1 00:00:03,367 --> 00:00:05,108 I really can't believe you spent money on that. 2 00:00:05,160 --> 00:00:06,596 I had those when I was, like, six. 3 00:00:06,684 --> 00:00:08,597 Hey, they're vintage, dude. 4 00:00:10,435 --> 00:00:12,002 Have you two been here before? 5 00:00:14,191 --> 00:00:15,330 Mm, Amir's? 6 00:00:15,418 --> 00:00:16,737 Never been here. 7 00:00:17,291 --> 00:00:18,330 Is it good? 8 00:00:18,707 --> 00:00:19,824 Oh, man. 9 00:00:20,065 --> 00:00:22,300 Oh, and they do this thing, it's like a contest. 10 00:00:22,388 --> 00:00:24,119 You take a selfie with the slice of pizza 11 00:00:24,207 --> 00:00:25,845 in the shot, and if the owner likes it, 12 00:00:25,933 --> 00:00:27,644 you get a free slice of pizza. 13 00:00:28,000 --> 00:00:29,144 Okay. 14 00:00:29,806 --> 00:00:30,981 Wh-What are you doing? 15 00:00:31,069 --> 00:00:32,766 Banking myself a piece of pizza. 16 00:00:36,191 --> 00:00:38,017 What do you think? That isn't going 17 00:00:38,105 --> 00:00:39,650 to get you a glass of water. 18 00:00:39,738 --> 00:00:41,137 They've got hundreds of pictures in there 19 00:00:41,224 --> 00:00:43,332 all over the wall that look just like that one. 20 00:00:44,432 --> 00:00:45,933 Stay right here. 21 00:01:41,005 --> 00:01:42,005 Hey. 22 00:01:42,269 --> 00:01:44,677 Ah-ha-ha. I'm impressed. 23 00:01:44,824 --> 00:01:46,433 Nice, James. 24 00:01:55,847 --> 00:01:56,994 Come on down, James. 25 00:01:57,081 --> 00:01:59,434 Somebody's gonna come by and hear us. 26 00:01:59,625 --> 00:02:01,051 Give me a second. 27 00:02:06,090 --> 00:02:07,613 Oh, my God. 28 00:02:07,768 --> 00:02:09,334 I can't look. 29 00:02:19,632 --> 00:02:20,856 James! 30 00:02:24,972 --> 00:02:26,022 Oh, my God. 31 00:02:26,110 --> 00:02:27,684 James! 32 00:02:29,176 --> 00:02:30,285 James? 33 00:02:30,480 --> 00:02:34,371 My client was a healthy, vibrant 14-year-old boy. 34 00:02:34,895 --> 00:02:36,895 He loved to play baseball, 35 00:02:37,051 --> 00:02:38,559 go rock climbing, 36 00:02:38,988 --> 00:02:41,590 swimming in the summer, sledding in the winter. 37 00:02:41,879 --> 00:02:43,867 Now he has to spend the rest of his life 38 00:02:43,954 --> 00:02:46,119 - in a wheelchair. - And my client, 39 00:02:46,207 --> 00:02:49,746 Immunity Insurance, shares your sense of despair about that. 40 00:02:50,047 --> 00:02:53,137 But... nonetheless, this is clearly a tragedy 41 00:02:53,224 --> 00:02:55,238 of your client's own making. 42 00:02:55,326 --> 00:02:58,175 No one asked him to climb up on that roof. 43 00:02:58,263 --> 00:03:01,001 No one compelled him to sit on a piece of signage 44 00:03:01,089 --> 00:03:04,089 that was clearly not meant to support his weight. 45 00:03:04,190 --> 00:03:05,757 So why are we here? 46 00:03:06,063 --> 00:03:08,152 Why invite us to a settlement conference 47 00:03:08,239 --> 00:03:10,214 if you have no intention of settling? 48 00:03:10,302 --> 00:03:12,011 Ask the court. 49 00:03:12,230 --> 00:03:15,957 As the insurers for Amir's Flying Carpet Pizza Parlor, 50 00:03:16,175 --> 00:03:18,510 my company has decided to take the position 51 00:03:18,597 --> 00:03:22,166 that we bear no liability for James Donovan's injuries, 52 00:03:22,464 --> 00:03:25,675 regardless of how tragic they are. 53 00:03:26,093 --> 00:03:27,094 Seriously? 54 00:03:27,182 --> 00:03:28,226 Seriously. 55 00:03:28,314 --> 00:03:30,012 We're prepared to go to trial. 56 00:03:30,160 --> 00:03:31,636 I should have assumed as much 57 00:03:31,724 --> 00:03:35,032 when you invited us to a meeting at a trial science company. 58 00:03:35,175 --> 00:03:37,480 We sympathize with James 59 00:03:37,572 --> 00:03:40,308 and his family, but we also believe 60 00:03:40,396 --> 00:03:42,668 that any rational jury will find 61 00:03:42,756 --> 00:03:44,176 that the owners of the establishment, 62 00:03:44,263 --> 00:03:47,214 the Elmasry family, have done nothing wrong. 