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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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