 --> 00:07:25,619 You'd rather give my company a million dollars 163 00:07:25,662 --> 00:07:27,664 and spend all the other costs 164 00:07:27,708 --> 00:07:30,362 associated with taking this thing to court... 165 00:07:30,406 --> 00:07:33,365 than give a crippled child $2 million? 166 00:07:33,409 --> 00:07:36,412 [laughs]: Oh, it isn't that that we take issue with. 167 00:07:36,456 --> 00:07:39,067 It's the selfie of it all. 168 00:07:39,110 --> 00:07:42,070 You would be shocked how many people are injured or killed 169 00:07:42,113 --> 00:07:45,290 doing something that requires all of their attention 170 00:07:45,334 --> 00:07:48,250 while pointing a phone at themselves. 171 00:07:48,293 --> 00:07:49,556 Oh, I know. 172 00:07:49,599 --> 00:07:51,427 People fall into the Grand Canyon. 173 00:07:51,471 --> 00:07:53,124 They get mauled by zoo animals. 174 00:07:53,168 --> 00:07:56,171 Selfie culture is a complex mixture 175 00:07:56,214 --> 00:07:58,652 of identity, expression, self-esteem. 176 00:07:58,695 --> 00:08:01,089 But... I am reasonably certain 177 00:08:01,132 --> 00:08:03,526 you can't litigate it out of existence. 178 00:08:03,570 --> 00:08:05,789 Well, my company is determined to try. 179 00:08:05,833 --> 00:08:10,272 The question is, will we do it with the two of you at our side? 180 00:08:10,315 --> 00:08:12,056 The trial hasn't started yet. 181 00:08:12,100 --> 00:08:13,667 You can still bow out. 182 00:08:13,710 --> 00:08:16,887 Happy to give some other firm that million. 183 00:08:16,931 --> 00:08:18,628 And yes... 184 00:08:18,672 --> 00:08:23,546 I know you two boys are supposed to be the best... 185 00:08:23,590 --> 00:08:27,507 but if second best is all that's available to us... 186 00:08:27,550 --> 00:08:30,466 I promise you we'll make do. 187 00:08:34,122 --> 00:08:35,732 Like I said before... 188 00:08:35,776 --> 00:08:38,561 we're happy to take your money, Ms. Kress. 189 00:08:38,605 --> 00:08:41,172 AVERY: Yes. Well... 190 00:08:41,216 --> 00:08:44,219 it turns out almost everyone is. 191 00:08:46,134 --> 00:08:48,136 See you at trial, gentlemen. 192 00:08:51,139 --> 00:08:54,577 We just have to defend them. We don't have to like them. 193 00:08:54,621 --> 00:08:56,536 ♪ 194 00:09:03,107 --> 00:09:05,588 Meet the plaintiff-- James Donovan. 195 00:09:05,632 --> 00:09:08,765 Wow. What a sweet-looking kid. 196 00:09:08,809 --> 00:09:12,029 And we're on which side of this particular dispute? 197 00:09:12,073 --> 00:09:13,422 Don't be a wise guy. 198 00:09:13,465 --> 00:09:15,511 And this is the last photo 199 00:09:15,555 --> 00:09:19,254 James took before he fell two stories to the sidewalk. 200 00:09:19,297 --> 00:09:21,082 Scary. 201 00:09:21,125 --> 00:09:22,910 And this is James today. 202 00:09:22,953 --> 00:09:23,911 [gasps softly] 203 00:09:23,954 --> 00:09:25,303 What a nightmare. 204 00:09:25,347 --> 00:09:27,088 Will this kid ever walk again? 205 00:09:27,131 --> 00:09:28,611 AVERY: Based on the severity 206 00:09:28,655 --> 00:09:32,746 of his injuries and the current state of medical technology, 207 00:09:32,789 --> 00:09:35,618 I'd say that's highly unlikely. 208 00:09:35,662 --> 00:09:38,229 But frankly, that's really a question 209 00:09:38,273 --> 00:09:40,754 for his family's health insurance provider. 210 00:09:40,797 --> 00:09:43,931 Our focus needs to be on making a case 211 00:09:43,974 --> 00:09:47,325 that the willful trespassing that went on here 212 00:09:47,369 --> 00:09:49,632 exempts this as a claim 213 00:09:49,676 --> 00:09:51,982 against the property owner's commercial liability insurance. 214 00:09:52,026 --> 00:09:53,810 This is Avery Kress. 215 00:09:53,854 --> 00:09:55,420 Ah. Senior vice president 216 00:09:55,464 --> 00:09:58,598 of claims at Immunity Insurance. 217 00:09:58,641 --> 00:09:59,990 Our client. 218 00:10:00,034 --> 00:10:01,601 Nice to meet you all. 219 00:10:01,644 --> 00:10:03,167 I just had breakfast with Dr. Bull, 220 00:10:03,211 --> 00:10:06,518 and he suggested that I stop by and sit in on your... 221 00:10:06,562 --> 00:10:07,998 strategy session. 222 00:10:08,042 --> 00:10:10,435 Look, the burden of proof 223 00:10:10,479 --> 00:10:14,309 is on the plaintiffs to prove negligence. 224 00:10:14,352 --> 00:10:18,661 Our job is to demonstrate that the owners did everything right. 225 00:10:18,705 --> 00:10:20,402 Fences. Locks. 226 00:10:20,445 --> 00:10:23,318 We have to prove they made it as hard as they could 227 00:10:23,361 --> 00:10:25,712 for anyone to get up on that roof. 228 00:10:25,755 --> 00:10:28,758 I don't know. I don't want to just roll over 229 00:10:28,802 --> 00:10:30,499 and buy into the plaintiff's theory 230 00:10:30,542 --> 00:10:32,457 that just because the victim is a minor, 231 00:10:32,501 --> 00:10:36,461 that he's covered by the attractive nuisance doctrine. 232 00:10:36,505 --> 00:10:37,854 The boy is 14. 233 00:10:37,898 --> 00:10:39,682 He is not an infant. 234 00:10:39,726 --> 00:10:41,466 He should have known better. 235 00:10:41,510 --> 00:10:44,252 Eh. It's never a great thing to blame the victim, 236 00:10:44,295 --> 00:10:46,558 especially if the victim's in a wheelchair. 237 00:10:46,602 --> 00:10:48,691 Forgive me for being blunt, 238 00:10:48,735 --> 00:10:50,388 but I don't think the face of this case 239 00:10:50,432 --> 00:10:52,042 should be the big bad insurance company. 240 00:10:52,086 --> 00:10:55,089 I think it should be the owner of the pizza restaurant. 241 00:10:55,132 --> 00:10:58,309 The people who stand to lose everything 242 00:10:58,353 --> 00:10:59,789 when they've done nothing wrong. 243 00:10:59,833 --> 00:11:02,226 Now that's something the jury could hang their hat on, 244 00:11:02,270 --> 00:11:04,098 and that's something the jury could relate to. 245 00:11:04,141 --> 00:11:05,403 I don't agree. 246 00:11:05,447 --> 00:11:07,667 I'm telling you, it'll come across as callous. 247 00:11:07,710 --> 00:11:09,581 Not if you finesse it. 248 00:11:12,280 --> 00:11:15,413 Well, uh, what does Dr. Bull think? 249 00:11:15,457 --> 00:11:17,459 Well, I guess we'll see. 250 00:11:17,502 --> 00:11:19,940 We have voir dire in three hours. 251 00:11:19,983 --> 00:11:22,333 Maybe the secret lies somewhere in the middle. 252 00:11:22,377 --> 00:11:24,422 How do you mean? 253 00:11:24,466 --> 00:11:25,902 Yeah, how do you mean? 254 00:11:25,946 --> 00:11:29,645 Well, maybe we let our narrative embrace... both ideas. 255 00:11:29,689 --> 00:11:31,647 Present them as if they complement each other, 256 00:11:31,691 --> 00:11:32,692 which they do. 257 00:11:32,735 --> 00:11:34,128 I don't follow. 258 00:11:34,171 --> 00:11:36,608 We make sure the jury sees your clients 259 00:11:36,652 --> 00:11:38,262 as responsible business owners 260 00:11:38,306 --> 00:11:40,743 who took every possible precaution. 261 00:11:40,787 --> 00:11:43,354 Then we make sure they see James 262 00:11:43,398 --> 00:11:46,009 as a mature young man who has to be held responsible 263 00:11:46,053 --> 00:11:47,358 for his reckless choices. 264 00:11:47,402 --> 00:11:48,751 He doesn't get a free pass 265 00:11:48,795 --> 00:11:50,666 just because he got badly hurt. 266 00:11:53,800 --> 00:11:57,107 Mr. Elmasry, Mrs. Elmasry. 267 00:11:57,151 --> 00:11:59,283 My name's Dr. Jason Bull. I'll be spearheading 268 00:11:59,327 --> 00:12:00,589 your defense here in court. 