63 00:03:47,302 --> 00:03:50,087 The fact is, your client was trespassing. 64 00:03:50,357 --> 00:03:52,082 No. No, I'm sorry. 65 00:03:52,170 --> 00:03:54,097 Your client was negligent. 66 00:03:54,437 --> 00:03:58,417 They installed a giant, illuminated slice of pizza 67 00:03:58,505 --> 00:04:00,527 on top of a two-story building. 68 00:04:00,900 --> 00:04:03,472 It practically screamed to children, "Climb me." 69 00:04:03,792 --> 00:04:06,152 I gather you're planning to invoke 70 00:04:06,240 --> 00:04:08,460 the attractive nuisance doctrine? 71 00:04:08,647 --> 00:04:10,074 If the shoe fits. 72 00:04:10,162 --> 00:04:12,230 - It doesn't. - If I may... 73 00:04:12,440 --> 00:04:13,767 interject. 74 00:04:13,855 --> 00:04:15,863 The fact that we are having 75 00:04:15,951 --> 00:04:18,845 the meeting here does not automatically negate 76 00:04:18,933 --> 00:04:19,997 the possibility of a settlement, 77 00:04:20,084 --> 00:04:22,696 or I would not have agreed to host it. 78 00:04:22,796 --> 00:04:25,402 Secondly, the attractive nuisance doctrine 79 00:04:25,490 --> 00:04:27,035 to which you are referring 80 00:04:27,215 --> 00:04:29,129 is intended to protect toddlers 81 00:04:29,217 --> 00:04:31,722 from being lured into hazardous situations, 82 00:04:31,810 --> 00:04:35,248 like an unfenced pool or a broken trampoline. 83 00:04:35,730 --> 00:04:37,371 Your client is not a toddler, 84 00:04:37,458 --> 00:04:39,339 and this is not one of those situations. 85 00:04:39,615 --> 00:04:41,806 James Donovan had enough physical strength 86 00:04:41,894 --> 00:04:42,899 and mental acuity 87 00:04:42,986 --> 00:04:46,894 to ignore large, illuminated signage, 88 00:04:47,496 --> 00:04:49,425 scale a chain-link fence, 89 00:04:49,513 --> 00:04:53,707 climb a two-story building and hoist himself upon a roof. 90 00:04:54,127 --> 00:04:56,222 You can't blame that on the Elmasrys. 91 00:04:56,310 --> 00:04:58,175 The Elmasrys lured him in 92 00:04:58,263 --> 00:05:02,230 with their "selfie gets you a free slice" promotion. 93 00:05:02,365 --> 00:05:04,941 They created a social media campaign 94 00:05:05,170 --> 00:05:08,271 that encouraged children to compete 95 00:05:08,359 --> 00:05:11,405 to see who could take the most attention-getting selfie. 96 00:05:11,652 --> 00:05:13,451 Nowhere in their entreaties did it say: 97 00:05:13,538 --> 00:05:15,019 "Do not climb on our building." 98 00:05:15,107 --> 00:05:20,035 Okay. The court mandated a pretrial settlement conference. 99 00:05:20,379 --> 00:05:22,066 We have conferred. 100 00:05:22,154 --> 00:05:24,871 Now give us your demands so we can be done with it. 101 00:05:25,149 --> 00:05:28,152 We know that the Elmasrys' policy with Immunity Insurance 102 00:05:28,240 --> 00:05:30,372 is capped at $2 million. 103 00:05:30,599 --> 00:05:34,269 We also know how lengthy and expensive litigation will be. 104 00:05:35,027 --> 00:05:37,954 With that in mind, the Donovans are prepared 105 00:05:38,041 --> 00:05:41,136 to settle for the full $2 million. 106 00:05:41,519 --> 00:05:43,238 Well, thank you for coming by. 107 00:05:43,450 --> 00:05:45,495 Don't you at least want to run it up the flagpole 108 00:05:45,583 --> 00:05:46,761 before rejecting it? 109 00:05:46,849 --> 00:05:48,502 I amthe flagpole. 110 00:05:48,894 --> 00:05:52,207 Of course, I will run it by the Elmasrys, 111 00:05:52,295 --> 00:05:54,668 but I already know what the answer will be. 112 00:05:55,834 --> 00:05:57,487 See you in court. 113 00:06:07,402 --> 00:06:10,410 $2 million would have been a pretty good resolution. 114 00:06:10,910 --> 00:06:12,189 You didn't even counter. 115 00:06:12,277 --> 00:06:13,458 We probably could have gotten them 116 00:06:13,545 --> 00:06:15,379 down to about a million and a half. 117 00:06:15,467 --> 00:06:17,818 That's why I hired the two of you. 118 00:06:18,183 --> 00:06:20,019 We're gonna get them down to nothing. 