All language subtitles for BULL (2016) - S04 E09 - The Flying Carpet (720p - AMZN Web-DL)

BOY: I really can't believe
you spent money on that.

I had those when
I was, like, six.

GIRL: Hey, they're
vintage, dude.

[laughs softly]

Have you two been here before?

BOY: Mm, Amir's?

Never been here.

Is it good?

Oh, man.

Oh, and they do this
thing, it's like a contest.

You take a selfie

with the slice of
pizza in the shot,

and if the owner likes it,
you get a free slice of pizza.

Okay.

Wh-What are you
doing?[camera clicks]

Banking myself a piece of pizza.

[clicks]

What do you think?
That isn't going

to get you a glass of water.

They've got hundreds
of pictures in there

all over the wall that
look just like that one.

Stay right here.

[dog barking in distance]

[rattling]

[grunts]

[strained grunting]

[dog barking in distance]

[siren wailing in distance]

[grunting]

[sighs]

Hey.

Ah-ha-ha. I'm impressed.

Nice, James.

[electrical lights buzzing]

[clicks]GIRL: Come
on down, James.

Somebody's gonna
come by and hear us.

Give me a second.

[metallic creaking]

Oh, my God.

I can't look.

[clicks][thud]

[gasp]

[rumbling, crackling]

[grunts]

[screams]

James!

[metallic creaking]

Oh, my God.

[screams]James!

James?

ASTRID: My client was a
healthy, vibrant 14-year-old boy.

He loved to play baseball,

go rock climbing,

swimming in the summer,
sledding in the winter.

Now he has to spend
the rest of his life

in a wheelchair.
BENNY: And my client,

Immunity Insurance, shares
your sense of despair about that.

But... nonetheless,
this is clearly a tragedy

of your client's own making.

No one asked him to
climb up on that roof.

No one compelled him
to sit on a piece of signage

that was clearly not
meant to support his weight.

So why are we here?

Why invite us to a
settlement conference

if you have no
intention of settling?

AVERY: Ask the court.

As the insurers for Amir's
Flying Carpet Pizza Parlor,

my company has
decided to take the position

that we bear no liability for
James Donovan's injuries,

regardless of how
tragic they are.

Seriously?

Seriously.

We're prepared to go to trial.

[laughs]: I should
have assumed as much

when you invited us to a
meeting at a trial science company.

We sympathize with James

and his family,
but we also believe

that any rational jury will find

that the owners of
the establishment,

the Elmasry family,
have done nothing wrong.

The fact is, your
client was trespassing.

No. No, I'm sorry.

Your client was negligent.

They installed a giant,
illuminated slice of pizza

on top of a two-story building.

It practically screamed
to children, "Climb me."

I gather you're
planning to invoke

the attractive
nuisance doctrine?

If the shoe fits.

It doesn't. BULL:
If I may... interject.

The fact that we are having

the meeting here does
not automatically negate

the possibility of a settlement,

or I would not have
agreed to host it.

Secondly, the attractive
nuisance doctrine

to which you are referring

is intended to protect toddlers

from being lured into
hazardous situations,

like an unfenced pool
or a broken trampoline.

Your client is not a toddler,

and this is not one
of those situations.

BENNY: James Donovan
had enough physical strength

and mental acuity

to ignore large,
illuminated signage,

scale a chain-link fence,

climb a two-story building
and hoist himself upon a roof.

You can't blame
that on the Elmasrys.

The Elmasrys lured him in

with their "selfie gets
you a free slice" promotion.

They created a
social media campaign

that encouraged
children to compete

to see who could take the
most attention-getting selfie.

Nowhere in their
entreaties did it say:

"Do not climb on our building."

Okay. The court mandated a
pretrial settlement conference.

We have conferred.

Now give us your demands
so we can be done with it.

We know that the Elmasrys'
policy with Immunity Insurance

is capped at $2 million.

We also know how lengthy
and expensive litigation will be.

With that in mind, the
Donovans are prepared

to settle for the
full $2 million.

Well, thank you for coming by.

Don't you at least want
to run it up the flagpole

before rejecting it?

I amthe flagpole.

Of course, I will run
it by the Elmasrys,

but I already know
what the answer will be.

See you in court.

