All language subtitles for Bull (2016) - 04x09 - The Flying Carpet.KILLERS.English.C.updated.Addic7ed.com

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These are the user uploaded subtitles that are being translated: 1 00:00:03,447 --> 00:00:05,251 I really can't believe you spent money on that. 2 00:00:05,275 --> 00:00:06,557 I had those when I was, like, six. 3 00:00:06,581 --> 00:00:08,254 Hey, they're vintage, dude. 4 00:00:10,305 --> 00:00:11,872 Have you two been here before? 5 00:00:13,847 --> 00:00:15,305 Mm, Amir's? 6 00:00:15,329 --> 00:00:16,915 Never been here. 7 00:00:16,939 --> 00:00:18,395 Is it good? 8 00:00:18,419 --> 00:00:19,787 Oh, man. 9 00:00:19,811 --> 00:00:22,137 Oh, and they do this thing, it's like a contest. 10 00:00:22,161 --> 00:00:23,400 You take a selfie 11 00:00:23,424 --> 00:00:24,966 with the slice of pizza in the shot, 12 00:00:24,990 --> 00:00:27,752 and if the owner likes it, you get a free slice of pizza. 13 00:00:27,776 --> 00:00:29,580 Okay. 14 00:00:29,604 --> 00:00:30,842 Wh-What are you doing? 15 00:00:30,866 --> 00:00:32,563 Banking myself a piece of pizza. 16 00:00:36,174 --> 00:00:37,501 What do you think? 17 00:00:37,525 --> 00:00:39,242 That isn't going to get you a glass of water. 18 00:00:39,266 --> 00:00:41,026 They've got hundreds of pictures in there 19 00:00:41,050 --> 00:00:43,637 all over the wall that look just like that one. 20 00:00:44,320 --> 00:00:46,018 Stay right here. 21 00:01:40,936 --> 00:01:42,070 Hey. 22 00:01:42,094 --> 00:01:44,350 Ah-ha-ha. I'm impressed. 23 00:01:44,374 --> 00:01:46,221 Nice, James. 24 00:01:55,855 --> 00:01:57,050 Come on down, James. 25 00:01:57,074 --> 00:01:59,539 Somebody's gonna come by and hear us. 26 00:01:59,563 --> 00:02:00,999 Give me a second. 27 00:02:05,700 --> 00:02:07,417 Oh, my God. 28 00:02:07,441 --> 00:02:09,027 I can't look. 29 00:02:19,219 --> 00:02:20,560 James! 30 00:02:24,196 --> 00:02:25,696 Oh, my God. 31 00:02:25,720 --> 00:02:27,374 James! 32 00:02:28,462 --> 00:02:30,309 James? 33 00:02:30,333 --> 00:02:34,269 My client was a healthy, vibrant 14-year-old boy. 34 00:02:34,821 --> 00:02:36,794 He loved to play baseball, 35 00:02:36,818 --> 00:02:38,491 go rock climbing, 36 00:02:38,767 --> 00:02:41,407 swimming in the summer, sledding in the winter. 37 00:02:41,687 --> 00:02:43,540 Now he has to spend the rest of his life 38 00:02:43,564 --> 00:02:46,039 - in a wheelchair. - And my client, 39 00:02:46,063 --> 00:02:49,633 Immunity Insurance, shares your sense of despair about that. 40 00:02:49,657 --> 00:02:53,427 But... nonetheless, this is clearly a tragedy 41 00:02:53,451 --> 00:02:55,290 of your client's own making. 42 00:02:55,314 --> 00:02:58,070 No one asked him to climb up on that roof. 43 00:02:58,094 --> 00:03:01,023 No one compelled him to sit on a piece of signage 44 00:03:01,047 --> 00:03:03,995 that was clearly not meant to support his weight. 45 00:03:04,019 --> 00:03:05,649 So why are we here? 46 00:03:05,977 --> 00:03:08,129 Why invite us to a settlement conference 47 00:03:08,153 --> 00:03:10,305 if you have no intention of settling? 48 00:03:10,329 --> 00:03:11,785 Ask the court. 49 00:03:12,175 --> 00:03:15,658 As the insurers for Amir's Flying Carpet Pizza Parlor, 50 00:03:15,682 --> 00:03:18,487 my company has decided to take the position 51 00:03:18,511 --> 00:03:22,143 that we bear no liability for James Donovan's injuries, 52 00:03:22,167 --> 00:03:26,147 regardless of how tragic they are. 53 00:03:26,171 --> 00:03:27,235 Seriously? 54 00:03:27,259 --> 00:03:28,366 Seriously. 55 00:03:28,390 --> 00:03:30,151 We're prepared to go to trial. 56 00:03:30,175 --> 00:03:32,022 I should have assumed as much 57 00:03:32,046 --> 00:03:35,417 when you invited us to a meeting at a trial science company. 58 00:03:35,441 --> 00:03:37,462 We sympathize with James 59 00:03:37,486 --> 00:03:40,683 and his family, but we also believe 60 00:03:40,707 --> 00:03:42,685 that any rational jury will find 61 00:03:42,709 --> 00:03:44,382 that the owners of the establishment, 62 00:03:44,406 --> 00:03:47,409 the Elmasry family, have done nothing wrong. 63 00:03:47,410 --> 00:03:50,258 The fact is, your client was trespassing. 64 00:03:50,282 --> 00:03:51,912 No. No, I'm sorry. 65 00:03:51,936 --> 00:03:54,088 Your client was negligent. 66 00:03:54,112 --> 00:03:58,541 They installed a giant, illuminated slice of pizza 67 00:03:58,565 --> 00:04:00,355 on top of a two-story building. 68 00:04:00,849 --> 00:04:03,576 It practically screamed to children, "Climb me." 69 00:04:03,600 --> 00:04:05,795 I gather you're planning to invoke 70 00:04:05,819 --> 00:04:08,102 the attractive nuisance doctrine? 71 00:04:08,607 --> 00:04:09,930 If the shoe fits. 72 00:04:09,954 --> 00:04:11,840 - It doesn't. - If I may... 73 00:04:12,429 --> 00:04:13,628 interject. 74 00:04:13,653 --> 00:04:15,588 The fact that we are having 75 00:04:15,612 --> 00:04:18,242 the meeting here does not automatically negate 76 00:04:18,266 --> 00:04:19,896 the possibility of a settlement, 77 00:04:19,920 --> 00:04:22,595 or I would not have agreed to host it. 78 00:04:22,619 --> 00:04:25,119 Secondly, the attractive nuisance doctrine 79 00:04:25,143 --> 00:04:27,164 to which you are referring 80 00:04:27,188 --> 00:04:28,949 is intended to protect toddlers 81 00:04:28,973 --> 00:04:31,430 from being lured into hazardous situations, 82 00:04:31,454 --> 00:04:34,955 like an unfenced pool or a broken trampoline. 83 00:04:34,979 --> 00:04:36,913 Your client is not a toddler, 84 00:04:36,937 --> 00:04:39,133 and this is not one of those situations. 85 00:04:39,157 --> 00:04:41,135 James Donovan had enough physical strength 86 00:04:41,159 --> 00:04:42,910 and mental acuity 87 00:04:42,934 --> 00:04:46,793 to ignore large, illuminated signage, 88 00:04:47,479 --> 00:04:49,359 scale a chain-link fence, 89 00:04:49,383 --> 00:04:53,885 climb a two-story building and hoist himself upon a roof. 90 00:04:53,909 --> 00:04:56,627 You can't blame that on the Elmasrys. 91 00:04:56,651 --> 00:04:58,107 The Elmasrys lured him in 92 00:04:58,131 --> 00:05:02,459 with their "selfie gets you a free slice" promotion. 93 00:05:02,483 --> 00:05:05,070 They created a social media campaign 94 00:05:05,094 --> 00:05:08,117 that encouraged children to compete 95 00:05:08,141 --> 00:05:11,250 to see who could take the most attention-getting selfie. 96 00:05:11,274 --> 00:05:13,296 Nowhere in their entreaties did it say: 97 00:05:13,320 --> 00:05:15,298 "Do not climb on our building." 98 00:05:15,322 --> 00:05:19,781 Okay. The court mandated a pretrial settlement conference. 99 00:05:20,528 --> 00:05:22,044 We have conferred. 100 00:05:22,068 --> 00:05:25,134 Now give us your demands so we can be done with it. 101 00:05:25,158 --> 00:05:28,224 We know that the Elmasrys' policy with Immunity Insurance 102 00:05:28,248 --> 00:05:30,443 is capped at $2 million. 103 00:05:30,467 --> 00:05:34,621 We also know how lengthy and expensive litigation will be. 104 00:05:34,901 --> 00:05:37,799 With that in mind, the Donovans are prepared 105 00:05:37,823 --> 00:05:41,324 to settle for the full $2 million. 106 00:05:41,348 --> 00:05:43,326 Well, thank you for coming by. 107 00:05:43,350 --> 00:05:45,458 Don't you at least want to run it up the flagpole 108 00:05:45,482 --> 00:05:46,808 before rejecting it? 109 00:05:46,832 --> 00:05:48,548 I am the flagpole. 110 00:05:48,572 --> 00:05:52,335 Of course, I will run it by the Elmasrys, 111 00:05:52,359 --> 00:05:54,462 but I already know what the answer will be. 112 00:05:56,015 --> 00:05:57,668 See you in court. 113 00:06:07,225 --> 00:06:10,179 $2 million would have been a pretty good resolution. 114 00:06:10,687 --> 00:06:13,095 You didn't even counter. We probably could have 115 00:06:13,119 --> 00:06:15,401 gotten them down to about a million and a half. 116 00:06:15,425 --> 00:06:17,839 That's why I hired the two of you. 117 00:06:18,111 --> 00:06:20,363 We're gonna get them down to nothing. 118 00:06:20,387 --> 00:06:21,843 Ms. Kress, 119 00:06:21,867 --> 00:06:23,453 uh, I'm gonna be honest with you. 120 00:06:23,477 --> 00:06:24,889 We're thrilled to have your business, 121 00:06:24,913 --> 00:06:27,762 thrilled to do all we can to help you and your company 122 00:06:27,786 --> 00:06:30,721 achieve legal success in this case, but... 123 00:06:30,745 --> 00:06:32,462 Mr. Colón is right. 