Original subtitles

I don't think I even know where to begin to look for one.

I'm sure there are agencies for that sort of thing.

Alice has been the only secretary I've ever had.

She was there when I became dean.

Well, I hope she's looking forward to a long and happy retirement.

She is, but I'm not.

I'll feel destitute without her. She runs my office the way Nottingham runs

yours. I've become so dependent on her.

Yeah, well, the thought of change is often more frightening than the reality

of it. I'm sure it'll be a very smooth transition for you.

Come on, Laura, you have to get to class!

Come on, give it back!

You know, I wish you wouldn't skid like that. Just tires are thin enough as it

is. I need that bike to get to my job.

All right, don't pout, don't pout. Here it is.

Jesus.

I'll see you later.

I'm sponsoring a luncheon for Alice sometime next week at the faculty club.

I'd like you to be there, Charles.

I will. Just inform Mrs.

Nottingham. Thanks.

I'll see you later at the housing committee meeting.

Of course.

Oh, jeez, my arm.

Don't try to get up, Bell. I think I killed myself.

Goddamn pothole.

Jesus, look at the size of the thing.

I think I broke my arm.

Does it hurt?

Oh, no, I'm having a great time here.

Look, stay calm, Bell. I'll walk you over to health services.

Oh, look at my bicycle.

Good morning, Professor.

You asked me to rush it. I asked you to type those pages within a limited period

of time. I certainly expected it to be reasonably presentable. It is not.

I wonder if I'll ever regain the full use of my arm.

Bell, it was just a hairline fracture. Don't get carried away.

What am I going to do about money? I'm going to lose my job. I can't wait

tables with a broken arm. I'll have an eggplant parmigiana and a half an order

of garlic bread.

Very funny.

Don't touch me. Oh, come on. It's just a little felted pin, you big baby.

And watch the gratuitous use of curse words.

Are we in pain?

Don't encourage him.

I'm depressed.

I needed that job. I'm not going to be able to make my tuition payments without

it. I cannot believe you'll allow a pothole to alter your destiny.

Bell, you're a wimp.

It's repulsive.

Tuck him under and sue the city.

Laura. No, really, he's acting like this pothole is ruining his whole life.

You're a law student, Bell. Has it ever occurred to you to sue the city?

It has occurred to me, and I think it's a lousy idea. A lousy idea or a weak

backbone? Hey, look, Laura, people try to sue the city over one thing or

another all the time, and they very rarely succeed.

Yeah, but, Bell, you're not just anybody.

That's right. He goes to one of the top law schools in the country.

Well, I don't think I could take the city to court and win.

Sure you could. It'd take years, Bell.

You'll be a practicing attorney with a house and a prestige car before the city

pays you. Oh, Bell, look, take him to small claims court. It's fast and it's

easy. You can sue up to $1,200.

Hey, that'd sure help out. I already shelled out 250 bucks for medical.

Hey, and I'll bet I can nick him for the lost wages, too, huh? Yeah, to the max.

Think about it seriously, Willis. The city has a large legal staff to fend off

all sorts of nonsensical nuisance suits.

Nuisance suit?

This isn't a nuisance suit. Look at him, reduced to a vegetable.

Well, if this vegetable wants to sue, it should know that one has to try to come

to an agreement.

Fine, I'll present them with a bill.

And they'll never pay. And then I will sue.

Excuse me, Professor.

Yes? The luncheon for Alice has been scheduled for Tuesday.

May I confirm your attendance?

Alice who?

Troutman, Dean Perry's secretary.

Oh, yes.

All right, I'll be there.

Isn't it something?

Alice has been with the dean for 23 years. I am well aware of that,

Nottingham. The dean will never be able to replace her.

Nottingham, the woman is a secretary.

I'm sure there are many people around with similar clerical skills.

The dean and the university will both survive the loss.

Look what I got in the mail.

Oh, did they deny your claim?