$2 million would have
been a pretty good resolution.

You didn't even counter.

We probably could have

gotten them down to
about a million and a half.

That's why I hired
the two of you.

We're gonna get
them down to nothing.

BULL: Ms. Kress,

uh, I'm gonna be
honest with you.

We're thrilled to
have your business,

thrilled to do all we can to
help you and your company

achieve legal success
in this case, but...

Mr. Colón is right.

I'd seriously ask you to
reconsider their proposal

and avoid trial.

This is a trial science company.

I thought you were
all about going to trial.

I don't understand.

Well, Ms. Kress, put
yourself in the jury's shoes.

Every morning they
walk into that court,

and they see a
boy in a wheelchair.

Then they look to the
other side of the courtroom,

and they see you, me and
Dr. Bull doing everything we can

to avoid giving that boy money
your company can easily afford.

Money your customers,
the very nice family

who own the pizza parlor,

have every right to expect
you to pay on their behalf.

This is a premises
liability suit.

How many hundreds of
these do you deal with a week?

Many hundreds.

Then explain the math to me,

'cause I can't
quite figure it out.

You'd rather give my
company a million dollars

and spend all the other costs

associated with taking
this thing to court...

than give a crippled
child $2 million?

[laughs]: Oh, it isn't that
that we take issue with.

It's the selfie of it all.

You would be shocked how
many people are injured or killed

doing something that
requires all of their attention

while pointing a
phone at themselves.

Oh, I know.

People fall into
the Grand Canyon.

They get mauled by zoo animals.

Selfie culture is
a complex mixture

of identity, expression,
self-esteem.

But... I am reasonably certain

you can't litigate
it out of existence.

Well, my company
is determined to try.

The question is, will we do it
with the two of you at our side?

The trial hasn't started yet.

You can still bow out.

Happy to give some
other firm that million.

And yes...

I know you two boys are
supposed to be the best...

but if second best is all
that's available to us...

I promise you we'll make do.

Like I said before...

we're happy to take
your money, Ms. Kress.

AVERY: Yes. Well...

it turns out almost everyone is.

See you at trial, gentlemen.

We just have to defend them.
We don't have to like them.

♪

Meet the plaintiff...
James Donovan.

Wow. What a sweet-looking kid.

And we're on which side
of this particular dispute?

Don't be a wise guy.

And this is the last photo

James took before he fell
two stories to the sidewalk.

Scary.

And this is James today.

[gasps softly]

What a nightmare.

Will this kid ever walk again?

AVERY: Based on the severity

of his injuries and the current
state of medical technology,

I'd say that's highly unlikely.

But frankly, that's
really a question

for his family's health
insurance provider.

Our focus needs to
be on making a case

that the willful trespassing
that went on here

exempts this as a claim

against the property owner's
commercial liability insurance.

This is Avery Kress.

Ah. Senior vice president

of claims at Immunity Insurance.

Our client.

Nice to meet you all.

I just had breakfast
with Dr. Bull,

and he suggested that I
stop by and sit in on your...

strategy session.

Look, the burden of proof

is on the plaintiffs
to prove negligence.

Our job is to demonstrate that
the owners did everything right.

Fences. Locks.

We have to prove they
made it as hard as they could

for anyone to get
up on that roof.

I don't know. I don't
want to just roll over

and buy into the
plaintiff's theory

that just because
the victim is a minor,

that he's covered by the
attractive nuisance doctrine.

The boy is 14.

He is not an infant.

He should have known better.

Eh. It's never a great
thing to blame the victim,

especially if the
victim's in a wheelchair.

Forgive me for being blunt,

but I don't think
the face of this case

should be the big bad
insurance company.

I think it should be the
owner of the pizza restaurant.

The people who
stand to lose everything

when they've done nothing wrong.

Now that's something the
jury could hang their hat on,

and that's something
the jury could relate to.

I don't agree.

I'm telling you, it'll
come across as callous.

Not if you finesse it.

Well, uh, what
does Dr. Bull think?

Well, I guess we'll see.

We have voir
dire in three hours.

Maybe the secret lies
somewhere in the middle.

How do you mean?

Yeah, how do you mean?

Well, maybe we let our
narrative embrace... both ideas.

Present them as if they
complement each other,

which they do.

