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1
00:00:10,232 --> 00:00:12,017
BOY:
I really can't believe
you spent money on that.
2
00:00:12,060 --> 00:00:13,322
I had those when
I was, like, six.
3
00:00:13,366 --> 00:00:15,020
GIRL:
Hey, they're vintage, dude.
4
00:00:15,063 --> 00:00:16,760
[laughs softly]
5
00:00:16,804 --> 00:00:18,371
Have you two been here before?
6
00:00:19,937 --> 00:00:22,070
BOY:
Mm, Amir's?
7
00:00:22,114 --> 00:00:23,680
Never been here.
8
00:00:23,724 --> 00:00:25,160
Is it good?
9
00:00:25,204 --> 00:00:26,553
Oh, man.
10
00:00:26,596 --> 00:00:28,903
Oh, and they do this thing,
it's like a contest.
11
00:00:28,946 --> 00:00:30,165
You take a selfie
12
00:00:30,209 --> 00:00:31,732
with the slice of pizza
in the shot,
13
00:00:31,775 --> 00:00:34,517
and if the owner likes it,
you get a free slice of pizza.
14
00:00:34,561 --> 00:00:36,345
Okay.
15
00:00:36,389 --> 00:00:37,607
Wh-What are you doing?[camera clicks]
16
00:00:37,651 --> 00:00:39,348
Banking myself
a piece of pizza.
17
00:00:40,784 --> 00:00:41,916
[clicks]
18
00:00:41,959 --> 00:00:44,266
What do you think?That isn't going
19
00:00:44,310 --> 00:00:46,007
to get you a glass of water.
20
00:00:46,051 --> 00:00:47,791
They've got hundreds
of pictures in there
21
00:00:47,835 --> 00:00:50,403
all over the wall
that look just like that one.
22
00:00:50,446 --> 00:00:52,144
Stay right here.
23
00:00:56,757 --> 00:00:58,672
[dog barking in distance]
24
00:01:02,458 --> 00:01:04,678
[rattling]
25
00:01:16,037 --> 00:01:17,169
[grunts]
26
00:01:21,782 --> 00:01:23,914
[strained grunting]
27
00:01:27,744 --> 00:01:29,703
[dog barking in distance]
28
00:01:36,449 --> 00:01:38,712
[siren wailing in distance]
29
00:01:40,757 --> 00:01:42,716
[grunting]
30
00:01:44,370 --> 00:01:45,675
[sighs]
31
00:01:47,721 --> 00:01:48,548
Hey.
32
00:01:48,591 --> 00:01:51,116
Ah-ha-ha.
I'm impressed.
33
00:01:51,159 --> 00:01:52,987
Nice, James.
34
00:01:53,030 --> 00:01:54,902
[electrical lights buzzing]
35
00:02:01,213 --> 00:02:03,432
[clicks]GIRL:
Come on down, James.
36
00:02:03,476 --> 00:02:06,305
Somebody's gonna come by
and hear us.
37
00:02:06,348 --> 00:02:07,784
Give me a second.
38
00:02:08,568 --> 00:02:11,092
[metallic creaking]
39
00:02:12,485 --> 00:02:14,182
Oh, my God.
40
00:02:14,226 --> 00:02:15,792
I can't look.
41
00:02:15,836 --> 00:02:17,272
[clicks][thud]
42
00:02:17,316 --> 00:02:18,447
[gasp]
43
00:02:20,406 --> 00:02:21,581
[rumbling, crackling]
44
00:02:21,624 --> 00:02:22,756
[grunts]
45
00:02:24,714 --> 00:02:25,367
[screams]
46
00:02:25,411 --> 00:02:27,326
James!
47
00:02:27,369 --> 00:02:29,763
[metallic creaking]
48
00:02:30,981 --> 00:02:32,461
Oh, my God.
49
00:02:32,505 --> 00:02:34,159
[screams]James!
50
00:02:35,247 --> 00:02:37,074
James?
51
00:02:37,118 --> 00:02:41,035
ASTRID:
My client was a healthy,
vibrant 14-year-old boy.
52
00:02:41,078 --> 00:02:43,559
He loved to play baseball,
53
00:02:43,603 --> 00:02:45,257
go rock climbing,
54
00:02:45,300 --> 00:02:48,173
swimming in the summer,
sledding in the winter.
55
00:02:48,216 --> 00:02:50,305
Now he has to spend
the rest of his life
56
00:02:50,349 --> 00:02:52,307
in a wheelchair.BENNY:
And my client,
57
00:02:52,351 --> 00:02:56,398
Immunity Insurance, shares your
sense of despair about that.
58
00:02:56,442 --> 00:02:59,575
But... nonetheless,
this is clearly a tragedy
59
00:02:59,619 --> 00:03:02,056
of your client's own making.
60
00:03:02,099 --> 00:03:04,450
No one asked him to
climb up on that roof.
61
00:03:04,493 --> 00:03:07,104
No one compelled him to
sit on a piece of signage
62
00:03:07,148 --> 00:03:10,760
that was clearly not meant
to support his weight.
63
00:03:10,804 --> 00:03:12,414
So why are we here?
64
00:03:12,458 --> 00:03:14,590
Why invite us
to a settlement conference
65
00:03:14,634 --> 00:03:16,766
if you have no intention
of settling?
66
00:03:16,810 --> 00:03:18,246
AVERY:
Ask the court.
67
00:03:18,290 --> 00:03:22,119
As the insurers for Amir's
Flying Carpet Pizza Parlor,
68
00:03:22,163 --> 00:03:24,948
my company has decided
to take the position
69
00:03:24,992 --> 00:03:28,604
that we bear no liability
for James Donovan's injuries,
70
00:03:28,648 --> 00:03:32,608
regardless
of how tragic they are.
71
00:03:32,652 --> 00:03:33,696
Seriously?
72
00:03:33,740 --> 00:03:34,828
Seriously.
73
00:03:34,871 --> 00:03:36,612
We're prepared
to go to trial.
74
00:03:36,656 --> 00:03:38,484
[laughs]:
I should have assumed as much
75
00:03:38,527 --> 00:03:41,878
when you invited us to a meeting
at a trial science company.
76
00:03:41,922 --> 00:03:43,924
We sympathize with James
77
00:03:43,967 --> 00:03:47,144
and his family,
but we also believe
78
00:03:47,188 --> 00:03:49,146
that any rational jury will find
79
00:03:49,190 --> 00:03:50,844
that the owners
of the establishment,
80
00:03:50,887 --> 00:03:54,282
the Elmasry family,
have done nothing wrong.
81
00:03:54,326 --> 00:03:57,154
The fact is,
your client was trespassing.
82
00:03:57,198 --> 00:03:58,808
No. No, I'm sorry.
83
00:03:58,852 --> 00:04:00,984
Your client was negligent.
84
00:04:01,028 --> 00:04:04,858
They installed a giant,
illuminated slice of pizza
85
00:04:04,901 --> 00:04:07,252
on top of a two-story building.
86
00:04:07,295 --> 00:04:10,472
It practically screamed
to children, "Climb me."
87
00:04:10,516 --> 00:04:12,692
I gather you're
planning to invoke
88
00:04:12,735 --> 00:04:14,998
the attractive nuisance
doctrine?
89
00:04:15,042 --> 00:04:16,826
If the shoe fits.
90
00:04:16,870 --> 00:04:18,132
It doesn't.
BULL:
If I may...
91
00:04:18,175 --> 00:04:19,960
interject.
92
00:04:20,003 --> 00:04:22,484
The fact that
we are having
93
00:04:22,528 --> 00:04:25,139
the meeting here
does not automatically negate
94
00:04:25,182 --> 00:04:26,793
the possibility of a settlement,
95
00:04:26,836 --> 00:04:29,491
or I would not have agreed
to host it.
96
00:04:29,535 --> 00:04:32,015
Secondly, the attractive
nuisance doctrine
97
00:04:32,059 --> 00:04:34,061
to which you are referring
98
00:04:34,104 --> 00:04:35,845
is intended to protect toddlers
99
00:04:35,889 --> 00:04:38,326
from being lured
into hazardous situations,
100
00:04:38,370 --> 00:04:41,851
like an unfenced pool
or a broken trampoline.
101
00:04:41,895 --> 00:04:43,810
Your client is not a toddler,
102
00:04:43,853 --> 00:04:46,029
and this is not one
of those situations.
103
00:04:46,073 --> 00:04:48,031
BENNY: James Donovan had
enough physical strength
104
00:04:48,075 --> 00:04:49,337
and mental acuity
105
00:04:49,381 --> 00:04:53,689
to ignore large,
illuminated signage,
106
00:04:53,733 --> 00:04:55,952
scale a chain-link fence,
107
00:04:55,996 --> 00:05:00,479
climb a two-story building
and hoist himself upon a roof.
108
00:05:00,522 --> 00:05:03,220
You can't blame that
on the Elmasrys.
109
00:05:03,264 --> 00:05:04,700
The Elmasrys lured him in
110
00:05:04,744 --> 00:05:09,052
with their "selfie gets you
a free slice" promotion.
111
00:05:09,096 --> 00:05:11,664
They created
a social media campaign
112
00:05:11,707 --> 00:05:14,710
that encouraged children
to compete
113
00:05:14,754 --> 00:05:17,844
to see who could take the most
attention-getting selfie.
114
00:05:17,887 --> 00:05:19,889
Nowhere in their entreaties
did it say:
115
00:05:19,933 --> 00:05:21,891
"Do not climb on our building."
116
00:05:21,935 --> 00:05:26,374
Okay. The court mandated a
pretrial settlement conference.
117
00:05:26,418 --> 00:05:28,637
We have conferred.
118
00:05:28,681 --> 00:05:31,727
Now give us your demands
so we can be done with it.
119
00:05:31,771 --> 00:05:34,817
We know that the Elmasrys'
policy with Immunity Insurance
120
00:05:34,861 --> 00:05:37,037
is capped at $2 million.
121
00:05:37,080 --> 00:05:41,215
We also know how lengthy and
expensive litigation will be.
122
00:05:41,258 --> 00:05:44,392
With that in mind,
the Donovans are prepared
123
00:05:44,436 --> 00:05:47,917
to settle
for the full $2 million.
124
00:05:47,961 --> 00:05:49,919
Well, thank you
for coming by.
125
00:05:49,963 --> 00:05:52,052
Don't you at least want
to run it up the flagpole
126
00:05:52,095 --> 00:05:53,401
before rejecting it?
127
00:05:53,445 --> 00:05:55,142
I amthe flagpole.
128
00:05:55,185 --> 00:05:58,928
Of course, I will
run it by the Elmasrys,
129
00:05:58,972 --> 00:06:00,800
but I already know
what the answer will be.
130
00:06:02,628 --> 00:06:04,281
See you in court.
131
00:06:13,290 --> 00:06:16,772
$2 million would have been
a pretty good resolution.