269 00:12:00,632 --> 00:12:02,112 Allow me to introduce your attorney of record, 270 00:12:02,156 --> 00:12:03,374 Mr. Benjamin Colón. 271 00:12:03,418 --> 00:12:04,811 BENNY: Pleasure to meet you both. 272 00:12:04,854 --> 00:12:06,116 AVERY: So I'm guessing Mr. Elmasry 273 00:12:06,160 --> 00:12:08,205 will sit up here with you and me, 274 00:12:08,249 --> 00:12:10,251 and Mr. Colón and, uh, 275 00:12:10,294 --> 00:12:11,556 Mrs. Elmasry, you'll sit in the gallery 276 00:12:11,600 --> 00:12:12,557 directly behind us.Actually, 277 00:12:12,601 --> 00:12:13,776 here's what I'd like to do. 278 00:12:13,820 --> 00:12:15,256 I'd like to have the two of you sit up here 279 00:12:15,299 --> 00:12:16,779 at the defense table with Mr. Colón, 280 00:12:16,823 --> 00:12:20,522 and you and I will be in the gallery. 281 00:12:21,784 --> 00:12:24,482 I think it's important when the jury looks over 282 00:12:24,526 --> 00:12:26,180 at the defense table, they are reminded 283 00:12:26,223 --> 00:12:29,400 that the only people with anything to lose at this trial 284 00:12:29,444 --> 00:12:31,054 are a hard-working family, 285 00:12:31,098 --> 00:12:32,795 not a gaggle of well-dressed, 286 00:12:32,839 --> 00:12:35,058 well-paid executives and lawyers. 287 00:12:35,102 --> 00:12:38,366 Plus, it'll give you a chance to see what it is I do 288 00:12:38,409 --> 00:12:41,064 that your company is paying so much for. 289 00:12:42,849 --> 00:12:45,199 Any chance I could steal you for five minutes 290 00:12:45,242 --> 00:12:47,854 before we get this thing started? 291 00:12:47,897 --> 00:12:50,204 She's a real piece of work, our Ms. Kress. 292 00:12:50,247 --> 00:12:51,771 You can say that again. 293 00:12:51,814 --> 00:12:54,164 She's a real piece of work. 294 00:12:54,208 --> 00:12:56,036 Now that we've got that out of the way, 295 00:12:56,079 --> 00:12:58,821 how do you suggest we curate a jury 296 00:12:58,865 --> 00:13:01,302 that will look past a kid in a wheelchair? 297 00:13:01,345 --> 00:13:04,479 Well, in this case, it's not so much about selecting 298 00:13:04,522 --> 00:13:06,524 as it is about de-selecting. 299 00:13:06,568 --> 00:13:09,440 Anyone with a pulse is gonna take one look at the plaintiff 300 00:13:09,484 --> 00:13:12,008 and want to help him, want to do something for him. 301 00:13:12,052 --> 00:13:14,358 Got it. So we eliminate anyone with a pulse. 302 00:13:14,402 --> 00:13:16,447 Or, failing that, 303 00:13:16,491 --> 00:13:19,973 we minimize the presence of sentimentalists. 304 00:13:20,016 --> 00:13:21,844 'Cause we want jurors who lead with their heads. 305 00:13:21,888 --> 00:13:25,456 Who prioritize logic and reason over emotion. 306 00:13:25,500 --> 00:13:27,850 People who will be able to see clearly 307 00:13:27,894 --> 00:13:29,460 that our client isn't responsible 308 00:13:29,504 --> 00:13:30,984 for what happened to James. 309 00:13:31,027 --> 00:13:33,334 James is. 310 00:13:33,377 --> 00:13:35,466 Good afternoon, everyone. 311 00:13:35,510 --> 00:13:37,251 So let's imagine 312 00:13:37,294 --> 00:13:40,341 there's a hurricane barreling down on your town. 313 00:13:40,384 --> 00:13:42,473 Wind, rain, 314 00:13:42,517 --> 00:13:44,649 emergency crews, the whole nine yards. 315 00:13:44,693 --> 00:13:47,261 You've just received an order to evacuate. 316 00:13:47,304 --> 00:13:49,350 You have five minutes to leave your town. 317 00:13:49,393 --> 00:13:51,352 What do you take?Well, 318 00:13:51,395 --> 00:13:52,962 I guess I'd take my phone, 319 00:13:53,006 --> 00:13:55,225 my keys, my wallet. 320 00:13:55,269 --> 00:13:58,098 Oh, and our passports and our marriage license. 321 00:13:58,141 --> 00:13:59,621 Important documents.Mm. 322 00:13:59,664 --> 00:14:01,101 You sound very practical. 323 00:14:01,144 --> 00:14:02,798 I suppose I am. 324 00:14:04,104 --> 00:14:06,454 Your Honor, juror number eight 325 00:14:06,497 --> 00:14:08,456 is acceptable to the defense. 326 00:14:08,499 --> 00:14:10,023 And what about you, sir? 327 00:14:10,066 --> 00:14:13,026 What would you take if you only had minutes to evacuate? 328 00:14:13,069 --> 00:14:15,202 Well, first, I'd make sure my family is safe. 329 00:14:15,245 --> 00:14:16,899 Of course.Then, I guess I'd grab 330 00:14:16,943 --> 00:14:18,379 the photo albums... 331 00:14:18,422 --> 00:14:20,990 my father's urn... and the blanket 332 00:14:21,034 --> 00:14:22,905 we brought our daughter home in from the hospital. 333 00:14:22,949 --> 00:14:24,080 Important memories. 334 00:14:24,124 --> 00:14:26,561 They are for me. 335 00:14:26,604 --> 00:14:30,043 Your Honor, we'd like to thank and excuse juror number 12. 336 00:14:30,086 --> 00:14:32,262 Okay, can I have a show of hands? 337 00:14:32,306 --> 00:14:35,787 How many of you have kids? 338 00:14:35,831 --> 00:14:37,354 Okay. 339 00:14:37,398 --> 00:14:40,096 Ah, I see you didn't raise your hand. 340 00:14:40,140 --> 00:14:41,445 May I ask, 341 00:14:41,489 --> 00:14:43,360 do you have any nieces or nephews? 342 00:14:43,404 --> 00:14:45,362 I have a niece. She's six. 343 00:14:45,406 --> 00:14:48,148 You know, Christmas is coming up. 344 00:14:48,191 --> 00:14:50,541 You ever think about maybe giving her a puppy? 345 00:14:50,585 --> 00:14:54,676 [chuckles] Sounds sweet, but my brother would never forgive me. 346 00:14:54,719 --> 00:14:56,373 Mm. 347 00:14:56,417 --> 00:14:59,899 Your Honor, this juror is acceptable to the defense. 348 00:14:59,942 --> 00:15:02,162 Nice work. 349 00:15:02,205 --> 00:15:03,903 I see what you're doing here. 350 00:15:03,946 --> 00:15:06,253 Stacking the deck with pragmatists. 351 00:15:06,296 --> 00:15:09,038 Ah, do you see what they're doing? 352 00:15:09,082 --> 00:15:10,997 No James, no wheelchair. 353 00:15:11,040 --> 00:15:13,695 She's saving her client so he can make 354 00:15:13,738 --> 00:15:14,957 a big theatrical entrance. 355 00:15:15,001 --> 00:15:16,306 And for what it's worth, 356 00:15:16,350 --> 00:15:19,222 I would do the same thing. 357 00:15:19,266 --> 00:15:21,224 AMIR: So everyone is happy? 358 00:15:21,268 --> 00:15:22,922 That went well? 359 00:15:22,965 --> 00:15:24,314 Well, under the circumstances, 360 00:15:24,358 --> 00:15:25,620 I don't think there's any one of us 361 00:15:25,663 --> 00:15:28,014 that thought this was gonna be easy. 362 00:15:28,057 --> 00:15:31,582 Plaintiff is especially sympathetic. 363 00:15:31,626 --> 00:15:34,063 I mean, a young man at the threshold of his life, 364 00:15:34,107 --> 00:15:36,631 losing the use of his lower body. 365 00:15:36,674 --> 00:15:38,415 It's tragic. 366 00:15:38,459 --> 00:15:41,505 Given that, I think we seated a jury 367 00:15:41,549 --> 00:15:43,638 where there's a real chance two or more members 368 00:15:43,681 --> 00:15:46,249 are gonna see things your way, and that is all we need. 369 00:15:46,293 --> 00:15:49,122 But, uh... Can I ask a question? 370 00:15:49,165 --> 00:15:50,558 BENNY: Of course, Mr. Elmasry. 371 00:15:50,601 --> 00:15:53,169 This is your trial, you can ask whatever you'd like. 372 00:15:53,213 --> 00:15:55,693 What are we doing here? 373 00:15:55,737 --> 00:15:59,393 Our entire family feels terribly about what happened to that boy. 374 00:15:59,436 --> 00:16:00,698 We don't need a trial. 375 00:16:00,742 --> 00:16:02,004 We don't want a trial. 376 00:16:02,048 --> 00:16:03,832 I paid my insurance. 