I don't follow.

We make sure the
jury sees your clients

as responsible business owners

who took every
possible precaution.

Then we make sure they see James

as a mature young man
who has to be held responsible

for his reckless choices.

He doesn't get a free pass

just because he got badly hurt.

Mr. Elmasry, Mrs. Elmasry.

My name's Dr. Jason
Bull. I'll be spearheading

your defense here in court.

Allow me to introduce
your attorney of record,

Mr. Benjamin Colón.

BENNY: Pleasure
to meet you both.

AVERY: So I'm
guessing Mr. Elmasry

will sit up here
with you and me,

and Mr. Colón and, uh,

Mrs. Elmasry, you'll
sit in the gallery

directly behind us. Actually,

here's what I'd like to do.

I'd like to have the
two of you sit up here

at the defense
table with Mr. Colón,

and you and I will
be in the gallery.

I think it's important
when the jury looks over

at the defense table,
they are reminded

that the only people with
anything to lose at this trial

are a hard-working family,

not a gaggle of well-dressed,

well-paid executives
and lawyers.

Plus, it'll give you a
chance to see what it is I do

that your company
is paying so much for.

Any chance I could
steal you for five minutes

before we get
this thing started?

She's a real piece of
work, our Ms. Kress.

You can say that again.

She's a real piece of work.

Now that we've got
that out of the way,

how do you suggest
we curate a jury

that will look past a
kid in a wheelchair?

Well, in this case, it's not
so much about selecting

as it is about de-selecting.

Anyone with a pulse is gonna
take one look at the plaintiff

and want to help him, want
to do something for him.

Got it. So we eliminate
anyone with a pulse.

Or, failing that,

we minimize the
presence of sentimentalists.

'Cause we want jurors
who lead with their heads.

Who prioritize logic
and reason over emotion.

People who will be
able to see clearly

that our client
isn't responsible

for what happened to James.

James is.

Good afternoon, everyone.

So let's imagine

there's a hurricane
barreling down on your town.

Wind, rain,

emergency crews,
the whole nine yards.

You've just received
an order to evacuate.

You have five minutes
to leave your town.

What do you take? Well,

I guess I'd take my phone,

my keys, my wallet.

Oh, and our passports
and our marriage license.

Important documents.Mm.

You sound very practical.

I suppose I am.

Your Honor, juror number eight

is acceptable to the defense.

And what about you, sir?

What would you take if you
only had minutes to evacuate?

Well, first, I'd make
sure my family is safe.

Of course. Then,
I guess I'd grab

the photo albums...

my father's urn...
and the blanket

we brought our daughter
home in from the hospital.

Important memories.

They are for me.

Your Honor, we'd like to thank
and excuse juror number 12.

Okay, can I have
a show of hands?

How many of you have kids?

Okay.

Ah, I see you didn't
raise your hand.

May I ask,

do you have any
nieces or nephews?

I have a niece. She's six.

You know, Christmas
is coming up.

You ever think about
maybe giving her a puppy?

[chuckles] Sounds sweet, but
my brother would never forgive me.

Mm.

Your Honor, this juror is
acceptable to the defense.

Nice work.

I see what you're doing here.

Stacking the deck
with pragmatists.

Ah, do you see
what they're doing?

No James, no wheelchair.

She's saving her
client so he can make

a big theatrical entrance.

And for what it's worth,

I would do the same thing.

AMIR: So everyone is happy?

That went well?

Well, under the circumstances,

I don't think there's
any one of us

that thought this
was gonna be easy.

Plaintiff is especially
sympathetic.

I mean, a young man
at the threshold of his life,

losing the use
of his lower body.

It's tragic.

Given that, I think
we seated a jury

where there's a real
chance two or more members

are gonna see things your
way, and that is all we need.

But, uh... Can I ask a question?

BENNY: Of course, Mr. Elmasry.

This is your trial, you can
ask whatever you'd like.

What are we doing here?

Our entire family feels terribly
about what happened to that boy.

We don't need a trial.

We don't want a trial.

I paid my insurance.

Someone had an
accident on my property,

then why doesn't the insurance
company just pay them?

Isn't that what the
insurance is for?

AVERY: No. That's not

what the insurance
is for; not in this case.

