All language subtitles for Bull.2016.S04E09.HDTV.x264-KILLERS[eztv]

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

I had those when
I was, like, six.

Hey, they're vintage, dude.

Have you two been here before?

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?

Banking myself
a piece of pizza.

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.

Advertise your product or brand here
contact www.OpenSubtitles.org today

Hey.

Ah-ha-ha.
I'm impressed.

Nice, James.

Come on down, James.

Somebody's gonna come by
and hear us.

Give me a second.

Oh, my God.

I can't look.

James!

Oh, my God.

James!

James?

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.
- 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?

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.

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.
- 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.

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.

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?

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.

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.

*BULL (2016)*
Season 04 Episode 09

*BULL (2016)*
Episode Title :"The Flying Carpet"

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.

What a nightmare.

Will this kid
ever walk again?

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.

Pleasure to meet you both.

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?

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.

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?

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?

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.

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.

We have any green
left at all?

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

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.

Let the record show
that the plaintiff is pointing

at Amir Elmasry.
He never shared that with me.

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?

I was hungry, didn't have quiet
nough 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.

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.

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.

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.

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.

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?

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?

Yes. Yes, I did.

Yes, you did.

Doesn't sound like
it was all that easy

to get up there to me,
was it?

No, it wasn't.

Okay. No further questions

for this witness,
Your Honor.

You're excused,

young man.

Thanks, James.

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?

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?

God.

Uh... everything.

He-He's had to relearn

things.

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.

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.

I have nothing further.

Concede that this
is a tragedy,

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

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.

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.

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.

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?

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.

Came off
Mr. Elmasry's sign.

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.

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.

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?

Nice to meet you, Mr. Martin.

Thank you
for coming in today.

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.

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?

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?

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.

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.

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?
- 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.
- 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.

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.

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.

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.

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.

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.

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.
Captioned by

Media Access Group at WGBH
Sync corrections by srjanapala

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