132
00:06:16,816 --> 00:06:18,295
You didn't even counter.
133
00:06:18,339 --> 00:06:19,688
We probably could have
134
00:06:19,732 --> 00:06:21,995
gotten them down to about
a million and a half.
135
00:06:22,038 --> 00:06:24,432
That's why I hired
the two of you.
136
00:06:24,476 --> 00:06:26,956
We're gonna get them
down to nothing.
137
00:06:27,000 --> 00:06:28,436
BULL:
Ms. Kress,
138
00:06:28,480 --> 00:06:30,046
uh, I'm gonna be
honest with you.
139
00:06:30,090 --> 00:06:31,483
We're thrilled
to have your business,
140
00:06:31,526 --> 00:06:34,355
thrilled to do all we can
to help you and your company
141
00:06:34,399 --> 00:06:37,314
achieve legal success
in this case, but...
142
00:06:37,358 --> 00:06:39,055
Mr. Colón is right.
143
00:06:39,099 --> 00:06:42,276
I'd seriously ask you to
reconsider their proposal
144
00:06:42,319 --> 00:06:44,278
and avoid trial.
145
00:06:44,321 --> 00:06:47,107
This is a trial science company.
146
00:06:47,150 --> 00:06:49,588
I thought you were
all about going to trial.
147
00:06:49,631 --> 00:06:51,024
I don't understand.
148
00:06:51,067 --> 00:06:53,418
Well, Ms. Kress, put yourself
in the jury's shoes.
149
00:06:53,461 --> 00:06:55,985
Every morning
they walk into that court,
150
00:06:56,029 --> 00:06:58,292
and they see a boy
in a wheelchair.
151
00:06:58,335 --> 00:07:00,294
Then they look to the other side
of the courtroom,
152
00:07:00,337 --> 00:07:03,993
and they see you, me and
Dr. Bull doing everything we can
153
00:07:04,037 --> 00:07:07,997
to avoid giving that boy money
your company can easily afford.
154
00:07:08,041 --> 00:07:09,999
Money your customers,
the very nice family
155
00:07:10,043 --> 00:07:11,871
who own the pizza parlor,
156
00:07:11,914 --> 00:07:14,003
have every right to expect you
to pay on their behalf.
157
00:07:14,047 --> 00:07:15,527
This is
a premises liability suit.
158
00:07:15,570 --> 00:07:18,138
How many hundreds of these
do you deal with a week?
159
00:07:18,181 --> 00:07:19,748
Many hundreds.
160
00:07:19,792 --> 00:07:21,489
Then explain the math to me,
161
00:07:21,533 --> 00:07:23,230
'cause I can't
quite figure it out.
162
00:07:23,273 --> 00:07:25,624
You'd rather give my company
a million dollars
163
00:07:25,667 --> 00:07:27,669
and spend all the other costs
164
00:07:27,713 --> 00:07:30,367
associated with taking
this thing to court...
165
00:07:30,411 --> 00:07:33,370
than give a crippled child
$2 million?
166
00:07:33,414 --> 00:07:36,417
[laughs]: Oh, it isn't that
that we take issue with.
167
00:07:36,461 --> 00:07:39,072
It's the selfie of it all.
168
00:07:39,115 --> 00:07:42,075
You would be shocked how many
people are injured or killed
169
00:07:42,118 --> 00:07:45,295
doing something that requires
all of their attention
170
00:07:45,339 --> 00:07:48,255
while pointing a phone
at themselves.
171
00:07:48,298 --> 00:07:49,561
Oh, I know.
172
00:07:49,604 --> 00:07:51,432
People fall
into the Grand Canyon.
173
00:07:51,476 --> 00:07:53,129
They get mauled by zoo animals.
174
00:07:53,173 --> 00:07:56,176
Selfie culture is
a complex mixture
175
00:07:56,219 --> 00:07:58,657
of identity, expression,
self-esteem.
176
00:07:58,700 --> 00:08:01,094
But... I am reasonably certain
177
00:08:01,137 --> 00:08:03,531
you can't litigate it
out of existence.
178
00:08:03,575 --> 00:08:05,794
Well, my company
is determined to try.
179
00:08:05,838 --> 00:08:10,277
The question is, will we do it
with the two of you at our side?
180
00:08:10,320 --> 00:08:12,061
The trial hasn't
started yet.
181
00:08:12,105 --> 00:08:13,672
You can still bow out.
182
00:08:13,715 --> 00:08:16,892
Happy to give some other firm
that million.
183
00:08:16,936 --> 00:08:18,633
And yes...
184
00:08:18,677 --> 00:08:23,551
I know you two boys
are supposed to be the best...
185
00:08:23,595 --> 00:08:27,512
but if second best is all
that's available to us...
186
00:08:27,555 --> 00:08:30,471
I promise you we'll make do.
187
00:08:34,127 --> 00:08:35,737
Like I said before...
188
00:08:35,781 --> 00:08:38,566
we're happy to take your money,
Ms. Kress.
189
00:08:38,610 --> 00:08:41,177
AVERY:
Yes. Well...
190
00:08:41,221 --> 00:08:44,224
it turns out almost everyone is.
191
00:08:46,139 --> 00:08:48,141
See you at trial, gentlemen.
192
00:08:51,144 --> 00:08:54,582
We just have to defend them.
We don't have to like them.
193
00:08:54,626 --> 00:08:56,541
♪
194
00:09:03,112 --> 00:09:05,593
Meet the plaintiff--
James Donovan.
195
00:09:05,637 --> 00:09:08,770
Wow. What
a sweet-looking kid.
196
00:09:08,814 --> 00:09:12,034
And we're on which side
of this particular dispute?
197
00:09:12,078 --> 00:09:13,427
Don't be a wise guy.
198
00:09:13,470 --> 00:09:15,516
And this is
the last photo
199
00:09:15,560 --> 00:09:19,259
James took before he fell
two stories to the sidewalk.
200
00:09:19,302 --> 00:09:21,087
Scary.
201
00:09:21,130 --> 00:09:22,915
And this is James today.
202
00:09:22,958 --> 00:09:23,916
[gasps softly]
203
00:09:23,959 --> 00:09:25,308
What a nightmare.
204
00:09:25,352 --> 00:09:27,093
Will this kid
ever walk again?
205
00:09:27,136 --> 00:09:28,616
AVERY:
Based on the severity
206
00:09:28,660 --> 00:09:32,751
of his injuries and the current
state of medical technology,
207
00:09:32,794 --> 00:09:35,623
I'd say that's
highly unlikely.
208
00:09:35,667 --> 00:09:38,234
But frankly, that's
really a question
209
00:09:38,278 --> 00:09:40,759
for his family's
health insurance provider.
210
00:09:40,802 --> 00:09:43,936
Our focus needs to be
on making a case
211
00:09:43,979 --> 00:09:47,330
that the willful trespassing
that went on here
212
00:09:47,374 --> 00:09:49,637
exempts this as a claim
213
00:09:49,681 --> 00:09:51,987
against the property owner's
commercial liability insurance.
214
00:09:52,031 --> 00:09:53,815
This is Avery Kress.
215
00:09:53,859 --> 00:09:55,425
Ah.
Senior vice
president
216
00:09:55,469 --> 00:09:58,603
of claims at Immunity Insurance.
217
00:09:58,646 --> 00:09:59,995
Our client.
218
00:10:00,039 --> 00:10:01,606
Nice to meet you all.
219
00:10:01,649 --> 00:10:03,172
I just had breakfast
with Dr. Bull,
220
00:10:03,216 --> 00:10:06,523
and he suggested that I stop by
and sit in on your...
221
00:10:06,567 --> 00:10:08,003
strategy session.
222
00:10:08,047 --> 00:10:10,440
Look,
the burden of proof
223
00:10:10,484 --> 00:10:14,314
is on the plaintiffs
to prove negligence.
224
00:10:14,357 --> 00:10:18,666
Our job is to demonstrate that
the owners did everything right.
225
00:10:18,710 --> 00:10:20,407
Fences. Locks.
226
00:10:20,450 --> 00:10:23,323
We have to prove they made it
as hard as they could
227
00:10:23,366 --> 00:10:25,717
for anyone
to get up on that roof.
228
00:10:25,760 --> 00:10:28,763
I don't know.
I don't want to just roll over
229
00:10:28,807 --> 00:10:30,504
and buy into
the plaintiff's theory
230
00:10:30,547 --> 00:10:32,462
that just because
the victim is a minor,
231
00:10:32,506 --> 00:10:36,466
that he's covered by the
attractive nuisance doctrine.
232
00:10:36,510 --> 00:10:37,859
The boy is 14.
233
00:10:37,903 --> 00:10:39,687
He is not an infant.
234
00:10:39,731 --> 00:10:41,471
He should have known better.
235
00:10:41,515 --> 00:10:44,257
Eh. It's never a great
thing to blame the victim,
236
00:10:44,300 --> 00:10:46,563
especially if the victim's
in a wheelchair.
237
00:10:46,607 --> 00:10:48,696
Forgive me for
being blunt,
238
00:10:48,740 --> 00:10:50,393
but I don't think
the face of this case
239
00:10:50,437 --> 00:10:52,047
should be the big bad
insurance company.
240
00:10:52,091 --> 00:10:55,094
I think it should be the owner
of the pizza restaurant.
241
00:10:55,137 --> 00:10:58,314
The people who stand
to lose everything
242
00:10:58,358 --> 00:10:59,794
when they've done
nothing wrong.
243
00:10:59,838 --> 00:11:02,231
Now that's something the jury
could hang their hat on,
244
00:11:02,275 --> 00:11:04,103
and that's something
the jury could relate to.
245
00:11:04,146 --> 00:11:05,408
I don't agree.
246
00:11:05,452 --> 00:11:07,672
I'm telling you,
it'll come across as callous.
247
00:11:07,715 --> 00:11:09,586
Not if you finesse it.
248
00:11:12,285 --> 00:11:15,418
Well, uh,
what does Dr. Bull think?
249
00:11:15,462 --> 00:11:17,464
Well, I guess we'll see.
250
00:11:17,507 --> 00:11:19,945
We have voir dire
in three hours.
251
00:11:19,988 --> 00:11:22,338
Maybe the secret lies somewhere
in the middle.
252
00:11:22,382 --> 00:11:24,427
How do you mean?
253
00:11:24,471 --> 00:11:25,907
Yeah, how do you mean?
254
00:11:25,951 --> 00:11:29,650
Well, maybe we let our narrative
embrace... both ideas.
255
00:11:29,694 --> 00:11:31,652
Present them as if
they complement each other,
256
00:11:31,696 --> 00:11:32,697
which they do.
257
00:11:32,740 --> 00:11:34,133
I don't follow.