119 00:06:20,558 --> 00:06:21,894 Ms. Kress, 120 00:06:21,982 --> 00:06:23,783 uh, I'm gonna be honest with you. 121 00:06:23,871 --> 00:06:24,895 We're thrilled to have your business, 122 00:06:24,982 --> 00:06:27,916 thrilled to do all we can to help you and your company 123 00:06:28,004 --> 00:06:30,199 achieve legal success in this case, but... 124 00:06:30,767 --> 00:06:32,421 Mr. Colón is right. 125 00:06:32,703 --> 00:06:35,410 I'd seriously ask you to reconsider their proposal 126 00:06:35,498 --> 00:06:37,413 and avoid trial. 127 00:06:37,785 --> 00:06:40,433 This is a trial science company. 128 00:06:40,521 --> 00:06:42,915 I thought you were all about going to trial. 129 00:06:43,118 --> 00:06:44,379 I don't understand. 130 00:06:44,467 --> 00:06:46,774 Well, Ms. Kress, put yourself in the jury's shoes. 131 00:06:47,152 --> 00:06:49,642 Every morning they walk into that court, 132 00:06:49,730 --> 00:06:51,668 and they see a boy in a wheelchair. 133 00:06:51,822 --> 00:06:53,738 Then they look to the other side of the courtroom, 134 00:06:53,825 --> 00:06:57,869 and they see you, me and Dr. Bull doing everything we can 135 00:06:57,957 --> 00:07:01,332 to avoid giving that boy money your company can easily afford. 136 00:07:01,465 --> 00:07:03,916 Money your customers, the very nice family 137 00:07:04,004 --> 00:07:05,168 who own the pizza parlor, 138 00:07:05,256 --> 00:07:07,340 have every right to expect you to pay on their behalf. 139 00:07:07,427 --> 00:07:09,205 This is a premises liability suit. 140 00:07:09,293 --> 00:07:11,293 How many hundreds of these do you deal with a week? 141 00:07:11,786 --> 00:07:13,074 Many hundreds. 142 00:07:13,271 --> 00:07:15,126 Then explain the math to me, 143 00:07:15,214 --> 00:07:16,597 'cause I can't quite figure it out. 144 00:07:16,685 --> 00:07:18,992 You'd rather give my company a million dollars 145 00:07:19,080 --> 00:07:21,455 and spend all the other costs 146 00:07:21,543 --> 00:07:23,929 associated with taking this thing to court... 147 00:07:24,168 --> 00:07:26,574 than give a crippled child $2 million? 148 00:07:26,662 --> 00:07:29,785 Oh, it isn't that that we take issue with. 149 00:07:29,873 --> 00:07:32,011 It's the selfie of it all. 150 00:07:32,298 --> 00:07:35,613 You would be shocked how many people are injured or killed 151 00:07:35,722 --> 00:07:39,275 doing something that requires all of their attention 152 00:07:39,363 --> 00:07:41,418 while pointing a phone at themselves. 153 00:07:41,506 --> 00:07:42,725 Oh, I know. 154 00:07:43,107 --> 00:07:44,892 People fall into the Grand Canyon. 155 00:07:45,081 --> 00:07:46,691 They get mauled by zoo animals. 156 00:07:46,778 --> 00:07:49,511 Selfie culture is a complex mixture 157 00:07:49,599 --> 00:07:51,993 of identity, expression, self-esteem. 158 00:07:52,133 --> 00:07:54,775 But... I am reasonably certain 159 00:07:54,863 --> 00:07:56,754 you can't litigate it out of existence. 160 00:07:57,007 --> 00:07:59,183 Well, my company is determined to try. 161 00:07:59,777 --> 00:08:03,511 The question is, will we do it with the two of you at our side? 162 00:08:03,925 --> 00:08:05,386 The trial hasn't started yet. 163 00:08:05,474 --> 00:08:07,191 You can still bow out. 164 00:08:07,320 --> 00:08:10,454 Happy to give some other firm that million. 165 00:08:10,541 --> 00:08:11,855 And yes... 166 00:08:11,943 --> 00:08:16,214 I know you two boys are supposed to be the best... 167 00:08:16,997 --> 00:08:20,457 but if second best is all that's available to us... 168 00:08:21,269 --> 00:08:23,496 I promise you we'll make do. 169 00:08:27,310 --> 00:08:28,877 Like I said before... 170 00:08:29,472 --> 00:08:31,855 we're happy to take your money, Ms. Kress. 171 00:08:32,214 --> 00:08:34,410 Yes. Well... 172 00:08:34,957 --> 00:08:37,613 it turns out almost everyone is. 173 00:08:40,095 --> 00:08:41,990 See you at trial, gentlemen. 