In this case,

your insurance is
here to be the bad guy.

And trust me, you
need a bad guy.

In cases like this,
society needs a bad guy.

I don't understand.

Mr. Elmasry, you and your wife

did not pay premiums so
anyone could come along

and say you owe them
money and have it paid by us.

This young man did
not have an accident.

An accident is when
you go along in your life,

and something
unexpected happens.

This young man
made an active choice.

He trespassed.

Went somewhere he
was not supposed to go.

Sat on something that was
never built to support him.

And he fell to the
ground as a result.

And now he wants you, or us,

society to pay for
what happened to him?

Do you think that's fair?

Do you have $2 million?

$2 million to just
hand over to a stranger

who did nothing
but violate your rights

and treat your
property as his own

just so he could take a picture?

No, I do not, but
what about mercy?

What about forgiveness?

Forgiveness is for churches.

Mercy is for charities.

We are a business.

And, like you, we
don't have $2 million.

Not to give away
to any reckless fool

who thinks the
world is just waiting

to see a picture of
them put their life at risk.

It's okay. [exhales]

I know it's hard.

It's not on you.

Like I said, let us be
the bad guy, hmm?

Nice work today, you two.

I will see everyone
in the morning.

Good night. Good night.

Good night. Good night.

So if she's the bad guy,

then what does that make us?

The plaintiff would like
to call for its first witness,

James Donovan.

[gallery murmurs quietly]

[wheelchair whirring]

We have any green left at all?

Nope. It's like a
forest fire in here.

ASTRID: And would
you share, for the jury,

how it was that you
came to have the idea

to take a selfie on the roof

of the Flying
Carpet Pizza Parlor?

I was with my friends

and we were walking
by the restaurant,

and one of them was saying

how much she loved that pizza.

So I thought, "I'm gonna
get an amazing selfie

and get her a
free slice of pizza."

Hmm. But where did you get
the idea to go up on the roof?

Actually, I... I
got it from him.

ASTRID: Let the record
show that the plaintiff is pointing

at Amir Elmasry. He
never shared that with me.

[gallery murmuring][gavel
pounding]

And how did Mr. Elmasry
come to give you this idea?

To risk your life and limb

by climbing up on the
roof of his establishment?

Earlier that day, I was in there

and I saw that they
had this contest going

where if you take a selfie

and you post it on social media,

with you standing
in front of the store

and the sign that has the pizza

that looks like a flying
carpet in the background,

you can qualify
to win a free slice.

Any idea where this is going?

JAMES: I was hungry, didn't have
quiet enough for pizza.No. None.

So I went outside, And
I have no recollection

took my phone and shot a selfie.
Of ever seeing this kid in my life.

And did you show your photo
to the defendant, to Mr. Elmasry?

Yes, I did.

ASTRID: And what happened?

He said he had
hundreds of pictures

that looked exactly like mine.

In order for the selfie to
win, it had to be different.

Is that why you decided
to do something bigger?

Yeah. That was
the beginning of it.

That night, when my
friend was telling me

how much she loved that pizza,

I thought, "This is my chance."

So I climbed on the roof,
and went out to the pizza

to get a really special shot.

Just like he told me.

ASTRID: Thank you, James.

I have no further questions
for this witness, Your Honor.

Very well.

Let's take a 20 minute
break and then continue

with cross-examination.[gavel
bangs]

So you have no recollection
of meeting this boy?

None. I have never
seen that boy before.

Not that I can recall, anyway.

Wait a second.
What does that mean?

After school, we get 40,
50 kids in the store at a time.

We can't tell one
from the other.

They all start to look the same.

Well, they're not all the same.

This one is suing
for $2 million.

And he's implying

that you gave him the
idea to go up on the roof.

Insinuating that you
gave him permission.

Okay, Ms. Kress, forgive me,

but that is a stretch.

And frankly, I don't
think it really matters.

Mr. Colón will cross-examine
and undo whatever damage he can,

but I assure you,
no rational juror

is gonna believe Mr. Elmasry

gave anyone permission,
let alone encouraged them,

to get up on his roof.

Not unless they see proof.

Well, I hope you're right.

It's like she keeps forgetting

who pays who and
who works for who. Mm.