Ah, they found it to be unmeritorious.

Congratulations, Bill.

You'll have your day in court.

It's a form letter. Can you believe it? I'm like a speck of dust on somebody's

desk.

Thousands of those things must get sent out to schleps like me. This is a

hopeless situation.

I'm dropping it.

Well,

do you have the guts to tell Laura you're giving up?

The city will be sorry they ever started with Willis Bell.

Next.

This is illegible. I can't read this.

It's my handwriting. That's how I write, lady. You'll have to do better.

Next.

Next.

Here's your court date and time and any additional information you may need.

Next. Hold it. Nobody move. I can't make this date. It's right before midterms.

The next month, the 30th. No, that's too far away. I need the money now.

I'll take the first date you gave me.

Next.

Nottingham, you do not answer your buzzer. I didn't hear it.

On the missing file yet?

It's not missing. I'm sure it's in here somewhere. It's just probably... You

must be incorrectly filed.

Thank you.

I suggest you renew your quince with the alphabet.

A precedes B, and so on.

I am familiar with the alphabet, Professor.

In that case, let me remind you that the alphabet is organized sequentially.

Do not fly in the face of that tradition, Nottingham.

Nottingham, are you experiencing some personal crisis?

Because if you are, I wish you'd take care of it.

My office requires nothing less than your undivided attention.

Alice was appreciated.

Clarence Darrow, back from the Supreme Court. Not today, Soloway. Get away from

me. So, did you file, Bell?

Yes, I filed, Soloway. You are a fool, Bell, a fool!

I thought you were a law student.

Haven't you read the volumes of case histories of schmucks like you trying to

take on the system?

Nobody wins against the city, Bell.

Soloway, I've got a paper to write up on commercial transactions.

Get lost!

Take some advice from a friend. Drop the case.

Don't you worry about me, Eugene.

You just go and take care of your eczema.

Why do I bother?

Four hours, Laura, just to file. People screaming at me, giving me dirty looks.

I'm a sensitive man.

Bell, give it a break.

Earliest date I could get is two days before my midterm in commercial

transactions. I'm barely hanging in that class.

What good is money for tuition if I flunk out of school?

So you're just going to wimp out and lay down and die?

I'm taking it under consideration.

Bell, if you want to win, you've got to fight.

You're right.

I'm gonna get back up on my feet.

I'm gonna go face that city attorney. It'll be man to man.

Good for you.

And we'll settle.

Not a court settlement.

Oh. Oh, come on. I'm just being realistic. 90% of all civil cases are

settled before they go to court.

And you, Willis Bell, second year student at a hoity-toity law school, are

willing to be part of that sad statistic?

Yes. I'm in a bit of a bind, Charles.

Nottingham approached me.

She wants to take over Alice's position.

I didn't know she was dissatisfied here.

My office, it means more money.

Perhaps the boy she applied.

Perhaps.

I certainly don't want to snatch her away from you.

If it means a promotion for her, and if that's what she wants, then why

don't we proceed on a trial basis?

Test the waters.

Very well.

What is it you want out of all this, Mr. Bell?

Well, we're both busy men, Mr. Gilbert. Can I call you Frank? No.

Fine. Why don't we just settle it, keep it out of court?

Depends. On what?

On what you ask.

After all, we could let this go to court, most likely win.

That pothole was on the city street. I have a broken arm because of it. I have

medical expenses, I have lost wages, and I have a good case.

Such a good case. Why are you here?

Well, I hate to see us tearing each other apart in court. Let's be

gentlemen.

Well...

In light of the cost of litigating this matter and the relatively small sum

involved, we'll settle. Without admitting fault.

Okay, make me an offer.

Well, let's see what you've got. Your bike was a 1964 Schwinn. I'll give you

$20 for that.

Cost me $40.

$40 for a 20-year-old bike? You paid too much.

Let's see your medical. That comes to $250.

Don't forget lost wages.