174 00:08:45,208 --> 00:08:47,545 We just have to defend them. We don't have to like them. 175 00:08:48,372 --> 00:08:50,372 *BULL (2016)* Season 04 Episode 09 176 00:08:50,562 --> 00:08:52,754 *BULL (2016)* Episode Title :"The Flying Carpet" 177 00:08:54,366 --> 00:08:56,804 Meet the plaintiff... James Donovan. 178 00:08:57,936 --> 00:09:00,106 Wow. What a sweet-looking kid. 179 00:09:00,607 --> 00:09:03,309 And we're on which side of this particular dispute? 180 00:09:03,397 --> 00:09:05,209 Don't be a wise guy. 181 00:09:05,537 --> 00:09:06,949 And this is the last photo 182 00:09:07,037 --> 00:09:10,053 James took before he fell two stories to the sidewalk. 183 00:09:10,320 --> 00:09:11,795 Scary. 184 00:09:12,141 --> 00:09:13,943 And this is James today. 185 00:09:15,318 --> 00:09:16,772 What a nightmare. 186 00:09:17,021 --> 00:09:18,660 Will this kid ever walk again? 187 00:09:18,748 --> 00:09:20,098 Based on the severity 188 00:09:20,186 --> 00:09:24,186 of his injuries and the current state of medical technology, 189 00:09:24,498 --> 00:09:26,256 I'd say that's highly unlikely. 190 00:09:26,344 --> 00:09:29,139 But frankly, that's really a question 191 00:09:29,227 --> 00:09:31,664 for his family's health insurance provider. 192 00:09:31,790 --> 00:09:35,053 Our focus needs to be on making a case 193 00:09:35,141 --> 00:09:38,449 that the willful trespassing that went on here 194 00:09:38,572 --> 00:09:40,100 exempts this as a claim 195 00:09:40,188 --> 00:09:43,197 against the property owner's commercial liability insurance. 196 00:09:43,420 --> 00:09:45,026 This is Avery Kress. 197 00:09:45,113 --> 00:09:47,269 Ah. Senior vice president 198 00:09:47,357 --> 00:09:49,670 of claims at Immunity Insurance. 199 00:09:49,899 --> 00:09:51,205 Our client. 200 00:09:51,466 --> 00:09:52,815 Nice to meet you all. 201 00:09:52,903 --> 00:09:54,496 I just had breakfast with Dr. Bull, 202 00:09:54,584 --> 00:09:57,734 and he suggested that I stop by and sit in on your... 203 00:09:57,881 --> 00:09:59,654 strategy session. 204 00:09:59,927 --> 00:10:02,084 Look, the burden of proof 205 00:10:02,232 --> 00:10:05,709 is on the plaintiffs to prove negligence. 206 00:10:05,936 --> 00:10:07,529 Our job is to 207 00:10:07,616 --> 00:10:10,107 demonstrate that the owners did everything right. 208 00:10:10,350 --> 00:10:12,082 Fences. Locks. 209 00:10:12,170 --> 00:10:14,824 We have to prove they made it as hard as they could 210 00:10:14,912 --> 00:10:16,857 for anyone to get up on that roof. 211 00:10:17,185 --> 00:10:19,755 I don't know. I don't want to just roll over 212 00:10:19,843 --> 00:10:21,677 and buy into the plaintiff's theory 213 00:10:21,765 --> 00:10:23,637 that just because the victim is a minor, 214 00:10:23,760 --> 00:10:26,896 that he's covered by the attractive nuisance doctrine. 215 00:10:27,176 --> 00:10:28,841 The boy is 14. 216 00:10:29,157 --> 00:10:30,898 He is not an infant. 217 00:10:31,349 --> 00:10:32,927 He should have known better. 218 00:10:33,700 --> 00:10:35,792 Eh. It's never a great thing to blame the victim, 219 00:10:35,880 --> 00:10:38,185 especially if the victim's in a wheelchair. 220 00:10:38,427 --> 00:10:39,907 Forgive me for being blunt, 221 00:10:39,994 --> 00:10:41,604 but I don't think the face of this case 222 00:10:41,691 --> 00:10:43,402 should be the big bad insurance company. 223 00:10:43,490 --> 00:10:46,304 I think it should be the owner of the pizza restaurant. 224 00:10:46,708 --> 00:10:49,138 The people who stand to lose everything 225 00:10:49,291 --> 00:10:50,818 when they've done nothing wrong. 226 00:10:51,092 --> 00:10:53,442 Now that's something the jury could hang their hat on, 227 00:10:53,529 --> 00:10:55,314 and that's something the jury could relate to. 228 00:10:55,401 --> 00:10:56,538 I don't agree. 