Original subtitles

[man in Spanish] People die every day in this community.

Western Nicaragua

is threatened

by the shadow of death by pesticides�

�to increase profit,

and increase production,

without considering the people who live here.

Tons of pesticides were spread on banana plantations.

We know they're a source of work,

but at the same time, they are a source of slow death,

of slow death.

[guitar music playing]

[man in Spanish] My father was a hard-working man.

He liked making an honest living from growing bananas.

He fought for compensation for the victims of Nemagon.

And he always spoke of colleagues who died because of its side effects.

My father never lost hope.

[dramatic instrumental music playing]

[upbeat song in Spanish playing]

[busy city noises]

[trumpet playing]

ACCIDENTS: THE BEST LAWYER

[phone rings]

[phone rings]

[woman] Good morning, the office of Juan Jose Dominguez.

Is it a workers' comp case or a personal injury?

Car accident.

Okay.

[man] Hello, William.

How are you? I'm Juan Dominguez. I'm the attorney.

-Is this your sister? -Yeah, that's my sister.

Pleased to meet you.

William, I understand you were hit by an ambulance.

Yeah, I was.

And the ambulance didn't have their sirens on.

Didn't have their sirens on, didn't have their lights on.

And I was knocked out.

-You were alone in the car? -Yeah, I was alone in my car.

-Did you wake up at the hospital? -I woke up at the hospital.

Mm-hm.

[Juan] I do not like when other people are exploited.

I've never liked it since I was a little kid.

I've never liked the big guy picking on the little guy.

And I went to become a lawyer,

because I wanted to represent people that needed help.

We need some doctors to evaluate you, we need to revalidate the records

and make sure that you're not cheated from this case

because some doctor misdiagnosed you, or under-diagnosed you.

[TV announcer in Spanish] Attorney Juan Dominguez has already secured

more than 100 million dollars for his clients.

And won the award for best lawyer for three consecutive years.

[in Spanish] I won 4.5 million thanks to him.

[in Spanish] Hi, I'm Juan Dominguez, your lawyer for serious accidents.

If we don't win, we won't charge you.

That's what's fair.

[TV announcer] Juan Dominguez is just and necessary.

Call: 1 (800) 818-1818.

[sirens sounding]

[Juan] I've been a personal injury lawyer

taking on, mostly, disadvantaged clients

that could never afford a lawyer in their lives.

We take the cases on a contingency basis. If I don't win, I don't get paid.

[sirens sounding]

I started advertising the day that I opened my law office.

Basically from day one.

I started in a suite for 400 dollars

had a common receptionist, common waiting room.

And worked my way up from there.

About five years ago, I saw this CNN report from Chinandega,

investigating this pesticide, dibromo chloropropane, DBCP.

I decided to come down on an exploratory mission.

[soft instrumental music playing]

To me, personally, this will be the biggest thing I've ever handled.

[soft instrumental music playing]

[guitar music playing]

[Juan in Spanish] Tell me about this pump.

[man in Spanish] It's an irrigation pump.

It sends the Nemagon to the irrigation razers.

Are the razers in the field?

Yes, the razers are on towers.

The sprinklers sprayed water and Nemagon.

-Both? -Yes, both.

[guitar music playing]

[man in Spanish] Approximately 500 to 600 people worked here.

Here were the dorms.

They said they were cold because they were watering

as the plantation ended there.

The sprayed water came in and they were fine.

And the workers who slept here were sprayed?

And the ceiling was broken, so it poured in.

[Juan] We were able to meet with banana workers, union leaders, local attorneys.

They basically came to my hotel to seek me out, because the word got out really fast

throughout the whole province

that someone was here from the United States that spoke Spanish

and was actually Latin,

and is actually a United States lawyer,

and had a decent crew of amiable

humanitarian-type workers with him,

that were also Latin,

and spoke Spanish.

It just seemed like we had the calling to get involved.

I have never experienced something like that in my life.

[in Spanish] What plantation did you work on?

-Candelaria. -Candelaria.

-Did you sleep there? -Yes.

Were you cutting or bagging at the plantation?

-What sort of�? -I used a machete.

And when you cut them,

did liquid drop on your head and clothes?

Yes, the poison fell on me, because the irrigation aerial.

-Yes, with the sprinklers. -Yes. The liquid sticks to the leaves.

-When it's sprinkled, it drips on us. -It all falls on you.

-Did the Fumazone fall on your body? -Exactly.

[Juan] There are over 10,000 Nicaraguan banana workers

claiming that they have been harmed by DBCP,

known worldwide under the names Nemagon and Fumazone.

[in Spanish] Here is the irrigation system, the cannon.

The San Pablo plantation.

It's San Pablo because there's--

-It's San Pablo. -The irrigation sprays over the camp.

-San Pablo. -San Pablo.

-Mercedes Candelaria. -Mercedes Candelaria.

These are small families who lived inside the farm.

Are these poles?

This is a barrel of Nemagon and Fumazone.

There is a barrel of Fumazone.

-And there's half of one, yes. -There's another one there.

-There's another one there. -Fumazone.

-Dow. -Dow.

Fumazone in a kitchen.

[Juan] The DBCP was produced by the Dow Chemical Company.

Early on, it was known to cause severe side effects.

Cancers, kidney, and other grave health problems.

In the '70s, it was banned in the US for causing sterility.

But Standard Fruit, now the Dole Food Company,

kept using it in the banana plantations around the world.

Now, 35 years later, we find that banana workers are sterile.

[in Spanish] Do you know how to read and write?

-You can't read or write? -No. Barely.

-Do you speak another language? -I can barely write.

-Do you have a phone number? -No.

You don't have one.

-How many children do you have? -None.

You don't have children? Did you ever have kids?

-You've had a wife right? What happened? -Yes.

I was young in 1971�

�and I saw this girl.

I was brought up in a very religious environment.

I saw this girl in 1971�

�and in the last months of the year--

-Did you have children with her? -No.

We got engaged

in late 1971.