Now, Mr. Bell.

We all know that claims are sometimes a little inflated so they're then whittled

down. It's a little game we play.

Let's dispense with that sort of thing.

Those wages are going to make the difference in my tuition payments. I

need that extra money.

You only worked for one week. How am I supposed to know you didn't drive your

bike into the pothole on purpose so you could pay for your schooling?

What do I look like, a kamikaze bicyclist? I'm a law student.

Am I supposed to be impressed?

How about a round figure of $100?

Look, Gilbert, I'm not some ordinary citizen bumbling through a court case. I

have resources, and if you think I'm gonna settle for a lousy hundred bucks,

you're mistaken, buddy.

People think the city is an easy mark.

A guy's clumsy, trips, then looks around for a crack so he can sue the city?

Forget it, Mr.

Bell. We are not going to cave in.

You can't do this to me.

I'll be the laughingstock of the dorm.

I got friends that would lose all respect for me.

Don't whine at me, Mr. Bell.

All right.

I'll see you in small claims court, then.

And remember this conversation, Mr. Gilbert, after the court holds for me.

Professor? Yes?

With Alice's leaving... Alice? Oh.

Yes. I'll be working with Dean Perry for a bit, if that's all right with you.

Yes, I know all about it.

You may begin tomorrow, and I wish you all the luck in the world.

Oh, and before you leave...

Would you please arrange for a temporary secretary for me?

I have.

Parker.

Good. You're almost done. Take over Miss Lesky's work. You'll never get it in on

time. Too busy having stomach cramps. Golden.

Golden! I do take some classes here. Terrific.

I found this in my mailbox.

Can they do this to me?

Bill, are you suing the city?

What, have you been bored with law school? No, they're bumping the case up

to municipal court.

I wanted it to be small claims court. What are they doing to me? It's a smart

move for them.

Sure. The city can bump it up to municipal court, so it'll be protected

by formal procedure.

And so will you, Bill. You could call witnesses, experts, cross-examine. You

could have a jury if you want. Seif!

It's getting out of hand.

It gets worse, Bill.

The city is proceeding under the Speedy Litigation Act. Your court date is in

less than four weeks. I know, and it's right in the middle of my midterms. I

don't believe this. I don't believe this. They did it on purpose.

Val, it's not so bad.

Now, you can amend your case.

The sky's the limit. No more $1,200 ceiling.

Hey, that's right.

And with your help, Hart, I'll be unbeatable.

In a similar case, Buckman v. Sacramento, Buckman asked for $5,000 for

pain and suffering.

And I'm going to ask for a thousand bucks in lost wages. That's what I would

have made until my arm heals. You're going to have to prove that you tried to

get another job and couldn't.

That's great. I have to document not being able to get a job? That's right.

Now, can we get on with this amended complaint? I still have three hours of

studying to do.

All right. Hart, check forms of pleading and practice.

Go to lawyer type this up.

Okay. In a complaint against a municipality, use form 893A. That's page

84.

Ford, how much did Buckman get in that case?

Buckman got... Buckman got... Ah!

Did he get killed?

Stan!

Can I have my job back?

You've still got a broken arm. No way. Good. I need documentation.

What? That you lost the job waiting tables?

You don't want that on your record. Yes, I do. Just give me an application, okay?

I think you're making a grave mistake.

Oh, trust me. Just... just...

Put the rejection in writing, please.

Attaboy.

You're in trouble.

What? What? How?

The city is going to try to protect itself by staging an affirmative

defense. They're trying to justify the fall?

Why an affirmative defense?

You mean the city's going to admit they were negligent? That's right. The city's

going to say, okay, even if we were negligent, so were you.

What nerve.

They're trying to get me for contributory negligence. That's right.

And by taking that strategy, the issue of whether the pothole was dangerous or

not becomes secondary.

Right, they're trying to make Bell share blame, and then Bell's award is

drastically reduced.