377 00:16:03,875 --> 00:16:05,834 Someone had an accident on my property, 378 00:16:05,877 --> 00:16:08,358 then why doesn't the insurance company just pay them? 379 00:16:08,402 --> 00:16:10,230 Isn't that what the insurance is for? 380 00:16:10,273 --> 00:16:11,535 AVERY: No. That's not 381 00:16:11,579 --> 00:16:14,408 what the insurance is for; not in this case. 382 00:16:14,451 --> 00:16:15,800 In this case, 383 00:16:15,844 --> 00:16:19,195 your insurance is here to be the bad guy. 384 00:16:19,239 --> 00:16:21,328 And trust me, you need a bad guy. 385 00:16:21,371 --> 00:16:25,114 In cases like this, society needs a bad guy. 386 00:16:25,158 --> 00:16:27,290 I don't understand. 387 00:16:27,334 --> 00:16:29,249 Mr. Elmasry, you and your wife 388 00:16:29,292 --> 00:16:31,468 did not pay premiums so anyone could come along 389 00:16:31,512 --> 00:16:35,168 and say you owe them money and have it paid by us. 390 00:16:35,211 --> 00:16:38,214 This young man did not have an accident. 391 00:16:38,258 --> 00:16:40,782 An accident is when you go along in your life, 392 00:16:40,825 --> 00:16:43,654 and something unexpected happens. 393 00:16:43,698 --> 00:16:46,657 This young man made an active choice. 394 00:16:46,701 --> 00:16:48,050 He trespassed. 395 00:16:48,094 --> 00:16:50,792 Went somewhere he was not supposed to go. 396 00:16:50,835 --> 00:16:54,187 Sat on something that was never built to support him. 397 00:16:54,230 --> 00:16:56,928 And he fell to the ground as a result. 398 00:16:56,972 --> 00:17:00,454 And now he wants you, or us, 399 00:17:00,497 --> 00:17:04,762 society to pay for what happened to him? 400 00:17:04,806 --> 00:17:06,590 Do you think that's fair? 401 00:17:06,634 --> 00:17:08,375 Do you have $2 million? 402 00:17:08,418 --> 00:17:12,727 $2 million to just hand over to a stranger 403 00:17:12,770 --> 00:17:15,425 who did nothing but violate your rights 404 00:17:15,469 --> 00:17:18,124 and treat your property as his own 405 00:17:18,167 --> 00:17:19,908 just so he could take a picture? 406 00:17:19,951 --> 00:17:24,521 No, I do not, but what about mercy? 407 00:17:24,565 --> 00:17:26,523 What about forgiveness? 408 00:17:26,567 --> 00:17:29,439 Forgiveness is for churches. 409 00:17:29,483 --> 00:17:31,354 Mercy is for charities. 410 00:17:31,398 --> 00:17:32,790 We are a business. 411 00:17:32,834 --> 00:17:35,750 And, like you, we don't have $2 million. 412 00:17:35,793 --> 00:17:39,188 Not to give away to any reckless fool 413 00:17:39,232 --> 00:17:40,885 who thinks the world is just waiting 414 00:17:40,929 --> 00:17:43,497 to see a picture of them put their life at risk. 415 00:17:46,848 --> 00:17:48,110 It's okay. [exhales] 416 00:17:48,154 --> 00:17:49,242 I know it's hard. 417 00:17:49,285 --> 00:17:50,808 It's not on you. 418 00:17:50,852 --> 00:17:52,114 Like I said, 419 00:17:52,158 --> 00:17:56,988 let us be the bad guy, hmm? 420 00:17:58,077 --> 00:18:00,601 Nice work today, you two. 421 00:18:00,644 --> 00:18:02,777 I will see everyone in the morning. 422 00:18:02,820 --> 00:18:04,170 Good night.Good night. 423 00:18:05,258 --> 00:18:06,520 Good night.Good night. 424 00:18:08,130 --> 00:18:11,090 So if she's the bad guy, 425 00:18:11,133 --> 00:18:13,135 then what does that make us? 426 00:18:18,227 --> 00:18:21,143 The plaintiff would like to call for its first witness, 427 00:18:21,187 --> 00:18:22,797 James Donovan. 428 00:18:26,192 --> 00:18:28,150 [gallery murmurs quietly] 429 00:18:28,194 --> 00:18:30,109 [wheelchair whirring] 430 00:18:48,518 --> 00:18:50,999 We have any green left at all? 431 00:18:51,042 --> 00:18:55,134 Nope. It's like a forest fire in here. 432 00:18:55,177 --> 00:18:57,397 ASTRID: And would you share, for the jury, 433 00:18:57,440 --> 00:19:00,400 how it was that you came to have the idea 434 00:19:00,443 --> 00:19:02,315 to take a selfie on the roof 435 00:19:02,358 --> 00:19:04,621 of the Flying Carpet Pizza Parlor? 436 00:19:04,665 --> 00:19:06,188 I was with my friends 437 00:19:06,232 --> 00:19:07,885 and we were walking by the restaurant, 438 00:19:07,929 --> 00:19:09,452 and one of them was saying 439 00:19:09,496 --> 00:19:11,193 how much she loved that pizza. 440 00:19:11,237 --> 00:19:13,891 So I thought, "I'm gonna get an amazing selfie 441 00:19:13,935 --> 00:19:15,719 and get her a free slice of pizza." 442 00:19:15,763 --> 00:19:19,506 Hmm. But where did you get the idea to go up on the roof? 443 00:19:20,594 --> 00:19:23,031 Actually, I... I got it from him. 444 00:19:23,074 --> 00:19:25,642 ASTRID: Let the record show that the plaintiff is pointing 445 00:19:25,686 --> 00:19:27,601 at Amir Elmasry.He never shared that with me. 446 00:19:27,644 --> 00:19:30,125 [gallery murmuring][gavel pounding] 447 00:19:30,169 --> 00:19:33,737 And how did Mr. Elmasry come to give you this idea? 448 00:19:33,781 --> 00:19:35,696 To risk your life and limb 449 00:19:35,739 --> 00:19:39,395 by climbing up on the roof of his establishment? 450 00:19:39,439 --> 00:19:42,311 Earlier that day, I was in there 451 00:19:42,355 --> 00:19:44,400 and I saw that they had this contest going 452 00:19:44,444 --> 00:19:45,967 where if you take a selfie 453 00:19:46,010 --> 00:19:47,577 and you post it on social media, 454 00:19:47,621 --> 00:19:49,318 with you standing in front of the store 455 00:19:49,362 --> 00:19:51,190 and the sign that has the pizza 456 00:19:51,233 --> 00:19:52,800 that looks like a flying carpet in the background, 457 00:19:52,843 --> 00:19:54,628 you can qualify to win a free slice. 458 00:19:54,671 --> 00:19:56,804 Any idea where this is going? 459 00:19:56,847 --> 00:19:58,632 JAMES: I was hungry, didn't have quiet enough for pizza.No. None. 460 00:19:58,675 --> 00:20:00,547 So I went outside,And I have no recollection 461 00:20:00,590 --> 00:20:02,810 took my phone and shot a selfie.of ever seeing this kid in my life. 462 00:20:02,853 --> 00:20:05,943 And did you show your photo to the defendant, to Mr. Elmasry? 463 00:20:05,987 --> 00:20:07,031 Yes, I did. 464 00:20:07,075 --> 00:20:08,642 ASTRID: And what happened? 465 00:20:08,685 --> 00:20:10,252 He said he had hundreds of pictures 466 00:20:10,296 --> 00:20:12,298 that looked exactly like mine. 467 00:20:12,341 --> 00:20:15,518 In order for the selfie to win, it had to be different. 468 00:20:15,562 --> 00:20:19,609 Is that why you decided to do something bigger? 469 00:20:19,653 --> 00:20:22,656 Yeah. That was the beginning of it. 470 00:20:22,699 --> 00:20:24,527 That night, when my friend was telling me 471 00:20:24,571 --> 00:20:26,225 how much she loved that pizza, 472 00:20:26,268 --> 00:20:28,052 I thought, "This is my chance." 473 00:20:28,096 --> 00:20:30,881 So I climbed on the roof, and went out to the pizza 474 00:20:30,925 --> 00:20:33,144 to get a really special shot. 475 00:20:33,188 --> 00:20:34,929 Just like he told me. 476 00:20:34,972 --> 00:20:37,105 ASTRID: Thank you, James. 477 00:20:37,148 --> 00:20:39,760 I have no further questions for this witness, Your Honor. 478 00:20:39,803 --> 00:20:41,675 Very well. 479 00:20:41,718 --> 00:20:43,416 Let's take a 20 minute break and then continue 480 00:20:43,459 --> 00:20:46,419 with cross-examination.[gavel bangs] 481 00:20:46,462 --> 00:20:48,159 So you have no recollection of meeting this boy? 482 00:20:48,203 --> 00:20:50,684 None. I have never seen that boy before. 