258
00:11:34,176 --> 00:11:36,613
We make sure the jury sees
your clients
259
00:11:36,657 --> 00:11:38,267
as responsible business owners
260
00:11:38,311 --> 00:11:40,748
who took every
possible precaution.
261
00:11:40,792 --> 00:11:43,359
Then we make sure
they see James
262
00:11:43,403 --> 00:11:46,014
as a mature young man
who has to be held responsible
263
00:11:46,058 --> 00:11:47,363
for his reckless choices.
264
00:11:47,407 --> 00:11:48,756
He doesn't get a free pass
265
00:11:48,800 --> 00:11:50,671
just because he got badly hurt.
266
00:11:53,805 --> 00:11:57,112
Mr. Elmasry, Mrs. Elmasry.
267
00:11:57,156 --> 00:11:59,288
My name's Dr. Jason Bull.
I'll be spearheading
268
00:11:59,332 --> 00:12:00,594
your defense here in court.
269
00:12:00,637 --> 00:12:02,117
Allow me to introduce
your attorney of record,
270
00:12:02,161 --> 00:12:03,379
Mr. Benjamin Colón.
271
00:12:03,423 --> 00:12:04,816
BENNY:
Pleasure to meet you both.
272
00:12:04,859 --> 00:12:06,121
AVERY:
So I'm guessing Mr. Elmasry
273
00:12:06,165 --> 00:12:08,210
will sit up here
with you and me,
274
00:12:08,254 --> 00:12:10,256
and Mr. Colón
and, uh,
275
00:12:10,299 --> 00:12:11,561
Mrs. Elmasry,
you'll sit in the gallery
276
00:12:11,605 --> 00:12:12,562
directly behind us.Actually,
277
00:12:12,606 --> 00:12:13,781
here's what I'd like to do.
278
00:12:13,825 --> 00:12:15,261
I'd like to have
the two of you sit up here
279
00:12:15,304 --> 00:12:16,784
at the defense table
with Mr. Colón,
280
00:12:16,828 --> 00:12:20,527
and you and I will be
in the gallery.
281
00:12:21,789 --> 00:12:24,487
I think it's important
when the jury looks over
282
00:12:24,531 --> 00:12:26,185
at the defense table,
they are reminded
283
00:12:26,228 --> 00:12:29,405
that the only people with
anything to lose at this trial
284
00:12:29,449 --> 00:12:31,059
are a hard-working family,
285
00:12:31,103 --> 00:12:32,800
not a gaggle of well-dressed,
286
00:12:32,844 --> 00:12:35,063
well-paid executives
and lawyers.
287
00:12:35,107 --> 00:12:38,371
Plus, it'll give you a chance
to see what it is I do
288
00:12:38,414 --> 00:12:41,069
that your company
is paying so much for.
289
00:12:42,854 --> 00:12:45,204
Any chance I could steal you
for five minutes
290
00:12:45,247 --> 00:12:47,859
before we get
this thing started?
291
00:12:47,902 --> 00:12:50,209
She's a real piece of work,
our Ms. Kress.
292
00:12:50,252 --> 00:12:51,776
You can say that again.
293
00:12:51,819 --> 00:12:54,169
She's a real
piece of work.
294
00:12:54,213 --> 00:12:56,041
Now that we've got that
out of the way,
295
00:12:56,084 --> 00:12:58,826
how do you suggest
we curate a jury
296
00:12:58,870 --> 00:13:01,307
that will look past
a kid in a wheelchair?
297
00:13:01,350 --> 00:13:04,484
Well, in this case, it's
not so much about selecting
298
00:13:04,527 --> 00:13:06,529
as it is about de-selecting.
299
00:13:06,573 --> 00:13:09,445
Anyone with a pulse is gonna
take one look at the plaintiff
300
00:13:09,489 --> 00:13:12,013
and want to help him, want
to do something for him.
301
00:13:12,057 --> 00:13:14,363
Got it. So we eliminate
anyone with a pulse.
302
00:13:14,407 --> 00:13:16,452
Or, failing that,
303
00:13:16,496 --> 00:13:19,978
we minimize the presence
of sentimentalists.
304
00:13:20,021 --> 00:13:21,849
'Cause we want jurors who
lead with their heads.
305
00:13:21,893 --> 00:13:25,461
Who prioritize logic
and reason over emotion.
306
00:13:25,505 --> 00:13:27,855
People who will
be able to see clearly
307
00:13:27,899 --> 00:13:29,465
that our client
isn't responsible
308
00:13:29,509 --> 00:13:30,989
for what happened to James.
309
00:13:31,032 --> 00:13:33,339
James is.
310
00:13:33,382 --> 00:13:35,471
Good afternoon, everyone.
311
00:13:35,515 --> 00:13:37,256
So let's imagine
312
00:13:37,299 --> 00:13:40,346
there's a hurricane
barreling down on your town.
313
00:13:40,389 --> 00:13:42,478
Wind, rain,
314
00:13:42,522 --> 00:13:44,654
emergency crews,
the whole nine yards.
315
00:13:44,698 --> 00:13:47,266
You've just received
an order to evacuate.
316
00:13:47,309 --> 00:13:49,355
You have five minutes
to leave your town.
317
00:13:49,398 --> 00:13:51,357
What do you take?Well,
318
00:13:51,400 --> 00:13:52,967
I guess I'd take my phone,
319
00:13:53,011 --> 00:13:55,230
my keys, my wallet.
320
00:13:55,274 --> 00:13:58,103
Oh, and our passports
and our marriage license.
321
00:13:58,146 --> 00:13:59,626
Important documents.Mm.
322
00:13:59,669 --> 00:14:01,106
You sound very practical.
323
00:14:01,149 --> 00:14:02,803
I suppose I am.
324
00:14:04,109 --> 00:14:06,459
Your Honor, juror number eight
325
00:14:06,502 --> 00:14:08,461
is acceptable
to the defense.
326
00:14:08,504 --> 00:14:10,028
And what about you, sir?
327
00:14:10,071 --> 00:14:13,031
What would you take if you only
had minutes to evacuate?
328
00:14:13,074 --> 00:14:15,207
Well, first, I'd make sure
my family is safe.
329
00:14:15,250 --> 00:14:16,904
Of course.Then, I guess I'd grab
330
00:14:16,948 --> 00:14:18,384
the photo albums...
331
00:14:18,427 --> 00:14:20,995
my father's urn...
and the blanket
332
00:14:21,039 --> 00:14:22,910
we brought our daughter home in
from the hospital.
333
00:14:22,954 --> 00:14:24,085
Important memories.
334
00:14:24,129 --> 00:14:26,566
They are for me.
335
00:14:26,609 --> 00:14:30,048
Your Honor, we'd like to thank
and excuse juror number 12.
336
00:14:30,091 --> 00:14:32,267
Okay, can I have
a show of hands?
337
00:14:32,311 --> 00:14:35,792
How many of you have kids?
338
00:14:35,836 --> 00:14:37,359
Okay.
339
00:14:37,403 --> 00:14:40,101
Ah, I see you didn't raise
your hand.
340
00:14:40,145 --> 00:14:41,450
May I ask,
341
00:14:41,494 --> 00:14:43,365
do you have any nieces
or nephews?
342
00:14:43,409 --> 00:14:45,367
I have a niece.
She's six.
343
00:14:45,411 --> 00:14:48,153
You know,
Christmas is coming up.
344
00:14:48,196 --> 00:14:50,546
You ever think about maybe
giving her a puppy?
345
00:14:50,590 --> 00:14:54,681
[chuckles] Sounds sweet, but my
brother would never forgive me.
346
00:14:54,724 --> 00:14:56,378
Mm.
347
00:14:56,422 --> 00:14:59,904
Your Honor, this juror is
acceptable to the defense.
348
00:14:59,947 --> 00:15:02,167
Nice work.
349
00:15:02,210 --> 00:15:03,908
I see what you're doing here.
350
00:15:03,951 --> 00:15:06,258
Stacking the deck
with pragmatists.
351
00:15:06,301 --> 00:15:09,043
Ah, do you see
what they're doing?
352
00:15:09,087 --> 00:15:11,002
No James,
no wheelchair.
353
00:15:11,045 --> 00:15:13,700
She's saving her client
so he can make
354
00:15:13,743 --> 00:15:14,962
a big theatrical entrance.
355
00:15:15,006 --> 00:15:16,311
And for what it's worth,
356
00:15:16,355 --> 00:15:19,227
I would do the same thing.
357
00:15:19,271 --> 00:15:21,229
AMIR:
So everyone is happy?
358
00:15:21,273 --> 00:15:22,927
That went well?
359
00:15:22,970 --> 00:15:24,319
Well, under the circumstances,
360
00:15:24,363 --> 00:15:25,625
I don't think
there's any one of us
361
00:15:25,668 --> 00:15:28,019
that thought
this was gonna be easy.
362
00:15:28,062 --> 00:15:31,587
Plaintiff is
especially sympathetic.
363
00:15:31,631 --> 00:15:34,068
I mean, a young man at
the threshold of his life,
364
00:15:34,112 --> 00:15:36,636
losing the use
of his lower body.
365
00:15:36,679 --> 00:15:38,420
It's tragic.
366
00:15:38,464 --> 00:15:41,510
Given that,
I think we seated a jury
367
00:15:41,554 --> 00:15:43,643
where there's a real chance
two or more members
368
00:15:43,686 --> 00:15:46,254
are gonna see things your way,
and that is all we need.
369
00:15:46,298 --> 00:15:49,127
But, uh...
Can I ask a question?
370
00:15:49,170 --> 00:15:50,563
BENNY:
Of course, Mr. Elmasry.
371
00:15:50,606 --> 00:15:53,174
This is your trial, you can
ask whatever you'd like.
372
00:15:53,218 --> 00:15:55,698
What are we doing here?
373
00:15:55,742 --> 00:15:59,398
Our entire family feels terribly
about what happened to that boy.
374
00:15:59,441 --> 00:16:00,703
We don't need a trial.
375
00:16:00,747 --> 00:16:02,009
We don't want a trial.
376
00:16:02,053 --> 00:16:03,837
I paid my insurance.
377
00:16:03,880 --> 00:16:05,839
Someone had an accident
on my property,
378
00:16:05,882 --> 00:16:08,363
then why doesn't the insurance
company just pay them?
379
00:16:08,407 --> 00:16:10,235
Isn't that what
the insurance is for?
380
00:16:10,278 --> 00:16:11,540
AVERY:
No. That's not
381
00:16:11,584 --> 00:16:14,413
what the insurance is for;
not in this case.
382
00:16:14,456 --> 00:16:15,805
In this case,
383
00:16:15,849 --> 00:16:19,200
your insurance is here
to be the bad guy.
384
00:16:19,244 --> 00:16:21,333
And trust me,
you need a bad guy.
385
00:16:21,376 --> 00:16:25,119
In cases like this,
society needs a bad guy.
386
00:16:25,163 --> 00:16:27,295
I don't understand.