Look, I have no idea

whether that boy is
telling the truth or not, but...

like I told Ms. Kress,

at the end of the day,

I don't think it's gonna
matter. [Gavel bangs]

Hello, James. Nice to meet you.

Nice to meet you, sir.

I think that
everyone here agrees

that what happened
to you is tragic.

And I'm fairly certain
there isn't a person

in this room that
doesn't feel for you.

Thank you.

All right.

Now, you testified under oath

that Mr. Elmasry told you

to come up with a
different type of selfie.

That's right. He did.

Ah. Well, I have to
be honest with you.

He has no recollection
of ever having met you.

And even if he did, he's certain

he didn't actually tell
you to go up on a roof.

I mean, is it your
testimony here today

that he actually told
you to go up on his roof?

Well, no.

BENNY: In fact, if the
evidence is to be believed,

Mr. Elmasry took great pains
to keep people off his roof.

Objection, Your Honor.

Calls for speculation.

How is my client supposed
to know what kinds of pains

Mr. Elmasry may or
may not have taken

to keep people off his roof?

BENNY: I beg to
differ, Your Honor.

In fact, I'll wager

that young James here has
a better understanding as to

how tough the Elmasrys
made it to get up on that roof

than anyone else alive.

Objection overruled.

You may proceed, Mr. Colón.

Thank you, Your Honor.

Now, James, you
remember this fence?

Uh, uh... I-I don't
know. I-I guess so.

Let me refresh your memory.

It's a ten-foot fence.

No way you could have
gotten onto that roof

without climbing this first.

Do you remember this lock
and chain around the fence?

I-I think... I think I
saw it there, yeah.

How about this sign?

You remember this
sign? I mean, it was

lit with a big floodlight.

Kind of hard to miss.

Yeah, I think it was there.

You think so?

Huh? Well,

so, there are signs,
there are lights,

there are locks, and
there's a ten-foot fence.

What part of "we don't want
you here" did you not understand?

I'm sorry. I-I didn't
hear an answer,

Your Honor. Nonetheless,

I will withdraw the question
and move on to something else.

That look familiar, James?

Yes.

So, what'd you do there?

You move that dumpster
up against the wall,

and hoist yourself up on it,

pulled yourself
up on the ladder?

Let me remind you
that you are under oath.

I'd also like to inform you

that when police and
paramedics reported

to the scene that night
after your fall, they noted

that the dumpster was in the
exact same place you left it...

Up against the wall,
beneath the ladder.

He is very good.

Did I mention when I found him,
he was buck naked in the woods,

nothing but a law
book in his hands?

So I'm gonna ask you
for the second time.

Did you push that
dumpster up against the wall,

hoist yourself up on it,

pull yourself up on the ladder

so that you could
have access to the sign

depicting the Flying
Carpet Pizza slice?

[sighs]

Yes. Yes, I did.

Yes, you did.[gallery murmuring]

Doesn't sound like
it was all that easy

to get up there to me, was it?

No, it wasn't.

[gallery murmuring]

Okay. No further questions

for this witness, Your Honor.

You're excused, young man.

Thanks, James.

ASTRID: Can you tell us
about your son's physical

condition, Mrs. Donovan?

Um... James is
a... T9 paraplegic.

He suffers

from paralysis in his
lower torso and legs.

And what's the prognosis?

Are the doctors
offering any hope

that he might some day
be able to walk again?

No. No, they're not.

How old is James?

[sniffles] Uh, he's 14.

A child.

Objection. That's up
to the jury to decide.

Sustained.

So, what's changed

about your son's
life since his fall?

[sighs] God.

Uh... everything.

He-He's had to
relearn things. [Sniffles]

How to use the bathroom.

How to get in and out of a car.

How to navigate getting
in and out of his own bed.

And is there someone to
assist him with these things?

Just me. [sniffles]

I had to quit my job.

He, uh, he can't
really be left alone.

And I'm guessing you're staring

at a lot of new expenses.

Installing ramps to make your
home wheelchair accessible?

Buying an appropriate

van so you can
transport him places?

Yeah, took out a homeowner loan.

They wouldn't give us enough

to do everything we needed,

but it's a start.

Double-check me. Juror
number one looks like

she's about to start a
GoFundMe page for James.