483 00:20:50,727 --> 00:20:53,034 Not that I can recall, anyway. 484 00:20:53,077 --> 00:20:55,471 Wait a second. What does that mean? 485 00:20:55,515 --> 00:20:58,169 After school, we get 40, 50 kids in the store at a time. 486 00:20:58,213 --> 00:20:59,649 We can't tell one from the other. 487 00:20:59,693 --> 00:21:01,303 They all start to look the same. 488 00:21:01,347 --> 00:21:02,348 Well, they're not all the same. 489 00:21:02,391 --> 00:21:03,914 This one is suing for $2 million. 490 00:21:03,958 --> 00:21:05,742 And he's implying 491 00:21:05,786 --> 00:21:07,527 that you gave him the idea to go up on the roof. 492 00:21:07,570 --> 00:21:09,877 Insinuating that you gave him permission. 493 00:21:09,920 --> 00:21:11,052 Okay, Ms. Kress, forgive me, 494 00:21:11,095 --> 00:21:13,272 but that is a stretch. 495 00:21:13,315 --> 00:21:14,882 And frankly, I don't think it really matters. 496 00:21:14,925 --> 00:21:18,451 Mr. Colón will cross-examine and undo whatever damage he can, 497 00:21:18,494 --> 00:21:22,890 but I assure you, no rational juror 498 00:21:22,933 --> 00:21:24,239 is gonna believe Mr. Elmasry 499 00:21:24,283 --> 00:21:26,372 gave anyone permission, let alone encouraged them, 500 00:21:26,415 --> 00:21:27,895 to get up on his roof. 501 00:21:27,938 --> 00:21:29,244 Not unless they see proof. 502 00:21:29,288 --> 00:21:31,768 Well, I hope you're right. 503 00:21:34,075 --> 00:21:35,729 It's like she keeps forgetting 504 00:21:35,772 --> 00:21:37,687 who pays who and who works for who. Mm. 505 00:21:37,731 --> 00:21:39,689 Look, I have no idea 506 00:21:39,733 --> 00:21:42,344 whether that boy is telling the truth or not, but... 507 00:21:42,388 --> 00:21:44,128 like I told Ms. Kress, 508 00:21:44,172 --> 00:21:45,739 at the end of the day, 509 00:21:45,782 --> 00:21:47,915 I don't think it's gonna matter. [gavel bangs] 510 00:21:47,958 --> 00:21:50,787 Hello, James. Nice to meet you. 511 00:21:50,831 --> 00:21:52,180 Nice to meet you, sir. 512 00:21:52,223 --> 00:21:54,443 I think that everyone here agrees 513 00:21:54,487 --> 00:21:56,619 that what happened to you is tragic. 514 00:21:56,663 --> 00:21:59,318 And I'm fairly certain there isn't a person 515 00:21:59,361 --> 00:22:01,711 in this room that doesn't feel for you. 516 00:22:01,755 --> 00:22:03,278 Thank you. 517 00:22:03,322 --> 00:22:04,714 All right. 518 00:22:04,758 --> 00:22:07,587 Now, you testified under oath 519 00:22:07,630 --> 00:22:11,155 that Mr. Elmasry told you 520 00:22:11,199 --> 00:22:13,984 to come up with a different type of selfie. 521 00:22:14,028 --> 00:22:15,812 That's right. He did. 522 00:22:15,856 --> 00:22:18,772 Ah. Well, I have to be honest with you. 523 00:22:18,815 --> 00:22:21,470 He has no recollection of ever having met you. 524 00:22:21,514 --> 00:22:24,255 And even if he did, he's certain 525 00:22:24,299 --> 00:22:28,434 he didn't actually tell you to go up on a roof. 526 00:22:28,477 --> 00:22:30,653 I mean, is it your testimony here today 527 00:22:30,697 --> 00:22:34,614 that he actually told you to go up on his roof? 528 00:22:34,657 --> 00:22:37,138 Well, no. 529 00:22:37,181 --> 00:22:39,967 BENNY: In fact, if the evidence is to be believed, 530 00:22:40,010 --> 00:22:43,753 Mr. Elmasry took great pains to keep people off his roof. 531 00:22:43,797 --> 00:22:45,015 Objection, Your Honor. 532 00:22:45,059 --> 00:22:46,713 Calls for speculation. 533 00:22:46,756 --> 00:22:49,411 How is my client supposed to know what kinds of pains 534 00:22:49,455 --> 00:22:51,631 Mr. Elmasry may or may not have taken 535 00:22:51,674 --> 00:22:53,328 to keep people off his roof? 536 00:22:53,372 --> 00:22:55,112 BENNY: I beg to differ, 537 00:22:55,156 --> 00:22:56,723 Your Honor. 538 00:22:56,766 --> 00:22:58,899 In fact, I'll wager 539 00:22:58,942 --> 00:23:02,337 that young James here has a better understanding as to 540 00:23:02,381 --> 00:23:06,341 how tough the Elmasrys made it to get up on that roof 541 00:23:06,385 --> 00:23:08,474 than anyone else alive. 542 00:23:08,517 --> 00:23:10,127 Objection overruled. 543 00:23:10,171 --> 00:23:12,042 You may proceed, Mr. Colón. 544 00:23:12,086 --> 00:23:14,044 Thank you, Your Honor. 545 00:23:14,088 --> 00:23:16,482 Now, James, 546 00:23:16,525 --> 00:23:18,440 you remember this fence? 547 00:23:18,484 --> 00:23:21,791 Uh, uh... I-I don't know. I-I guess so. 548 00:23:21,835 --> 00:23:23,097 Let me refresh your memory. 549 00:23:23,140 --> 00:23:25,142 It's a ten-foot fence. 550 00:23:25,186 --> 00:23:27,449 No way you could have gotten onto that roof 551 00:23:27,493 --> 00:23:29,320 without climbing this first. 552 00:23:29,364 --> 00:23:33,760 Do you remember this lock and chain around the fence? 553 00:23:35,022 --> 00:23:37,111 I-I think... I think I saw it there, yeah. 554 00:23:38,460 --> 00:23:40,027 How about this sign? 555 00:23:40,070 --> 00:23:42,159 You remember this sign? I mean, it was 556 00:23:42,203 --> 00:23:43,987 lit with a big floodlight. 557 00:23:44,031 --> 00:23:45,554 Kind of hard to miss. 558 00:23:46,642 --> 00:23:48,078 Yeah, I think it was there. 559 00:23:48,122 --> 00:23:49,297 You think so? 560 00:23:49,340 --> 00:23:50,864 Huh? Well, 561 00:23:50,907 --> 00:23:53,910 so, there are signs, there are lights, 562 00:23:53,954 --> 00:23:57,131 there are locks, and there's a ten-foot fence. 563 00:23:57,174 --> 00:24:01,265 What part of "we don't want you here" did you not understand? 564 00:24:03,659 --> 00:24:06,401 I'm sorry. I-I didn't hear an answer, 565 00:24:06,445 --> 00:24:08,229 Your Honor. Nonetheless, 566 00:24:08,272 --> 00:24:11,275 I will withdraw the question and move on to something else. 567 00:24:12,451 --> 00:24:14,844 That look familiar, James? 568 00:24:14,888 --> 00:24:16,324 Yes. 569 00:24:16,367 --> 00:24:18,369 So, what'd you do there? 570 00:24:18,413 --> 00:24:20,894 You move that dumpster up against the wall, 571 00:24:20,937 --> 00:24:23,070 and hoist yourself up on it, 572 00:24:23,113 --> 00:24:25,115 pulled yourself up on the ladder? 573 00:24:26,639 --> 00:24:29,076 Let me remind you that you are under oath. 574 00:24:29,119 --> 00:24:30,730 I'd also like to inform you 575 00:24:30,773 --> 00:24:32,601 that when police and paramedics reported 576 00:24:32,645 --> 00:24:35,474 to the scene that night after your fall, they noted 577 00:24:35,517 --> 00:24:39,521 that the dumpster was in the exact same place you left it-- 578 00:24:39,565 --> 00:24:41,871 up against the wall, beneath the ladder. 579 00:24:41,915 --> 00:24:43,873 He is very good. 580 00:24:43,917 --> 00:24:46,789 Did I mention when I found him, he was buck naked in the woods, 581 00:24:46,833 --> 00:24:48,704 nothing but a law book in his hands? 582 00:24:48,748 --> 00:24:50,663 So I'm gonna ask you for the second time. 583 00:24:50,706 --> 00:24:54,057 Did you push that dumpster up against the wall, 584 00:24:54,101 --> 00:24:55,450 hoist yourself up on it, 585 00:24:55,494 --> 00:24:57,757 pull yourself up on the ladder 586 00:24:57,800 --> 00:25:00,237 so that you could have access to the sign 587 00:25:00,281 --> 00:25:03,545 depicting the Flying Carpet Pizza slice? 588 00:25:03,589 --> 00:25:05,808 [sighs] 589 00:25:05,852 --> 00:25:07,549 Yes. Yes, I did. 590 00:25:07,593 --> 00:25:09,377 Yes, you did.