So I'll take a little less. Well, there's more to it than that, Bell. See,

there are two kinds of states.

Comparative negligence states and contributory negligence states. Right,

and it just so happens the city you are suing is located in a contributory

negligence state, which means awards aren't adjusted.

Either you win or you lose.

Now, if they are able to prove one shred of negligence on Bell's part, he loses

completely.

So if he gets slaughtered like that, do you think they'll also nail him for

court costs?

Possible. They seem to be taking a fairly ruthless tack.

Well, that could cover city filing fees, trial transcripts, any deposition

transcript, court reporters, jury fees.

I don't have a case.

How the hell am I supposed to measure this?

Those sneaks.

Isn't it interesting?

The size of the pothole is irrelevant to their defense, and yet they covered it

up, denying you the opportunity to build your case.

Fascinating. Fascinating?

Fascinating is when your nuts aren't on the line. How am I supposed to use this

for evidence?

I don't have a witness.

I don't have a case.

Wait, you can't be the only person who fell into this thing.

There have to be accident reports.

Yeah, file a request for production of documents.

If you can find just one other person who had an accident because of this

pothole, you got a good shot.

I don't have the time. I'm a law student.

Doesn't anybody around here understand how demanding that is?

Yes, but you're going to be a lawyer, Willis. Lawyers go to court.

And people don't pay lawyers to fold, Bell.

Yeah, I guess you're right.

I guess I better get used to this nightmare. It's what I picked as my

profession.

Mr. Kopecky, I would appreciate having my mail brought to me.

Well, I was going to. I was waiting until I had a lot of things for you.

That way I disturb you only once, rather than bring it in in small batches. I

prefer to have it delivered when it arrives.

Would you bring me the American Law Institute correspondence, please?

Certainly, Professor.

Where would that be filed?

Call Nottingham.

Two and a half hours.

Can you believe it?

Hey, you're the one who pushed me into this whole thing in the first place. Mr.

Bell?

I'm sorry, there are no accident reports on file.

That's ridiculous.

What about work orders?

We cannot locate any papers on this street. We've just moved our offices,

and it'll take several months until our files are in order.

Please come in, Mr. Hart. Thank you, sir.

There is a special file for less than a week old correspondence.

You will stay on top of it so that after a week it can be put in its permanent

file.

This is what the professor is looking for.

Thank you.

You know, you really have organized this office so efficiently.

Just clerical skills we all learn in science. Secretarial School.

I'll be in Dean Perry's office if you need me again.

Thank you.

It's too hot.

Did you have any problems with this? No.

No, once I found the ALR annotations, I was able to find those old cases. Then

all the pieces fell together.

Thank you very much. Good day.

Oh, Mr. Hart.

Yes, sir.

Have you taken a photography?

Oh, thank you, sir. No, I was taking a picture of this pothole.

Well, it was a pothole. My friend was riding his bicycle, and there was this

pothole. How is the young man?

What's his name? The young man who's on the housing committee?

Bell, sir.

Yes, Willis Bell. Well, he broke his arm, but I think he'll be fine.

Yeah, there was quite a spill he took, you know.

Sir, did you see the accident?

Hey, Bell, Bell, Bell. Did you hear the one about Gonzales versus the city of

Modesto?

1927, a diesel road grader lost control, went right through this man's living

room. He sued the city.

Five years later, the decision was held for the city.

Why? Because Gonzalez chose to build where the city's road graders had

crashed before.

Assumption of risk. What are you doing to me, you sadistic little bastard?

Give it up, Bell.

Bell, can I talk to you? Wait till you see this, Laura.

I'm sending him interrogatories. Four pages, single spaced.

Gilbert's gonna go nuts trying to answer all this stuff.

How many potholes does the city repair each year? How many potholes are

reported each year? How many injuries have been reported because of street

disrepair?

He's gonna be sorry he picked Willis Bell to patronize.

Bell, the city attorney's office contacted me today.