What can I tell you?

This is very
effective testimony.

If we polled the jury right now,

there is not a chance in
hell of our side winning.

And I don't think
this jury is inclined

to leave the award
at just $2 million.

ASTRID: I have nothing further.

[clears throat]

Concede that this is a tragedy,

but remind them that
it's not the Elmasrys' fault.

BENNY: Mrs. Donovan,

before your son suffered
these life-changing injuries,

how did he get to and
from school every day?

He took the bus.

New York City bus? Yes.

And he traveled on
public transit alone?

Sometimes.

Would he take the
subway alone, too?

Sure. Sometimes.

Ah.

Did you allow him to hang out

with his best
friends after school?

Of course.

Without adult supervision?

Depending on
where they were going

and what they were doing, yes.

Ah. Now, James has a
two-year-old sister, doesn't he?

Janie. Um, she
just turned three.

Ah. My mistake.

And would James
ever babysit her?

Uh, from time to time.

So, you trusted
him with a toddler?

With his sister.

Absolutely. Yes, but

you felt comfortable doing this,

because James was a
responsible young man.

You knew he would take
his responsibility seriously,

and you trusted his
sense of judgement. True?

Objection. Compound question.

Sustained.

Rephrase the question.

Now what you're telling us is,

you treated your
son like a young adult.

Objection.

That's not a question.

Because isn't that,
in fact, what he is?

Not a toddler that could be

lured into an uncovered
swimming pool

by the shiny blue
water, but a young man...

who knows right from wrong.

Who understands when he sees

a sign that says
"No Trespassing,"

that means "stay away...

for your own good."

Isn't that right, Mrs. Donovan?

Objection. He's
badgering the witness.

Oh, that's all right.

You don't have to
answer that, Mrs. Donovan.

I know you've
been through a lot.

No further questions,
Your Honor.

MARISSA [over earbud]: For what it's
worth, now might be an excellent time

to let Ms. Kress know she's
getting her money's worth.

I am suddenly staring at
three greens and three reds.

[chuckles softly]

What are you so happy about?

Oh, I'm just
looking at the jury.

You own half of them now.

Well, what are you
bragging about?

That just means your
work is only half done.

The plaintiff would
like to call Paul Martin

to the stand.

Mr. Martin, could you please

describe your relationship
to the Elmasrys?

Well, I live in the
neighborhood.

I eat their pizza.
It's damn delicious.

MARISSA [over
earbud]: Well, any idea

who this is?

'Cause the jury is on
the edge of their seats.

They handed us an updated
witness list when we walked in,

but Amir said he didn't
recognize the name.

You recognize him now?

ASTRID: And would you please

tell the jury why
you called my office?

Why you reached out to us?

I don't know.

I read about the boy, how
he ended up in the wheelchair,

and I felt badly.

Why did you feel badly?

Well... about a year ago,

I'm walking down the sidewalk,

right in front of Amir's
place, and bang.

Something falls out of the sky.

I get hit on the head.

Felt like a rock.

Couple of pounds, maybe.

And I'm bleeding.

And it feels like it's
gonna be a hell of a bump.

And I look to see what it was.

I pick it up off the sidewalk.

And it's a piece of
concrete pepperoni.

[gallery murmuring]Came off

Mr. Elmasry's sign.[gavel bangs]

ASTRID: And did you call

Mr. Elmasry? Tell
him what happened?

I didn't have to.

He came running out of the shop.

Took complete
responsibility for everything.

Said I should go
to the hospital,

get some X-rays, MRI.

Whatever I needed,
he'd pay for everything.

And he did.

He just... didn't want
me to call the cops.

And he really didn't want me
to call my insurance company.

ASTRID: So, it's your testimony

that the Elmasrys were
fully aware that their sign...

The structure... was unsound.

That it was a hazard.

Objection. Calls
for speculation.

Sustained.

I'll withdraw the question.

So, you did what you were told.

You didn't notify
the authorities.

You didn't call your
insurance company.

I did not.

And I can't help
but wonder if I had

if the city might
not have gone over

and inspected,

made them reinforce that sign,

then maybe that boy
might be walking today.

ASTRID: Thank you, Mr. Martin.

I have no further
questions for this witness.