In other words, she became my wife.

I sealed the commitment and then I moved here.

That's when I came here.

And I worked from 1971 to 1974.

[Juan] You know, in this case, you've got real poor people,

disadvantaged,

very poorly educated, against corporations that are very powerful,

wealthy, knowledgeable.

And the odds are really against these clients.

[man] Please empty your pockets. The one on the shirt too.

NO SMOKING

-I don't have anything else. -You don't have anything else?

Here is the collector pot.

-You know what to do, right? -Yes.

Then let me know. I'll be right next door.

-Okay. -Even if I don't succeed.

PRIVATE DO NOT ENTER

We just got the result

from the test we send to the lab.

It turns out that you have a disease called oligospermia.

So, you are somewhat infertile.

Is that it?

It's practically impossible for you to have children.

[dramatic instrumental music playing]

[Juan] I'm interviewing one group

of claimants.

And during the interviews,

it became clear�

�that, as of today,

they don't know that this chemical�

�is the reason why

they have gone from woman to woman�

�to woman to woman�

�and haven't had children.

Some victims believe�

�that their wives had betrayed them.

But I say, "Let me correct you on this.

You wife didn't cheat on you.

The pesticide betrayed you."

To date, the corporations refused to assume responsibility.

They hide the dangers of these chemicals�

�for financial gain.

Predatory capitalism.

The truth is,

these actions�

�are horrible.

Unforgivable.

I won't move away from this great injustice

committed by this massive corporation.

I am proud to fight for you.

-United? -[audience] We will win!

-Indeed. -[audience applauding]

And we will win in your own country,

with your own judges, with your own lawyers,

with your own jury, and your own law.

Because United�

We will win! We will win!

I've been dialing, calling the cell phones.

I've been calling the landlines.

I've been calling Roberto Tercero.

I've tried IM, I used the VoIP�

I can't get a hold of absolutely nobody.

Get me a hold of somebody in Nicaragua

that I can talk to, so I can get things done.

Thank you.

It's been five and half years I've been involved in this project.

And I've spent a lot of money.

No law firm has had success in trying a case

um, in the United States.

We're the first.

I need 47.

I need 47, please.

[woman] I just set it on the couch right there.

Okay.

Do you want individual copies or do you want the binder?

Individual copies, stapled, post-it that says the exhibit number.

[Juan] Duane is the best lawyer I've ever known.

Hands down, he's a lawyers' lawyer.

He defends municipalities, city governments

against corporations

that have polluted underground water,

drinking water for citizens.

He handles opposition that's just monumental.

I know I was against some of the biggest multinational corporations

in the world, not just in the United States.

So, I partnered with the best I could partner with, and that's Duane Miller.

[phone rings in background]

[Duane] We're in a position, as lawyers,

to bring pressure on the defendants to settle the claims.

And without lawyers' involvement,

I don't see any way Dole would ever pay any meaningful money.

They certainly haven't in the past couple of decades.

So�

By holding corporations accountable, ultimately, we make them responsible.

That was a great pitch on the, um�

-Wait till you hear the next one. -It came through really good.

It's gonna be a long week.

[elevator dings]

[guitar music playing]

[Juan] We're tackling two giants

that are basically throwing all their weight

against, basically, two small law firms.

[cars honking]

So, it's going to be at a high, high cost

in the context of putting all our finances

and resources and employees,

and you name it, to bear.

And they're thumping at us as hard as they can.

And they're big, and they can thump.

And we can thump back.

But they have basically unlimited resources and money.

[guitar music playing]

[judge] Back in the matter of Tellez vs. Dole.

Be seated.

312852.

The records should reflect that we now have all 12 jurors present.

Duane Miller is present for plaintiffs.

Rick McKnight�

James Teader, Erin DeBurgh, and Michael Carter

are here for Dole.

I've talked to you during the jury selection process.

Many of you said,

because you have prior experience in other cases,

you said, "I want to decide based on evidence,

I want to decide based on facts."

And I asked one of you:

"Do you think people have the right to defend their honest beliefs?"

And you said, "Oh, sure!"

And the rest of you said, "Yes, we agree with that."

You were chosen�

[Juan] Dole has hired Rick McKnight

as their lead trial lawyer.

One of the most successful and well-paid defense attorneys in the country.

Defendants don't have the burden of proof,

of showing no causation.

Plaintiffs have the burden of proof

to show that they were exposed to DBCP,

and it caused their injury.

It's the plaintiff's burden.

And they're accusing my clients

and the people that worked at Standard Fruit,

of bad conduct and disbelieving

their firm convictions about the safe handling

and appropriate use of this chemical.

[clerk] Sir, please state and spell your name and last name for the record.

David DeLorenzo, D-A-V-I-D D-E-L-O-R-E-N-Z-O.

[clerk] Thank you.

[McKnight] Mr. DeLorenzo, I want to ask you some questions about your background

and a little bit about the background of the Dole companies.

How did you get interested in agriculture?

I've always had some sort of interest.

My dad was a farmer back on the East Coast.

So, I've got a background in farming.

Why were you moving to Nicaragua?

Well, a position was offered to me, basically.

It was a new division and the company knew I wanted to

uh, move to Latin America.

How did you find the people in Nicaragua when you arrived?

They are great. The Nicaraguans

have the reputation of being the friendliest people in Central America

and they are wonderful people, very good, hard workers,

and very friendly people.

I understand you met one special person there.

Yes, I was married in Nicaragua.

When did you meet Mrs. DeLorenzo?

The first night I was there.

-I was� [laughs] -[everyone laughing]

We don't want to know any more.

This is the end product of what we produce basically all over the world.

[judge] Just make sure, if they're real bananas, they go home with you.

[laughing]

They are packed on the trucks in boxes like this.

[Duane] You said Standard Fruit had been operating in Latin America for�

For over a hundred years, yes.

Why were they just now going into Nicaragua?

Well, the�

We were invited by the Nicaraguan government to start with,

to see if we would invest there.