124 00:06:32,486 --> 00:06:35,682 I'd seriously ask you to reconsider their proposal 125 00:06:35,706 --> 00:06:37,172 and avoid trial. 126 00:06:37,708 --> 00:06:40,513 This is a trial science company. 127 00:06:40,537 --> 00:06:42,994 I thought you were all about going to trial. 128 00:06:43,018 --> 00:06:44,430 I don't understand. 129 00:06:44,454 --> 00:06:46,824 Well, Ms. Kress, put yourself in the jury's shoes. 130 00:06:46,848 --> 00:06:49,392 Every morning they walk into that court, 131 00:06:49,416 --> 00:06:51,698 and they see a boy in a wheelchair. 132 00:06:51,722 --> 00:06:53,700 Then they look to the other side of the courtroom, 133 00:06:53,724 --> 00:06:57,400 and they see you, me and Dr. Bull doing everything we can 134 00:06:57,424 --> 00:07:01,404 to avoid giving that boy money your company can easily afford. 135 00:07:01,428 --> 00:07:03,406 Money your customers, the very nice family 136 00:07:03,430 --> 00:07:05,277 who own the pizza parlor, 137 00:07:05,301 --> 00:07:07,410 have every right to expect you to pay on their behalf. 138 00:07:07,434 --> 00:07:08,933 This is a premises liability suit. 139 00:07:08,957 --> 00:07:11,544 How many hundreds of these do you deal with a week? 140 00:07:11,568 --> 00:07:13,155 Many hundreds. 141 00:07:13,179 --> 00:07:14,896 Then explain the math to me, 142 00:07:14,920 --> 00:07:16,636 'cause I can't quite figure it out. 143 00:07:16,660 --> 00:07:19,030 You'd rather give my company a million dollars 144 00:07:19,054 --> 00:07:21,076 and spend all the other costs 145 00:07:21,100 --> 00:07:23,774 associated with taking this thing to court... 146 00:07:23,798 --> 00:07:26,777 than give a crippled child $2 million? 147 00:07:26,801 --> 00:07:29,824 Oh, it isn't that that we take issue with. 148 00:07:29,848 --> 00:07:32,478 It's the selfie of it all. 149 00:07:32,502 --> 00:07:35,481 You would be shocked how many people are injured or killed 150 00:07:35,505 --> 00:07:39,345 doing something that requires all of their attention 151 00:07:39,369 --> 00:07:41,452 while pointing a phone at themselves. 152 00:07:41,476 --> 00:07:42,967 Oh, I know. 153 00:07:42,991 --> 00:07:44,839 People fall into the Grand Canyon. 154 00:07:44,863 --> 00:07:46,536 They get mauled by zoo animals. 155 00:07:46,560 --> 00:07:49,582 Selfie culture is a complex mixture 156 00:07:49,606 --> 00:07:52,063 of identity, expression, self-esteem. 157 00:07:52,087 --> 00:07:54,500 But... I am reasonably certain 158 00:07:54,524 --> 00:07:56,938 you can't litigate it out of existence. 159 00:07:56,962 --> 00:07:59,201 Well, my company is determined to try. 160 00:07:59,671 --> 00:08:03,683 The question is, will we do it with the two of you at our side? 161 00:08:03,707 --> 00:08:05,468 The trial hasn't started yet. 162 00:08:05,492 --> 00:08:07,078 You can still bow out. 163 00:08:07,102 --> 00:08:10,299 Happy to give some other firm that million. 164 00:08:10,323 --> 00:08:12,040 And yes... 165 00:08:12,064 --> 00:08:16,438 I know you two boys are supposed to be the best... 166 00:08:16,982 --> 00:08:20,918 but if second best is all that's available to us... 167 00:08:21,234 --> 00:08:23,858 I promise you we'll make do. 168 00:08:27,326 --> 00:08:28,956 Like I said before... 169 00:08:29,534 --> 00:08:31,973 we're happy to take your money, Ms. Kress. 170 00:08:32,287 --> 00:08:34,584 Yes. Well... 171 00:08:34,608 --> 00:08:37,611 it turns out almost everyone is. 172 00:08:40,005 --> 00:08:42,007 See you at trial, gentlemen. 173 00:08:45,008 --> 00:08:47,989 We just have to defend them. We don't have to like them. 174 00:08:48,013 --> 00:08:52,952 Synced & corrected by -robtor- www.addic7ed.com 175 00:08:54,472 --> 00:08:56,973 Meet the plaintiff... James Donovan. 176 00:08:57,604 --> 00:09:00,150 Wow. What a sweet-looking kid. 177 00:09:00,398 --> 00:09:03,414 And we're on which side of this particular dispute? 178 00:09:03,438 --> 00:09:04,806 Don't be a wise guy. 179 00:09:05,403 --> 00:09:06,896 And this is the last photo 180 00:09:06,920 --> 00:09:10,638 James took before he fell two stories to the sidewalk. 181 00:09:10,662 --> 00:09:12,229 Scary. 182 00:09:12,253 --> 00:09:14,294 And this is James today. 183 00:09:15,319 --> 00:09:16,688 What a nightmare. 184 00:09:16,712 --> 00:09:18,472 Will this kid ever walk again? 185 00:09:18,496 --> 00:09:19,996 Based on the severity 186 00:09:20,020 --> 00:09:24,130 of his injuries and the current state of medical technology, 187 00:09:24,154 --> 00:09:26,375 I'd say that's highly unlikely. 188 00:09:26,399 --> 00:09:29,263 But frankly, that's really a question 189 00:09:29,287 --> 00:09:31,774 for his family's health insurance provider. 190 00:09:31,775 --> 00:09:34,928 Our focus needs to be on making a case 191 00:09:34,952 --> 00:09:38,323 that the willful trespassing that went on here 192 00:09:38,347 --> 00:09:40,265 exempts this as a claim 193 00:09:40,289 --> 00:09:42,980 against the property owner's commercial liability insurance. 194 00:09:43,004 --> 00:09:44,808 This is Avery Kress. 195 00:09:44,832 --> 00:09:46,858 - Ah. - Senior vice president 196 00:09:46,882 --> 00:09:49,595 of claims at Immunity Insurance. 197 00:09:49,619 --> 00:09:50,988 Our client. 198 00:09:51,282 --> 00:09:52,598 Nice to meet you all. 199 00:09:52,622 --> 00:09:54,165 I just had breakfast with Dr. Bull, 200 00:09:54,189 --> 00:09:57,516 and he suggested that I stop by and sit in on your... 201 00:09:57,540 --> 00:09:59,766 strategy session. 202 00:09:59,790 --> 00:10:01,965 Look, the burden of proof 203 00:10:01,989 --> 00:10:05,306 is on the plaintiffs to prove negligence. 204 00:10:05,672 --> 00:10:09,988 Our job is to demonstrate that the owners did everything right. 205 00:10:10,012 --> 00:10:11,867 Fences. Locks. 206 00:10:11,891 --> 00:10:14,773 We have to prove they made it as hard as they could 207 00:10:14,797 --> 00:10:16,709 for anyone to get up on that roof. 208 00:10:17,200 --> 00:10:20,035 I don't know. I don't want to just roll over 209 00:10:20,035 --> 00:10:21,751 and buy into the plaintiff's theory 210 00:10:21,775 --> 00:10:23,710 that just because the victim is a minor, 211 00:10:23,734 --> 00:10:27,292 that he's covered by the attractive nuisance doctrine. 212 00:10:27,316 --> 00:10:29,107 The boy is 14. 213 00:10:29,131 --> 00:10:30,935 He is not an infant. 214 00:10:30,959 --> 00:10:32,719 He should have known better. 215 00:10:33,449 --> 00:10:35,504 Eh. It's never a great thing to blame the victim, 216 00:10:35,528 --> 00:10:37,811 especially if the victim's in a wheelchair. 217 00:10:38,329 --> 00:10:39,944 Forgive me for being blunt, 218 00:10:39,968 --> 00:10:41,641 but I don't think the face of this case 219 00:10:41,665 --> 00:10:43,295 should be the big bad insurance company. 220 00:10:43,319 --> 00:10:46,341 I think it should be the owner of the pizza restaurant. 221 00:10:46,365 --> 00:10:49,225 The people who stand to lose everything 222 00:10:49,249 --> 00:10:51,042 when they've done nothing wrong. 223 00:10:51,066 --> 00:10:53,479 Now that's something the jury could hang their hat on, 224 00:10:53,503 --> 00:10:55,350 and that's something the jury could relate to. 225 00:10:55,374 --> 00:10:56,656 I don't agree. 226 00:10:56,680 --> 00:10:58,919 I'm telling you, it'll come across as callous. 227 00:10:58,943 --> 00:11:00,814 Not if you finesse it. 228 00:11:04,105 --> 00:11:06,666 Well, uh, what does Dr. Bull think? 229 00:11:06,690 --> 00:11:08,711 Well, I guess we'll see. 230 00:11:08,735 --> 00:11:11,192 We have voir dire in three hours. 231 00:11:11,216 --> 00:11:13,586 Maybe the secret lies somewhere in the middle. 232 00:11:14,324 --> 00:11:15,675 How do you mean? 233 00:11:15,699 --> 00:11:17,155 Yeah, how do you mean? 234 00:11:17,179 --> 00:11:20,898 Well, maybe we let our narrative embrace... both ideas. 235 00:11:20,922 --> 00:11:22,900 Present them as if they complement each other, 236 00:11:22,924 --> 00:11:23,944 which they do. 237 00:11:23,968 --> 00:11:25,380 I don't follow. 238 00:11:26,002 --> 00:11:27,861 We make sure the jury sees your clients 239 00:11:27,885 --> 00:11:29,515 as responsible business owners 240 00:11:29,539 --> 00:11:31,996 who took every possible precaution. 241 00:11:32,926 --> 00:11:34,607 Then we make sure they see James 242 00:11:34,631 --> 00:11:37,262 as a mature young man who has to be held responsible 243 00:11:37,286 --> 00:11:38,611 for his reckless choices. 