What's the damage?

I am afraid we are hanging
on by a single green thread.

What are you...
what are you doing?

What does it look like
I'm doing? I'm leaving.

Where you going?

Can it at least wait until
we break for the day?

BENNY: Nice to
meet you, Mr. Martin.

Thank you for coming in today.

[door opens]

I still can't
believe she did it.

And she didn't say
anything to you?

Didn't explain herself to
you? Just got up and left?

The minute a bad fact came out,

she grabbed her bag
and headed for the door.

Well, do you want to
call her, or should I?

I've been calling every ten
minutes. [Elevator bell chimes]

Something we said?

Immunity Insurance is no
longer your partner in this case.

Excuse me?

You brought this case to us.

We were misled.

We were given
inaccurate information.

What kind of
inaccurate information?

Mr. and Mrs. Elmasry

reapplied for their
insurance eight months ago.

And at that time, they
were specifically asked

if there had been any
accidents on the premises,

and they said no.

You can't be serious.

As far as we're concerned,

the Elmasrys committed fraud.

They're lucky we don't
press criminal charges.

Criminal charges?

Their lack of honesty
voids the policy,

which means the insurer has
no obligation to pay a dime,

which means that we are
withdrawing from the lawsuit.

And that's it? You
find a loophole,

a way of avoiding
paying out on the policy,

and you just...
dump your client?

Do you at least refund
them their premium?

[elevator doors open]

If you get me your bill

with the charges to date,

I'll see that it's
paid promptly.

Just curious.
Shall I say goodbye

to the Elmasrys for you?

[scoffs]

I take that as a no.

It's about as good
a closing argument

as I've ever read.

Thank you.

I don't think it's gonna make

a damn bit of difference.

The other side has
a boy in a wheelchair,

and that's gonna
be tough to beat.

The Elmasrys are gonna
lose their shirts, aren't they?

Jury's gonna hand down
some crazy judgment,

and because they
have no insurance,

the family's gonna be
forced to sell everything.

Including the business.

Looks that way.

[knock at door]

Everybody's ready.

I know you guys
are trying to figure out

whether to rest
your case or not.

I'm just not sure I'm
gonna really be of any help.

Um, I interviewed

the other two kids that
were with James that night,

effectively the
only two witnesses,

and neither of them
have anything to say

that's gonna matter.

Yeah, well, we assumed as much.

CHUNK: Although, there was

this one thing that's
kind of weird, actually.

Um, according to the
girl that was with them,

Makayla Newton,

James had never been
to that pizza parlor before.

So when he testified

that he had shown
Amir that selfie

and Amir said
wasn't good enough,

he essentially lied.

So he perjured himself.

Why?

What did he have to
gain? BULL: Who knows?

Maybe he was
embarrassed that his stunt

ended up causing so much
pain to so many people.

Maybe he didn't have the courage

to tell his mother he
thought it up all by himself.

Yeah.Whatever.

I'm not gonna alienate the
jury by charging him with perjury,

'cause we can't
prove it, anyway.

Like I said, nothing
that matters.

Anything from this
side of the table?

All I can tell you is the jury

is itching to give that
boy a huge award.

I think it's gonna make

the original $2
million settlement offer

look like the deal
of the century.

I second that.

Taylor.

Tell me you hacked into
Immunity Insurance e-mail

and found a smoking gun
that will change everything.

I hacked into Immunity
Insurance's e-mail

and found a smoking gun,
something that just might

change everything. Really?

No. But what I did find

is very disappointing
on a human level.

Everyone at that insurance
company agreed with you guys.

There must be dozens
of e-mails in there

saying that the
$2 million number

is a fair and reasonable one

and that Avery
should move on it.

And?

And Avery argued back

that while it would be a
good offer for the plaintiff

and would obviously have
taken the Elmasrys off the hook,

it was bad for
Immunity Insurance.

Would set a horrible
legal precedent

and would only reinforce
the idea that people,

especially young people
who indulge in risky behavior,

can expect big cash payouts
if they have an accident.

That they needed to
draw a line in the sand.

That this was the
case to do it with.

Well, I suppose
it's their right.

Actually, I'm not sure it is.

Benny, call down
to the courthouse,

see if you can't postpone today.