The type of operations we do are pretty desirable for the countries

because, unlike most big multinationals, we don't work in the capital cities.

We're working out in the rural countryside, which is--

where there's usually less employment.

So the history has been, in every place we are really,

is that we become an impetus for growth.

And so we bring infrastructure, we bring a lot of better practices with us

in healthcare, schools, that type of thing.

[old film music playing]

[man on TV in Spanish] In Chinandega, the champion of agricultural progress,

General Anastasio Somoza sees the magnificent results obtained

by modern systems for banana farming implemented by the Standard Fruit Company.

One of its main strongholds is banana farming,

which is being transformed by improving its systems.

There.

[film continues to play]

[water sounds]

-More puddles. -[in Spanish] More puddles.

[in Spanish] That kept dripping on the ground.

And it kept dripping and dripping�

[man in Spanish] This is cable number 1 in Elisa.

The bananas come down the cable and he pulls it.

He's barefoot because he can't pull otherwise.

He takes his boots off to walk on his feet.

That's what it looks like after irrigation?

[in Spanish] Yes, this is normal.

After the Fumazone is sprayed, there are puddles.

[judge] The clock is ticking.

[Duane] Mr. DeLorenzo, what is your current position with Dole?

I am President and Chief Operating Officer of Dole.

Are you also associated with the Board of Directors?

Yes, I'm on the Board of Directors.

What is your position on the Board of Directors?

I'm just a board member.

In the past, have you been Vice Chair of the Board?

Yes, I have.

So, you've held some of the highest positions there are in the company?

Yes, I have.

-And you do today? -Yes, I do.

[Duane] I've been trying cases for more than 30 years

as a lawyer, and this is the first time I've had the President

and Chief Executive Officer

of a significant corporation on the stand,

testifying live in front of a jury.

Just doesn't happen very often.

[Duane] Mr. DeLorenzo, as the manager of the Nicaraguan division,

did you know what amount of DBCP

that was considered dangerous by the government?

I probably maybe knew the statistics.

I may not have recalled them, but basically,

what we were told is, if you could smell it,

there was a dangerous level and you didn't want to be

spending any time in a plantation when you could smell it.

[Duane] It's also unusual that that particular person

was involved in supervising the workers in Nicaragua that were injured.

So we had all these problems in Nicaragua

and, despite them, he was promoted.

[Duane] Did you have a medical toxicologist

that was employed by your firm at the time?

No, I don't believe we did.

We rely on the manufacturers

who do work with the government in these issues.

They're specialists in this.

Were you aware of the fact

that the government of the United States took the position

that any contact of DBCP with human skin

could cause sperm damage?

Yes, certainly after 1977, we did, yes.

So, did you start

a program to launder workers' clothing that was contaminated with DBCP?

I don't think we started a program to launder workers' clothing.

We did not believe, and do not believe today, that workers

were contaminated with DBCP,

because we did not believe that there was any DBCP in the farms

that could contaminate them.

Did it all disappear?

Yes. It all gets drenched into the soil, or it evaporates.

Mr. DeLorenzo, you got a report

that ten out of ten workers

checked in Costa Rica were sterile.

And when you got that report in 1978,

the Nicaraguan division

continued to use DBCP, unchanged, in 1978,

1979 and 1980, correct?

That's correct, we continued using DBCP in both Honduras and Nicaragua

following the Costa Rican incident. And for I think very good reasons.

As our people went out and talked to people,

talked to the doctors, teachers and workers�

�I recall no report back that we had infertility in any place.

That's what gave us a great deal of comfort about using the chemical.

[Juan] Exactly, it's the hammer that causes the settlement.

You know, the reality is that this case needs to be tried all the way,

because thousands of people are waiting

for this to be the bellwether case,

to be the model, so things go all the way,

and everyone knows how the other ones are going to go.

[laughs]

That's good, man.

We look at this as a bellwether case, because�

the plaintiffs in this case are 12 chaperos,

which means machete wielders. They wielded a machete.

They're not the people necessarily that stay the longest in the plantation.

They're not the people that irrigate this chemical,

which means that they have the least exposure to this chemical.

So, if the jury finds that they are sterilized by this chemical,

what does that mean for the other ones that were there longer?

That slept there? That actually applied the chemical and handled the chemical.

[Duane] Could you please play the video?

[judge] Lights off. We're going to need the lights off, please.

It will be marked as Court Exhibit 19.

Any objection to that video being included as evidence?

-No, Your Honor. None other than as-- -[judge] Okay.

[Duane] We had hours, and hours, and hours of hearings,

fighting over what portion of that film would be shown to the jury.

They didn't like the shots that showed men

walking without shoes,

barefoot men walking through banana plantations.

They didn't like the shots that show

humans being used as beasts of burden to pull bananas on a cable.

They didn't like the amount of water that is used, the puddles,

the muddy conditions,

which involves a greater potential for exposure to pesticides.

Because if the chemicals don't go into the ground,

they're above the ground, where human beings are.

[Duane] What job did you have when you were working?

[in Spanish] Making pits for planting.

Making holes for the planting.

[in Spanish] I also pruned,

cutting the leaves�

�and placing them on the ground.

Would that cause you to come into contact with the banana plant?

Yes, because it's like a stick

with a knife tied to the tip.

We used to cut the leaves and place them.

-Would your clothing get wet? -Yes.

-Why? -[interpreter] Why?

Because�

Because the plantation was wet, and when we got in,

we'd go like this, and the plantation was wet.

[dramatic instrumental music playing]

[Duane] During the time that you were working in Candelaria,

were you ever told stay out of an area that had been treated with chemicals?

-No. -[interpreter] No.

Were you ever told to leave an area

if you could smell the odor of DBCP?

-No. -[interpreter] No.

Did you have any information at all�

�that there was a chemical at work that could affect your fertility

during the time you were working there?

-No. -[interpreter speaks Spanish]

[in Spanish] They never told me anything.

[interpreter] They never told us anything about that.

I worked where I was told.