244 00:11:38,635 --> 00:11:40,004 He doesn't get a free pass 245 00:11:40,028 --> 00:11:42,101 just because he got badly hurt. 246 00:11:45,813 --> 00:11:48,360 Mr. Elmasry, Mrs. Elmasry. 247 00:11:48,384 --> 00:11:50,536 My name's Dr. Jason Bull. I'll be spearheading 248 00:11:50,560 --> 00:11:51,841 your defense here in court. 249 00:11:51,865 --> 00:11:53,365 Allow me to introduce your attorney of record, 250 00:11:53,389 --> 00:11:54,627 Mr. Benjamin Colón. 251 00:11:54,651 --> 00:11:56,063 Pleasure to meet you both. 252 00:11:56,087 --> 00:11:57,369 So I'm guessing Mr. Elmasry 253 00:11:57,393 --> 00:11:59,458 will sit up here with you and me, 254 00:11:59,482 --> 00:12:01,503 and Mr. Colón and, uh, 255 00:12:01,527 --> 00:12:02,809 Mrs. Elmasry, you'll sit in the gallery 256 00:12:02,833 --> 00:12:03,810 - directly behind us. - Actually, 257 00:12:03,834 --> 00:12:05,029 here's what I'd like to do. 258 00:12:05,053 --> 00:12:06,508 I'd like to have the two of you sit up here 259 00:12:06,532 --> 00:12:08,032 at the defense table with Mr. Colón, 260 00:12:08,544 --> 00:12:11,755 and you and I will be in the gallery. 261 00:12:13,174 --> 00:12:15,735 I think it's important when the jury looks over 262 00:12:15,759 --> 00:12:17,258 at the defense table, they are reminded 263 00:12:17,282 --> 00:12:20,653 that the only people with anything to lose at this trial 264 00:12:20,677 --> 00:12:22,307 are a hard-working family, 265 00:12:22,331 --> 00:12:24,048 not a gaggle of well-dressed, 266 00:12:24,072 --> 00:12:26,311 well-paid executives and lawyers. 267 00:12:26,335 --> 00:12:29,618 Plus, it'll give you a chance to see what it is I do 268 00:12:29,642 --> 00:12:32,297 that your company is paying so much for. 269 00:12:34,082 --> 00:12:36,451 Any chance I could steal you for five minutes 270 00:12:36,475 --> 00:12:38,408 before we get this thing started? 271 00:12:39,003 --> 00:12:41,329 She's a real piece of work, our Ms. Kress. 272 00:12:41,480 --> 00:12:43,023 You can say that again. 273 00:12:43,047 --> 00:12:44,998 She's a real piece of work. 274 00:12:45,441 --> 00:12:47,288 Now that we've got that out of the way, 275 00:12:47,312 --> 00:12:50,074 how do you suggest we curate a jury 276 00:12:50,098 --> 00:12:52,554 that will look past a kid in a wheelchair? 277 00:12:52,578 --> 00:12:55,731 Well, in this case, it's not so much about selecting 278 00:12:55,755 --> 00:12:57,777 as it is about de-selecting. 279 00:12:57,801 --> 00:13:00,693 Anyone with a pulse is gonna take one look at the plaintiff 280 00:13:00,717 --> 00:13:03,261 and want to help him, want to do something for him. 281 00:13:03,285 --> 00:13:05,611 Got it. So we eliminate anyone with a pulse. 282 00:13:05,635 --> 00:13:07,700 Or, failing that, 283 00:13:07,724 --> 00:13:11,225 we minimize the presence of sentimentalists. 284 00:13:11,249 --> 00:13:13,097 'Cause we want jurors who lead with their heads. 285 00:13:13,121 --> 00:13:16,709 Who prioritize logic and reason over emotion. 286 00:13:16,733 --> 00:13:19,103 People who will be able to see clearly 287 00:13:19,127 --> 00:13:20,713 that our client isn't responsible 288 00:13:20,737 --> 00:13:22,236 for what happened to James. 289 00:13:22,702 --> 00:13:24,586 James is. 290 00:13:24,610 --> 00:13:26,719 Good afternoon, everyone. 291 00:13:26,743 --> 00:13:28,503 So let's imagine 292 00:13:28,527 --> 00:13:31,593 there's a hurricane barreling down on your town. 293 00:13:31,617 --> 00:13:33,726 Wind, rain, 294 00:13:33,750 --> 00:13:35,902 emergency crews, the whole nine yards. 295 00:13:35,926 --> 00:13:38,513 You've just received an order to evacuate. 296 00:13:38,537 --> 00:13:40,602 You have five minutes to leave your town. 297 00:13:40,626 --> 00:13:42,604 - What do you take? - Well, 298 00:13:42,628 --> 00:13:44,215 I guess I'd take my phone, 299 00:13:44,239 --> 00:13:46,478 my keys, my wallet. 300 00:13:46,502 --> 00:13:49,350 Oh, and our passports and our marriage license. 301 00:13:49,374 --> 00:13:50,873 - Important documents. - Mm. 302 00:13:50,897 --> 00:13:52,353 You sound very practical. 303 00:13:52,377 --> 00:13:54,031 I suppose I am. 304 00:13:55,337 --> 00:13:57,706 Your Honor, juror number eight 305 00:13:57,730 --> 00:13:59,708 is acceptable to the defense. 306 00:13:59,732 --> 00:14:01,275 And what about you, sir? 307 00:14:01,299 --> 00:14:04,278 What would you take if you only had minutes to evacuate? 308 00:14:04,302 --> 00:14:06,454 Well, first, I'd make sure my family is safe. 309 00:14:06,478 --> 00:14:08,152 - Of course. - Then, I guess I'd grab 310 00:14:08,176 --> 00:14:09,631 the photo albums... 311 00:14:09,655 --> 00:14:12,243 my father's urn... and the blanket 312 00:14:12,267 --> 00:14:14,158 we brought our daughter home in from the hospital. 313 00:14:14,182 --> 00:14:15,333 Important memories. 314 00:14:15,357 --> 00:14:17,006 They are for me. 315 00:14:17,837 --> 00:14:21,295 Your Honor, we'd like to thank and excuse juror number 12. 316 00:14:21,319 --> 00:14:23,515 Okay, can I have a show of hands? 317 00:14:23,539 --> 00:14:25,598 How many of you have kids? 318 00:14:27,064 --> 00:14:28,607 Okay. 319 00:14:28,631 --> 00:14:31,349 Ah, I see you didn't raise your hand. 320 00:14:31,373 --> 00:14:32,698 May I ask, 321 00:14:32,722 --> 00:14:34,613 do you have any nieces or nephews? 322 00:14:34,637 --> 00:14:36,615 I have a niece. She's six. 323 00:14:36,639 --> 00:14:39,400 You know, Christmas is coming up. 324 00:14:39,424 --> 00:14:41,794 You ever think about maybe giving her a puppy? 325 00:14:41,818 --> 00:14:45,928 Sounds sweet, but my brother would never forgive me. 326 00:14:45,952 --> 00:14:47,626 Mm. 327 00:14:48,246 --> 00:14:51,151 Your Honor, this juror is acceptable to the defense. 328 00:14:51,175 --> 00:14:53,414 Nice work. 329 00:14:53,438 --> 00:14:55,155 I see what you're doing here. 330 00:14:55,179 --> 00:14:57,505 Stacking the deck with pragmatists. 331 00:14:57,529 --> 00:15:00,291 Ah, do you see what they're doing? 332 00:15:00,315 --> 00:15:02,249 No James, no wheelchair. 333 00:15:02,273 --> 00:15:04,516 She's saving her client so he can make 334 00:15:04,540 --> 00:15:06,210 a big theatrical entrance. 335 00:15:06,234 --> 00:15:07,559 And for what it's worth, 336 00:15:07,583 --> 00:15:09,433 I would do the same thing. 337 00:15:10,070 --> 00:15:12,477 So everyone is happy? 338 00:15:12,501 --> 00:15:14,174 That went well? 339 00:15:14,198 --> 00:15:15,567 Well, under the circumstances, 340 00:15:15,591 --> 00:15:16,872 I don't think there's any one of us 341 00:15:16,896 --> 00:15:19,266 that thought this was gonna be easy. 342 00:15:19,290 --> 00:15:22,835 Plaintiff is especially sympathetic. 343 00:15:22,859 --> 00:15:25,316 I mean, a young man at the threshold of his life, 344 00:15:25,340 --> 00:15:27,883 losing the use of his lower body. 345 00:15:27,907 --> 00:15:29,668 It's tragic. 346 00:15:29,692 --> 00:15:32,758 Given that, I think we seated a jury 347 00:15:32,782 --> 00:15:34,890 where there's a real chance two or more members 348 00:15:34,914 --> 00:15:37,502 are gonna see things your way, and that is all we need. 349 00:15:37,526 --> 00:15:40,374 But, uh... Can I ask a question? 350 00:15:40,398 --> 00:15:41,810 Of course, Mr. Elmasry. 351 00:15:41,834 --> 00:15:44,422 This is your trial, you can ask whatever you'd like. 352 00:15:45,219 --> 00:15:46,946 What are we doing here? 353 00:15:46,970 --> 00:15:50,645 Our entire family feels terribly about what happened to that boy. 354 00:15:50,669 --> 00:15:51,951 We don't need a trial. 355 00:15:51,975 --> 00:15:53,257 We don't want a trial. 356 00:15:53,281 --> 00:15:55,084 I paid my insurance. 357 00:15:55,108 --> 00:15:57,086 Someone had an accident on my property, 358 00:15:57,110 --> 00:15:59,611 then why doesn't the insurance company just pay them? 359 00:15:59,635 --> 00:16:01,482 Isn't that what the insurance is for? 360 00:16:01,506 --> 00:16:02,788 No. That's not 361 00:16:02,812 --> 00:16:05,660 what the insurance is for; not in this case. 362 00:16:05,684 --> 00:16:07,053 In this case, 363 00:16:07,077 --> 00:16:10,448 your insurance is here to be the bad guy. 364 00:16:10,472 --> 00:16:12,580 And trust me, you need a bad guy. 365 00:16:12,604 --> 00:16:16,367 In cases like this, society needs a bad guy. 366 00:16:17,293 --> 00:16:18,543 I don't understand. 