What did they want with you?

Well, they knew I took you down to health services and they wanted to know

what happened.

What'd you tell them?

The truth.

That we talked and you rode off and waved.

You told them I waved?

You told them I waved? You told them I took my eyes off the road, my hand off

the handlebar? Well, you didn't fall until later.

Could you excuse me for a minute, Laura?

Here, just make yourself comfy.

Yes, Frank Gilbert, please.

This is Willis Bell.

I'm calling in regard to my lawsuit against the city.

Yes, he knows me by name.

What do you mean he won't talk to me? I'll settle, I'll settle. 20 bucks for

the bike.

I have never seen a more pathetic display of spinelessness, of

quintessential milksop behavior in all my life.

You're right, Laura.

I guess it was just a momentary lapse into overwhelming desperation.

Oh, hey, Bill.

Come on, guys. No more bad news right now, all right? I'm right at the edge.

On the contrary. We found a witness to the accident.

Thank God. Who is it?

Well, he's a man of impeccable reputation.

Terrific. Who is it? Dear to all our hearts. Yes, a tall, distinguished man.

A man who gave you a C in contract.

Ah, that's perfect.

Oh, no, no, please, no. Oh, come on. Not me, not me. What am I going to do?

I was standing directly across the street.

Oh, yeah, oh, yeah.

Hi there. You're new, huh?

Tell me, Mr. Kopecky.

Willis Bell is just stopping by to say hi to Charles.

Professor? Yes?

Would it be possible for you to see... Professor Kingshield, it's urgent that I

speak with you.

Come in, Mr. Bell.

What is it?

I understand you saw me fall off my bicycle.

Yes.

Yes? Does...

That mean you saw me, or you just want me to keep talking? Yes, affirmative.

What can I do for you?

Well, I'm suing the city professor, and I'm having a lot of problems, and I'd

really appreciate it if you could be a witness for me. I mean, you saw the size

of that pothole, didn't you? The whole city's pitted.

When is your trial?

The 24th of this month, sir.

Sorry, my schedule is not permitted. I have to be in Washington that day.

Couldn't you change it?

I am not changing my schedule in order to attend your trial, Mr. Bell.

Good day.

Mr. Bell.

You look as though you're on your way to your own execution.

In fact, you're embarking on an event that you'll remember for the rest of

your life. Your first trial.

The details, the confusion, the intimidation will seem insurmountable.

Analytical thinking, research, preparation, the skills we teach at this

institution will be of help to you.

But it is persistence that will navigate you to success.

Persistence, Mr. Bell.

Good day.

Miss Kopecky!

Yes, Professor?

Miss Kopecky, never, never allow a student into my office without a prior

appointment. Is that clear?

Yes, sir.

Hey, Belle.

Did you hear the one about Schuster versus the city of San Francisco?

Please go away, Soloway.

It's very complicated, but the gist is this.

Schuster was walking alongside the public library while it was under

construction in 1863.

A cement gargoyle falls from 30 feet above and hits him smack on the head.

Schuster is dead.

His widow sues the city.

Held for San Francisco.

Why? Fellow servant rule.

Schuster was a librarian, a city employee.

So was the guy who dropped the gargoyle. End of case.

And when the widow couldn't pay court costs, the city put a lien on her house.

They'll kill you.

Fellow servant.

That little bastard didn't tell me it was an outdated rule.

How come Soloway can find all this crap?

There are lots of cases, Bell.

It's just finding a precedent that can help us.

I can't believe that someone somewhere hasn't taken on the city and won.

It's finding a parallel case.

Bell, I think I have something here.

Listen to this.

Sands versus the city of Malden.

Sands was driving along.

until the street caved in and his entire 1959 Buick fell into an access

passageway for the sewer system.

What a case.

He nearly died.

He was in a coma for months.

His family sued the city. This is terrific.

How much did they get?

Never mind.

Can I help you, Professor?