[gallery murmuring] 591 00:25:09,420 --> 00:25:11,335 Doesn't sound like it was all that easy 592 00:25:11,379 --> 00:25:13,207 to get up there to me, was it? 593 00:25:14,295 --> 00:25:15,557 No, it wasn't. 594 00:25:15,601 --> 00:25:17,037 [gallery murmuring] 595 00:25:17,080 --> 00:25:19,866 Okay. No further questions 596 00:25:19,909 --> 00:25:21,171 for this witness, Your Honor. 597 00:25:21,215 --> 00:25:22,390 You're excused, 598 00:25:22,433 --> 00:25:23,565 young man. 599 00:25:23,609 --> 00:25:25,524 Thanks, James. 600 00:25:26,960 --> 00:25:28,918 ASTRID: Can you tell us about your son's physical 601 00:25:28,962 --> 00:25:30,703 condition, Mrs. Donovan? 602 00:25:30,746 --> 00:25:32,966 Um... 603 00:25:33,009 --> 00:25:36,622 James is a... T9 paraplegic. 604 00:25:36,665 --> 00:25:38,537 He suffers 605 00:25:38,580 --> 00:25:41,844 from paralysis in his lower torso and legs. 606 00:25:41,888 --> 00:25:44,107 And what's the prognosis? 607 00:25:44,151 --> 00:25:46,240 Are the doctors offering any hope 608 00:25:46,283 --> 00:25:48,851 that he might some day be able to walk again? 609 00:25:49,939 --> 00:25:52,246 No. No, they're not. 610 00:25:54,074 --> 00:25:56,250 How old is James? 611 00:25:56,293 --> 00:25:58,426 [sniffles] Uh, he's 14. 612 00:25:59,514 --> 00:26:01,211 A child. 613 00:26:01,255 --> 00:26:03,344 Objection. That's up to the jury to decide. 614 00:26:03,387 --> 00:26:05,259 Sustained. 615 00:26:08,741 --> 00:26:10,699 So, what's changed 616 00:26:10,743 --> 00:26:13,136 about your son's life since his fall? 617 00:26:13,180 --> 00:26:14,747 [sighs] God. 618 00:26:14,790 --> 00:26:16,749 Uh... everything. 619 00:26:18,315 --> 00:26:20,274 He-He's had to relearn 620 00:26:20,317 --> 00:26:21,362 things. [sniffles] 621 00:26:21,405 --> 00:26:24,104 How to use the bathroom. 622 00:26:24,147 --> 00:26:26,628 How to get in and out of a car. 623 00:26:26,672 --> 00:26:29,805 How to navigate getting in and out of his own bed. 624 00:26:29,849 --> 00:26:32,982 And is there someone to assist him with these things? 625 00:26:33,026 --> 00:26:35,071 Just me. [sniffles] 626 00:26:35,115 --> 00:26:37,204 I had to quit my job. 627 00:26:38,335 --> 00:26:40,990 He, uh, he can't really be left alone. 628 00:26:41,034 --> 00:26:43,079 And I'm guessing you're staring 629 00:26:43,123 --> 00:26:45,691 at a lot of new expenses. 630 00:26:45,734 --> 00:26:48,737 Installing ramps to make your home wheelchair accessible? 631 00:26:48,781 --> 00:26:50,434 Buying an appropriate 632 00:26:50,478 --> 00:26:52,959 van so you can transport him places? 633 00:26:53,002 --> 00:26:55,744 Yeah, took out a homeowner loan. 634 00:26:55,788 --> 00:26:57,746 They wouldn't give us enough 635 00:26:57,790 --> 00:27:00,183 to do everything we needed, 636 00:27:00,227 --> 00:27:02,708 but it's a start. 637 00:27:02,751 --> 00:27:04,971 Double-check me. Juror number one looks like 638 00:27:05,014 --> 00:27:07,495 she's about to start a GoFundMe page for James. 639 00:27:07,538 --> 00:27:08,931 What can I tell you? 640 00:27:08,975 --> 00:27:10,585 This is very effective testimony. 641 00:27:10,629 --> 00:27:12,239 If we polled the jury right now, 642 00:27:12,282 --> 00:27:14,676 there is not a chance in hell of our side winning. 643 00:27:14,720 --> 00:27:16,765 And I don't think this jury is inclined 644 00:27:16,809 --> 00:27:19,594 to leave the award at just $2 million. 645 00:27:19,638 --> 00:27:21,204 ASTRID: I have nothing further. 646 00:27:21,248 --> 00:27:22,641 [clears throat] 647 00:27:24,599 --> 00:27:26,557 Concede that this is a tragedy, 648 00:27:26,601 --> 00:27:29,256 but remind them that it's not the Elmasrys' fault. 649 00:27:29,299 --> 00:27:31,519 BENNY: Mrs. Donovan, 650 00:27:31,562 --> 00:27:36,176 before your son suffered these life-changing injuries, 651 00:27:36,219 --> 00:27:38,961 how did he get to and from school every day? 652 00:27:39,005 --> 00:27:41,398 He took the bus. 653 00:27:41,442 --> 00:27:43,357 New York City bus?Yes. 654 00:27:43,400 --> 00:27:46,577 And he traveled on public transit alone? 655 00:27:46,621 --> 00:27:48,623 Sometimes. 656 00:27:48,667 --> 00:27:50,320 Would he take the subway alone, too? 657 00:27:50,364 --> 00:27:51,844 Sure. Sometimes. 658 00:27:51,887 --> 00:27:53,106 Ah. 659 00:27:53,149 --> 00:27:54,977 Did you allow him to hang out 660 00:27:55,021 --> 00:27:57,023 with his best friends after school? 661 00:27:57,066 --> 00:27:58,677 Of course. 662 00:27:58,720 --> 00:28:01,157 Without adult supervision? 663 00:28:01,201 --> 00:28:03,682 Depending on where they were going 664 00:28:03,725 --> 00:28:06,685 and what they were doing, yes. 665 00:28:06,728 --> 00:28:11,124 Ah. Now, James has a two-year-old sister, doesn't he? 666 00:28:11,167 --> 00:28:14,388 Janie. Um, she just turned three. 667 00:28:14,431 --> 00:28:16,172 Ah. My mistake. 668 00:28:16,216 --> 00:28:18,784 And would James ever babysit her? 669 00:28:18,827 --> 00:28:21,656 Uh, from time to time. 670 00:28:21,700 --> 00:28:24,528 So, you trusted him with a toddler? 671 00:28:24,572 --> 00:28:26,182 With his sister. 672 00:28:26,226 --> 00:28:27,836 Absolutely.Yes, but 673 00:28:27,880 --> 00:28:29,708 you felt comfortable doing this, 674 00:28:29,751 --> 00:28:32,536 because James was a responsible young man. 675 00:28:32,580 --> 00:28:36,192 You knew he would take his responsibility seriously, 676 00:28:36,236 --> 00:28:39,674 and you trusted his sense of judgement. True? 677 00:28:39,718 --> 00:28:42,024 Objection. Compound question. 678 00:28:42,068 --> 00:28:43,460 Sustained. 679 00:28:43,504 --> 00:28:44,897 Rephrase the question. 680 00:28:44,940 --> 00:28:47,377 Now what you're telling us is, 681 00:28:47,421 --> 00:28:51,120 you treated your son like a young adult. 682 00:28:51,164 --> 00:28:52,556 Objection. 683 00:28:52,600 --> 00:28:54,036 That's not a question. 684 00:28:54,080 --> 00:28:55,951 Because isn't that, in fact, what he is? 685 00:28:55,995 --> 00:28:58,606 Not a toddler that could be 686 00:28:58,649 --> 00:29:00,869 lured into an uncovered swimming pool 687 00:29:00,913 --> 00:29:03,959 by the shiny blue water, 688 00:29:04,003 --> 00:29:05,961 but a young man... 689 00:29:06,005 --> 00:29:08,224 who knows right from wrong. 690 00:29:08,268 --> 00:29:10,052 Who understands when he sees 691 00:29:10,096 --> 00:29:12,533 a sign that says "No Trespassing," 692 00:29:12,576 --> 00:29:14,796 that means "stay away... 693 00:29:14,840 --> 00:29:17,059 for your own good." 694 00:29:17,103 --> 00:29:19,583 Isn't that right, Mrs. Donovan? 695 00:29:19,627 --> 00:29:21,324 Objection. He's badgering the witness. 696 00:29:21,368 --> 00:29:23,370 Oh, that's all right. 697 00:29:23,413 --> 00:29:25,328 You don't have to answer that, Mrs. Donovan. 698 00:29:25,372 --> 00:29:26,503 I know you've been through a lot. 699 00:29:28,070 --> 00:29:29,985 No further questions, Your Honor. 700 00:29:32,248 --> 00:29:34,773 MARISSA [over earbud]: For what it's worth, now might be an excellent time 701 00:29:34,816 --> 00:29:37,776 to let Ms. Kress know she's getting her money's worth. 702 00:29:37,819 --> 00:29:41,170 I am suddenly staring at three greens and three reds. 703 00:29:41,214 --> 00:29:42,432 [chuckles softly] 704 00:29:42,476 --> 00:29:44,173 What are you so happy about? 