367 00:16:18,567 --> 00:16:20,501 Mr. Elmasry, you and your wife 368 00:16:20,525 --> 00:16:22,721 did not pay premiums so anyone could come along 369 00:16:22,745 --> 00:16:26,420 and say you owe them money and have it paid by us. 370 00:16:26,444 --> 00:16:29,467 This young man did not have an accident. 371 00:16:29,491 --> 00:16:32,034 An accident is when you go along in your life, 372 00:16:32,058 --> 00:16:34,907 and something unexpected happens. 373 00:16:34,931 --> 00:16:37,910 This young man made an active choice. 374 00:16:37,934 --> 00:16:39,303 He trespassed. 375 00:16:39,327 --> 00:16:42,044 Went somewhere he was not supposed to go. 376 00:16:42,068 --> 00:16:45,439 Sat on something that was never built to support him. 377 00:16:45,463 --> 00:16:48,181 And he fell to the ground as a result. 378 00:16:48,205 --> 00:16:51,706 And now he wants you, or us, 379 00:16:51,730 --> 00:16:55,373 society to pay for what happened to him? 380 00:16:56,039 --> 00:16:57,843 Do you think that's fair? 381 00:16:57,867 --> 00:16:59,627 Do you have $2 million? 382 00:16:59,651 --> 00:17:03,979 $2 million to just hand over to a stranger 383 00:17:04,003 --> 00:17:06,678 who did nothing but violate your rights 384 00:17:06,702 --> 00:17:09,376 and treat your property as his own 385 00:17:09,400 --> 00:17:11,160 just so he could take a picture? 386 00:17:11,597 --> 00:17:15,774 No, I do not, but what about mercy? 387 00:17:16,060 --> 00:17:17,367 What about forgiveness? 388 00:17:17,391 --> 00:17:20,692 Forgiveness is for churches. 389 00:17:20,716 --> 00:17:22,607 Mercy is for charities. 390 00:17:22,631 --> 00:17:24,043 We are a business. 391 00:17:24,067 --> 00:17:27,573 And, like you, we don't have $2 million. 392 00:17:27,597 --> 00:17:30,441 Not to give away to any reckless fool 393 00:17:30,465 --> 00:17:32,138 who thinks the world is just waiting 394 00:17:32,162 --> 00:17:34,730 to see a picture of them put their life at risk. 395 00:17:38,081 --> 00:17:39,363 It's okay. 396 00:17:39,387 --> 00:17:40,494 I know it's hard. 397 00:17:40,518 --> 00:17:42,061 It's not on you. 398 00:17:42,085 --> 00:17:43,367 Like I said, 399 00:17:43,391 --> 00:17:46,549 let us be the bad guy, hmm? 400 00:17:49,310 --> 00:17:51,262 Nice work today, you two. 401 00:17:51,877 --> 00:17:54,029 I will see everyone in the morning. 402 00:17:54,053 --> 00:17:55,403 - Good night. - Good night. 403 00:17:56,491 --> 00:17:57,753 - Good night. - Good night. 404 00:17:59,363 --> 00:18:02,342 So if she's the bad guy, 405 00:18:02,366 --> 00:18:04,368 then what does that make us? 406 00:18:07,523 --> 00:18:10,459 The plaintiff would like to call for its first witness, 407 00:18:10,483 --> 00:18:12,093 James Donovan. 408 00:18:37,479 --> 00:18:39,979 We have any green left at all? 409 00:18:40,003 --> 00:18:43,833 Nope. It's like a forest fire in here. 410 00:18:43,857 --> 00:18:46,377 And would you share, for the jury, 411 00:18:46,401 --> 00:18:49,066 how it was that you came to have the idea 412 00:18:49,067 --> 00:18:50,958 to take a selfie on the roof 413 00:18:50,982 --> 00:18:53,265 of the Flying Carpet Pizza Parlor? 414 00:18:53,289 --> 00:18:54,832 I was with my friends 415 00:18:54,856 --> 00:18:56,529 and we were walking by the restaurant, 416 00:18:56,553 --> 00:18:58,096 and one of them was saying 417 00:18:58,120 --> 00:18:59,837 how much she loved that pizza. 418 00:18:59,861 --> 00:19:02,535 So I thought, "I'm gonna get an amazing selfie 419 00:19:02,559 --> 00:19:04,363 and get her a free slice of pizza." 420 00:19:04,387 --> 00:19:08,130 Hmm. But where did you get the idea to go up on the roof? 421 00:19:09,218 --> 00:19:11,674 Actually, I... I got it from him. 422 00:19:12,051 --> 00:19:14,286 Let the record show that the plaintiff is pointing 423 00:19:14,310 --> 00:19:16,244 - at Amir Elmasry. - He never shared that with me. 424 00:19:18,793 --> 00:19:22,381 And how did Mr. Elmasry come to give you this idea? 425 00:19:22,405 --> 00:19:24,339 To risk your life and limb 426 00:19:24,363 --> 00:19:28,039 by climbing up on the roof of his establishment? 427 00:19:28,651 --> 00:19:30,955 Earlier that day, I was in there 428 00:19:30,979 --> 00:19:33,044 and I saw that they had this contest going 429 00:19:33,068 --> 00:19:34,610 where if you take a selfie 430 00:19:34,634 --> 00:19:36,221 and you post it on social media, 431 00:19:36,245 --> 00:19:37,962 with you standing in front of the store 432 00:19:37,986 --> 00:19:39,833 and the sign that has the pizza 433 00:19:39,857 --> 00:19:41,443 that looks like a flying carpet in the background, 434 00:19:41,467 --> 00:19:43,271 you can qualify to win a free slice. 435 00:19:43,874 --> 00:19:45,447 Any idea where this is going? 436 00:19:45,471 --> 00:19:47,275 - I was hungry, didn't... - No. None. 437 00:19:47,299 --> 00:19:49,190 - So I went outside, - And I have no recollection 438 00:19:49,214 --> 00:19:51,453 - took my phone and shot a selfie. - of ever seeing this kid in my life. 439 00:19:51,477 --> 00:19:54,587 And did you show your photo to the defendant, to Mr. Elmasry? 440 00:19:54,611 --> 00:19:55,675 Yes, I did. 441 00:19:55,699 --> 00:19:57,285 And what happened? 442 00:19:57,309 --> 00:19:58,896 He said he had hundreds of pictures 443 00:19:58,920 --> 00:20:00,941 that looked exactly like mine. 444 00:20:00,965 --> 00:20:04,162 In order for the selfie to win, it had to be different. 445 00:20:05,062 --> 00:20:08,253 Is that why you decided to do something bigger? 446 00:20:08,277 --> 00:20:11,299 Yeah. That was the beginning of it. 447 00:20:11,323 --> 00:20:13,171 That night, when my friend was telling me 448 00:20:13,195 --> 00:20:14,868 how much she loved that pizza, 449 00:20:14,892 --> 00:20:16,696 I thought, "This is my chance." 450 00:20:16,720 --> 00:20:19,525 So I climbed on the roof, and went out to the pizza 451 00:20:19,549 --> 00:20:21,788 to get a really special shot. 452 00:20:22,204 --> 00:20:23,572 Just like he told me. 453 00:20:24,165 --> 00:20:25,748 Thank you, James. 454 00:20:25,772 --> 00:20:28,403 I have no further questions for this witness, Your Honor. 455 00:20:28,427 --> 00:20:30,318 Very well. 456 00:20:30,342 --> 00:20:32,059 Let's take a 20 minute break and then continue 457 00:20:32,083 --> 00:20:33,945 with cross-examination. 458 00:20:35,086 --> 00:20:36,803 So you have no recollection of meeting this boy? 459 00:20:36,827 --> 00:20:39,327 None. I have never seen that boy before. 460 00:20:39,351 --> 00:20:41,677 Not that I can recall, anyway. 461 00:20:41,701 --> 00:20:44,115 Wait a second. What does that mean? 462 00:20:44,139 --> 00:20:46,813 After school, we get 40, 50 kids in the store at a time. 463 00:20:46,837 --> 00:20:48,293 We can't tell one from the other. 464 00:20:48,317 --> 00:20:49,947 They all start to look the same. 465 00:20:49,971 --> 00:20:50,991 Well, they're not all the same. 466 00:20:51,015 --> 00:20:52,558 This one is suing for $2 million. 467 00:20:52,582 --> 00:20:54,059 And he's implying 468 00:20:54,083 --> 00:20:56,170 that you gave him the idea to go up on the roof. 469 00:20:56,194 --> 00:20:58,275 Insinuating that you gave him permission. 470 00:20:58,299 --> 00:20:59,695 Okay, Ms. Kress, forgive me, 471 00:20:59,719 --> 00:21:01,915 but that is a stretch. 472 00:21:01,939 --> 00:21:03,985 And frankly, I don't think it really matters. 473 00:21:04,009 --> 00:21:07,982 Mr. Colón will cross-examine and undo whatever damage he can, 474 00:21:08,006 --> 00:21:11,533 but I assure you, no rational juror 475 00:21:11,557 --> 00:21:12,883 is gonna believe Mr. Elmasry 476 00:21:12,907 --> 00:21:15,015 gave anyone permission, let alone encouraged them, 477 00:21:15,039 --> 00:21:16,538 to get up on his roof. 478 00:21:16,562 --> 00:21:17,888 Not unless they see proof. 479 00:21:18,510 --> 00:21:20,392 Well, I hope you're right. 480 00:21:22,699 --> 00:21:24,372 It's like she keeps forgetting 481 00:21:24,396 --> 00:21:26,331 - who pays who and who works for who. - Mm. 482 00:21:26,355 --> 00:21:28,333 Look, I have no idea 483 00:21:28,357 --> 00:21:30,988 whether that boy is telling the truth or not, but... 484 00:21:31,555 --> 00:21:32,772 like I told Ms. Kress, 485 00:21:32,796 --> 00:21:34,382 at the end of the day, 486 00:21:34,406 --> 00:21:36,558 I don't think it's gonna matter. 