229 00:10:56,626 --> 00:10:59,089 I'm telling you, it'll come across as callous. 230 00:10:59,177 --> 00:11:00,840 Not if you finesse it. 231 00:11:04,247 --> 00:11:06,333 Well, uh, what does Dr. Bull think? 232 00:11:06,849 --> 00:11:08,497 Well, I guess we'll see. 233 00:11:08,760 --> 00:11:10,646 We have voir dire in three hours. 234 00:11:10,992 --> 00:11:13,677 Maybe the secret lies somewhere in the middle. 235 00:11:14,380 --> 00:11:15,637 How do you mean? 236 00:11:15,725 --> 00:11:16,997 Yeah, how do you mean? 237 00:11:17,085 --> 00:11:21,013 Well, maybe we let our narrative embrace... both ideas. 238 00:11:21,101 --> 00:11:22,863 Present them as if they complement each other, 239 00:11:22,950 --> 00:11:24,230 which they do. 240 00:11:24,318 --> 00:11:25,607 I don't follow. 241 00:11:26,146 --> 00:11:27,995 We make sure the jury sees your clients 242 00:11:28,083 --> 00:11:29,478 as responsible business owners 243 00:11:29,565 --> 00:11:32,145 who took every possible precaution. 244 00:11:33,153 --> 00:11:34,638 Then we make sure they see James 245 00:11:34,726 --> 00:11:37,261 as a mature young man who has to be held responsible 246 00:11:37,349 --> 00:11:38,574 for his reckless choices. 247 00:11:38,661 --> 00:11:39,967 He doesn't get a free pass 248 00:11:40,054 --> 00:11:42,419 just because he got badly hurt. 249 00:11:45,856 --> 00:11:48,323 Mr. Elmasry, Mrs. Elmasry. 250 00:11:48,450 --> 00:11:50,434 My name's Dr. Jason Bull. I'll be spearheading 251 00:11:50,522 --> 00:11:51,692 your defense here in court. 252 00:11:51,780 --> 00:11:53,347 Allow me to introduce your attorney of record, 253 00:11:53,434 --> 00:11:54,590 Mr. Benjamin Colón. 254 00:11:54,816 --> 00:11:56,180 Pleasure to meet you both. 255 00:11:56,268 --> 00:11:57,555 So I'm guessing Mr. Elmasry 256 00:11:57,643 --> 00:11:59,758 will sit up here with you and me, 257 00:11:59,846 --> 00:12:01,466 and Mr. Colón and, uh, 258 00:12:01,553 --> 00:12:02,908 Mrs. Elmasry, you'll sit in the gallery 259 00:12:02,995 --> 00:12:03,883 - directly behind us. - Actually, 260 00:12:03,971 --> 00:12:04,992 here's what I'd like to do. 261 00:12:05,079 --> 00:12:06,471 I'd like to have the two of you sit up here 262 00:12:06,558 --> 00:12:08,659 at the defense table with Mr. Colón, 263 00:12:08,846 --> 00:12:11,526 and you and I will be in the gallery. 264 00:12:13,393 --> 00:12:15,698 I think it's important when the jury looks over 265 00:12:15,785 --> 00:12:17,238 at the defense table, they are reminded 266 00:12:17,325 --> 00:12:20,985 that... the only people with anything to lose at this trial 267 00:12:21,073 --> 00:12:22,667 are a hard-working family, 268 00:12:22,815 --> 00:12:24,187 not a gaggle of well-dressed, 269 00:12:24,275 --> 00:12:26,244 well-paid executives and lawyers. 270 00:12:26,332 --> 00:12:29,759 Plus, it'll give you a chance to see what it is I do 271 00:12:29,892 --> 00:12:31,994 that your company is paying so much for. 272 00:12:33,857 --> 00:12:36,539 Any chance I could steal you for five minutes 273 00:12:36,627 --> 00:12:38,447 before we get this thing started? 274 00:12:38,717 --> 00:12:41,361 She's a real piece of work, our Ms. Kress. 275 00:12:41,571 --> 00:12:42,900 You can say that again. 276 00:12:42,988 --> 00:12:44,721 She's a real piece of work. 277 00:12:45,467 --> 00:12:47,299 Now that we've got that out of the way, 278 00:12:47,408 --> 00:12:50,037 how do you suggest we curate a jury 279 00:12:50,124 --> 00:12:52,517 that will look past a kid in a wheelchair? 280 00:12:52,604 --> 00:12:55,694 Well, in this case, it's not so much about selecting 281 00:12:55,781 --> 00:12:57,740 as it is about de-selecting. 282 00:12:57,827 --> 00:13:00,656 Anyone with a pulse is gonna take one look at the plaintiff 283 00:13:01,025 --> 00:13:03,224 and want to help him, want to do something for him. 284 00:13:03,311 --> 00:13:05,783 Got it. So we eliminate anyone with a pulse. 