Yes, I'm trying to type a letter that Miss Kopecky forgot.

I'm not accustomed to this newfangled machinery.

What's the problem?

I seem to have made a typo.

Oh.

That's a great improvement on my old Underwood.

Oh, I came to clear out my desk.

I take it then that the trial period of Dean Perry has been successfully

concluded. Dean Perry has been very patient and understanding while I've

familiarized myself with his office.

It is... Well, it is dispiriting to see how quickly one has been

replaced.

Everyone can be replaced.

It's one of the facts of the human condition.

One day another professor will be sitting behind that desk there.

I hope that I will be missed and remembered as kindly as you will be in

this office, Nottingham.

After 23 years of devoted service, that is small consolation.

Did you expect a luncheon? Yes.

I had hoped that one day a luncheon would be given in my honor and that you

would arrange it.

Nothing is irrevocable, Nottingham, as it always has been. The choice is

entirely yours.

No.

With all due respect, Professor, the choice is yours.

I would be very pleased if you would continue in your capacity as

my secretary.

May I finish your letter, Professor?

When did you learn to ride a bicycle?

I can't believe they're asking me this. I didn't ask them stupid questions.

I guess that depends on which side of the interrogatory you're on. Come on,

when did you learn to ride a bicycle?

I was seven when I learned to ride a bike. It was red.

Who taught you to ride a bicycle?

Just answer it.

My neighbor, Bill Blustein, he was 15.

He liked me.

And from the time you learned to ride, have you ever had any bicycle accidents

of any kind?

This is a joke, right?

No, Willis. They are trying to prove that the accident was your fault, not

the pothole's. Let's get on with it.

I fell off my bike when I was 10 years old. I got three stitches.

Can I take the fifth on this?

Who manufactured the bike?

Schwinn.

When all else fails, try product liability.

Were there any recalls on your bike?

I only had it two days and the bike was 20 years old.

That's very funny to you guys, isn't it?

Sorry, Bill.

We have to start building you a case. They are going to kill you.

Hey, the city won't come up with any paperwork on the pothole. What am I

supposed to do?

But your best bet is Kingsfield is a witness.

Try talking to him again.

He's gonna be in Washington.

There's nothing I can do.

Subpoena him.

That's funny.

Right.

Subpoena Kingsfield.

No, I'm serious.

He'll probably respect you for it. Yeah, Ford may have a good point.

What if Ford is wrong?

Kingsfield is your only chance.

Subpoena Kingsfield?

How'd I ever get into this?

I'll probably have to pay some sheriff 50 bucks to serve the thing to him. No,

you don't need a sheriff to serve it. Anyone over 18 other than a plaintiff or

a defendant can serve a subpoena.

Anybody over 18, huh? Yeah.

We got any volunteers here?

How about you, Hart?

Ford?

Laura?

Subpoena Kingsfield.

as a rule prohibiting the enforcement of oral agreements performed in more than a

year. For example, if I make an oral agreement to paint your house in 1990

and I don't, then... then

you'll be unable to win a suit for breach of contract

because the contract is unenforceable under the statute of fraud.

He sees the sheriff approaching.

I think Kingsfield knows what's going on.

Kingsfield is accepting the subpoena.

He takes the subpoena.

He does not look happy.

The sheriff is backpedaling away.

Look, all I want is five minutes. I just want to explain something to him.

Mr. Bell, his schedule is filled. You cannot see the professor.

You don't understand. I need to explain. He's probably furious with me. The

professor is unavailable to you.

That is final, Mr. Bell.

I missed you, Nottingham.

Sullivan versus the city of Escalon, 1935. Sullivan was stepping on...

Willis Bell versus the city, case number 624-7.

Willis Bell appearing for the plaintiff in appropriate persona.

May I ask your honor that my friends come before the bar to help me present

my case?

Do you think that would be beneficial?

Frank Gilbert appearing for the defendant.