487 00:21:37,205 --> 00:21:39,431 Hello, James. Nice to meet you. 488 00:21:39,455 --> 00:21:40,823 Nice to meet you, sir. 489 00:21:40,847 --> 00:21:43,087 I think that everyone here agrees 490 00:21:43,111 --> 00:21:45,263 that what happened to you is tragic. 491 00:21:45,287 --> 00:21:47,961 And I'm fairly certain there isn't a person 492 00:21:47,985 --> 00:21:50,355 in this room that doesn't feel for you. 493 00:21:50,379 --> 00:21:51,922 Thank you. 494 00:21:51,946 --> 00:21:53,358 All right. 495 00:21:53,382 --> 00:21:56,230 Now, you testified under oath 496 00:21:56,254 --> 00:21:59,799 that Mr. Elmasry told you 497 00:21:59,823 --> 00:22:02,628 to come up with a different type of selfie. 498 00:22:03,094 --> 00:22:04,456 That's right. He did. 499 00:22:04,480 --> 00:22:07,415 Ah. Well, I have to be honest with you. 500 00:22:07,439 --> 00:22:10,114 He has no recollection of ever having met you. 501 00:22:10,771 --> 00:22:12,899 And even if he did, he's certain 502 00:22:12,923 --> 00:22:17,077 he didn't actually tell you to go up on a roof. 503 00:22:17,101 --> 00:22:19,297 I mean, is it your testimony here today 504 00:22:19,321 --> 00:22:23,257 that he actually told you to go up on his roof? 505 00:22:24,618 --> 00:22:25,781 Well, no. 506 00:22:25,805 --> 00:22:28,610 In fact, if the evidence is to be believed, 507 00:22:28,634 --> 00:22:32,397 Mr. Elmasry took great pains to keep people off his roof. 508 00:22:32,421 --> 00:22:33,659 Objection, Your Honor. 509 00:22:33,683 --> 00:22:35,356 Calls for speculation. 510 00:22:35,380 --> 00:22:38,055 How is my client supposed to know what kinds of pains 511 00:22:38,079 --> 00:22:40,274 Mr. Elmasry may or may not have taken 512 00:22:40,298 --> 00:22:42,333 to keep people off his roof? 513 00:22:42,357 --> 00:22:45,366 I beg to differ, Your Honor. 514 00:22:45,390 --> 00:22:47,542 In fact, I'll wager 515 00:22:47,566 --> 00:22:50,981 that young James here has a better understanding as to 516 00:22:51,005 --> 00:22:54,985 how tough the Elmasrys made it to get up on that roof 517 00:22:55,009 --> 00:22:57,117 than anyone else alive. 518 00:22:57,359 --> 00:22:58,771 Objection overruled. 519 00:22:58,795 --> 00:23:00,686 You may proceed, Mr. Colón. 520 00:23:00,710 --> 00:23:02,239 Thank you, Your Honor. 521 00:23:02,865 --> 00:23:04,366 Now, James, 522 00:23:05,826 --> 00:23:07,084 you remember this fence? 523 00:23:07,828 --> 00:23:10,435 Uh, uh... I-I don't know. I-I guess so. 524 00:23:10,459 --> 00:23:11,740 Let me refresh your memory. 525 00:23:11,764 --> 00:23:13,786 It's a ten-foot fence. 526 00:23:14,335 --> 00:23:16,093 No way you could have gotten onto that roof 527 00:23:16,117 --> 00:23:17,964 without climbing this first. 528 00:23:18,589 --> 00:23:22,384 Do you remember this lock and chain around the fence? 529 00:23:23,892 --> 00:23:25,981 I-I think... I think I saw it there, yeah. 530 00:23:27,084 --> 00:23:28,670 How about this sign? 531 00:23:28,694 --> 00:23:30,803 You remember this sign? I mean, it was 532 00:23:30,827 --> 00:23:32,631 lit with a big floodlight. 533 00:23:32,934 --> 00:23:34,457 Kind of hard to miss. 534 00:23:36,075 --> 00:23:37,940 - Yeah, I think it was there. - You think so? 535 00:23:37,964 --> 00:23:39,507 Huh? Well, 536 00:23:39,531 --> 00:23:42,554 so, there are signs, there are lights, 537 00:23:42,578 --> 00:23:45,774 there are locks, and there's a ten-foot fence. 538 00:23:46,138 --> 00:23:50,229 What part of "we don't want you here" did you not understand? 539 00:23:52,998 --> 00:23:55,045 I'm sorry. I-I didn't hear an answer, 540 00:23:55,069 --> 00:23:56,872 Your Honor. Nonetheless, 541 00:23:56,896 --> 00:23:59,899 I will withdraw the question and move on to something else. 542 00:24:02,091 --> 00:24:03,756 That look familiar, James? 543 00:24:03,780 --> 00:24:04,967 Yes. 544 00:24:04,991 --> 00:24:06,637 So, what'd you do there? 545 00:24:07,037 --> 00:24:09,537 You move that dumpster up against the wall, 546 00:24:09,561 --> 00:24:11,713 and hoist yourself up on it, 547 00:24:12,070 --> 00:24:14,072 pulled yourself up on the ladder? 548 00:24:15,263 --> 00:24:17,719 Let me remind you that you are under oath. 549 00:24:17,743 --> 00:24:19,373 I'd also like to inform you 550 00:24:19,397 --> 00:24:21,245 that when police and paramedics reported 551 00:24:21,269 --> 00:24:24,117 to the scene that night after your fall, they noted 552 00:24:24,141 --> 00:24:28,165 that the dumpster was in the exact same place you left it... 553 00:24:28,189 --> 00:24:30,950 up against the wall, beneath the ladder. 554 00:24:30,974 --> 00:24:32,517 He is very good. 555 00:24:32,913 --> 00:24:35,433 Did I mention when I found him, he was buck naked in the woods, 556 00:24:35,457 --> 00:24:37,348 nothing but a law book in his hands? 557 00:24:37,372 --> 00:24:39,306 So I'm gonna ask you for the second time. 558 00:24:39,330 --> 00:24:42,701 Did you push that dumpster up against the wall, 559 00:24:42,725 --> 00:24:44,094 hoist yourself up on it, 560 00:24:44,118 --> 00:24:46,400 pull yourself up on the ladder 561 00:24:46,424 --> 00:24:48,881 so that you could have access to the sign 562 00:24:48,905 --> 00:24:52,189 depicting the Flying Carpet Pizza slice? 563 00:24:54,893 --> 00:24:56,193 Yes. Yes, I did. 564 00:24:56,217 --> 00:24:58,020 Yes, you did. 565 00:24:58,497 --> 00:24:59,979 Doesn't sound like it was all that easy 566 00:25:00,003 --> 00:25:01,831 to get up there to me, was it? 567 00:25:02,919 --> 00:25:04,201 No, it wasn't. 568 00:25:05,704 --> 00:25:08,509 Okay. No further questions 569 00:25:08,533 --> 00:25:09,815 for this witness, Your Honor. 570 00:25:09,839 --> 00:25:12,209 You're excused, young man. 571 00:25:12,828 --> 00:25:14,148 Thanks, James. 572 00:25:15,274 --> 00:25:17,562 Can you tell us about your son's physical 573 00:25:17,586 --> 00:25:19,346 condition, Mrs. Donovan? 574 00:25:20,002 --> 00:25:21,609 Um... 575 00:25:21,633 --> 00:25:25,265 James is a... T9 paraplegic. 576 00:25:25,289 --> 00:25:27,180 He suffers 577 00:25:27,204 --> 00:25:30,488 from paralysis in his lower torso and legs. 578 00:25:30,846 --> 00:25:32,751 And what's the prognosis? 579 00:25:33,182 --> 00:25:34,883 Are the doctors offering any hope 580 00:25:35,267 --> 00:25:37,475 that he might some day be able to walk again? 581 00:25:38,563 --> 00:25:41,231 No. No, they're not. 582 00:25:42,698 --> 00:25:44,893 How old is James? 583 00:25:44,917 --> 00:25:47,050 Uh, he's 14. 584 00:25:48,138 --> 00:25:49,487 A child. 585 00:25:49,511 --> 00:25:52,254 Objection. That's up to the jury to decide. 586 00:25:52,504 --> 00:25:54,376 Sustained. 587 00:25:57,365 --> 00:25:59,343 So, what's changed 588 00:25:59,367 --> 00:26:01,780 about your son's life since his fall? 589 00:26:01,804 --> 00:26:03,390 God. 590 00:26:03,414 --> 00:26:05,373 Uh... everything. 591 00:26:06,939 --> 00:26:08,917 He-He's had to relearn 592 00:26:08,941 --> 00:26:10,005 things. 593 00:26:10,029 --> 00:26:12,747 How to use the bathroom. 594 00:26:12,771 --> 00:26:15,272 How to get in and out of a car. 595 00:26:15,296 --> 00:26:18,449 How to navigate getting in and out of his own bed. 596 00:26:18,473 --> 00:26:21,626 And is there someone to assist him with these things? 597 00:26:21,650 --> 00:26:23,715 Just me. 598 00:26:24,733 --> 00:26:25,943 I had to quit my job. 599 00:26:27,402 --> 00:26:29,634 He, uh, he can't really be left alone. 600 00:26:29,658 --> 00:26:31,723 And I'm guessing you're staring 601 00:26:31,747 --> 00:26:34,334 at a lot of new expenses. 602 00:26:34,358 --> 00:26:37,381 Installing ramps to make your home wheelchair accessible? 603 00:26:37,913 --> 00:26:39,078 Buying an appropriate 604 00:26:39,102 --> 00:26:41,602 van so you can transport him places? 605 00:26:41,626 --> 00:26:44,388 Yeah, took out a homeowner loan. 606 00:26:44,753 --> 00:26:46,390 They wouldn't give us enough 607 00:26:46,414 --> 00:26:48,827 to do everything we needed, 608 00:26:49,341 --> 00:26:51,351 but it's a start. 609 00:26:51,691 --> 00:26:53,614 Double-check me. Juror number one looks like 610 00:26:53,638 --> 00:26:56,138 she's about to start a GoFundMe page for James. 611 00:26:56,162 --> 00:26:57,575 What can I tell you? 612 00:26:57,599 --> 00:26:59,229 This is very effective testimony. 613 00:26:59,253 --> 00:27:00,882 If we polled the jury right now, 614 00:27:00,906 --> 00:27:03,320 there is not a chance in hell of our side winning. 615 00:27:03,344 --> 00:27:05,409 And I don't think this jury is inclined 616 00:27:05,433 --> 00:27:08,238 to leave the award at just $2 million. 