387
00:16:27,339 --> 00:16:29,254
Mr. Elmasry,
you and your wife
388
00:16:29,297 --> 00:16:31,473
did not pay premiums
so anyone could come along
389
00:16:31,517 --> 00:16:35,173
and say you owe them money
and have it paid by us.
390
00:16:35,216 --> 00:16:38,219
This young man
did not have an accident.
391
00:16:38,263 --> 00:16:40,787
An accident is when you go along
in your life,
392
00:16:40,830 --> 00:16:43,659
and something unexpected
happens.
393
00:16:43,703 --> 00:16:46,662
This young man made
an active choice.
394
00:16:46,706 --> 00:16:48,055
He trespassed.
395
00:16:48,099 --> 00:16:50,797
Went somewhere
he was not supposed to go.
396
00:16:50,840 --> 00:16:54,192
Sat on something that was
never built to support him.
397
00:16:54,235 --> 00:16:56,933
And he fell to the ground
as a result.
398
00:16:56,977 --> 00:17:00,459
And now he wants you, or us,
399
00:17:00,502 --> 00:17:04,767
society to pay
for what happened to him?
400
00:17:04,811 --> 00:17:06,595
Do you think that's fair?
401
00:17:06,639 --> 00:17:08,380
Do you have $2 million?
402
00:17:08,423 --> 00:17:12,732
$2 million to just
hand over to a stranger
403
00:17:12,775 --> 00:17:15,430
who did nothing
but violate your rights
404
00:17:15,474 --> 00:17:18,129
and treat your property
as his own
405
00:17:18,172 --> 00:17:19,913
just so he could take a picture?
406
00:17:19,956 --> 00:17:24,526
No, I do not,
but what about mercy?
407
00:17:24,570 --> 00:17:26,528
What about forgiveness?
408
00:17:26,572 --> 00:17:29,444
Forgiveness is for churches.
409
00:17:29,488 --> 00:17:31,359
Mercy is for charities.
410
00:17:31,403 --> 00:17:32,795
We are a business.
411
00:17:32,839 --> 00:17:35,755
And, like you,
we don't have $2 million.
412
00:17:35,798 --> 00:17:39,193
Not to give away
to any reckless fool
413
00:17:39,237 --> 00:17:40,890
who thinks the world
is just waiting
414
00:17:40,934 --> 00:17:43,502
to see a picture of them
put their life at risk.
415
00:17:46,853 --> 00:17:48,115
It's okay.
[exhales]
416
00:17:48,159 --> 00:17:49,247
I know it's hard.
417
00:17:49,290 --> 00:17:50,813
It's not on you.
418
00:17:50,857 --> 00:17:52,119
Like I said,
419
00:17:52,163 --> 00:17:56,993
let us be the bad guy, hmm?
420
00:17:58,082 --> 00:18:00,606
Nice work today,
you two.
421
00:18:00,649 --> 00:18:02,782
I will see everyone
in the morning.
422
00:18:02,825 --> 00:18:04,175
Good night.Good night.
423
00:18:05,263 --> 00:18:06,525
Good night.Good night.
424
00:18:08,135 --> 00:18:11,095
So if she's the bad guy,
425
00:18:11,138 --> 00:18:13,140
then what does that make us?
426
00:18:18,232 --> 00:18:21,148
The plaintiff would like to call
for its first witness,
427
00:18:21,192 --> 00:18:22,802
James Donovan.
428
00:18:26,197 --> 00:18:28,155
[gallery murmurs quietly]
429
00:18:28,199 --> 00:18:30,114
[wheelchair whirring]
430
00:18:48,523 --> 00:18:51,004
We have any green
left at all?
431
00:18:51,047 --> 00:18:55,139
Nope. It's like
a forest fire in here.
432
00:18:55,182 --> 00:18:57,402
ASTRID: And would you
share, for the jury,
433
00:18:57,445 --> 00:19:00,405
how it was that you
came to have the idea
434
00:19:00,448 --> 00:19:02,320
to take a selfie on the roof
435
00:19:02,363 --> 00:19:04,626
of the Flying Carpet
Pizza Parlor?
436
00:19:04,670 --> 00:19:06,193
I was with my friends
437
00:19:06,237 --> 00:19:07,890
and we were walking
by the restaurant,
438
00:19:07,934 --> 00:19:09,457
and one of them was saying
439
00:19:09,501 --> 00:19:11,198
how much she loved that pizza.
440
00:19:11,242 --> 00:19:13,896
So I thought, "I'm gonna get
an amazing selfie
441
00:19:13,940 --> 00:19:15,724
and get her a free slice
of pizza."
442
00:19:15,768 --> 00:19:19,511
Hmm. But where did you get
the idea to go up on the roof?
443
00:19:20,599 --> 00:19:23,036
Actually, I...
I got it from him.
444
00:19:23,079 --> 00:19:25,647
ASTRID:
Let the record show
that the plaintiff is pointing
445
00:19:25,691 --> 00:19:27,606
at Amir Elmasry.He never shared that with me.
446
00:19:27,649 --> 00:19:30,130
[gallery murmuring][gavel pounding]
447
00:19:30,174 --> 00:19:33,742
And how did Mr. Elmasry
come to give you this idea?
448
00:19:33,786 --> 00:19:35,701
To risk your life and limb
449
00:19:35,744 --> 00:19:39,400
by climbing up on the roof
of his establishment?
450
00:19:39,444 --> 00:19:42,316
Earlier that day,
I was in there
451
00:19:42,360 --> 00:19:44,405
and I saw that they had
this contest going
452
00:19:44,449 --> 00:19:45,972
where if you take a selfie
453
00:19:46,015 --> 00:19:47,582
and you post it
on social media,
454
00:19:47,626 --> 00:19:49,323
with you standing
in front of the store
455
00:19:49,367 --> 00:19:51,195
and the sign that has the pizza
456
00:19:51,238 --> 00:19:52,805
that looks like a flying carpet
in the background,
457
00:19:52,848 --> 00:19:54,633
you can qualify
to win a free slice.
458
00:19:54,676 --> 00:19:56,809
Any idea where
this is going?
459
00:19:56,852 --> 00:19:58,637
JAMES: I was hungry, didn't
have quiet enough for pizza.No. None.
460
00:19:58,680 --> 00:20:00,552
So I went outside,And I have no recollection
461
00:20:00,595 --> 00:20:02,815
took my phone and shot a selfie.of ever seeing this
kid in my life.
462
00:20:02,858 --> 00:20:05,948
And did you show your photo to
the defendant, to Mr. Elmasry?
463
00:20:05,992 --> 00:20:07,036
Yes, I did.
464
00:20:07,080 --> 00:20:08,647
ASTRID:
And what happened?
465
00:20:08,690 --> 00:20:10,257
He said he had hundreds
of pictures
466
00:20:10,301 --> 00:20:12,303
that looked exactly like mine.
467
00:20:12,346 --> 00:20:15,523
In order for the selfie to win,
it had to be different.
468
00:20:15,567 --> 00:20:19,614
Is that why you decided
to do something bigger?
469
00:20:19,658 --> 00:20:22,661
Yeah.
That was the beginning of it.
470
00:20:22,704 --> 00:20:24,532
That night,
when my friend was telling me
471
00:20:24,576 --> 00:20:26,230
how much she loved that pizza,
472
00:20:26,273 --> 00:20:28,057
I thought,
"This is my chance."
473
00:20:28,101 --> 00:20:30,886
So I climbed on the roof,
and went out to the pizza
474
00:20:30,930 --> 00:20:33,149
to get a really special shot.
475
00:20:33,193 --> 00:20:34,934
Just like he told me.
476
00:20:34,977 --> 00:20:37,110
ASTRID:
Thank you, James.
477
00:20:37,153 --> 00:20:39,765
I have no further questions
for this witness, Your Honor.
478
00:20:39,808 --> 00:20:41,680
Very well.
479
00:20:41,723 --> 00:20:43,421
Let's take a 20 minute break
and then continue
480
00:20:43,464 --> 00:20:46,424
with cross-examination.[gavel bangs]
481
00:20:46,467 --> 00:20:48,164
So you have no recollection
of meeting this boy?
482
00:20:48,208 --> 00:20:50,689
None. I have never
seen that boy before.
483
00:20:50,732 --> 00:20:53,039
Not that I can
recall, anyway.
484
00:20:53,082 --> 00:20:55,476
Wait a second.
What does that mean?
485
00:20:55,520 --> 00:20:58,174
After school, we get 40, 50 kids
in the store at a time.
486
00:20:58,218 --> 00:20:59,654
We can't tell one
from the other.
487
00:20:59,698 --> 00:21:01,308
They all start
to look the same.
488
00:21:01,352 --> 00:21:02,353
Well, they're not all the same.
489
00:21:02,396 --> 00:21:03,919
This one is suing
for $2 million.
490
00:21:03,963 --> 00:21:05,747
And he's implying
491
00:21:05,791 --> 00:21:07,532
that you gave him the idea
to go up on the roof.
492
00:21:07,575 --> 00:21:09,882
Insinuating that you
gave him permission.
493
00:21:09,925 --> 00:21:11,057
Okay, Ms. Kress, forgive me,
494
00:21:11,100 --> 00:21:13,277
but that is a stretch.
495
00:21:13,320 --> 00:21:14,887
And frankly, I don't
think it really matters.
496
00:21:14,930 --> 00:21:18,456
Mr. Colón will cross-examine
and undo whatever damage he can,
497
00:21:18,499 --> 00:21:22,895
but I assure you,
no rational juror
498
00:21:22,938 --> 00:21:24,244
is gonna believe
Mr. Elmasry
499
00:21:24,288 --> 00:21:26,377
gave anyone permission,
let alone encouraged them,
500
00:21:26,420 --> 00:21:27,900
to get up on his roof.
501
00:21:27,943 --> 00:21:29,249
Not unless they see proof.
502
00:21:29,293 --> 00:21:31,773
Well, I hope you're right.
503
00:21:34,080 --> 00:21:35,734
It's like she
keeps forgetting
504
00:21:35,777 --> 00:21:37,692
who pays who and
who works for who.
Mm.
505
00:21:37,736 --> 00:21:39,694
Look, I have no idea
506
00:21:39,738 --> 00:21:42,349
whether that boy is telling
the truth or not, but...
507
00:21:42,393 --> 00:21:44,133
like I told Ms. Kress,
508
00:21:44,177 --> 00:21:45,744
at the end of the day,
509
00:21:45,787 --> 00:21:47,920
I don't think it's gonna matter. [gavel bangs]
510
00:21:47,963 --> 00:21:50,792
Hello, James.
Nice to meet you.
511
00:21:50,836 --> 00:21:52,185
Nice to meet you, sir.
512
00:21:52,228 --> 00:21:54,448
I think
that everyone here agrees
513
00:21:54,492 --> 00:21:56,624
that what happened to you
is tragic.