Mr. Bell, you may proceed with your opening arguments.

Uh... First of all, I would like... I would

like to establish that cities can be sued for injuries caused by poor

maintenance of roads.

Since Roman times... Mr. Bell, are you a law student?

Let's forget the law school jargon. It is well established that cities can be

held liable for injury caused by negligent maintenance.

Right, okay. The legal issue, as I see it, is whether or not the city is

negligent. Now, I maintain that it is. And I plan to show that that pothole was

so wide and so deep that a reasonable person would have noticed it was

dangerous and would have filled it in.

And I will show that as a result of the city's breach of duty to maintain the

road in safe condition, that I was injured and suffered material damages.

I'll skip the Roman law, Your Honor.

We intend to prove that the pothole was neither large nor dangerous.

Furthermore, we intend to show that Mr. Bell was paying insufficient attention

to the road and was contributorily negligent.

Therefore, the city has no liability to the plaintiff.

Mr. Bell, you may call your first witness.

Bell, call Kingsfield.

Hart, I can't believe I did this to him.

To myself.

Hart, my legs are numb. I can't stand.

Mr. Bell, please, call your first witness.

I'd like to call Professor Charles W. Kingsfield to the stand

Professor Charles W. Kingsfield

You're prepared. You're going to be great. You get up there and you strut

your stuff in front of Kingsfield. He's just a human being like you and me.

I do.

Professor Kingsfield?

You saw my accident, didn't you?

Objection. Leading.

Sustained.

Were you in the area of 9th and Elm on the day in question?

Yes. And did you observe anything?

Yes.

What did you observe?

I saw a bicyclist approaching down the street.

And anything else you observed about the bicyclist?

I saw the bicyclist fall.

Anything else?

I saw the bicycle hit a hole in the street.

Were you able to observe the hole?

Yes.

Was it a big hole?

Objection. Leading.

Sustain.

Professor, were you able to observe anything about the hole?

It was a sizable hole.

Can you be a little more detailed?

All the best I can tell you. It was not an insignificant hole.

I was across the street at the time, and I was not in a position, nor in a frame

of mind, to appraise the exact dimensions of the hole.

Well, did you observe anything about my behavior? Did I appear distracted to

you? No.

Objection. Compound and leading.

I'll permit this one, in the interest of proceeding along.

No further questions.

Thank you.

Sir, you're a professor of Mr. Bell's? Yes.

Then you have a personal relationship with Mr. Bell.

Mr. Bell is one of many students.

I hold myself in a professional relationship with all my students.

How do you regard Mr. Bell?

Objection! Irrelevant!

And embarrassing.

Your Honor.

I'm attempting to establish that there's a conflict of interest here. The

professor has a vested interest in seeing his students succeed.

Objection overruled. Please answer the question, Professor.

I regard Mr. Bell as an adequate law student, but I must qualify that.

My students must perform within a framework that forces them to exhibit a

higher degree of responsibility

that is normally expected.

That is an important point.

I hate that look.

I remember it from contracts. I hate that look.

I hate it.

It's the look when he wants to pull something from you.

Interesting that he used the word responsibility.

He's trying to tell us something we know it.

Can you tell me something about the age of the bicycle?

It was old.

And the tires, can you tell me something about the condition of the tires?

They were thin.

Raise your right hand.

Do you solemnly swear that the testimony you're about to give in the matter

before this court will be the truth, the whole truth, and nothing but the truth,

so help you God?

Yes, ma'am. Will you please be seated and state your full name?

This is it. The smoking gun. I know it. Calm down, Bill.

Who is this guy? The street was deserted.

John DeStefano. I'm with the maintenance department of the city.

I am also a member of the Asphalt Institute of New England.

Is that an honorary society?

You have to be kidding.

Mr.

DeStefano.

When was the last time you rode a bicycle on a city street?

Last weekend.

Well, glad to see you're in shape.