-Would your clothes get wet? -Yes. It fell from above, on our clothes.

What would come down?

[interpreter] What came down on your clothes?

And when we cut, it fell on our clothes.

[interpreter] When they fumigated, the water would fall on our clothes.

Also, when we were loading the bananas onto our shoulders,

the water would fall on us as well.

[Duane] Did your employer ever give you clothing to wear there?

-No. -[interpreter] No.

Did they ever give you any clothing that was supposed to keep chemicals

away from your body?

-No. -[interpreter] No.

No. My clothes dried on my body.

I kept my clothes on until I got home and changed.

We only took it off to sleep,

and then we'd wear the same again.

Did you ever notice an unusual odor?

-Yes, of course, I felt it. -[interpreter] Yes, of course.

[Duane] Did anyone ever tell you that if you could smell that chemical,

you were breathing too much of it that it could hurt you?

-No. -[interpreter] No.

No, no.

[man on radio in Spanish] We have Dr. Juan Jose Dominguez

on the line in the monthly program

with information for the Nemagon victims.

Radio Caribe is broadcasting our signal.

Good afternoon, Dr. Dominguez.

[in Spanish] Good afternoon to all listeners in Nicaragua and the victims.

The first case with the Nicaraguan victims

began in the United States, in the Los Angeles Court,

on July 19th, with the initial depositions for the jury.

Many journalists from the United States

and worldwide were there.

As of today, we have very promising results.

We're ready to fight, our war room is ready at our law firm.

[radio continues inaudibly]

[woman in Spanish] I did not know that my husband had died.

I was in Managua, getting my treatment.

Two days after his death, I returned home.

I was very sad because I didn't see him.

I was appalled when I noticed the flowers,

and I lost my mind as I walked through the door.

We had lived together for 36 years.

[dramatic instrumental music playing]

I met him at work.

He was my boss.

He told us to be here or there.

He'd say, "You'll do this, work here."

We got together when I was 17.

[dramatic instrumental music playing]

In my first pregnancy, my girl was severely underweight.

They told me that she wouldn't survive. And that's what happened.

She died 42 days later.

I miscarried the other baby at six months. They pulled him out.

The doctor said that if I wanted to have a healthy baby,

I had to stop working

when I got pregnant again.

I listened and I had Byron�

�who was born healthy, thank God.

[Byron in Spanish] As there was no one to take care of us,

our parents took us to the plantation.

We watched them work.

He'd say, "This work is tough,

I work hard to send you to school so you get an education,

so that you won't end up here, because this is rough."

He'd say we were getting into a minefield,

because it's very dangerous here.

He'd say that what they irrigated, all these pesticides,

we absorb it all.

And pesticides were made for plants, not people.

He'd tell us when we were kids: "If you eat them, you will die.

But I have to stay, to support you and bring food to the table."

[inaudible speaking in Spanish on radio]

[Juan in Spanish] We hope the verdict comes out by mid-September.

Of course, we will continue to share news with you,

especially regarding the results of this wonderful case.

It's a pleasure to be with you again this month

and to continue sharing the information, as you deserve.

[Duane] Mr. DeLorenzo, I�d like to show you

Exhibit 6 for identification.

This is a document on the Dow Chemical Company letterhead,

dated August 24, 1977, by Mr. Hall,

Product Sales Manager at Dow, to customers.

"On August 11, 1977,

"Dow suspended sales and production of FUMAZONE.

We took this action, as a result of preliminary evidence

indicating the compound may cause sterility.

Present testing indicates some Dow Fumazone production workers

in our Magnolia, Arkansas, plant are currently sterile.

We urge that all Fumazone products

be returned to Dow."

-Do you see that, sir? -Yes, I do.

Now when your firm received this in 1977,

you didn't return�

�the DBCP that was in your inventory. Did you?

No, we did not.

-You kept it and you later used it. -That's correct.

Even though Dow was recommending that you returned it to them.

In this letter they were, yes.

Did it occur to you, Mr. DeLorenzo

that maybe it would be best not to use DBCP

until you were sure that your workers wouldn't be affected

instead of waiting for the evidence to pile up?

[DeLorenzo] Yes, I think it did occur to us.

I think there was a big debate within the company.

And a study within the company as to whether it was safe to proceed.

Well, the debate in the company didn't last very long, did it?

Because within days of Dow

suspending sales of DBCP,

your firm was writing to Dow demanding more product, correct?

Yes, we told them that we'd like to continue using it.

You didn't just say you'd like to,

you told them that they were in breach of contract.

-Correct? -That's correct.

We told them that we expected them to continue delivering to us.

Now, did you have enough information at that point in time

a couple of days after they said they were suspending the sale of DBCP,

to confidently make a decision

that what you were doing wouldn't hurt anybody.

Um, the company believed it had enough information, I presume, yes.

At least to go on with the purchase.

Your Honor, Exhibit 9 for identification.

It's dated September 26th, 1977,

it's on Standard Fruit Company letterhead.

"Standard Fruit Company agrees to indemnify

and hold Dow harmless

from any claim by a third party for injury�

�or loss against Dow

resulting from the continued use of the DBCP product."

-Do you see that? -Yes, I do.

-You were aware of it? -Yes, I was.

If there were no problems,

there wouldn't be any need for this particular provision,

would there?

[traffic noise]

[Juan] Los Angeles for me is home.

It's where I grew up.

One of the things I like about Los Angeles is that it's a very multicultural,

multi-ethnic society, which I think is very good.

If you go to the big law firms, there was an article that just came out

in the Los Angeles Times newspaper

that shows that there's a huge disproportionate number

of lawyers, members of big law firms

that are Anglo-American. There are hardly no minorities.

But, uh�

�if you are in a fight, a David vs. Goliath type of fight

and you don't like being David, this is not for you.

[man in Spanish on TV]

[Juan] When I came to grammar school here from Cuba,

I was one of the very few kids that spoke Spanish.

They'd come and pull me out of classrooms.

"Can we have little Juan Dominguez over here?"