514
00:21:56,668 --> 00:21:59,323
And I'm fairly certain
there isn't a person
515
00:21:59,366 --> 00:22:01,716
in this room
that doesn't feel for you.
516
00:22:01,760 --> 00:22:03,283
Thank you.
517
00:22:03,327 --> 00:22:04,719
All right.
518
00:22:04,763 --> 00:22:07,592
Now, you testified under oath
519
00:22:07,635 --> 00:22:11,160
that Mr. Elmasry told you
520
00:22:11,204 --> 00:22:13,989
to come up with a different type
of selfie.
521
00:22:14,033 --> 00:22:15,817
That's right. He did.
522
00:22:15,861 --> 00:22:18,777
Ah. Well, I have
to be honest with you.
523
00:22:18,820 --> 00:22:21,475
He has no recollection
of ever having met you.
524
00:22:21,519 --> 00:22:24,260
And even if he did, he's certain
525
00:22:24,304 --> 00:22:28,439
he didn't actually tell you
to go up on a roof.
526
00:22:28,482 --> 00:22:30,658
I mean,
is it your testimony here today
527
00:22:30,702 --> 00:22:34,619
that he actually told you
to go up on his roof?
528
00:22:34,662 --> 00:22:37,143
Well, no.
529
00:22:37,186 --> 00:22:39,972
BENNY:
In fact, if the evidence
is to be believed,
530
00:22:40,015 --> 00:22:43,758
Mr. Elmasry took great pains
to keep people off his roof.
531
00:22:43,802 --> 00:22:45,020
Objection, Your Honor.
532
00:22:45,064 --> 00:22:46,718
Calls for speculation.
533
00:22:46,761 --> 00:22:49,416
How is my client supposed
to know what kinds of pains
534
00:22:49,460 --> 00:22:51,636
Mr. Elmasry may or
may not have taken
535
00:22:51,679 --> 00:22:53,333
to keep people
off his roof?
536
00:22:53,377 --> 00:22:55,117
BENNY:
I beg to differ,
537
00:22:55,161 --> 00:22:56,728
Your Honor.
538
00:22:56,771 --> 00:22:58,904
In fact, I'll wager
539
00:22:58,947 --> 00:23:02,342
that young James here has
a better understanding as to
540
00:23:02,386 --> 00:23:06,346
how tough the Elmasrys made
it to get up on that roof
541
00:23:06,390 --> 00:23:08,479
than anyone else alive.
542
00:23:08,522 --> 00:23:10,132
Objection overruled.
543
00:23:10,176 --> 00:23:12,047
You may proceed, Mr. Colón.
544
00:23:12,091 --> 00:23:14,049
Thank you, Your Honor.
545
00:23:14,093 --> 00:23:16,487
Now, James,
546
00:23:16,530 --> 00:23:18,445
you remember
this fence?
547
00:23:18,489 --> 00:23:21,796
Uh, uh... I-I don't know.
I-I guess so.
548
00:23:21,840 --> 00:23:23,102
Let me refresh your memory.
549
00:23:23,145 --> 00:23:25,147
It's a ten-foot fence.
550
00:23:25,191 --> 00:23:27,454
No way you could have gotten
onto that roof
551
00:23:27,498 --> 00:23:29,325
without climbing this first.
552
00:23:29,369 --> 00:23:33,765
Do you remember this lock
and chain around the fence?
553
00:23:35,027 --> 00:23:37,116
I-I think... I think
I saw it there, yeah.
554
00:23:38,465 --> 00:23:40,032
How about this sign?
555
00:23:40,075 --> 00:23:42,164
You remember this
sign? I mean, it was
556
00:23:42,208 --> 00:23:43,992
lit with a big floodlight.
557
00:23:44,036 --> 00:23:45,559
Kind of hard to miss.
558
00:23:46,647 --> 00:23:48,083
Yeah, I think it was there.
559
00:23:48,127 --> 00:23:49,302
You think so?
560
00:23:49,345 --> 00:23:50,869
Huh? Well,
561
00:23:50,912 --> 00:23:53,915
so, there are signs,
there are lights,
562
00:23:53,959 --> 00:23:57,136
there are locks,
and there's a ten-foot fence.
563
00:23:57,179 --> 00:24:01,270
What part of "we don't want you
here" did you not understand?
564
00:24:03,664 --> 00:24:06,406
I'm sorry.
I-I didn't hear an answer,
565
00:24:06,450 --> 00:24:08,234
Your Honor.
Nonetheless,
566
00:24:08,277 --> 00:24:11,280
I will withdraw the question
and move on to something else.
567
00:24:12,456 --> 00:24:14,849
That look
familiar, James?
568
00:24:14,893 --> 00:24:16,329
Yes.
569
00:24:16,372 --> 00:24:18,374
So, what'd you do there?
570
00:24:18,418 --> 00:24:20,899
You move that dumpster up
against the wall,
571
00:24:20,942 --> 00:24:23,075
and hoist yourself up on it,
572
00:24:23,118 --> 00:24:25,120
pulled yourself up
on the ladder?
573
00:24:26,644 --> 00:24:29,081
Let me remind you that
you are under oath.
574
00:24:29,124 --> 00:24:30,735
I'd also like to inform you
575
00:24:30,778 --> 00:24:32,606
that when police
and paramedics reported
576
00:24:32,650 --> 00:24:35,479
to the scene that night
after your fall, they noted
577
00:24:35,522 --> 00:24:39,526
that the dumpster was in the
exact same place you left it--
578
00:24:39,570 --> 00:24:41,876
up against the wall,
beneath the ladder.
579
00:24:41,920 --> 00:24:43,878
He is very good.
580
00:24:43,922 --> 00:24:46,794
Did I mention when I found him,
he was buck naked in the woods,
581
00:24:46,838 --> 00:24:48,709
nothing but a law
book in his hands?
582
00:24:48,753 --> 00:24:50,668
So I'm gonna ask you
for the second time.
583
00:24:50,711 --> 00:24:54,062
Did you push that dumpster
up against the wall,
584
00:24:54,106 --> 00:24:55,455
hoist yourself
up on it,
585
00:24:55,499 --> 00:24:57,762
pull yourself up on the ladder
586
00:24:57,805 --> 00:25:00,242
so that you could have access
to the sign
587
00:25:00,286 --> 00:25:03,550
depicting
the Flying Carpet Pizza slice?
588
00:25:03,594 --> 00:25:05,813
[sighs]
589
00:25:05,857 --> 00:25:07,554
Yes. Yes, I did.
590
00:25:07,598 --> 00:25:09,382
Yes, you did.[gallery murmuring]
591
00:25:09,425 --> 00:25:11,340
Doesn't sound like
it was all that easy
592
00:25:11,384 --> 00:25:13,212
to get up there to me, was it?
593
00:25:14,300 --> 00:25:15,562
No, it wasn't.
594
00:25:15,606 --> 00:25:17,042
[gallery murmuring]
595
00:25:17,085 --> 00:25:19,871
Okay. No further questions
596
00:25:19,914 --> 00:25:21,176
for this witness,
Your Honor.
597
00:25:21,220 --> 00:25:22,395
You're excused,
598
00:25:22,438 --> 00:25:23,570
young man.
599
00:25:23,614 --> 00:25:25,529
Thanks, James.
600
00:25:26,965 --> 00:25:28,923
ASTRID: Can you tell us
about your son's physical
601
00:25:28,967 --> 00:25:30,708
condition, Mrs. Donovan?
602
00:25:30,751 --> 00:25:32,971
Um...
603
00:25:33,014 --> 00:25:36,627
James is a... T9 paraplegic.
604
00:25:36,670 --> 00:25:38,542
He suffers
605
00:25:38,585 --> 00:25:41,849
from paralysis
in his lower torso and legs.
606
00:25:41,893 --> 00:25:44,112
And what's the prognosis?
607
00:25:44,156 --> 00:25:46,245
Are the doctors
offering any hope
608
00:25:46,288 --> 00:25:48,856
that he might some day
be able to walk again?
609
00:25:49,944 --> 00:25:52,251
No. No, they're not.
610
00:25:54,079 --> 00:25:56,255
How old is James?
611
00:25:56,298 --> 00:25:58,431
[sniffles]
Uh, he's 14.
612
00:25:59,519 --> 00:26:01,216
A child.
613
00:26:01,260 --> 00:26:03,349
Objection. That's up
to the jury to decide.
614
00:26:03,392 --> 00:26:05,264
Sustained.
615
00:26:08,746 --> 00:26:10,704
So, what's changed
616
00:26:10,748 --> 00:26:13,141
about your son's life
since his fall?
617
00:26:13,185 --> 00:26:14,752
[sighs]
God.
618
00:26:14,795 --> 00:26:16,754
Uh... everything.
619
00:26:18,320 --> 00:26:20,279
He-He's had to relearn
620
00:26:20,322 --> 00:26:21,367
things.
[sniffles]
621
00:26:21,410 --> 00:26:24,109
How to use the bathroom.
622
00:26:24,152 --> 00:26:26,633
How to get in
and out of a car.
623
00:26:26,677 --> 00:26:29,810
How to navigate getting in
and out of his own bed.
624
00:26:29,854 --> 00:26:32,987
And is there someone
to assist him with these things?
625
00:26:33,031 --> 00:26:35,076
Just me.
[sniffles]
626
00:26:35,120 --> 00:26:37,209
I had to quit my job.
627
00:26:38,340 --> 00:26:40,995
He, uh, he can't really
be left alone.
628
00:26:41,039 --> 00:26:43,084
And I'm guessing you're staring
629
00:26:43,128 --> 00:26:45,696
at a lot of new expenses.
630
00:26:45,739 --> 00:26:48,742
Installing ramps to make
your home wheelchair accessible?
631
00:26:48,786 --> 00:26:50,439
Buying an appropriate
632
00:26:50,483 --> 00:26:52,964
van so you can
transport him places?
633
00:26:53,007 --> 00:26:55,749
Yeah, took out a homeowner loan.
634
00:26:55,793 --> 00:26:57,751
They wouldn't give us enough
635
00:26:57,795 --> 00:27:00,188
to do everything we needed,
636
00:27:00,232 --> 00:27:02,713
but it's a start.
637
00:27:02,756 --> 00:27:04,976
Double-check me.
Juror number one looks like
638
00:27:05,019 --> 00:27:07,500
she's about to start
a GoFundMe page for James.
639
00:27:07,543 --> 00:27:08,936
What can I tell you?
640
00:27:08,980 --> 00:27:10,590
This is very effective
testimony.
641
00:27:10,634 --> 00:27:12,244
If we polled the jury right now,
642
00:27:12,287 --> 00:27:14,681
there is not a chance in hell
of our side winning.