285 00:13:06,135 --> 00:13:07,663 Or, failing that, 286 00:13:07,750 --> 00:13:11,424 we minimize the presence of sentimentalists. 287 00:13:11,729 --> 00:13:13,337 'Cause we want jurors who lead with their heads. 288 00:13:13,424 --> 00:13:16,672 Who prioritize logic and reason over emotion. 289 00:13:16,759 --> 00:13:19,066 People who will be able to see clearly 290 00:13:19,153 --> 00:13:20,676 that our client isn't responsible 291 00:13:20,763 --> 00:13:22,199 for what happened to James. 292 00:13:22,744 --> 00:13:24,111 James is. 293 00:13:24,339 --> 00:13:26,658 Good afternoon, everyone. 294 00:13:26,769 --> 00:13:28,466 So let's imagine 295 00:13:28,553 --> 00:13:31,486 there's a hurricane barreling down on your town. 296 00:13:31,939 --> 00:13:33,688 Wind, rain, 297 00:13:33,776 --> 00:13:35,865 emergency crews, the whole nine yards. 298 00:13:35,952 --> 00:13:38,476 You've just received an order to evacuate. 299 00:13:38,563 --> 00:13:40,565 You have five minutes to leave your town. 300 00:13:40,728 --> 00:13:42,338 - What do you take? - Well, 301 00:13:42,426 --> 00:13:44,617 I guess I'd take my phone, 302 00:13:44,705 --> 00:13:46,338 my keys, my wallet. 303 00:13:46,528 --> 00:13:49,313 Oh, and our passports and our marriage license. 304 00:13:49,400 --> 00:13:50,954 - Important documents. - Mm. 305 00:13:51,116 --> 00:13:52,780 You sound very practical. 306 00:13:52,876 --> 00:13:54,065 I suppose I am. 307 00:13:55,625 --> 00:13:57,668 Your Honor, juror number eight 308 00:13:57,756 --> 00:13:59,461 is acceptable to the defense. 309 00:13:59,758 --> 00:14:01,238 And what about you, sir? 310 00:14:01,325 --> 00:14:04,241 What would you take if you only had minutes to evacuate? 311 00:14:04,508 --> 00:14:06,360 Well, first, I'd make sure my family is safe. 312 00:14:06,448 --> 00:14:08,114 Of course. Then, I guess I'd grab 313 00:14:08,202 --> 00:14:09,422 the photo albums... 314 00:14:09,525 --> 00:14:12,205 my father's urn... and the blanket 315 00:14:12,293 --> 00:14:14,121 we brought our daughter home in from the hospital. 316 00:14:14,208 --> 00:14:15,420 Important memories. 317 00:14:15,508 --> 00:14:16,829 They are for me. 318 00:14:17,807 --> 00:14:20,852 Your Honor, we'd like to thank and excuse juror number 12. 319 00:14:21,555 --> 00:14:23,478 Okay, can I have a show of hands? 320 00:14:23,565 --> 00:14:25,899 How many of you have kids? 321 00:14:27,090 --> 00:14:28,438 Okay. 322 00:14:28,657 --> 00:14:31,312 Ah, I see you didn't raise your hand. 323 00:14:31,399 --> 00:14:32,602 May I ask, 324 00:14:32,690 --> 00:14:34,518 do you have any nieces or nephews? 325 00:14:34,606 --> 00:14:36,521 I have a niece. She's six. 326 00:14:36,610 --> 00:14:39,308 You know, Christmas is coming up. 327 00:14:39,465 --> 00:14:42,126 You ever think about maybe giving her a puppy? 328 00:14:42,461 --> 00:14:45,891 Sounds sweet, but my brother would never forgive me. 329 00:14:45,978 --> 00:14:47,094 Mm. 330 00:14:48,211 --> 00:14:51,114 Your Honor, this juror is acceptable to the defense. 331 00:14:51,201 --> 00:14:52,954 Nice work. 332 00:14:53,464 --> 00:14:54,985 I see what you're doing here. 333 00:14:55,080 --> 00:14:57,343 Stacking the deck with pragmatists. 334 00:14:58,070 --> 00:14:59,961 Ah, do you see what they're doing? 335 00:15:00,184 --> 00:15:02,383 No James, no wheelchair. 336 00:15:02,531 --> 00:15:04,586 She's saving her client so he can make 337 00:15:04,674 --> 00:15:06,172 a big theatrical entrance. 338 00:15:06,260 --> 00:15:07,438 And for what it's worth, 339 00:15:07,526 --> 00:15:09,469 I would do the same thing. 340 00:15:09,977 --> 00:15:12,440 So everyone is happy? 341 00:15:12,632 --> 00:15:14,136 That went well? 342 00:15:14,224 --> 00:15:15,530 Well, under the circumstances, 343 00:15:15,617 --> 00:15:16,835 I don't think there's any one of us 344 00:15:16,922 --> 00:15:18,790 that thought this was gonna be easy. 345 00:15:19,245 --> 00:15:23,149 Plaintiff is especially sympathetic. 