705 00:29:44,217 --> 00:29:46,349 Oh, I'm just looking at the jury. 706 00:29:48,308 --> 00:29:49,831 You own half of them now. 707 00:29:50,963 --> 00:29:52,921 Well, what are you bragging about? 708 00:29:52,965 --> 00:29:54,967 That just means your work is only half done. 709 00:30:01,974 --> 00:30:04,193 The plaintiff would like to call Paul Martin 710 00:30:04,237 --> 00:30:06,021 to the stand. 711 00:30:06,065 --> 00:30:08,807 Mr. Martin, could you please 712 00:30:08,850 --> 00:30:11,853 describe your relationship to the Elmasrys? 713 00:30:11,897 --> 00:30:14,377 Well, I live in the neighborhood. 714 00:30:14,421 --> 00:30:16,902 I eat their pizza. It's damn delicious. 715 00:30:16,945 --> 00:30:18,729 MARISSA [over earbud]: Well, any idea 716 00:30:18,773 --> 00:30:20,035 who this is? 717 00:30:20,079 --> 00:30:21,645 'Cause the jury is on the edge of their seats. 718 00:30:21,689 --> 00:30:24,692 They handed us an updated witness list when we walked in, 719 00:30:24,735 --> 00:30:27,477 but Amir said he didn't recognize the name. 720 00:30:27,521 --> 00:30:29,218 You recognize him now? 721 00:30:29,262 --> 00:30:31,177 ASTRID: And would you please 722 00:30:31,220 --> 00:30:34,267 tell the jury why you called my office? 723 00:30:34,310 --> 00:30:36,356 Why you reached out to us? 724 00:30:36,399 --> 00:30:38,271 I don't know. 725 00:30:38,314 --> 00:30:41,491 I read about the boy, how he ended up in the wheelchair, 726 00:30:41,535 --> 00:30:43,015 and I felt badly. 727 00:30:43,058 --> 00:30:44,494 Why did you feel badly? 728 00:30:44,538 --> 00:30:45,844 Well... 729 00:30:45,887 --> 00:30:48,281 about a year ago, 730 00:30:48,324 --> 00:30:49,891 I'm walking down the sidewalk, 731 00:30:49,935 --> 00:30:53,547 right in front of Amir's place, and bang. 732 00:30:53,590 --> 00:30:55,244 Something falls out of the sky. 733 00:30:55,288 --> 00:30:57,072 I get hit on the head. 734 00:30:57,116 --> 00:30:58,508 Felt like a rock. 735 00:30:58,552 --> 00:31:00,597 Couple of pounds, maybe. 736 00:31:00,641 --> 00:31:02,469 And I'm bleeding. 737 00:31:02,512 --> 00:31:05,864 And it feels like it's gonna be a hell of a bump. 738 00:31:05,907 --> 00:31:07,604 And I look to see what it was. 739 00:31:07,648 --> 00:31:09,824 I pick it up off the sidewalk. 740 00:31:09,868 --> 00:31:12,609 And it's a piece of concrete pepperoni. 741 00:31:12,653 --> 00:31:14,220 [gallery murmuring]Came off 742 00:31:14,263 --> 00:31:15,917 Mr. Elmasry's sign.[gavel bangs] 743 00:31:15,961 --> 00:31:17,397 ASTRID: And did you call 744 00:31:17,440 --> 00:31:19,529 Mr. Elmasry? Tell him what happened? 745 00:31:19,573 --> 00:31:21,009 I didn't have to. 746 00:31:21,053 --> 00:31:23,316 He came running out of the shop. 747 00:31:23,359 --> 00:31:25,971 Took complete responsibility for everything. 748 00:31:26,014 --> 00:31:27,973 Said I should go to the hospital, 749 00:31:28,016 --> 00:31:30,105 get some X-rays, MRI. 750 00:31:30,149 --> 00:31:32,455 Whatever I needed, he'd pay for everything. 751 00:31:32,499 --> 00:31:34,109 And he did. 752 00:31:34,153 --> 00:31:36,546 He just... didn't want me to call the cops. 753 00:31:36,590 --> 00:31:40,159 And he really didn't want me to call my insurance company. 754 00:31:40,202 --> 00:31:43,249 ASTRID: So, it's your testimony 755 00:31:43,292 --> 00:31:46,774 that the Elmasrys were fully aware that their sign-- 756 00:31:46,817 --> 00:31:48,689 the structure-- was unsound. 757 00:31:48,732 --> 00:31:49,864 That it was a hazard. 758 00:31:49,908 --> 00:31:52,127 Objection. Calls for speculation. 759 00:31:52,171 --> 00:31:53,215 Sustained. 760 00:31:53,259 --> 00:31:55,087 I'll withdraw the question. 761 00:31:55,130 --> 00:31:56,958 So, you did what you were told. 762 00:31:57,002 --> 00:31:59,700 You didn't notify the authorities. 763 00:31:59,743 --> 00:32:01,615 You didn't call your insurance company. 764 00:32:01,658 --> 00:32:03,878 I did not. 765 00:32:03,922 --> 00:32:06,359 And I can't help but wonder if I had 766 00:32:06,402 --> 00:32:08,535 if the city might not have gone over 767 00:32:08,578 --> 00:32:11,364 and inspected, 768 00:32:11,407 --> 00:32:14,193 made them reinforce that sign, 769 00:32:14,236 --> 00:32:17,848 then maybe that boy might be walking today. 770 00:32:19,067 --> 00:32:21,156 ASTRID: Thank you, Mr. Martin. 771 00:32:21,200 --> 00:32:24,116 I have no further questions for this witness. 772 00:32:24,159 --> 00:32:25,987 What's the damage? 773 00:32:26,031 --> 00:32:28,903 I am afraid we are hanging on by a single green thread. 774 00:32:33,560 --> 00:32:34,996 What are you... what are you doing? 775 00:32:35,040 --> 00:32:36,867 What does it look like I'm doing? I'm leaving. 776 00:32:36,911 --> 00:32:38,260 Where you going? 777 00:32:38,304 --> 00:32:40,001 Can it at least wait until we break for the day? 778 00:32:40,045 --> 00:32:42,090 BENNY: Nice to meet you, Mr. Martin. 779 00:32:42,134 --> 00:32:45,093 Thank you for coming in today. 780 00:32:45,137 --> 00:32:46,442 [door opens] 781 00:32:46,486 --> 00:32:48,401 I still can't believe she did it. 782 00:32:49,837 --> 00:32:51,795 And she didn't say anything to you? 783 00:32:51,839 --> 00:32:54,059 Didn't explain herself to you? Just got up and left? 784 00:32:54,102 --> 00:32:55,799 The minute a bad fact came out, 785 00:32:55,843 --> 00:32:57,714 she grabbed her bag and headed for the door. 786 00:32:57,758 --> 00:33:00,891 Well, do you want to call her, or should I? 787 00:33:00,935 --> 00:33:03,633 I've been calling every ten minutes. [elevator bell chimes] 788 00:33:08,551 --> 00:33:09,813 Something we said? 789 00:33:16,603 --> 00:33:20,694 Immunity Insurance is no longer your partner in this case. 790 00:33:20,737 --> 00:33:22,609 Excuse me? 791 00:33:22,652 --> 00:33:25,133 You brought this case to us. 792 00:33:25,177 --> 00:33:26,830 We were misled. 793 00:33:26,874 --> 00:33:29,442 We were given inaccurate information. 794 00:33:29,485 --> 00:33:31,835 What kind of inaccurate information? 795 00:33:31,879 --> 00:33:33,576 Mr. and Mrs. Elmasry 796 00:33:33,620 --> 00:33:36,057 reapplied for their insurance eight months ago. 797 00:33:36,101 --> 00:33:38,712 And at that time, they were specifically asked 798 00:33:38,755 --> 00:33:42,063 if there had been any accidents on the premises, 799 00:33:42,107 --> 00:33:44,065 and they said no. 800 00:33:44,109 --> 00:33:45,284 You can't be serious. 801 00:33:45,327 --> 00:33:46,676 As far as we're concerned, 802 00:33:46,720 --> 00:33:47,982 the Elmasrys committed fraud. 803 00:33:48,026 --> 00:33:50,202 They're lucky we don't press criminal charges. 804 00:33:50,245 --> 00:33:51,507 Criminal charges? 805 00:33:51,551 --> 00:33:52,943 Their lack of honesty 806 00:33:52,987 --> 00:33:54,423 voids the policy, 807 00:33:54,467 --> 00:33:58,166 which means the insurer has no obligation to pay a dime, 808 00:33:58,210 --> 00:34:01,300 which means that we are withdrawing from the lawsuit. 809 00:34:01,343 --> 00:34:03,998 And that's it? You find a loophole, 810 00:34:04,042 --> 00:34:06,479 a way of avoiding paying out on the policy, 811 00:34:06,522 --> 00:34:09,395 and you just... dump your client? 812 00:34:09,438 --> 00:34:11,484 Do you at least refund them 813 00:34:11,527 --> 00:34:13,094 their premium? 814 00:34:16,141 --> 00:34:18,056 [elevator doors open] 815 00:34:19,144 --> 00:34:20,493 If you get me your bill 816 00:34:20,536 --> 00:34:21,494 with the charges to date, 817 00:34:21,537 --> 00:34:23,278 I'll see that it's paid promptly. 