You think it would be too demeaning if during my final summation I just got

down on my knees and begged?

Begging is not the answer, Bell. We've just got to strengthen your final

argument.

We have five minutes before recess is over. How? The interrogatives were

useless and Kingfield was a lousy witness.

You know what's been gnawing at me?

When Kingfield was on the witness stand, he used the words higher degree.

I think he was trying to tell us something about the standards of

negligence. Remember when Kingsfield was talking about the development of

standards of liability and negligence law in the 18th and 19th century?

Crowell versus Becker. Medical malpractice. One of the earliest cases

in which a distinction was made between ordinary care and a standard of

professionalism. Would you mind condescending to a 1L? It's easy.

Let's say you take out my appendix and you blow it. Well, I can't hold you

liable because you're just a regular person.

But if you were a doctor, a trained...

then I can hold you to a higher standard.

Kingsfield is trying to get Bell to argue for a heightened standard of care

for the city.

Nail it to him, Bell. It's a fine legal point. I'm not here to pioneer a legal

precedent.

It's Kingsfield's lead.

I think it's probably a good way to go, Bell.

I believe the facts state the case.

I have submitted to the court documents that prove I was injured and that my

bicycle was destroyed.

In addition, I have produced a witness who under cross-examination by the

deputy city attorney did not say I was riding recklessly.

We began this trial under the precept of the reasonable man's standard.

However, I maintain that standard is not rigorous enough.

I believe...

And I maintain that the city should be held to a higher degree of

accountability.

After all, we expect our government to protect us from fire, crime, disease.

Our government is integral to the quality of our life. In order for our

government to succeed in these capacities, we must rely on trained

personnel. Trained personnel, not simply reasonable men.

We place trust in these people that we fund with our tax dollars.

And our expectations and faith naturally extend to the street maintenance

department. We entrust the care of our city streets to this department, staffed

by trained personnel.

And that is why they must be held accountable to a higher degree of

responsibility.

If the citizens of a municipality

do not hold their government accountable to the basic notion that a street should

be free of undue hazard, then we are speaking not of a ruined road, but

of a road leading to ruin.

Thank you.

The city maintains that it is yet to be established that a reasonable man would

have considered the pothole a hazard.

Mr. Bell would have us apply the reasonable man standard. If we are to

apply the reasonable man standard, or a stricter standard, we can apply it in

reverse. Would not a reasonable man have steered his bike around the pothole?

We hope the court will not set a dangerous precedent here of, in effect,

strict liability.

The city cannot be faced with lawsuits every time someone stumbles over a crack

or a pothole in the road.

Thank you.

You performed admirably, Willis. Even if you lose, you should be proud.

Proud, huh? Remember what I said about fascinating?

Mr. Bell.

The stricter liability standard that you have suggested here is quite

interesting.

Now, I may be sticking my neck out, but I'm going to adopt your position.

I believe that the law in this state is moving in the direction of holding

municipalities to a higher standard than that of a mere individual.

Mr. Bell, you've met your burden in proving that the city did not maintain

the road in reasonable fashion and that you were injured as a result.

The city, however, has been unable to establish contributory negligence on Mr.

Bell's part.

And therefore, I am awarding Mr. Bell the damages he has sought for the cost

of his bicycle, medical expenses, and lost wages.

I cannot award you anything for pain and suffering, Mr. Bell.

Because for some reason, you have neglected to present any evidence in

that regard.

How could we have forgotten pain and suffering?

Don't eat yourself up, Bell. You won. That's right, Bell. You won your first

case. Congratulations.

Yeah, and the process was hell. It'll make you more compassionate with your

clients. Just think what they have to go through with no knowledge of the system

at all. Sir, I'd like to thank you for your help. I'd like to thank you for

everything. Mr. Bell, I still have an appointment in Washington I want to

keep. There's only one plane left today, and I intend to be on it. Good evening.

Ow! Mr.

Bell, consider the bus.