643
00:27:14,725 --> 00:27:16,770
And I don't think
this jury is inclined
644
00:27:16,814 --> 00:27:19,599
to leave the award
at just $2 million.
645
00:27:19,643 --> 00:27:21,209
ASTRID:
I have nothing further.
646
00:27:21,253 --> 00:27:22,646
[clears throat]
647
00:27:24,604 --> 00:27:26,562
Concede that this
is a tragedy,
648
00:27:26,606 --> 00:27:29,261
but remind them that it's
not the Elmasrys' fault.
649
00:27:29,304 --> 00:27:31,524
BENNY:
Mrs. Donovan,
650
00:27:31,567 --> 00:27:36,181
before your son suffered
these life-changing injuries,
651
00:27:36,224 --> 00:27:38,966
how did he get to
and from school every day?
652
00:27:39,010 --> 00:27:41,403
He took the bus.
653
00:27:41,447 --> 00:27:43,362
New York City bus?Yes.
654
00:27:43,405 --> 00:27:46,582
And he traveled
on public transit alone?
655
00:27:46,626 --> 00:27:48,628
Sometimes.
656
00:27:48,672 --> 00:27:50,325
Would he take
the subway alone, too?
657
00:27:50,369 --> 00:27:51,849
Sure. Sometimes.
658
00:27:51,892 --> 00:27:53,111
Ah.
659
00:27:53,154 --> 00:27:54,982
Did you allow him to hang out
660
00:27:55,026 --> 00:27:57,028
with his best friends
after school?
661
00:27:57,071 --> 00:27:58,682
Of course.
662
00:27:58,725 --> 00:28:01,162
Without adult
supervision?
663
00:28:01,206 --> 00:28:03,687
Depending
on where they were going
664
00:28:03,730 --> 00:28:06,690
and what they were doing, yes.
665
00:28:06,733 --> 00:28:11,129
Ah. Now, James has a
two-year-old sister, doesn't he?
666
00:28:11,172 --> 00:28:14,393
Janie. Um,
she just turned three.
667
00:28:14,436 --> 00:28:16,177
Ah. My mistake.
668
00:28:16,221 --> 00:28:18,789
And would James ever
babysit her?
669
00:28:18,832 --> 00:28:21,661
Uh, from time to time.
670
00:28:21,705 --> 00:28:24,533
So, you trusted him
with a toddler?
671
00:28:24,577 --> 00:28:26,187
With his sister.
672
00:28:26,231 --> 00:28:27,841
Absolutely.Yes, but
673
00:28:27,885 --> 00:28:29,713
you felt comfortable doing this,
674
00:28:29,756 --> 00:28:32,541
because James was
a responsible young man.
675
00:28:32,585 --> 00:28:36,197
You knew he would take his
responsibility seriously,
676
00:28:36,241 --> 00:28:39,679
and you trusted
his sense of judgement. True?
677
00:28:39,723 --> 00:28:42,029
Objection. Compound question.
678
00:28:42,073 --> 00:28:43,465
Sustained.
679
00:28:43,509 --> 00:28:44,902
Rephrase the question.
680
00:28:44,945 --> 00:28:47,382
Now what you're telling us is,
681
00:28:47,426 --> 00:28:51,125
you treated your son
like a young adult.
682
00:28:51,169 --> 00:28:52,561
Objection.
683
00:28:52,605 --> 00:28:54,041
That's not
a question.
684
00:28:54,085 --> 00:28:55,956
Because isn't that,
in fact, what he is?
685
00:28:56,000 --> 00:28:58,611
Not a toddler
that could be
686
00:28:58,654 --> 00:29:00,874
lured into
an uncovered swimming pool
687
00:29:00,918 --> 00:29:03,964
by the shiny blue water,
688
00:29:04,008 --> 00:29:05,966
but a young man...
689
00:29:06,010 --> 00:29:08,229
who knows right from wrong.
690
00:29:08,273 --> 00:29:10,057
Who understands
when he sees
691
00:29:10,101 --> 00:29:12,538
a sign that says
"No Trespassing,"
692
00:29:12,581 --> 00:29:14,801
that means "stay away...
693
00:29:14,845 --> 00:29:17,064
for your own good."
694
00:29:17,108 --> 00:29:19,588
Isn't that right, Mrs. Donovan?
695
00:29:19,632 --> 00:29:21,329
Objection.
He's badgering the witness.
696
00:29:21,373 --> 00:29:23,375
Oh, that's all right.
697
00:29:23,418 --> 00:29:25,333
You don't have to answer that,
Mrs. Donovan.
698
00:29:25,377 --> 00:29:26,508
I know
you've been through a lot.
699
00:29:28,075 --> 00:29:29,990
No further questions,
Your Honor.
700
00:29:32,253 --> 00:29:34,778
MARISSA [over earbud]:
For what it's worth,
now might be an excellent time
701
00:29:34,821 --> 00:29:37,781
to let Ms. Kress know
she's getting her money's worth.
702
00:29:37,824 --> 00:29:41,175
I am suddenly staring
at three greens and three reds.
703
00:29:41,219 --> 00:29:42,437
[chuckles softly]
704
00:29:42,481 --> 00:29:44,178
What are you so happy about?
705
00:29:44,222 --> 00:29:46,354
Oh, I'm just looking
at the jury.
706
00:29:48,313 --> 00:29:49,836
You own half of them now.
707
00:29:50,968 --> 00:29:52,926
Well, what are you
bragging about?
708
00:29:52,970 --> 00:29:54,972
That just means
your work is only half done.
709
00:30:01,979 --> 00:30:04,198
The plaintiff would like
to call Paul Martin
710
00:30:04,242 --> 00:30:06,026
to the stand.
711
00:30:06,070 --> 00:30:08,812
Mr. Martin,
could you please
712
00:30:08,855 --> 00:30:11,858
describe your relationship
to the Elmasrys?
713
00:30:11,902 --> 00:30:14,382
Well, I live
in the neighborhood.
714
00:30:14,426 --> 00:30:16,907
I eat their pizza.
It's damn delicious.
715
00:30:16,950 --> 00:30:18,734
MARISSA [over earbud]:
Well, any idea
716
00:30:18,778 --> 00:30:20,040
who this is?
717
00:30:20,084 --> 00:30:21,650
'Cause the jury is on the edge
of their seats.
718
00:30:21,694 --> 00:30:24,697
They handed us an updated
witness list when we walked in,
719
00:30:24,740 --> 00:30:27,482
but Amir said he didn't
recognize the name.
720
00:30:27,526 --> 00:30:29,223
You recognize him now?
721
00:30:29,267 --> 00:30:31,182
ASTRID:
And would you please
722
00:30:31,225 --> 00:30:34,272
tell the jury why
you called my office?
723
00:30:34,315 --> 00:30:36,361
Why you reached out to us?
724
00:30:36,404 --> 00:30:38,276
I don't know.
725
00:30:38,319 --> 00:30:41,496
I read about the boy, how
he ended up in the wheelchair,
726
00:30:41,540 --> 00:30:43,020
and I felt badly.
727
00:30:43,063 --> 00:30:44,499
Why did you feel badly?
728
00:30:44,543 --> 00:30:45,849
Well...
729
00:30:45,892 --> 00:30:48,286
about a year ago,
730
00:30:48,329 --> 00:30:49,896
I'm walking down the sidewalk,
731
00:30:49,940 --> 00:30:53,552
right in front of Amir's place,
and bang.
732
00:30:53,595 --> 00:30:55,249
Something falls out of the sky.
733
00:30:55,293 --> 00:30:57,077
I get hit on the head.
734
00:30:57,121 --> 00:30:58,513
Felt like a rock.
735
00:30:58,557 --> 00:31:00,602
Couple of pounds, maybe.
736
00:31:00,646 --> 00:31:02,474
And I'm bleeding.
737
00:31:02,517 --> 00:31:05,869
And it feels like
it's gonna be a hell of a bump.
738
00:31:05,912 --> 00:31:07,609
And I look to see what it was.
739
00:31:07,653 --> 00:31:09,829
I pick it up off the sidewalk.
740
00:31:09,873 --> 00:31:12,614
And it's a piece
of concrete pepperoni.
741
00:31:12,658 --> 00:31:14,225
[gallery murmuring]Came off
742
00:31:14,268 --> 00:31:15,922
Mr. Elmasry's sign.[gavel bangs]
743
00:31:15,966 --> 00:31:17,402
ASTRID:
And did you call
744
00:31:17,445 --> 00:31:19,534
Mr. Elmasry?
Tell him what happened?
745
00:31:19,578 --> 00:31:21,014
I didn't have to.
746
00:31:21,058 --> 00:31:23,321
He came running out of the shop.
747
00:31:23,364 --> 00:31:25,976
Took complete responsibility
for everything.
748
00:31:26,019 --> 00:31:27,978
Said I should go
to the hospital,
749
00:31:28,021 --> 00:31:30,110
get some X-rays, MRI.
750
00:31:30,154 --> 00:31:32,460
Whatever I needed,
he'd pay for everything.
751
00:31:32,504 --> 00:31:34,114
And he did.
752
00:31:34,158 --> 00:31:36,551
He just...
didn't want me to call the cops.
753
00:31:36,595 --> 00:31:40,164
And he really didn't want me
to call my insurance company.
754
00:31:40,207 --> 00:31:43,254
ASTRID:
So, it's your testimony
755
00:31:43,297 --> 00:31:46,779
that the Elmasrys were
fully aware that their sign--
756
00:31:46,822 --> 00:31:48,694
the structure-- was unsound.
757
00:31:48,737 --> 00:31:49,869
That it was a hazard.
758
00:31:49,913 --> 00:31:52,132
Objection.
Calls for speculation.
759
00:31:52,176 --> 00:31:53,220
Sustained.
760
00:31:53,264 --> 00:31:55,092
I'll withdraw the question.
761
00:31:55,135 --> 00:31:56,963
So, you did what you were told.
762
00:31:57,007 --> 00:31:59,705
You didn't notify
the authorities.
763
00:31:59,748 --> 00:32:01,620
You didn't call
your insurance company.
764
00:32:01,663 --> 00:32:03,883
I did not.
765
00:32:03,927 --> 00:32:06,364
And I can't help but wonder
if I had
766
00:32:06,407 --> 00:32:08,540
if the city
might not have gone over
767
00:32:08,583 --> 00:32:11,369
and inspected,
768
00:32:11,412 --> 00:32:14,198
made them reinforce that sign,
769
00:32:14,241 --> 00:32:17,853
then maybe that boy
might be walking today.
770
00:32:19,072 --> 00:32:21,161
ASTRID:
Thank you, Mr. Martin.
771
00:32:21,205 --> 00:32:24,121
I have no further questions
for this witness.
772
00:32:24,164 --> 00:32:25,992
What's the damage?
773
00:32:26,036 --> 00:32:28,908
I am afraid we are hanging on
by a single green thread.