They'd take me to the Principal's office and I'd translate for moms

and kids and others that were matriculating into the school system

or had disciplinary problems, or whatever.

This picture here, is when we got here, to the United States.

I was 10 years old.

And when I left Cuba,

it took about three days to go from house to house

visiting relatives and friends of my parents.

Saying goodbye to my cousins and my family,

all around the island, all the way until I got, we got to

Varadero that evening. A plane took us to Miami.

As soon as I got out of the plane in Miami,

I got on my knees and kissed the ground.

At 10 years old, I knew that I was happy to get out.

[car engine revving]

[upbeat salsa music in Spanish playing]

[upbeat salsa music in Spanish playing]

[Juan] I drove the black one first.

Black is more incognito. Does not cause much attention.

Then the Cuban in me came out, and said,

"I gotta go loud, I gotta get red."

[laughs] I got to be all out there, man. If it's gonna have a loud motor

and be a Ferrari, it's got to be red.

It'd be a crime to spend that much money and not get the red one.

[car revving]

[upbeat salsa music in Spanish playing]

[Juan in Spanish] Always tell the truth. It's important to tell the truth.

If you don't remember an event that happened 35 years ago,

we're all human.

If you don't remember, just say that you don't remember.

The interpreter will be with you at my office

to go over your previous testimony.

You can share with us, your lawyers, any anxiety you feel, or any questions.

I'm telling you this so that you understand

that if you feel anxious, they can help you relax.

[in Spanish] We are under a lot of pressure.

Because this is important for our colleagues in Nicaragua.

And all the workers, we have to carry on.

We feel pressure regarding what we have to do.

What we'll do. Many people know that we're here.

And what we're doing. We're fighting for them and for ourselves too.

I don't want you to think about that.

That will only make you feel stressed.

It's best if you think that you are you.

-Just me. -Yes.

And you're here to say what you know.

If you don't know, you won't answer.

Just share the information that you have.

Your knowledge. We will be asking the questions.

Just answer the truth, and that's all.

-We have to get the ball rolling. -Exactly, the ball rolling.

The ball rolls with your presence.

-Your presence, and a smile on your face. -Exactly.

Because in terms of compassion, Nicaraguans are with the Americans.

-You win at compassion. Okay? -Thank you very much!

If the jury perceives that compassion,

they'll love you.

[judge] This is Mr. Ruedes, right?

No, Your Honor, this is Mr. Morales Mendoza.

-Mr. Morales Mendoza. -One of the plaintiffs in this case.

Before you got married to your wife�

[interpreter speaks Spanish]

�did the two of you talk

about whether you wanted to have children?

-Yes. -[interpreter] Yes.

Did she want to have children?

- Yes. - [interpreter] Yes.

-Did you? -[interpreter] I did too, yes.

Did you ever talk about the number of children that you would like to have?

[interpreter speaks Spanish]

Yes, we wanted to have about four children.

When you learned that you were sterile,

how did that make you feel?

[sniffles]

[interpreter in Spanish] If you need a tissue, I have some.

-There are some here too. -Thank you.

[man] I feel very overwhelmed,

sad, because I haven't had someone

who loves me, and that I love too.

Someone to look after me in my old age.

I have no one.

Sometimes I cry at night, in my ranch.

Why do you cry?

Because I realize that I'm alone. I live alone, I am alone.

In my house, there are ten siblings.

In my circumstance, for instance, there are ten siblings.

We always gathered with our parents.

And I don't have that heritage,

I can't meet with my children, like my father did.

Were you the oldest, youngest?

[interpreter speaks Spanish]

I'm the eldest.

That's all I have, Your Honor.

[McKnight] Sir, let's go to a different topic.

Let's talk about your work on the banana farm.

You never applied DBCP, correct?

No.

Sir, did you ever smell anything when the plants were wet?

Yes.

Sir, isn't it true that you never smelled anything when the plants were wet?

[interpreter] Did you smell anything when the plants were wet?

What?

Can we go to page 113, lines 5 to 7 of the deposition?

Did you smell anything when the plants were wet?

Did you smell anything when the plants were wet?

No.

No.

That was your testimony, in a deposition you gave, under oath, in this case.

Correct?

Yes.

You're not changing that testimony now, are you?

Sir, are you trying to change your testimony now?

No.

In your deposition, you testified, in response to a question from me,

that you did try to have children.

I'm not too sure.

I have memory problems.

Do you recall, sir, that there were two women

who claimed that you were the father of their children?

I don't remember.

Didn't you get Odesta Flores pregnant, sir?

And didn't the baby die?

She got pregnant, I had left her a long time before that.

[McKnight] Sir, you just had discussions with Mr. Miller,

and he inquired about your feelings when you were told that you were sterile.

Sir, I have some good news for you. Do you know that you are not sterile?

What?

-What did he say? -[interpreter] What's that?

-You are not sterile. No one told you? -No.

For more than 30 years, you drank a lot of alcohol.

So much so, that it made you sick.

I drank a lot!

When you were with Francisca, in 1984,

did you have problems with your erection?

Yes.

Had you ever noticed that your testicles were smaller than they used to be?

She testified that you had complications with your gender identity.

I'm a man.

Sir, do you understand

that you've given two different stories�

�under oath?

Do you understand that?

Excuse me?

-Can you explain that? -Yes.

You told one story here today

and a different story in your deposition,

with respect to your son, correct?

Yes.

Sir, you know you have a claim here, before this jury,

that you are sterile, and have always been sterile, correct?

You know that, right?

Yes, I couldn't stand it.

I love my son, as my son.

-[interpreter] I love my son as my son. -I couldn't stand it in my heart,

I couldn't say, "No, he's not my son."

So, I said: "Yes, he is my son."

I know he's not mine, but I do this.

That's the only son that I have.

So, I say he's my son, he's my son.

[interpreter] Here and anywhere, I'll say it.

[dramatic instrumental music playing]

[guitar music playing]

[Juan in Spanish] After 35 long years of fighting, we are entering a new phase

of battles and war regarding Nemagon.