818 00:34:23,322 --> 00:34:26,151 Just curious. Shall I say goodbye 819 00:34:26,194 --> 00:34:27,543 to the Elmasrys for you? 820 00:34:27,587 --> 00:34:29,502 [scoffs] 821 00:34:31,547 --> 00:34:33,767 I take that as a no. 822 00:34:40,078 --> 00:34:42,036 It's about as good a closing argument 823 00:34:42,080 --> 00:34:43,472 as I've ever read. 824 00:34:43,516 --> 00:34:44,821 Thank you. 825 00:34:44,865 --> 00:34:46,519 I don't think it's gonna make 826 00:34:46,562 --> 00:34:48,651 a damn bit of difference. 827 00:34:48,695 --> 00:34:50,653 The other side has a boy in a wheelchair, 828 00:34:50,697 --> 00:34:52,351 and that's gonna be tough to beat. 829 00:34:52,394 --> 00:34:56,181 The Elmasrys are gonna lose their shirts, aren't they? 830 00:34:56,224 --> 00:34:59,923 Jury's gonna hand down some crazy judgment, 831 00:34:59,967 --> 00:35:01,969 and because they have no insurance, 832 00:35:02,012 --> 00:35:04,798 the family's gonna be forced to sell everything. 833 00:35:04,841 --> 00:35:06,800 Including the business. 834 00:35:06,843 --> 00:35:08,410 Looks that way. 835 00:35:08,454 --> 00:35:09,803 [knock at door] 836 00:35:09,846 --> 00:35:12,545 Everybody's ready. 837 00:35:12,588 --> 00:35:14,460 I know you guys are trying to figure out 838 00:35:14,503 --> 00:35:16,592 whether to rest your case or not. 839 00:35:16,636 --> 00:35:19,421 I'm just not sure I'm gonna really be of any help. 840 00:35:19,465 --> 00:35:20,988 Um, I interviewed 841 00:35:21,031 --> 00:35:23,730 the other two kids that were with James that night, 842 00:35:23,773 --> 00:35:25,384 effectively the only two witnesses, 843 00:35:25,427 --> 00:35:27,864 and neither of them have anything to say 844 00:35:27,908 --> 00:35:29,083 that's gonna matter. 845 00:35:29,127 --> 00:35:30,911 Yeah, well, we assumed as much. 846 00:35:30,954 --> 00:35:32,478 CHUNK: Although, there was 847 00:35:32,521 --> 00:35:34,828 this one thing that's kind of weird, actually. 848 00:35:34,871 --> 00:35:37,570 Um, according to the girl that was with them, 849 00:35:37,613 --> 00:35:39,137 Makayla Newton, 850 00:35:39,180 --> 00:35:41,965 James had never been to that pizza parlor before. 851 00:35:42,009 --> 00:35:43,663 So when he testified 852 00:35:43,706 --> 00:35:45,099 that he had shown Amir that selfie 853 00:35:45,143 --> 00:35:47,101 and Amir said wasn't good enough, 854 00:35:47,145 --> 00:35:49,059 he essentially lied. 855 00:35:49,103 --> 00:35:50,887 So he perjured himself. 856 00:35:50,931 --> 00:35:52,411 Why? 857 00:35:52,454 --> 00:35:54,326 What did he have to gain?BULL: Who knows? 858 00:35:54,369 --> 00:35:55,979 Maybe he was embarrassed that his stunt 859 00:35:56,023 --> 00:35:58,591 ended up causing so much pain to so many people. 860 00:35:58,634 --> 00:36:00,201 Maybe he didn't have the courage 861 00:36:00,245 --> 00:36:02,682 to tell his mother he thought it up all by himself. 862 00:36:02,725 --> 00:36:04,597 Yeah.Whatever. 863 00:36:04,640 --> 00:36:07,295 I'm not gonna alienate the jury by charging him with perjury, 864 00:36:07,339 --> 00:36:09,428 'cause we can't prove it, anyway. 865 00:36:09,471 --> 00:36:12,257 Like I said, nothing that matters. 866 00:36:12,300 --> 00:36:14,781 Anything from this side of the table? 867 00:36:14,824 --> 00:36:16,217 All I can tell you is the jury 868 00:36:16,261 --> 00:36:18,567 is itching to give that boy a huge award. 869 00:36:18,611 --> 00:36:19,916 I think it's gonna make 870 00:36:19,960 --> 00:36:21,875 the original $2 million settlement offer 871 00:36:21,918 --> 00:36:23,224 look like the deal of the century. 872 00:36:23,268 --> 00:36:24,660 I second that. 873 00:36:24,704 --> 00:36:26,358 Taylor. 874 00:36:26,401 --> 00:36:29,448 Tell me you hacked into Immunity Insurance e-mail 875 00:36:29,491 --> 00:36:32,799 and found a smoking gun that will change everything. 876 00:36:32,842 --> 00:36:34,801 I hacked into Immunity Insurance's e-mail 877 00:36:34,844 --> 00:36:36,672 and found a smoking gun, something that just might 878 00:36:36,716 --> 00:36:38,326 change everything.Really? 879 00:36:38,370 --> 00:36:40,459 No. But what I did find 880 00:36:40,502 --> 00:36:42,765 is very disappointing on a human level. 881 00:36:44,811 --> 00:36:47,292 Everyone at that insurance company agreed with you guys. 882 00:36:47,335 --> 00:36:49,119 There must be dozens of e-mails in there 883 00:36:49,163 --> 00:36:50,599 saying that the $2 million number 884 00:36:50,643 --> 00:36:52,384 is a fair and reasonable one 885 00:36:52,427 --> 00:36:54,081 and that Avery should move on it. 886 00:36:54,124 --> 00:36:55,169 And? 887 00:36:55,213 --> 00:36:56,562 And Avery argued back 888 00:36:56,605 --> 00:36:58,346 that while it would be a good offer for the plaintiff 889 00:36:58,390 --> 00:37:00,696 and would obviously have taken the Elmasrys off the hook, 890 00:37:00,740 --> 00:37:03,003 it was bad for Immunity Insurance. 891 00:37:03,046 --> 00:37:05,179 Would set a horrible legal precedent 892 00:37:05,223 --> 00:37:07,660 and would only reinforce the idea that people, 893 00:37:07,703 --> 00:37:11,011 especially young people who indulge in risky behavior, 894 00:37:11,054 --> 00:37:14,014 can expect big cash payouts if they have an accident. 895 00:37:14,057 --> 00:37:16,103 That they needed to draw a line in the sand. 896 00:37:16,146 --> 00:37:17,974 That this was the case to do it with. 897 00:37:18,018 --> 00:37:20,368 Well, I suppose it's their right. 898 00:37:20,412 --> 00:37:23,066 Actually, I'm not sure it is. 899 00:37:23,110 --> 00:37:24,851 Benny, call down to the courthouse, 900 00:37:24,894 --> 00:37:27,549 see if you can't postpone today. 901 00:37:27,593 --> 00:37:30,291 I want to call another settlement meeting. 902 00:37:30,335 --> 00:37:32,424 Really? With who? 903 00:37:32,467 --> 00:37:35,122 With James and his mother and the Elmasrys 904 00:37:35,165 --> 00:37:37,516 and Avery.MARISSA: Avery? 905 00:37:37,559 --> 00:37:39,431 But she and her company withdrew from the case. 906 00:37:39,474 --> 00:37:40,867 I know. 907 00:37:40,910 --> 00:37:43,435 Tell her I need her here. 908 00:37:43,478 --> 00:37:45,393 Uh, tell her it's about the bill. 909 00:37:45,437 --> 00:37:47,177 I don't care. Just get her over here. 910 00:37:47,221 --> 00:37:48,570 What time were you thinking? 911 00:37:48,614 --> 00:37:50,746 I was thinking the others should be here at 2:00. 912 00:37:50,790 --> 00:37:53,401 Have Avery be here at 1:00. 913 00:37:53,445 --> 00:37:55,925 [elevator bell chimes] 914 00:37:55,969 --> 00:37:58,014 Ms. Kress.Yes? 915 00:37:58,058 --> 00:38:01,104 Dr. Bull and Mr. Colón are waiting for you. 916 00:38:04,238 --> 00:38:05,805 Dr. Bull. 917 00:38:05,848 --> 00:38:07,415 Mr. Colón. 918 00:38:07,459 --> 00:38:09,417 Am I on trial? 919 00:38:09,461 --> 00:38:11,724 Ms. Kress. Of course not. 920 00:38:11,767 --> 00:38:13,334 Well, what's so pressing? 921 00:38:13,378 --> 00:38:15,554 This can't really be about your bill. 922 00:38:15,597 --> 00:38:19,079 Looks like you have every toy that a lawyer 923 00:38:19,122 --> 00:38:21,473 or a trial scientist could fit in here. 924 00:38:21,516 --> 00:38:23,039 No, we just wanted to invite you 925 00:38:23,083 --> 00:38:24,171 to a little settlement conference 926 00:38:24,214 --> 00:38:25,607 we're putting together. 