346 00:15:23,251 --> 00:15:25,428 I mean, a young man at the threshold of his life, 347 00:15:25,516 --> 00:15:27,665 losing the use of his lower body. 348 00:15:27,933 --> 00:15:29,305 It's tragic. 349 00:15:29,717 --> 00:15:33,123 Given that, I think we seated a jury 350 00:15:33,211 --> 00:15:34,853 where there's a real chance two or more members 351 00:15:34,940 --> 00:15:37,149 are gonna see things your way, and that is all we need. 352 00:15:37,237 --> 00:15:40,243 But, uh... Can I ask a question? 353 00:15:40,423 --> 00:15:41,772 Of course, Mr. Elmasry. 354 00:15:41,968 --> 00:15:44,649 This is your trial, you can ask whatever you'd like. 355 00:15:45,554 --> 00:15:47,092 What are we doing here? 356 00:15:47,216 --> 00:15:50,428 Our entire family feels terribly about what happened to that boy. 357 00:15:50,516 --> 00:15:51,735 We don't need a trial. 358 00:15:51,823 --> 00:15:53,042 We don't want a trial. 359 00:15:53,307 --> 00:15:54,912 I paid my insurance. 360 00:15:55,047 --> 00:15:56,850 Someone had an accident on my property, 361 00:15:56,987 --> 00:15:59,425 then why doesn't the insurance company just pay them? 362 00:15:59,709 --> 00:16:01,445 Isn't that what the insurance is for? 363 00:16:01,532 --> 00:16:02,545 No. That's not 364 00:16:02,633 --> 00:16:05,201 what the insurance is for; not in this case. 365 00:16:05,608 --> 00:16:06,842 In this case, 366 00:16:06,930 --> 00:16:09,912 your insurance is here to be the bad guy. 367 00:16:10,341 --> 00:16:12,530 And trust me, you need a bad guy. 368 00:16:12,630 --> 00:16:16,522 In cases like this, society needs a bad guy. 369 00:16:17,459 --> 00:16:18,684 I don't understand. 370 00:16:18,772 --> 00:16:20,162 Mr. Elmasry, you and your wife 371 00:16:20,250 --> 00:16:22,623 did not pay premiums so anyone could come along 372 00:16:22,711 --> 00:16:26,053 and say you owe them money and have it paid by us. 373 00:16:26,470 --> 00:16:29,209 This young man did not have an accident. 374 00:16:29,517 --> 00:16:31,969 An accident is when you go along in your life, 375 00:16:32,084 --> 00:16:34,852 and something unexpected happens. 376 00:16:34,957 --> 00:16:37,873 This young man made an active choice. 377 00:16:38,149 --> 00:16:39,413 He trespassed. 378 00:16:39,501 --> 00:16:42,007 Went somewhere he was not supposed to go. 379 00:16:42,212 --> 00:16:45,402 Sat on something that was never built to support him. 380 00:16:45,489 --> 00:16:47,899 And he fell to the ground as a result. 381 00:16:48,050 --> 00:16:51,805 And now he wants you, or us, 382 00:16:52,016 --> 00:16:55,313 society to pay for what happened to him? 383 00:16:56,065 --> 00:16:57,540 Do you think that's fair? 384 00:16:57,893 --> 00:16:59,946 Do you have $2 million? 385 00:17:00,133 --> 00:17:03,891 $2 million to just hand over to a stranger 386 00:17:04,029 --> 00:17:06,641 who did nothing but violate your rights 387 00:17:06,728 --> 00:17:09,339 and treat your property as his own 388 00:17:09,426 --> 00:17:11,337 just so he could take a picture? 389 00:17:11,790 --> 00:17:15,737 No, I do not, but what about mercy? 390 00:17:16,219 --> 00:17:17,399 What about forgiveness? 391 00:17:17,487 --> 00:17:20,532 Forgiveness is for churches. 392 00:17:20,742 --> 00:17:22,811 Mercy is for charities. 393 00:17:22,899 --> 00:17:24,577 We are a business. 394 00:17:24,673 --> 00:17:27,577 And, like you, we don't have $2 million. 395 00:17:27,665 --> 00:17:30,404 Not to give away to any reckless fool 396 00:17:30,491 --> 00:17:32,101 who thinks the world is just waiting 397 00:17:32,188 --> 00:17:34,756 to see a picture of them put their life at risk. 398 00:17:38,004 --> 00:17:39,223 It's okay. 399 00:17:39,311 --> 00:17:40,355 I know it's hard. 400 00:17:40,450 --> 00:17:41,930 It's not on you. 401 00:17:42,274 --> 00:17:43,485 Like I said, 402 00:17:43,719 --> 00:17:46,462 let us be the bad guy, hmm? 403 00:17:49,336 --> 00:17:51,118 Nice work today, you two. 404 00:17:51,786 --> 00:17:53,875 I will see everyone in the morning. 