I want to call another
settlement meeting.

Really? With who?

With James and his
mother and the Elmasrys

and Avery. MARISSA: Avery?

But she and her company
withdrew from the case.

I know.

Tell her I need her here.

Uh, tell her it's
about the bill.

I don't care. Just
get her over here.

What time were you thinking?

I was thinking the others
should be here at 2:00.

Have Avery be here at 1:00.

[elevator bell chimes]

Ms. Kress. Yes?

Dr. Bull and Mr. Colón
are waiting for you.

Dr. Bull.

Mr. Colón.

Am I on trial?

Ms. Kress. Of course not.

Well, what's so pressing?

This can't really
be about your bill.

Looks like you have
every toy that a lawyer

or a trial scientist
could fit in here.

No, we just wanted to invite you

to a little settlement
conference

we're putting together.

Yeah. Your old clients
the Elmasrys will be there.

So will the attorney
for James Donovan.

We didn't want
you to feel left out.

Huh. I-I'm confused.

You know I withdrew
from this case.

You know Immunity no
longer insures the Elmasrys.

BULL: We know.

We just thought you
might want to reconsider.

Really? Why?

Oh, a little legal
thing called bad faith.

Are you two accusing
me of something?

We're offering you
a second chance.

And those don't come
around very often,

so let's review your
options. Option one.

We continue with the trial,

and the jury finds
in favor of James

to the tune of maybe $8 million?

And the Elmasrys
don't have $8 million.

So then, with our
help, they sue you.

For?

The aforementioned
bad faith. Oh,

did we forget to mention that...

we've got a dozen e-mails here

that say your company
was fully aware

of the $2 million offer
that you originally gave

and found it
completely reasonable.

Better than reasonable,

considering it is an
insurance company

going up against a
teenager in a wheelchair.

But you turned it down.

Not because you
were trying to do

what's best for the Elmasrys

but because your company
was trying to prove a point.

A point you apparently
were willing to make

at your client's expense,

which is not the way
it's supposed to be done.

Isn't it?

You know as well as I do

insurance companies aren't
in the business of paying out

just so everyone can feel good.

That boy was old enough
to understand his actions.

We were perfectly
within our rights to litigate.

But you did not litigate.

You walked out halfway through.

The Elmasrys lied.

The Elmasrys tried to save
you and themselves some money

because they knew
if they filed a claim,

you would raise their rates.

And we would have.

And you know

damn well if you voided
every policy you sold

because the insured
failed to file a claim,

you'd have virtually
no customers.

BULL: You got into this trial

and quickly realized
what I told you is true.

It is almost impossible to win

against a minor in a wheelchair,
no matter how he got there.

And so you started
looking for a loophole,

any loophole, that
would let you walk away.

You acted in bad faith.

You weren't looking out for
the people you agreed to insure.

You were looking out for
yourself and your company.

BULL: And New York
state law is very clear.

If Immunity Insurance
acted in bad faith,

they are on the hook

for whatever number
the jury comes up with.

And I got to tell you,

they're gonna come
up with a whopper.

Which brings us
to your other option.

Why don't you
come upstairs with us

before the jury comes
back with a verdict?

Give that boy $4 million,

$2 million more
than the original offer,

and let the Elmasrys
keep their business,

and we can just...

make this whole thing go away.

You know, Bull,

if we sue Immunity on
behalf of the Elmasrys,

I'm betting discovery
would come up

with a whole lot more
interesting e-mails.

BULL: Hmm. Benny.

You just might be
onto something.

If you're right about the jury,

if you're really convinced

that they're going
to ask for $8 million,

why would the plaintiff
settle for $4 million?

Well, it turns out

he wasn't completely
truthful on the stand,

and once I tell his attorney
we're gonna go and talk

to the judge about it, I think
she's gonna settle right away.

Shall we head up?

Let's.

BENNY: Hey!

Anybody else hungry?

Anybody else feel like pizza?

Maybe we can get the Elmasrys
to bring a pie over with them.

Is it really that good?

Oh, I hear it's great.

Call them.

You're kind of
pushy, you know that?

Hey. You don't have to like her.

You just have to defend her.

Captioning sponsored by CBS.

Captioned by Media Access
Group at WGBH access.wgbh.org