617 00:27:08,262 --> 00:27:09,848 I have nothing further. 618 00:27:13,532 --> 00:27:15,201 Concede that this is a tragedy, 619 00:27:15,225 --> 00:27:17,899 but remind them that it's not the Elmasrys' fault. 620 00:27:18,787 --> 00:27:20,162 Mrs. Donovan, 621 00:27:20,186 --> 00:27:24,819 before your son suffered these life-changing injuries, 622 00:27:24,843 --> 00:27:27,605 how did he get to and from school every day? 623 00:27:28,714 --> 00:27:30,042 He took the bus. 624 00:27:30,066 --> 00:27:32,000 - New York City bus? - Yes. 625 00:27:32,024 --> 00:27:35,221 And he traveled on public transit alone? 626 00:27:35,637 --> 00:27:37,015 Sometimes. 627 00:27:37,039 --> 00:27:38,964 Would he take the subway alone, too? 628 00:27:39,558 --> 00:27:41,749 - Sure. Sometimes. - Ah. 629 00:27:41,773 --> 00:27:43,621 Did you allow him to hang out 630 00:27:43,645 --> 00:27:45,666 with his best friends after school? 631 00:27:45,690 --> 00:27:47,320 Of course. 632 00:27:47,344 --> 00:27:49,801 Without adult supervision? 633 00:27:50,652 --> 00:27:52,325 Depending on where they were going 634 00:27:52,349 --> 00:27:55,328 and what they were doing, yes. 635 00:27:56,199 --> 00:27:59,767 Ah. Now, James has a two-year-old sister, doesn't he? 636 00:28:00,287 --> 00:28:03,031 Janie. Um, she just turned three. 637 00:28:03,055 --> 00:28:04,816 Ah. My mistake. 638 00:28:04,840 --> 00:28:07,427 And would James ever babysit her? 639 00:28:08,253 --> 00:28:10,300 Uh, from time to time. 640 00:28:10,324 --> 00:28:13,172 So, you trusted him with a toddler? 641 00:28:13,196 --> 00:28:14,826 With his sister. 642 00:28:14,850 --> 00:28:16,480 - Absolutely. - Yes, but 643 00:28:16,504 --> 00:28:18,351 you felt comfortable doing this, 644 00:28:18,375 --> 00:28:21,180 because James was a responsible young man. 645 00:28:21,850 --> 00:28:24,836 You knew he would take his responsibility seriously, 646 00:28:24,860 --> 00:28:28,318 and you trusted his sense of judgement. True? 647 00:28:28,342 --> 00:28:30,668 Objection. Compound question. 648 00:28:30,692 --> 00:28:32,104 Sustained. 649 00:28:32,128 --> 00:28:33,540 Rephrase the question. 650 00:28:34,196 --> 00:28:36,021 Now what you're telling us is, 651 00:28:36,045 --> 00:28:39,764 you treated your son like a young adult. 652 00:28:39,788 --> 00:28:41,200 Objection. 653 00:28:41,224 --> 00:28:42,680 That's not a question. 654 00:28:42,704 --> 00:28:44,595 Because isn't that, in fact, what he is? 655 00:28:45,374 --> 00:28:47,249 Not a toddler that could be 656 00:28:47,273 --> 00:28:49,513 lured into an uncovered swimming pool 657 00:28:49,537 --> 00:28:52,130 by the shiny blue water, 658 00:28:52,627 --> 00:28:54,605 but a young man... 659 00:28:54,629 --> 00:28:56,868 who knows right from wrong. 660 00:28:56,892 --> 00:28:58,696 Who understands when he sees 661 00:28:58,720 --> 00:29:01,176 a sign that says "No Trespassing," 662 00:29:01,200 --> 00:29:03,440 that means "stay away... 663 00:29:03,934 --> 00:29:05,703 for your own good." 664 00:29:06,436 --> 00:29:07,932 Isn't that right, Mrs. Donovan? 665 00:29:07,956 --> 00:29:09,968 Objection. He's badgering the witness. 666 00:29:09,992 --> 00:29:11,358 Oh, that's all right. 667 00:29:12,484 --> 00:29:13,972 You don't have to answer that, Mrs. Donovan. 668 00:29:13,996 --> 00:29:15,654 I know you've been through a lot. 669 00:29:16,989 --> 00:29:18,609 No further questions, Your Honor. 670 00:29:20,728 --> 00:29:21,762 For what it's worth, 671 00:29:21,787 --> 00:29:23,416 now might be an excellent time 672 00:29:23,440 --> 00:29:26,419 to let Ms. Kress know she's getting her money's worth. 673 00:29:26,443 --> 00:29:29,814 I am suddenly staring at three greens and three reds. 674 00:29:31,100 --> 00:29:33,265 What are you so happy about? 675 00:29:33,289 --> 00:29:35,298 Oh, I'm just looking at the jury. 676 00:29:36,932 --> 00:29:38,455 You own half of them now. 677 00:29:39,928 --> 00:29:41,565 Well, what are you bragging about? 678 00:29:41,589 --> 00:29:43,591 That just means your work is only half done. 679 00:29:49,024 --> 00:29:51,263 The plaintiff would like to call Paul Martin 680 00:29:51,287 --> 00:29:53,091 to the stand. 681 00:29:53,483 --> 00:29:55,876 Mr. Martin, could you please 682 00:29:55,900 --> 00:29:58,923 describe your relationship to the Elmasrys? 683 00:29:59,281 --> 00:30:01,447 Well, I live in the neighborhood. 684 00:30:01,471 --> 00:30:04,436 I eat their pizza. It's damn delicious. 685 00:30:04,460 --> 00:30:06,676 Well, any idea who this is? 686 00:30:06,700 --> 00:30:08,715 'Cause the jury is on the edge of their seats. 687 00:30:08,739 --> 00:30:11,761 They handed us an updated witness list when we walked in, 688 00:30:11,785 --> 00:30:14,547 but Amir said he didn't recognize the name. 689 00:30:14,571 --> 00:30:16,288 You recognize him now? 690 00:30:16,312 --> 00:30:18,246 And would you please 691 00:30:18,270 --> 00:30:21,336 tell the jury why you called my office? 692 00:30:21,360 --> 00:30:23,425 Why you reached out to us? 693 00:30:24,222 --> 00:30:25,340 I don't know. 694 00:30:25,364 --> 00:30:28,561 I read about the boy, how he ended up in the wheelchair, 695 00:30:28,585 --> 00:30:30,084 and I felt badly. 696 00:30:30,108 --> 00:30:31,564 Why did you feel badly? 697 00:30:32,247 --> 00:30:34,941 Well... about a year ago, 698 00:30:35,374 --> 00:30:36,961 I'm walking down the sidewalk, 699 00:30:36,985 --> 00:30:40,616 right in front of Amir's place, and bang. 700 00:30:40,640 --> 00:30:42,314 Something falls out of the sky. 701 00:30:42,338 --> 00:30:44,142 I get hit on the head. 702 00:30:44,166 --> 00:30:45,578 Felt like a rock. 703 00:30:45,602 --> 00:30:47,667 Couple of pounds, maybe. 704 00:30:47,691 --> 00:30:49,538 And I'm bleeding. 705 00:30:49,562 --> 00:30:52,933 And it feels like it's gonna be a hell of a bump. 706 00:30:52,957 --> 00:30:54,674 And I look to see what it was. 707 00:30:54,698 --> 00:30:56,894 I pick it up off the sidewalk. 708 00:30:56,918 --> 00:30:59,435 And it's a piece of concrete pepperoni. 709 00:31:00,719 --> 00:31:02,987 Came off Mr. Elmasry's sign. 710 00:31:03,011 --> 00:31:04,466 And did you call 711 00:31:04,490 --> 00:31:06,599 Mr. Elmasry? Tell him what happened? 712 00:31:06,623 --> 00:31:08,079 I didn't have to. 713 00:31:08,103 --> 00:31:10,385 He came running out of the shop. 714 00:31:10,409 --> 00:31:13,040 Took complete responsibility for everything. 715 00:31:13,064 --> 00:31:15,042 Said I should go to the hospital, 716 00:31:15,066 --> 00:31:17,175 get some X-rays, MRI. 717 00:31:17,199 --> 00:31:19,525 Whatever I needed, he'd pay for everything. 718 00:31:19,549 --> 00:31:21,179 And he did. 719 00:31:21,203 --> 00:31:23,616 He just... didn't want me to call the cops. 720 00:31:23,640 --> 00:31:27,228 And he really didn't want me to call my insurance company. 721 00:31:27,494 --> 00:31:30,318 So, it's your testimony 722 00:31:30,342 --> 00:31:33,843 that the Elmasrys were fully aware that their sign... 723 00:31:33,867 --> 00:31:35,758 the structure... was unsound. 724 00:31:35,782 --> 00:31:36,934 That it was a hazard. 725 00:31:36,958 --> 00:31:39,197 Objection. Calls for speculation. 726 00:31:39,221 --> 00:31:40,285 Sustained. 727 00:31:40,309 --> 00:31:42,156 I'll withdraw the question. 728 00:31:42,180 --> 00:31:44,028 So, you did what you were told. 729 00:31:44,511 --> 00:31:46,769 You didn't notify the authorities. 730 00:31:46,793 --> 00:31:48,684 You didn't call your insurance company. 731 00:31:49,099 --> 00:31:50,948 I did not. 732 00:31:51,351 --> 00:31:53,843 And I can't help but wonder if I had 733 00:31:53,867 --> 00:31:55,604 if the city might not have gone over 734 00:31:55,628 --> 00:31:58,433 and inspected, 735 00:31:59,067 --> 00:32:01,262 made them reinforce that sign, 736 00:32:01,286 --> 00:32:04,898 then maybe that boy might be walking today. 737 00:32:06,449 --> 00:32:08,226 Thank you, Mr. Martin. 738 00:32:08,785 --> 00:32:11,185 I have no further questions for this witness. 739 00:32:11,830 --> 00:32:13,057 What's the damage? 740 00:32:13,081 --> 00:32:15,953 I am afraid we are hanging on by a single green thread. 741 00:32:20,610 --> 00:32:22,066 What are you... what are you doing? 742 00:32:22,090 --> 00:32:23,937 What does it look like I'm doing? I'm leaving. 743 00:32:23,961 --> 00:32:25,330 Where you going? 