774
00:32:33,565 --> 00:32:35,001
What are you...
what are you doing?
775
00:32:35,045 --> 00:32:36,872
What does it look like
I'm doing? I'm leaving.
776
00:32:36,916 --> 00:32:38,265
Where you going?
777
00:32:38,309 --> 00:32:40,006
Can it at least wait until
we break for the day?
778
00:32:40,050 --> 00:32:42,095
BENNY:
Nice to meet you, Mr. Martin.
779
00:32:42,139 --> 00:32:45,098
Thank you
for coming in today.
780
00:32:45,142 --> 00:32:46,447
[door opens]
781
00:32:46,491 --> 00:32:48,406
I still can't believe
she did it.
782
00:32:49,842 --> 00:32:51,800
And she didn't say
anything to you?
783
00:32:51,844 --> 00:32:54,064
Didn't explain herself to
you? Just got up and left?
784
00:32:54,107 --> 00:32:55,804
The minute
a bad fact came out,
785
00:32:55,848 --> 00:32:57,719
she grabbed her bag
and headed for the door.
786
00:32:57,763 --> 00:33:00,896
Well, do you want to
call her, or should I?
787
00:33:00,940 --> 00:33:03,638
I've been calling
every ten minutes. [elevator bell chimes]
788
00:33:08,556 --> 00:33:09,818
Something we said?
789
00:33:16,608 --> 00:33:20,699
Immunity Insurance is no longer
your partner in this case.
790
00:33:20,742 --> 00:33:22,614
Excuse me?
791
00:33:22,657 --> 00:33:25,138
You brought
this case to us.
792
00:33:25,182 --> 00:33:26,835
We were misled.
793
00:33:26,879 --> 00:33:29,447
We were given
inaccurate information.
794
00:33:29,490 --> 00:33:31,840
What kind of
inaccurate information?
795
00:33:31,884 --> 00:33:33,581
Mr. and Mrs. Elmasry
796
00:33:33,625 --> 00:33:36,062
reapplied for their insurance
eight months ago.
797
00:33:36,106 --> 00:33:38,717
And at that time,
they were specifically asked
798
00:33:38,760 --> 00:33:42,068
if there had been any accidents
on the premises,
799
00:33:42,112 --> 00:33:44,070
and they said no.
800
00:33:44,114 --> 00:33:45,289
You can't be serious.
801
00:33:45,332 --> 00:33:46,681
As far as we're concerned,
802
00:33:46,725 --> 00:33:47,987
the Elmasrys committed fraud.
803
00:33:48,031 --> 00:33:50,207
They're lucky
we don't press criminal charges.
804
00:33:50,250 --> 00:33:51,512
Criminal charges?
805
00:33:51,556 --> 00:33:52,948
Their lack of honesty
806
00:33:52,992 --> 00:33:54,428
voids the policy,
807
00:33:54,472 --> 00:33:58,171
which means the insurer
has no obligation to pay a dime,
808
00:33:58,215 --> 00:34:01,305
which means that we are
withdrawing from the lawsuit.
809
00:34:01,348 --> 00:34:04,003
And that's it?
You find a loophole,
810
00:34:04,047 --> 00:34:06,484
a way of avoiding
paying out on the policy,
811
00:34:06,527 --> 00:34:09,400
and you just...
dump your client?
812
00:34:09,443 --> 00:34:11,489
Do you at least refund them
813
00:34:11,532 --> 00:34:13,099
their premium?
814
00:34:16,146 --> 00:34:18,061
[elevator doors open]
815
00:34:19,149 --> 00:34:20,498
If you get me your bill
816
00:34:20,541 --> 00:34:21,499
with the charges to date,
817
00:34:21,542 --> 00:34:23,283
I'll see
that it's paid promptly.
818
00:34:23,327 --> 00:34:26,156
Just curious.
Shall I say goodbye
819
00:34:26,199 --> 00:34:27,548
to the Elmasrys for you?
820
00:34:27,592 --> 00:34:29,507
[scoffs]
821
00:34:31,552 --> 00:34:33,772
I take that as a no.
822
00:34:40,083 --> 00:34:42,041
It's about as good
a closing argument
823
00:34:42,085 --> 00:34:43,477
as I've ever read.
824
00:34:43,521 --> 00:34:44,826
Thank you.
825
00:34:44,870 --> 00:34:46,524
I don't think it's gonna make
826
00:34:46,567 --> 00:34:48,656
a damn bit of difference.
827
00:34:48,700 --> 00:34:50,658
The other side has a boy
in a wheelchair,
828
00:34:50,702 --> 00:34:52,356
and that's gonna be tough
to beat.
829
00:34:52,399 --> 00:34:56,186
The Elmasrys are gonna lose
their shirts, aren't they?
830
00:34:56,229 --> 00:34:59,928
Jury's gonna hand down
some crazy judgment,
831
00:34:59,972 --> 00:35:01,974
and because they have
no insurance,
832
00:35:02,017 --> 00:35:04,803
the family's gonna be forced
to sell everything.
833
00:35:04,846 --> 00:35:06,805
Including the business.
834
00:35:06,848 --> 00:35:08,415
Looks that way.
835
00:35:08,459 --> 00:35:09,808
[knock at door]
836
00:35:09,851 --> 00:35:12,550
Everybody's ready.
837
00:35:12,593 --> 00:35:14,465
I know you guys are
trying to figure out
838
00:35:14,508 --> 00:35:16,597
whether to rest
your case or not.
839
00:35:16,641 --> 00:35:19,426
I'm just not sure I'm gonna
really be of any help.
840
00:35:19,470 --> 00:35:20,993
Um, I interviewed
841
00:35:21,036 --> 00:35:23,735
the other two kids
that were with James that night,
842
00:35:23,778 --> 00:35:25,389
effectively the
only two witnesses,
843
00:35:25,432 --> 00:35:27,869
and neither of them
have anything to say
844
00:35:27,913 --> 00:35:29,088
that's gonna matter.
845
00:35:29,132 --> 00:35:30,916
Yeah, well,
we assumed as much.
846
00:35:30,959 --> 00:35:32,483
CHUNK:
Although, there was
847
00:35:32,526 --> 00:35:34,833
this one thing that's
kind of weird, actually.
848
00:35:34,876 --> 00:35:37,575
Um, according to the
girl that was with them,
849
00:35:37,618 --> 00:35:39,142
Makayla Newton,
850
00:35:39,185 --> 00:35:41,970
James had never been to
that pizza parlor before.
851
00:35:42,014 --> 00:35:43,668
So when he testified
852
00:35:43,711 --> 00:35:45,104
that he had shown Amir
that selfie
853
00:35:45,148 --> 00:35:47,106
and Amir said
wasn't good enough,
854
00:35:47,150 --> 00:35:49,064
he essentially lied.
855
00:35:49,108 --> 00:35:50,892
So he perjured himself.
856
00:35:50,936 --> 00:35:52,416
Why?
857
00:35:52,459 --> 00:35:54,331
What did he have to gain?BULL:
Who knows?
858
00:35:54,374 --> 00:35:55,984
Maybe he was embarrassed
that his stunt
859
00:35:56,028 --> 00:35:58,596
ended up causing so much pain
to so many people.
860
00:35:58,639 --> 00:36:00,206
Maybe he didn't have the courage
861
00:36:00,250 --> 00:36:02,687
to tell his mother
he thought it up all by himself.
862
00:36:02,730 --> 00:36:04,602
Yeah.Whatever.
863
00:36:04,645 --> 00:36:07,300
I'm not gonna alienate the jury
by charging him with perjury,
864
00:36:07,344 --> 00:36:09,433
'cause we can't prove it,
anyway.
865
00:36:09,476 --> 00:36:12,262
Like I said, nothing
that matters.
866
00:36:12,305 --> 00:36:14,786
Anything from this side
of the table?
867
00:36:14,829 --> 00:36:16,222
All I can tell you
is the jury
868
00:36:16,266 --> 00:36:18,572
is itching to give
that boy a huge award.
869
00:36:18,616 --> 00:36:19,921
I think it's gonna make
870
00:36:19,965 --> 00:36:21,880
the original
$2 million settlement offer
871
00:36:21,923 --> 00:36:23,229
look like the deal
of the century.
872
00:36:23,273 --> 00:36:24,665
I second that.
873
00:36:24,709 --> 00:36:26,363
Taylor.
874
00:36:26,406 --> 00:36:29,453
Tell me you hacked into
Immunity Insurance e-mail
875
00:36:29,496 --> 00:36:32,804
and found a smoking gun
that will change everything.
876
00:36:32,847 --> 00:36:34,806
I hacked into Immunity
Insurance's e-mail
877
00:36:34,849 --> 00:36:36,677
and found a smoking gun,
something that just might
878
00:36:36,721 --> 00:36:38,331
change everything.Really?
879
00:36:38,375 --> 00:36:40,464
No. But what I did find
880
00:36:40,507 --> 00:36:42,770
is very disappointing
on a human level.
881
00:36:44,816 --> 00:36:47,297
Everyone at that insurance
company agreed with you guys.
882
00:36:47,340 --> 00:36:49,124
There must be dozens
of e-mails in there
883
00:36:49,168 --> 00:36:50,604
saying that the
$2 million number
884
00:36:50,648 --> 00:36:52,389
is a fair and
reasonable one
885
00:36:52,432 --> 00:36:54,086
and that Avery
should move on it.
886
00:36:54,129 --> 00:36:55,174
And?
887
00:36:55,218 --> 00:36:56,567
And Avery argued back
888
00:36:56,610 --> 00:36:58,351
that while it would be a
good offer for the plaintiff
889
00:36:58,395 --> 00:37:00,701
and would obviously have taken
the Elmasrys off the hook,
890
00:37:00,745 --> 00:37:03,008
it was bad for
Immunity Insurance.
891
00:37:03,051 --> 00:37:05,184
Would set a horrible
legal precedent
892
00:37:05,228 --> 00:37:07,665
and would only reinforce
the idea that people,
893
00:37:07,708 --> 00:37:11,016
especially young people who
indulge in risky behavior,
894
00:37:11,059 --> 00:37:14,019
can expect big cash payouts
if they have an accident.
895
00:37:14,062 --> 00:37:16,108
That they needed to draw
a line in the sand.
896
00:37:16,151 --> 00:37:17,979
That this was the
case to do it with.
897
00:37:18,023 --> 00:37:20,373
Well, I suppose
it's their right.
898
00:37:20,417 --> 00:37:23,071
Actually, I'm not sure it is.
899
00:37:23,115 --> 00:37:24,856
Benny, call down
to the courthouse,
900
00:37:24,899 --> 00:37:27,554
see if you can't postpone today.
901
00:37:27,598 --> 00:37:30,296
I want to call
another settlement meeting.
902
00:37:30,340 --> 00:37:32,429
Really? With who?