We are fighting a monster again.

And this monster has strategies

to split the affected banana plantation workers,

recruiting dishonest leaders that aren't even lawyers,

to find a way to pay less.

As lawyers, it's our obligation to share this information.

So that you can arm yourselves and don't let them deceive you.

In Honduras, they've recently started paying

only 300 dollars to each affected worker.

Those of you listening to this program, listen to me, don't sign anything!

Don't accept such small amounts

like 1000 or 300 dollars to settle your case.

-A smile, please. -Fine, fine.

[in Spanish] As you know, we're setting up a second group,

which will be even stronger than the first.

I don't want multinational corporations to take advantage

of our customers, the affected workers, because you are uninformed.

So, keep them informed.

The doctor came from the United States

just to help 13 claimants,

or will you help all of the victims?

The goal is to reach an agreement for all of the affected workers,

and the strategy to settle all

is to hit the multinational corporations using small groups,

I see a day on which we will achieve a global agreement.

The only way to reach that day

is to keep the pressure

and to keep on winning cases against them.

[dramatic instrumental music playing]

[Juan in Spanish] Each time a worker who worked

at the banana plantation and was exposed to this chemical dies,

and there is scientific evidence that proves

that the cause was related to the use of this chemical,

it's another win for the Dole Food Company.

Each one that dies, is a victory.

It's a shame for justice, and for me too, on a personal level.

We decided to base our case on the infertility

and not on death, or cancer cases,

kidney failure, or birth defects.

Or testicular cancer or any other disease, although there's science supporting that.

The key scientific evidence is the science of infertility.

[dramatic instrumental music playing]

[Juan] This is bigger than just a case.

This is the very first time ever that

agricultural workers from a third world nation

are heard in the United States' court.

These big corporations never expected this to happen.

They thought they could get away with it, like they always have.

So, if we are successful in this case,

we will have created the precedent

for other workers to

sue in the United States and vindicate their rights.

If I can contribute something to the legal profession,

opening a door for future litigation regarding global commerce,

and people claiming their rights when they are exploited,

If I can contribute that to the law, I'd be very satisfied.

More so than leaving a statue or a building behind.

It should be August 18th, 1977.

[phone rings]

It's gotta be and I need it for argument.

Go to the notes for Claudio Gonzalez.

-Are you ready, Danielle? -I'm writing it.

[whispering indistinctly]

[ambulance sirens]

Let's see here.

Here we go.

[court footage] And you showed really extraordinary commitment.

And great attention.

You've really shown a lot of patient listening

through a very long period of time

and you've been great note takers.

And really demonstrated, I think, what is important to us all,

and that is really fundamental in our system of justice.

Now, if this was a car accident case

and the plaintiff said:

"Look, I was healthy before,

I had two good functioning legs, the car hit me, it broke my leg.

I'm injured." What's the cause of the broken leg?

You could say the cause of the broken leg was the car that hit it

Before I was fine, now I'm not.

Well here, you don't have

for some of these plaintiffs,

you don't have any evidence that they were fertile before.

You would think that if you're trying to pull together some plaintiffs,

to bring a case,

that you'd find one where at least you could prove

that he had some fertility beforehand.

And then went to the farm, and then was infertile.

That's what you'd expect, that's not what you have here.

In fact, what you have here

is infertile for half the plaintiffs, close to half the plaintiffs,

plaintiffs that are infertile before they go to the farm

and then, of course, are infertile afterwards,

or, for three, they are fertile beforehand and fertile afterwards.

Inconsistent with the basic causation pattern you would expect.

It's a failure of proof.

[on TV] Morales Mendoza, do you have someone that you consider your son?

He answered: "Well, I have a son who was given to me."

A woman gave a son away.

He was six months old.

So, that's the son we're raising, he's 27 years old now.

That's the one whom we call son. That's what he told you.

A completely different story under oath.

You have a liar here.

Rojas Laguna denied that he had a prostate problem in 1987.

His records came in, he admits,

when shown those records,

that he had a prostate problem,

and it goes directly to his claim.

These are lies.

And you have so many examples of that with these plaintiffs.

[dramatic instrumental music playing]

I'm not going to suggest any alternative number to you for damages.

It would be a stain on the reputation

of these people whose beliefs are being challenged

to suggest a dollar in damages.

That would be a stain on the reputation of the people

at Standard Fruit, whom I represent.

People are entitled to have their opinions,

but people aren't entitled to have their own facts.

Facts are stubborn things.

This gentleman, before he ever stepped foot on a farm, was infertile.

When you change a testimony like that

it's not because you're confused about dates.

It's because you're not telling the truth.

It is not a problem that these gentlemen didn't have a college degree.

People without college degrees can answer questions truthfully.

Standard Fruit and Dole are not liable to these plaintiffs.

There is no causation. No exposure. No causation.

These plaintiffs claim fails.

[water sounds]

[Duane on TV] My responsibility has been my clients' case.

I need to give that to you,

not in the sense that you'd walk in my shoes as an advocate,

but in the sense that the fate of their case belongs to you.

This product was banned

by every country in the world where it was ever used.

They didn't say that it was okay to use the product

in a way in which it was used in Nicaragua or anywhere else.

They all banned it.

Mr. McKnight said

that I'm impugning the honest beliefs of Dole.

That this was safe.

I've got the following questions for you to think about on that point:

Why would anybody after doing contracts to buy DBCP for all these years,

suddenly, only after 1977,

say, "By the way, we need to decide who's going to pay for the injury claims

by third parties."

Dow was saying, "I will not sell this product

to you unless we have indemnity." Why?

Because they thought there'd be no claims? What's the purpose of the clause?

It's not needed.

What does that tell you

about what they really thought and what they really knew?

They sold all the product they had,

500,000 gallons,

to one firm, their biggest client,

only after they said, "We want indemnity."

[tense music playing]

[Duane] So, when they come to us with their honest beliefs,

why didn't they test the workers?