744 00:32:25,354 --> 00:32:27,071 Can it at least wait until we break for the day? 745 00:32:27,095 --> 00:32:29,160 Nice to meet you, Mr. Martin. 746 00:32:29,184 --> 00:32:32,163 Thank you for coming in today. 747 00:32:33,536 --> 00:32:35,451 I still can't believe she did it. 748 00:32:36,887 --> 00:32:38,865 And she didn't say anything to you? 749 00:32:38,889 --> 00:32:41,128 Didn't explain herself to you? Just got up and left? 750 00:32:41,152 --> 00:32:42,869 The minute a bad fact came out, 751 00:32:42,893 --> 00:32:44,784 she grabbed her bag and headed for the door. 752 00:32:44,808 --> 00:32:47,961 Well, do you want to call her, or should I? 753 00:32:47,985 --> 00:32:50,426 I've been calling every ten minutes. 754 00:32:55,601 --> 00:32:56,863 Something we said? 755 00:33:04,418 --> 00:33:07,763 Immunity Insurance is no longer your partner in this case. 756 00:33:07,787 --> 00:33:09,678 Excuse me? 757 00:33:10,013 --> 00:33:12,203 You brought this case to us. 758 00:33:12,599 --> 00:33:13,900 We were misled. 759 00:33:13,924 --> 00:33:16,511 We were given inaccurate information. 760 00:33:16,535 --> 00:33:18,905 What kind of inaccurate information? 761 00:33:19,272 --> 00:33:20,646 Mr. and Mrs. Elmasry 762 00:33:20,670 --> 00:33:23,127 reapplied for their insurance eight months ago. 763 00:33:23,151 --> 00:33:25,781 And at that time, they were specifically asked 764 00:33:25,805 --> 00:33:29,133 if there had been any accidents on the premises, 765 00:33:29,657 --> 00:33:31,135 and they said no. 766 00:33:31,159 --> 00:33:32,353 You can't be serious. 767 00:33:32,377 --> 00:33:33,746 As far as we're concerned, 768 00:33:33,770 --> 00:33:35,052 the Elmasrys committed fraud. 769 00:33:35,076 --> 00:33:37,271 They're lucky we don't press criminal charges. 770 00:33:37,295 --> 00:33:38,577 Criminal charges? 771 00:33:38,601 --> 00:33:40,013 Their lack of honesty 772 00:33:40,037 --> 00:33:41,493 voids the policy, 773 00:33:41,517 --> 00:33:45,236 which means the insurer has no obligation to pay a dime, 774 00:33:45,260 --> 00:33:48,369 which means that we are withdrawing from the lawsuit. 775 00:33:48,393 --> 00:33:51,068 And that's it? You find a loophole, 776 00:33:51,092 --> 00:33:53,548 a way of avoiding paying out on the policy, 777 00:33:53,572 --> 00:33:56,464 and you just... dump your client? 778 00:33:56,935 --> 00:33:58,553 Do you at least refund them 779 00:33:58,577 --> 00:34:00,144 their premium? 780 00:34:06,690 --> 00:34:08,563 If you get me your bill with the charges to date, 781 00:34:08,587 --> 00:34:10,348 I'll see that it's paid promptly. 782 00:34:10,372 --> 00:34:13,220 Just curious. Shall I say goodbye 783 00:34:13,244 --> 00:34:14,613 to the Elmasrys for you? 784 00:34:18,597 --> 00:34:20,817 I take that as a no. 785 00:34:22,125 --> 00:34:24,125 _ 786 00:34:24,893 --> 00:34:26,871 It's about as good a closing argument 787 00:34:26,895 --> 00:34:28,307 as I've ever read. 788 00:34:28,331 --> 00:34:29,656 Thank you. 789 00:34:29,968 --> 00:34:31,353 I don't think it's gonna make 790 00:34:31,377 --> 00:34:32,929 a damn bit of difference. 791 00:34:33,510 --> 00:34:35,488 The other side has a boy in a wheelchair, 792 00:34:35,512 --> 00:34:37,185 and that's gonna be tough to beat. 793 00:34:37,209 --> 00:34:40,353 The Elmasrys are gonna lose their shirts, aren't they? 794 00:34:41,039 --> 00:34:44,758 Jury's gonna hand down some crazy judgment, 795 00:34:44,782 --> 00:34:46,543 and because they have no insurance, 796 00:34:46,567 --> 00:34:48,778 the family's gonna be forced to sell everything. 797 00:34:49,988 --> 00:34:51,634 Including the business. 798 00:34:51,658 --> 00:34:53,245 Looks that way. 799 00:34:55,118 --> 00:34:56,995 Everybody's ready. 800 00:34:57,403 --> 00:34:59,294 I know you guys are trying to figure out 801 00:34:59,318 --> 00:35:01,427 whether to rest your case or not. 802 00:35:01,451 --> 00:35:04,256 I'm just not sure I'm gonna really be of any help. 803 00:35:04,280 --> 00:35:05,822 Um, I interviewed 804 00:35:05,846 --> 00:35:08,310 the other two kids that were with James that night, 805 00:35:08,334 --> 00:35:10,218 effectively the only two witnesses, 806 00:35:10,242 --> 00:35:12,699 and neither of them have anything to say 807 00:35:12,723 --> 00:35:13,918 that's gonna matter. 808 00:35:13,942 --> 00:35:15,745 Yeah, well, we assumed as much. 809 00:35:15,769 --> 00:35:17,312 Although, there was 810 00:35:17,336 --> 00:35:19,286 this one thing that's kind of weird, actually. 811 00:35:19,310 --> 00:35:22,404 Um, according to the girl that was with them, 812 00:35:22,428 --> 00:35:23,971 Makayla Newton, 813 00:35:23,995 --> 00:35:26,800 James had never been to that pizza parlor before. 814 00:35:26,824 --> 00:35:28,497 So when he testified 815 00:35:28,521 --> 00:35:29,934 that he had shown Amir that selfie 816 00:35:29,958 --> 00:35:31,936 and Amir said wasn't good enough, 817 00:35:32,238 --> 00:35:33,894 he essentially lied. 818 00:35:33,918 --> 00:35:35,722 So he perjured himself. 819 00:35:35,746 --> 00:35:37,245 Why? 820 00:35:37,269 --> 00:35:39,160 - What did he have to gain? - Who knows? 821 00:35:39,184 --> 00:35:40,814 Maybe he was embarrassed that his stunt 822 00:35:40,838 --> 00:35:43,425 ended up causing so much pain to so many people. 823 00:35:43,449 --> 00:35:45,036 Maybe he didn't have the courage 824 00:35:45,060 --> 00:35:47,516 to tell his mother he thought it up all by himself. 825 00:35:47,540 --> 00:35:49,151 - Yeah. - Whatever. 826 00:35:49,175 --> 00:35:52,130 I'm not gonna alienate the jury by charging him with perjury, 827 00:35:52,154 --> 00:35:54,262 'cause we can't prove it, anyway. 828 00:35:54,286 --> 00:35:57,091 Like I said, nothing that matters. 829 00:35:57,597 --> 00:35:59,615 Anything from this side of the table? 830 00:35:59,639 --> 00:36:01,052 All I can tell you is the jury 831 00:36:01,076 --> 00:36:03,402 is itching to give that boy a huge award. 832 00:36:03,426 --> 00:36:04,751 I think it's gonna make 833 00:36:04,775 --> 00:36:06,709 the original $2 million settlement offer 834 00:36:06,733 --> 00:36:08,059 look like the deal of the century. 835 00:36:08,083 --> 00:36:09,495 I second that. 836 00:36:09,984 --> 00:36:11,192 Taylor. 837 00:36:11,216 --> 00:36:14,282 Tell me you hacked into Immunity Insurance e-mail 838 00:36:14,306 --> 00:36:17,633 and found a smoking gun that will change everything. 839 00:36:17,657 --> 00:36:19,635 I hacked into Immunity Insurance's e-mail 840 00:36:19,659 --> 00:36:21,237 and found a smoking gun, something that just might 841 00:36:21,261 --> 00:36:23,161 - change everything. - Really? 842 00:36:23,185 --> 00:36:25,293 No. But what I did find 843 00:36:25,317 --> 00:36:27,580 is very disappointing on a human level. 844 00:36:29,626 --> 00:36:32,126 Everyone at that insurance company agreed with you guys. 845 00:36:32,150 --> 00:36:33,954 There must be dozens of e-mails in there 846 00:36:33,978 --> 00:36:35,434 saying that the $2 million number 847 00:36:35,458 --> 00:36:37,218 is a fair and reasonable one 848 00:36:37,242 --> 00:36:38,651 and that Avery should move on it. 849 00:36:38,675 --> 00:36:39,845 And? 850 00:36:39,869 --> 00:36:41,209 And Avery argued back 851 00:36:41,233 --> 00:36:43,181 that while it would be a good offer for the plaintiff 852 00:36:43,205 --> 00:36:45,531 and would obviously have taken the Elmasrys off the hook, 853 00:36:45,555 --> 00:36:47,837 it was bad for Immunity Insurance. 854 00:36:47,861 --> 00:36:50,014 Would set a horrible legal precedent 855 00:36:50,038 --> 00:36:52,494 and would only reinforce the idea that people, 856 00:36:52,518 --> 00:36:55,845 especially young people who indulge in risky behavior, 857 00:36:55,869 --> 00:36:58,848 can expect big cash payouts if they have an accident. 858 00:36:58,872 --> 00:37:00,937 That they needed to draw a line in the sand. 859 00:37:00,961 --> 00:37:02,596 That this was the case to do it with. 860 00:37:02,620 --> 00:37:05,203 Well, I suppose it's their right. 861 00:37:05,665 --> 00:37:07,901 Actually, I'm not sure it is. 862 00:37:07,925 --> 00:37:09,685 Benny, call down to the courthouse, 863 00:37:09,709 --> 00:37:12,384 see if you can't postpone today. 864 00:37:12,408 --> 00:37:15,126 I want to call another settlement meeting. 865 00:37:15,150 --> 00:37:17,258 Really? With who? 866 00:37:17,282 --> 00:37:19,795 With James and his mother and the Elmasrys 867 00:37:19,819 --> 00:37:22,033 - and Avery. - Avery? 