927 00:38:25,651 --> 00:38:28,958 Yeah. Your old clients the Elmasrys will be there. 928 00:38:29,002 --> 00:38:31,265 So will the attorney for James Donovan. 929 00:38:31,309 --> 00:38:32,745 We didn't want you to feel left out. 930 00:38:33,876 --> 00:38:35,965 Huh. I-I'm confused. 931 00:38:36,009 --> 00:38:39,360 You know I withdrew from this case. 932 00:38:39,404 --> 00:38:42,363 You know Immunity no longer insures the Elmasrys. 933 00:38:42,407 --> 00:38:43,756 BULL: We know. 934 00:38:43,799 --> 00:38:46,759 We just thought you might want to reconsider. 935 00:38:46,802 --> 00:38:48,761 Really? Why? 936 00:38:48,804 --> 00:38:52,242 Oh, a little legal thing called bad faith. 937 00:38:52,286 --> 00:38:55,507 Are you two accusing me of something? 938 00:38:55,550 --> 00:38:57,378 We're offering you a second chance. 939 00:38:57,422 --> 00:39:00,294 And those don't come around very often, 940 00:39:00,338 --> 00:39:02,557 so let's review your options. Option one. 941 00:39:02,601 --> 00:39:04,559 We continue with the trial, 942 00:39:04,603 --> 00:39:07,345 and the jury finds in favor of James 943 00:39:07,388 --> 00:39:10,217 to the tune of maybe $8 million? 944 00:39:10,260 --> 00:39:11,784 And the Elmasrys don't have $8 million. 945 00:39:11,827 --> 00:39:13,394 So then, 946 00:39:13,438 --> 00:39:16,310 with our help, they sue you. 947 00:39:17,398 --> 00:39:18,617 For? 948 00:39:18,660 --> 00:39:20,967 The aforementioned bad faith.Oh, 949 00:39:21,010 --> 00:39:23,143 did we forget to mention that... 950 00:39:23,186 --> 00:39:25,232 we've got a dozen e-mails here 951 00:39:25,275 --> 00:39:27,974 that say your company was fully aware 952 00:39:28,017 --> 00:39:31,020 of the $2 million offer that you originally gave 953 00:39:31,064 --> 00:39:32,108 and found it completely reasonable. 954 00:39:32,152 --> 00:39:34,110 Better than reasonable, 955 00:39:34,154 --> 00:39:36,548 considering it is an insurance company 956 00:39:36,591 --> 00:39:40,726 going up against a teenager in a wheelchair. 957 00:39:40,769 --> 00:39:42,902 But you turned it down. 958 00:39:42,945 --> 00:39:44,817 Not because you were trying to do 959 00:39:44,860 --> 00:39:46,253 what's best for the Elmasrys 960 00:39:46,296 --> 00:39:48,429 but because your company was trying to prove a point. 961 00:39:48,473 --> 00:39:50,823 A point you apparently were willing to make 962 00:39:50,866 --> 00:39:52,172 at your client's expense, 963 00:39:52,215 --> 00:39:54,914 which is not the way it's supposed to be done. 964 00:39:54,957 --> 00:39:56,611 Isn't it? 965 00:39:56,655 --> 00:39:58,265 You know as well as I do 966 00:39:58,308 --> 00:40:00,310 insurance companies aren't in the business of paying out 967 00:40:00,354 --> 00:40:02,225 just so everyone can feel good. 968 00:40:02,269 --> 00:40:05,141 That boy was old enough to understand his actions. 969 00:40:05,185 --> 00:40:07,883 We were perfectly within our rights to litigate. 970 00:40:07,927 --> 00:40:09,058 But you did not litigate. 971 00:40:09,102 --> 00:40:11,191 You walked out halfway through. 972 00:40:11,234 --> 00:40:13,454 The Elmasrys lied. 973 00:40:13,498 --> 00:40:16,892 The Elmasrys tried to save you and themselves some money 974 00:40:16,936 --> 00:40:18,894 because they knew if they filed a claim, 975 00:40:18,938 --> 00:40:20,679 you would raise their rates. 976 00:40:21,810 --> 00:40:22,768 And we would have. 977 00:40:22,811 --> 00:40:24,073 And you know 978 00:40:24,117 --> 00:40:26,815 damn well if you voided every policy you sold 979 00:40:26,859 --> 00:40:29,818 because the insured failed to file a claim, 980 00:40:29,862 --> 00:40:32,081 you'd have virtually no customers. 981 00:40:32,125 --> 00:40:34,083 BULL: You got into this trial 982 00:40:34,127 --> 00:40:35,998 and quickly realized what I told you is true. 983 00:40:36,042 --> 00:40:38,653 It is almost impossible to win 984 00:40:38,697 --> 00:40:42,004 against a minor in a wheelchair, no matter how he got there. 985 00:40:42,048 --> 00:40:44,354 And so you started looking for a loophole, 986 00:40:44,398 --> 00:40:47,140 any loophole, that would let you walk away. 987 00:40:47,183 --> 00:40:49,447 You acted in bad faith. 988 00:40:49,490 --> 00:40:52,232 You weren't looking out for the people you agreed to insure. 989 00:40:52,275 --> 00:40:55,278 You were looking out for yourself and your company. 990 00:40:55,322 --> 00:40:57,759 BULL: And New York state law is very clear. 991 00:40:57,803 --> 00:40:59,631 If Immunity Insurance acted in bad faith, 992 00:40:59,674 --> 00:41:01,067 they are on the hook 993 00:41:01,110 --> 00:41:03,591 for whatever number the jury comes up with. 994 00:41:03,635 --> 00:41:05,419 And I got to tell you, 995 00:41:05,463 --> 00:41:07,682 they're gonna come up with a whopper. 996 00:41:09,510 --> 00:41:11,294 Which brings us to your other option. 997 00:41:12,861 --> 00:41:14,036 Why don't you come upstairs with us 998 00:41:14,080 --> 00:41:15,647 before the jury comes back with a verdict? 999 00:41:15,690 --> 00:41:17,649 Give that boy $4 million, 1000 00:41:17,692 --> 00:41:20,303 $2 million more than the original offer, 1001 00:41:20,347 --> 00:41:23,002 and let the Elmasrys keep their business, 1002 00:41:23,045 --> 00:41:24,525 and we can just... 1003 00:41:24,569 --> 00:41:26,440 make this whole thing go away. 1004 00:41:27,572 --> 00:41:29,095 You know, Bull, 1005 00:41:29,138 --> 00:41:32,881 if we sue Immunity on behalf of the Elmasrys, 1006 00:41:32,925 --> 00:41:35,231 I'm betting discovery would come up 1007 00:41:35,275 --> 00:41:37,320 with a whole lot more interesting e-mails. 1008 00:41:37,364 --> 00:41:39,322 BULL: Hmm. Benny. 1009 00:41:39,366 --> 00:41:41,629 You just might be onto something. 1010 00:41:42,761 --> 00:41:46,112 If you're right about the jury, 1011 00:41:46,155 --> 00:41:47,983 if you're really convinced 1012 00:41:48,027 --> 00:41:50,246 that they're going to ask for $8 million, 1013 00:41:50,290 --> 00:41:53,772 why would the plaintiff settle for $4 million? 1014 00:41:53,815 --> 00:41:55,077 Well, it turns out 1015 00:41:55,121 --> 00:41:57,123 he wasn't completely truthful on the stand, 1016 00:41:57,166 --> 00:42:00,256 and once I tell his attorney we're gonna go and talk 1017 00:42:00,300 --> 00:42:03,651 to the judge about it, I think she's gonna settle right away. 1018 00:42:03,695 --> 00:42:05,653 Shall we head up? 1019 00:42:05,697 --> 00:42:07,829 Let's. 1020 00:42:07,873 --> 00:42:09,265 BENNY: Hey! 1021 00:42:09,309 --> 00:42:10,440 Anybody else hungry? 1022 00:42:10,484 --> 00:42:12,617 Anybody else feel like pizza? 1023 00:42:14,444 --> 00:42:18,100 Maybe we can get the Elmasrys to bring a pie over with them. 1024 00:42:18,144 --> 00:42:19,711 Is it really that good? 1025 00:42:19,754 --> 00:42:21,713 Oh, I hear it's great. 1026 00:42:21,756 --> 00:42:23,062 Call them. 1027 00:42:23,105 --> 00:42:25,107 You're kind of pushy, you know that? 1028 00:42:25,151 --> 00:42:27,283 Hey. You don't have to like her. 1029 00:42:27,327 --> 00:42:30,199 You just have to defend her. 1030 00:42:30,243 --> 00:42:33,246 Captioning sponsored by CBS 1031 00:42:44,823 --> 00:42:47,739 Captioned by Media Access Group at WGBH access.wgbh.org 75455

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