They knew that they should check workers who'd been exposed

six months or more, and they never did it.

And even after they learned

that their own workers in Costa Rica were sterile,

they didn't check workers in Costa Rica,

they didn't check workers in Nicaragua,

but they kept using the product.

[cables squeaking]

[Duane] You were told that Dole stopped.

They stopped when the government of the United States

in 1979 said, "There is no permitted level of DBCP in bananas."

There was no residue.

And that's the time they stopped buying the product within a week, they said.

But what counsel did not say

is they took every drop they had in their inventory and applied it

even after they knew that.

They never stopped until they ran out.

That's the truth.

There isn't a drop left.

[water sounds]

What we're talking about is something that in a very practical level is cruel.

Here you have somebody in life who has very little,

and you take away from them the opportunity to have children,

one of the few joys they have left in their life.

[on TV] Some of them live literally alone.

Many of the women in their lives left them because they couldn't have children.

We've all had the joy of having a child

taking an entire hand to grab one finger.

My clients have been deprived of something that is important,

and none of us can ever give it back to them. It's too late.

But we have to think about how that has changed their lives

and what it means if the defendants are responsible.

And I leave that to you, thank you.

[mechanical noises]

We've got some Porto's here, come on in, enjoy.

Have some good old local Porto's bakery.

It's a waiting game now.

-Thanks. -Hi guys.

I brought this juice.

Pineapple juice from Dole?

[all laugh loudly]

You know, I don't want this stuff.

-Oh, no. More! -[laughter]

-Have you switched sides? -No, you did a good job.

Thank you, I was just�

Could I have a beer, please?

A toast to Juan.

-To Duane! -To Duane and Juan!

Appreciative for Duane, hip-hip, hurray!

Hip-hip, hurray! Hip-hip, hurray!

-Alright, Duane. Good job, good job. -Woo-hoo.

We'll see.

Man, in four hours they could throw a lot of issues into the air.

[clears throat]

All I know is I'm tired.

[Duane] I received a call over the weekend from Michael Carter,

the in-house attorney, general counsel for Dole.

And he wants to meet with me for lunch to discuss something,

and it's undoubtedly settlement.

He sat through all the final arguments,

so I think he's having second thoughts

about whether or not he should explore his alternatives

to the verdict and more litigation.

As far as I'm concerned, I want a verdict.

I want the jury to come out, I don't want that process stopped.

Who's blinking? Who's nervous?

We're not calling them for lunch. I want a verdict.

There's no question that it's going to be

very difficult to arrive on an agreement on all this,

and so we need to put as much pressure on them as we possibly can.

And a verdict may do that.

You speak a lot louder from a position of strength,

and I think we need to do that with these corporations.

We need to deal from a position of strength.

[soft music playing]

Hi, good morning. I'm calling from attorney Juan Dominguez's,

regarding the Tellez vs. Dole Food Company.

We're told that there are difficulties in the courtroom.

Can you check on that please, because we're awaiting the live feed.

Is the camera guy in the courtroom on?

If it's on, that means we've got problems.

Okay?

-Okay. -Yeah, they have.

Okay.

But it's way past 10:30 already.

Is the jury out yet or not?

Their camera lost power a minute ago.

Courtroom camera.

-Oh. -Oh, God.

They're reading the verdicts now, right?

Okay.

[phone ringing]

The offices of Juan Dominguez.

[beeping sounds]

I'm not sure what's going on.

It looks like they're winning on some and everything,

and some are half and half.

But I don't know where I picked up on the verdict.

[court feed] Carlos Enrique Diaz Artiaga, yes.

Lizandro Espinoza Delgado, no.

-It's terrible. -Claudio Gonzalez, yes.

More than half are getting killed.

Secundino de Jesus Herrera, no.

Jose Anastacio Rojas Laguna, yes.

For each claimant listed below

that I answer "yes--"

What amount of damages, if any,

would you award the plaintiff to compensate him for that harm.

[court feed] Julio Cesar Gonzalez, 688,000 dollars.

Carlos Enrique Diaz Artiaga, 460,000 dollars.

-Matilde Jose Lopez Mercado, 311,000-- -No! No!

-Jose Uriel Mendoza Gutierrez-- -What was that?

--517,600 dollars.

Jose Anastacio Laguna, 834,000.

Question number 15: For each plaintiff for whom you award damages,

when you report the amount of damages

by the Dow Chemical Company and the Dole Food Company--

[sighs] Terrible.

[judge] As to Carlos Miguel Blanco, the response was no.

As to Macario Fulgencio Morales Mendoza,

the response was no.

-And, as to Jose Anastacio Laguna� -Do the numbers?

We gotta go to the next stage.

It's six and six, six out and six in.

It's not all we expected, I wanted them all, you know.

[judge] Ladies and gentlemen, I want to thank you so far,

but this is not over.

We're going to go on to phase two of the trial.

Text Louis and text Yvonne.

Ask for the total amount, and see if it comes up with the same number as you.

-And then I'll call Nicaragua. -Okay.

[judge] Dole has been found liable for product liability and concealment.

You must now decide whether each plaintiff has proved

that Dole engaged in that conduct with malice, oppression or fraud.

Mr. Miller, your adversary claimed the victory in this case.

We, the plaintiffs are gratified

that the jury have spent four months paying very careful attention

to the evidence, and we have further proceedings

that we need to have on malice.

This case is not finished,

so I cannot comment further at this time.

[Duane] The verdict's running 11 to 1, or 12 to nothing,

on fraudulent concealment. So, they've clearly decided that Dole

didn't just stub their toe. They did bad things.

And we have a very good chance

of getting serious consideration on punitive damages.

I don't know what that means monetarily,

but this jury did not go hog-wild.

Anyway, uhm�

�the Los Angeles Times made it clear

that they're going to play it up as a victory.

They were quizzing Dole about the fact that they were found 80% at fault.

And found guilty of fraud and they didn't want to answer questions on that.