868 00:37:22,057 --> 00:37:24,072 But she and her company withdrew from the case. 869 00:37:24,096 --> 00:37:25,701 I know. 870 00:37:25,725 --> 00:37:28,269 Tell her I need her here. 871 00:37:28,293 --> 00:37:30,228 Uh, tell her it's about the bill. 872 00:37:30,252 --> 00:37:32,012 I don't care. Just get her over here. 873 00:37:32,036 --> 00:37:33,405 What time were you thinking? 874 00:37:33,429 --> 00:37:35,581 I was thinking the others should be here at 2:00. 875 00:37:35,605 --> 00:37:37,780 Have Avery be here at 1:00. 876 00:37:40,784 --> 00:37:42,849 - Ms. Kress. - Yes? 877 00:37:42,873 --> 00:37:45,919 Dr. Bull and Mr. Colón are waiting for you. 878 00:37:48,933 --> 00:37:50,519 Dr. Bull. 879 00:37:50,544 --> 00:37:52,131 Mr. Colón. 880 00:37:52,545 --> 00:37:54,252 Am I on trial? 881 00:37:54,276 --> 00:37:56,558 Ms. Kress. Of course not. 882 00:37:56,582 --> 00:37:58,169 Well, what's so pressing? 883 00:37:58,193 --> 00:38:00,388 This can't really be about your bill. 884 00:38:00,412 --> 00:38:03,913 Looks like you have every toy that a lawyer 885 00:38:03,937 --> 00:38:06,307 or a trial scientist could fit in here. 886 00:38:06,331 --> 00:38:07,874 No, we just wanted to invite you 887 00:38:07,898 --> 00:38:09,005 to a little settlement conference 888 00:38:09,029 --> 00:38:10,442 we're putting together. 889 00:38:10,466 --> 00:38:13,793 Yeah. Your old clients the Elmasrys will be there. 890 00:38:13,817 --> 00:38:15,768 So will the attorney for James Donovan. 891 00:38:15,792 --> 00:38:17,560 We didn't want you to feel left out. 892 00:38:18,691 --> 00:38:20,800 Huh. I-I'm confused. 893 00:38:20,824 --> 00:38:24,195 You know I withdrew from this case. 894 00:38:24,219 --> 00:38:27,198 You know Immunity no longer insures the Elmasrys. 895 00:38:27,222 --> 00:38:28,590 We know. 896 00:38:28,614 --> 00:38:31,593 We just thought you might want to reconsider. 897 00:38:31,617 --> 00:38:33,595 Really? Why? 898 00:38:33,619 --> 00:38:37,077 Oh, a little legal thing called bad faith. 899 00:38:37,632 --> 00:38:40,123 Are you two accusing me of something? 900 00:38:40,147 --> 00:38:42,213 We're offering you a second chance. 901 00:38:42,237 --> 00:38:45,129 And those don't come around very often, 902 00:38:45,153 --> 00:38:47,392 so let's review your options. Option one. 903 00:38:47,416 --> 00:38:49,394 We continue with the trial, 904 00:38:49,418 --> 00:38:52,179 and the jury finds in favor of James 905 00:38:52,203 --> 00:38:55,051 to the tune of maybe $8 million? 906 00:38:55,075 --> 00:38:56,618 And the Elmasrys don't have $8 million. 907 00:38:56,642 --> 00:38:58,229 So then, 908 00:38:58,253 --> 00:39:01,125 with our help, they sue you. 909 00:39:02,213 --> 00:39:03,451 For? 910 00:39:03,475 --> 00:39:05,236 The aforementioned bad faith. 911 00:39:05,260 --> 00:39:07,977 Oh, did we forget to mention that... 912 00:39:08,001 --> 00:39:10,066 we've got a dozen e-mails here 913 00:39:10,090 --> 00:39:12,808 that say your company was fully aware 914 00:39:12,832 --> 00:39:15,855 of the $2 million offer that you originally gave 915 00:39:15,879 --> 00:39:18,945 and found it completely reasonable. Better than reasonable, 916 00:39:18,969 --> 00:39:21,382 considering it is an insurance company 917 00:39:21,406 --> 00:39:25,560 going up against a teenager in a wheelchair. 918 00:39:25,584 --> 00:39:27,736 But you turned it down. 919 00:39:27,760 --> 00:39:29,651 Not because you were trying to do 920 00:39:29,675 --> 00:39:30,824 what's best for the Elmasrys 921 00:39:30,848 --> 00:39:33,264 but because your company was trying to prove a point. 922 00:39:33,288 --> 00:39:35,657 A point you apparently were willing to make 923 00:39:35,681 --> 00:39:37,006 at your client's expense, 924 00:39:37,030 --> 00:39:39,748 which is not the way it's supposed to be done. 925 00:39:40,111 --> 00:39:41,446 Isn't it? 926 00:39:41,470 --> 00:39:43,099 You know as well as I do 927 00:39:43,123 --> 00:39:45,145 insurance companies aren't in the business of paying out 928 00:39:45,169 --> 00:39:47,060 just so everyone can feel good. 929 00:39:47,084 --> 00:39:49,769 That boy was old enough to understand his actions. 930 00:39:49,793 --> 00:39:52,322 We were perfectly within our rights to litigate. 931 00:39:52,346 --> 00:39:53,893 But you did not litigate. 932 00:39:53,917 --> 00:39:56,025 You walked out halfway through. 933 00:39:56,460 --> 00:39:58,099 The Elmasrys lied. 934 00:39:58,123 --> 00:40:01,727 The Elmasrys tried to save you and themselves some money 935 00:40:01,751 --> 00:40:03,729 because they knew if they filed a claim, 936 00:40:03,753 --> 00:40:05,494 you would raise their rates. 937 00:40:06,625 --> 00:40:07,602 And we would have. 938 00:40:07,626 --> 00:40:08,908 And you know 939 00:40:08,932 --> 00:40:11,650 damn well if you voided every policy you sold 940 00:40:11,674 --> 00:40:14,653 because the insured failed to file a claim, 941 00:40:14,677 --> 00:40:16,916 you'd have virtually no customers. 942 00:40:17,481 --> 00:40:18,918 You got into this trial 943 00:40:18,942 --> 00:40:20,833 and quickly realized what I told you is true. 944 00:40:20,857 --> 00:40:23,488 It is almost impossible to win 945 00:40:23,512 --> 00:40:26,839 against a minor in a wheelchair, no matter how he got there. 946 00:40:26,863 --> 00:40:29,189 And so you started looking for a loophole, 947 00:40:29,213 --> 00:40:31,974 any loophole, that would let you walk away. 948 00:40:31,998 --> 00:40:34,281 You acted in bad faith. 949 00:40:34,305 --> 00:40:36,764 You weren't looking out for the people you agreed to insure. 950 00:40:36,788 --> 00:40:40,113 You were looking out for yourself and your company. 951 00:40:40,137 --> 00:40:42,594 And New York state law is very clear. 952 00:40:42,618 --> 00:40:44,465 If Immunity Insurance acted in bad faith, 953 00:40:44,489 --> 00:40:45,901 they are on the hook 954 00:40:45,925 --> 00:40:48,426 for whatever number the jury comes up with. 955 00:40:48,450 --> 00:40:50,254 And I got to tell you, 956 00:40:50,278 --> 00:40:52,497 they're gonna come up with a whopper. 957 00:40:53,633 --> 00:40:56,109 Which brings us to your other option. 958 00:40:57,165 --> 00:40:58,518 Why don't you come upstairs with us 959 00:40:58,542 --> 00:41:00,481 before the jury comes back with a verdict? 960 00:41:00,505 --> 00:41:02,483 Give that boy $4 million, 961 00:41:02,507 --> 00:41:05,138 $2 million more than the original offer, 962 00:41:05,162 --> 00:41:07,836 and let the Elmasrys keep their business, 963 00:41:07,860 --> 00:41:09,360 and we can just... 964 00:41:09,384 --> 00:41:11,255 make this whole thing go away. 965 00:41:12,281 --> 00:41:13,823 You know, Bull, 966 00:41:13,848 --> 00:41:17,611 if we sue Immunity on behalf of the Elmasrys, 967 00:41:17,740 --> 00:41:20,066 I'm betting discovery would come up 968 00:41:20,090 --> 00:41:22,155 with a whole lot more interesting e-mails. 969 00:41:22,179 --> 00:41:23,686 Hmm. Benny. 970 00:41:23,710 --> 00:41:25,841 You just might be onto something. 971 00:41:27,802 --> 00:41:30,946 If you're right about the jury, 972 00:41:30,970 --> 00:41:32,818 if you're really convinced 973 00:41:32,842 --> 00:41:35,081 that they're going to ask for $8 million, 974 00:41:35,105 --> 00:41:38,606 why would the plaintiff settle for $4 million? 975 00:41:38,630 --> 00:41:39,912 Well, it turns out 976 00:41:39,936 --> 00:41:41,957 he wasn't completely truthful on the stand, 977 00:41:41,981 --> 00:41:44,768 and once I tell his attorney we're gonna go and talk 978 00:41:44,792 --> 00:41:48,486 to the judge about it, I think she's gonna settle right away. 979 00:41:48,510 --> 00:41:50,199 Shall we head up? 980 00:41:51,325 --> 00:41:52,664 Let's. 981 00:41:52,688 --> 00:41:55,275 Hey! Anybody else hungry? 982 00:41:55,299 --> 00:41:57,432 Anybody else feel like pizza? 983 00:41:59,126 --> 00:42:02,802 Maybe we can get the Elmasrys to bring a pie over with them. 984 00:42:02,827 --> 00:42:04,413 Is it really that good? 985 00:42:04,438 --> 00:42:06,416 Oh, I hear it's great. 986 00:42:06,441 --> 00:42:07,766 Call them. 987 00:42:07,920 --> 00:42:09,550 You're kind of pushy, you know that? 988 00:42:09,575 --> 00:42:11,727 Hey. You don't have to like her. 989 00:42:12,055 --> 00:42:13,723 You just have to defend her. 72444

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