903
00:37:32,472 --> 00:37:35,127
With James and his mother
and the Elmasrys
904
00:37:35,170 --> 00:37:37,521
and Avery.MARISSA:
Avery?
905
00:37:37,564 --> 00:37:39,436
But she and her company
withdrew from the case.
906
00:37:39,479 --> 00:37:40,872
I know.
907
00:37:40,915 --> 00:37:43,440
Tell her I need her here.
908
00:37:43,483 --> 00:37:45,398
Uh, tell her
it's about the bill.
909
00:37:45,442 --> 00:37:47,182
I don't care.
Just get her over here.
910
00:37:47,226 --> 00:37:48,575
What time
were you thinking?
911
00:37:48,619 --> 00:37:50,751
I was thinking the others
should be here at 2:00.
912
00:37:50,795 --> 00:37:53,406
Have Avery be here at 1:00.
913
00:37:53,450 --> 00:37:55,930
[elevator bell chimes]
914
00:37:55,974 --> 00:37:58,019
Ms. Kress.Yes?
915
00:37:58,063 --> 00:38:01,109
Dr. Bull and Mr. Colón
are waiting for you.
916
00:38:04,243 --> 00:38:05,810
Dr. Bull.
917
00:38:05,853 --> 00:38:07,420
Mr. Colón.
918
00:38:07,464 --> 00:38:09,422
Am I on trial?
919
00:38:09,466 --> 00:38:11,729
Ms. Kress. Of course not.
920
00:38:11,772 --> 00:38:13,339
Well, what's so pressing?
921
00:38:13,383 --> 00:38:15,559
This can't really be
about your bill.
922
00:38:15,602 --> 00:38:19,084
Looks like you have every toy
that a lawyer
923
00:38:19,127 --> 00:38:21,478
or a trial scientist
could fit in here.
924
00:38:21,521 --> 00:38:23,044
No, we just wanted to invite you
925
00:38:23,088 --> 00:38:24,176
to a little
settlement conference
926
00:38:24,219 --> 00:38:25,612
we're putting together.
927
00:38:25,656 --> 00:38:28,963
Yeah. Your old clients
the Elmasrys will be there.
928
00:38:29,007 --> 00:38:31,270
So will the attorney
for James Donovan.
929
00:38:31,314 --> 00:38:32,750
We didn't want you
to feel left out.
930
00:38:33,881 --> 00:38:35,970
Huh. I-I'm confused.
931
00:38:36,014 --> 00:38:39,365
You know I withdrew
from this case.
932
00:38:39,409 --> 00:38:42,368
You know Immunity
no longer insures the Elmasrys.
933
00:38:42,412 --> 00:38:43,761
BULL:
We know.
934
00:38:43,804 --> 00:38:46,764
We just thought
you might want to reconsider.
935
00:38:46,807 --> 00:38:48,766
Really? Why?
936
00:38:48,809 --> 00:38:52,247
Oh, a little legal thing
called bad faith.
937
00:38:52,291 --> 00:38:55,512
Are you two accusing me
of something?
938
00:38:55,555 --> 00:38:57,383
We're offering you
a second chance.
939
00:38:57,427 --> 00:39:00,299
And those don't come around
very often,
940
00:39:00,343 --> 00:39:02,562
so let's review your options.
Option one.
941
00:39:02,606 --> 00:39:04,564
We continue with the trial,
942
00:39:04,608 --> 00:39:07,350
and the jury
finds in favor of James
943
00:39:07,393 --> 00:39:10,222
to the tune of maybe $8 million?
944
00:39:10,265 --> 00:39:11,789
And the Elmasrys
don't have $8 million.
945
00:39:11,832 --> 00:39:13,399
So then,
946
00:39:13,443 --> 00:39:16,315
with our help, they sue you.
947
00:39:17,403 --> 00:39:18,622
For?
948
00:39:18,665 --> 00:39:20,972
The aforementioned bad faith.Oh,
949
00:39:21,015 --> 00:39:23,148
did we forget to mention that...
950
00:39:23,191 --> 00:39:25,237
we've got a dozen e-mails here
951
00:39:25,280 --> 00:39:27,979
that say your company
was fully aware
952
00:39:28,022 --> 00:39:31,025
of the $2 million offer
that you originally gave
953
00:39:31,069 --> 00:39:32,113
and found it
completely reasonable.
954
00:39:32,157 --> 00:39:34,115
Better than reasonable,
955
00:39:34,159 --> 00:39:36,553
considering it is
an insurance company
956
00:39:36,596 --> 00:39:40,731
going up against a teenager
in a wheelchair.
957
00:39:40,774 --> 00:39:42,907
But you turned it down.
958
00:39:42,950 --> 00:39:44,822
Not because
you were trying to do
959
00:39:44,865 --> 00:39:46,258
what's best for the Elmasrys
960
00:39:46,301 --> 00:39:48,434
but because your company
was trying to prove a point.
961
00:39:48,478 --> 00:39:50,828
A point you apparently
were willing to make
962
00:39:50,871 --> 00:39:52,177
at your client's expense,
963
00:39:52,220 --> 00:39:54,919
which is not the way
it's supposed to be done.
964
00:39:54,962 --> 00:39:56,616
Isn't it?
965
00:39:56,660 --> 00:39:58,270
You know as well as I do
966
00:39:58,313 --> 00:40:00,315
insurance companies aren't
in the business of paying out
967
00:40:00,359 --> 00:40:02,230
just so everyone can feel good.
968
00:40:02,274 --> 00:40:05,146
That boy was old enough
to understand his actions.
969
00:40:05,190 --> 00:40:07,888
We were perfectly
within our rights to litigate.
970
00:40:07,932 --> 00:40:09,063
But you did not litigate.
971
00:40:09,107 --> 00:40:11,196
You walked out halfway through.
972
00:40:11,239 --> 00:40:13,459
The Elmasrys lied.
973
00:40:13,503 --> 00:40:16,897
The Elmasrys tried to save you
and themselves some money
974
00:40:16,941 --> 00:40:18,899
because they knew
if they filed a claim,
975
00:40:18,943 --> 00:40:20,684
you would raise their rates.
976
00:40:21,815 --> 00:40:22,773
And we would have.
977
00:40:22,816 --> 00:40:24,078
And you know
978
00:40:24,122 --> 00:40:26,820
damn well if you voided
every policy you sold
979
00:40:26,864 --> 00:40:29,823
because the insured
failed to file a claim,
980
00:40:29,867 --> 00:40:32,086
you'd have virtually
no customers.
981
00:40:32,130 --> 00:40:34,088
BULL:
You got into this trial
982
00:40:34,132 --> 00:40:36,003
and quickly realized
what I told you is true.
983
00:40:36,047 --> 00:40:38,658
It is almost impossible to win
984
00:40:38,702 --> 00:40:42,009
against a minor in a wheelchair,
no matter how he got there.
985
00:40:42,053 --> 00:40:44,359
And so you started looking
for a loophole,
986
00:40:44,403 --> 00:40:47,145
any loophole,
that would let you walk away.
987
00:40:47,188 --> 00:40:49,452
You acted in bad faith.
988
00:40:49,495 --> 00:40:52,237
You weren't looking out for
the people you agreed to insure.
989
00:40:52,280 --> 00:40:55,283
You were looking out
for yourself and your company.
990
00:40:55,327 --> 00:40:57,764
BULL:
And New York state law
is very clear.
991
00:40:57,808 --> 00:40:59,636
If Immunity Insurance acted
in bad faith,
992
00:40:59,679 --> 00:41:01,072
they are on the hook
993
00:41:01,115 --> 00:41:03,596
for whatever number
the jury comes up with.
994
00:41:03,640 --> 00:41:05,424
And I got to tell you,
995
00:41:05,468 --> 00:41:07,687
they're gonna come up
with a whopper.
996
00:41:09,515 --> 00:41:11,299
Which brings us
to your other option.
997
00:41:12,866 --> 00:41:14,041
Why don't you come upstairs
with us
998
00:41:14,085 --> 00:41:15,652
before the jury comes back
with a verdict?
999
00:41:15,695 --> 00:41:17,654
Give that boy $4 million,
1000
00:41:17,697 --> 00:41:20,308
$2 million more
than the original offer,
1001
00:41:20,352 --> 00:41:23,007
and let the Elmasrys
keep their business,
1002
00:41:23,050 --> 00:41:24,530
and we can just...
1003
00:41:24,574 --> 00:41:26,445
make this whole thing go away.
1004
00:41:27,577 --> 00:41:29,100
You know, Bull,
1005
00:41:29,143 --> 00:41:32,886
if we sue Immunity
on behalf of the Elmasrys,
1006
00:41:32,930 --> 00:41:35,236
I'm betting discovery
would come up
1007
00:41:35,280 --> 00:41:37,325
with a whole lot more
interesting e-mails.
1008
00:41:37,369 --> 00:41:39,327
BULL:
Hmm. Benny.
1009
00:41:39,371 --> 00:41:41,634
You just might be
onto something.
1010
00:41:42,766 --> 00:41:46,117
If you're right about the jury,
1011
00:41:46,160 --> 00:41:47,988
if you're really convinced
1012
00:41:48,032 --> 00:41:50,251
that they're going to ask
for $8 million,
1013
00:41:50,295 --> 00:41:53,777
why would the plaintiff
settle for $4 million?
1014
00:41:53,820 --> 00:41:55,082
Well, it turns out
1015
00:41:55,126 --> 00:41:57,128
he wasn't completely truthful
on the stand,
1016
00:41:57,171 --> 00:42:00,261
and once I tell his attorney
we're gonna go and talk
1017
00:42:00,305 --> 00:42:03,656
to the judge about it, I think
she's gonna settle right away.
1018
00:42:03,700 --> 00:42:05,658
Shall we head up?
1019
00:42:05,702 --> 00:42:07,834
Let's.
1020
00:42:07,878 --> 00:42:09,270
BENNY:
Hey!
1021
00:42:09,314 --> 00:42:10,445
Anybody else hungry?
1022
00:42:10,489 --> 00:42:12,622
Anybody else feel like pizza?
1023
00:42:14,449 --> 00:42:18,105
Maybe we can get the Elmasrys
to bring a pie over with them.
1024
00:42:18,149 --> 00:42:19,716
Is it really that good?
1025
00:42:19,759 --> 00:42:21,718
Oh, I hear it's great.
1026
00:42:21,761 --> 00:42:23,067
Call them.
1027
00:42:23,110 --> 00:42:25,112
You're kind of pushy,
you know that?
1028
00:42:25,156 --> 00:42:27,288
Hey. You don't have to like her.
1029
00:42:27,332 --> 00:42:30,204
You just have to defend her.
1030
00:42:30,248 --> 00:42:33,251
Captioning sponsored by
CBS
1031
00:42:44,828 --> 00:42:47,744
Captioned by
Media Access Group at WGBH
access.wgbh.org
75455
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