The jury is going to interpret this as a verdict against Dole, principally.

And for the plaintiffs.

[on radio in Spanish] Good morning Dr. Juan Jos� Dominguez,

What news can you share with many of the affected workers

who are excitingly anticipating the Tellez case

known as the case that will set precedent for all those affected

in Central America. Good morning, doctor.

[Juan] Good afternoon, Mr. Francisco Rocha!

I have the honor to tell all the people listening to the radio,

and the affected workers in Nicaragua and Honduras,

that the jury has read its verdict

in favor of the affected Nicaraguans.

I cannot say the names of the people or the cases that earned money,

but we need a grand total of one hour,

because we're going for more money tomorrow. For now, the court has granted

3,290,800 dollars.

This is today's verdict.

As I explained to all of you on Saturday,

there will be three decisions, this is the first.

Tomorrow they'll decide if the people were sterilized with malice.

If it was done with malice, this will have a great impact,

because it will create precedent for thousands of other affected workers,

who are awaiting their day of justice.

[firework goes off]

[firework pops]

[radio playing in the background]

[Byron] This is a struggle.

I hope that the punishment hurts, that it hits their conscience,

and that they realize that these people worked for their benefit.

I thought that we only had my father's situation.

But I was wrong.

Her story is sadder.

Her cancer is attacking her brain.

There's a person, one more soul,

that was taken by this banana plantation.

It's on their conscience. It's on their conscience.

It's like a war.

It's war. You go there and�

The general doesn't care how many people they kill.

Victory is all that matters.

We have lost many lives,

something valuable that only God can give.

[Duante] The remaining issue as to Dole, is really

how we characterize their conduct.

You're being asked to judge whether or not they acted with one of three things:

Malice, oppression, or fraud.

Dole, 30 years ago,

could've done something better, or could've done something differently.

I look back at what I did in the '70s

and I could've done things better, I should've done things better,

I could've and should've done things differently.

We all can look back on conduct, and say we could've done it better.

We should've done it better.

That's always valuable to do, you learn lessons from that.

But that's not the question that's facing you,

could Dole have done it better?

What we're talking about is corporate accountability and responsibility.

We have an American corporation overseas

presenting itself as the face of America.

You will not find one sentence,

one thought, one concern,

for the effect of this chemical on their workers.

Even after they knew.

The claim that's being made now,

is a very nasty claim.

It's a very nasty claim.

The claim that is being made

is that these individuals,

Ballesteros, DeLorenzo, and others knew

that DBCP was going to cause

the plaintiffs' testicles to be damaged.

That's what has to be shown here. That they knew that and more,

that they acted in a vile way and intended that it happen.

Counsel says these are ugly accusations.

They're strong words. They're serious issues.

But, ultimately, when you decide,

you've got to say whether or not

it meets the legal standard, as defined by the judge,

whether it sounds good or not.

If the label fits, it should be applied.

[court clerk] Special verdict form phase 2.

We answer the question submitted to us as follows

regarding the plaintiffs listed below.

Question one, for each claimant below:

Did that claimant prove by clear and convincing evidence

that Dole engaged in conduct in California

with malice, oppression or fraud to harm the plaintiff?

Jose Cordero Gonzalez, yes.

Carlos Enrique Diez Artiaga, yes.

Claudio Gonzalez, no.

Matilde Jose Lopez Mercado, yes.

Jose Uriel Mendoza Gutierrez, yes.

Jose Anastacio Rojas Laguna, yes.

Question number two--

[soft instrumental music playing]

[in Spanish] Congratulations, Antonio. This is incredible.

It's amazing, brother, incredible.

Today we made history.

We are in the law books that

that law school students will study in the future. I assure you.

-Congratulations! -Thank you.

Tap tap tap.

-I am not doing this. -[laughing]

Yes you are.

I felt like dancing in the aisle,

but I had to sit there and be professional.

This is better than my dream of being an NBA player.

-[laughing] -You know.

I wish I could see his face, but I don't.

He was like� And his shoulders started slouching down,

and people started not wanting to look at each other on the same table.

It was really evident.

They will learn. They can go to trial if they want.

We'll see how many times they want.

For these six individual plaintiffs, this was a wonderful day.

They will be among the wealthier people in Nicaragua, and I congratulate them.

But, for the plaintiff�s lawyers,

this is a substantial defeat,

because, for them to have invested as heavily as they did

in time and costs,

and to come up with a result that won't even come close to paying

their smallest bills, is a real defeat.

It will mean the plaintiff's lawyers are going to have to reassess

whether they are going to pursue these cases.

[dramatic instrumental music playing]

[guitar music playing]

[guitar music continues]

[presenter] Where are all the workers affected by Nemagon?

[hollering] Here!

I want you to get up and give a hand for Dr. Juan Dominguez!

-Stand up for a long ovation. -[crowd cheering]

[crowd clapping and cheering]

Show your gratitude to Dr. Juan Jose Dominguez.

[crowd clapping and cheering]

Shake the fans!

Shake the fans!

[crowd clapping and cheering]

[Juan] They're screwed.

They're cornered.

And we'll continue to lower the machete.

Because we hit them really hard with the machete. They're bleeding.

I am preparing the next machete, which will be bigger and sharper.

And they know that.

[crowd clapping and cheering]

Where are we going? Where is this going?

What will happen with each of your cases?

What will happen, is the same as always. More trials.

Because it's a war.

It's a long war.

It takes a lot of patience.

[dramatic instrumental music playing]

[plane engine roaring]

[upbeat music in Spanish playing]

[McKnight, part of the song] The claim that's being made now,

is a very nasty claim.

[Juan] �that we have a victory.

-[McKnight] Very nasty. -[Juan] Take more money.

[McKnight] Very nasty.

[Spanish upbeat song continues]

[Juan] Take more money.

[English rap is added to the song]

[upbeat music in Spanish and English rap continue together]

[Juan] �that we have a victory.

[McKnight] The claim that's being made now, is a very nasty claim.

It's a very nasty claim.