405 00:17:54,336 --> 00:17:55,524 - Good night. - Good night. 406 00:17:56,477 --> 00:17:57,930 - Good night. - Good night. 407 00:17:59,524 --> 00:18:02,305 So if she's the bad guy, 408 00:18:02,392 --> 00:18:04,954 then what does that make us? 409 00:18:07,344 --> 00:18:10,126 The plaintiff would like to call for its first witness, 410 00:18:10,220 --> 00:18:11,680 James Donovan. 411 00:18:37,332 --> 00:18:39,769 We have any green left at all? 412 00:18:40,075 --> 00:18:43,324 Nope. It's like a forest fire in here. 413 00:18:43,874 --> 00:18:46,293 And would you share, for the jury, 414 00:18:46,381 --> 00:18:48,925 how it was that you came to have the idea 415 00:18:49,038 --> 00:18:51,004 to take a selfie on the roof 416 00:18:51,092 --> 00:18:53,312 of the Flying Carpet Pizza Parlor? 417 00:18:53,705 --> 00:18:54,879 I was with my friends 418 00:18:54,967 --> 00:18:56,691 and... we were walking by the restaurant, 419 00:18:56,779 --> 00:18:58,121 and... one of them was saying 420 00:18:58,209 --> 00:18:59,863 how much she loved that pizza. 421 00:18:59,951 --> 00:19:02,800 So I thought, "I'm gonna get an amazing selfie 422 00:19:02,888 --> 00:19:04,425 and get her a free slice of pizza." 423 00:19:04,513 --> 00:19:08,410 Hmm. But where did you get the idea to go up on the roof? 424 00:19:09,517 --> 00:19:11,785 Actually, I... I got it from him. 425 00:19:12,107 --> 00:19:14,632 Let the record show that the plaintiff is pointing 426 00:19:14,719 --> 00:19:16,634 at Amir Elmasry. He never shared that with me. 427 00:19:18,936 --> 00:19:22,339 And how did Mr. Elmasry come to give you this idea? 428 00:19:22,427 --> 00:19:24,298 To risk your life and limb 429 00:19:24,623 --> 00:19:28,011 by climbing up on the roof of his establishment? 430 00:19:28,644 --> 00:19:31,301 Earlier that day, I was in there 431 00:19:31,388 --> 00:19:33,043 and I saw that they had this contest going 432 00:19:33,131 --> 00:19:34,610 where if you take a selfie 433 00:19:34,698 --> 00:19:36,222 and you post it on social media, 434 00:19:36,465 --> 00:19:38,119 with you standing in front of the store 435 00:19:38,238 --> 00:19:39,724 and the sign that has the pizza 436 00:19:39,812 --> 00:19:41,553 that looks like a flying carpet in the background, 437 00:19:41,640 --> 00:19:43,381 you can qualify to win a free slice. 438 00:19:43,966 --> 00:19:45,658 Any idea where this is going? 439 00:19:45,746 --> 00:19:47,744 I was hungry, didn't have quiet nough for pizza. - No. None. 440 00:19:47,831 --> 00:19:49,059 - So I went outside, - And I have no recollection 441 00:19:49,146 --> 00:19:51,169 - took my phone and shot a selfie. - Of ever seeing this kid in my life. 442 00:19:51,256 --> 00:19:54,754 And did you show your photo to the defendant, to Mr. Elmasry? 443 00:19:54,842 --> 00:19:55,843 Yes, I did. 444 00:19:55,931 --> 00:19:57,175 And what happened? 445 00:19:57,296 --> 00:19:59,113 He said he had hundreds of pictures 446 00:19:59,201 --> 00:20:00,761 that looked exactly like mine. 447 00:20:00,849 --> 00:20:04,136 In order for the selfie to win, it had to be different. 448 00:20:05,144 --> 00:20:08,418 Is that why you decided to do something bigger? 449 00:20:08,686 --> 00:20:10,957 Yeah. That was the beginning of it. 450 00:20:11,544 --> 00:20:13,418 That night, when my friend was telling me 451 00:20:13,506 --> 00:20:14,886 how much she loved that pizza, 452 00:20:14,990 --> 00:20:16,731 I thought, "This is my chance." 453 00:20:16,819 --> 00:20:19,855 So I climbed on the roof, and went out to the pizza 454 00:20:19,957 --> 00:20:22,133 to get a really special shot. 455 00:20:22,355 --> 00:20:23,918 Just like he told me. 456 00:20:24,260 --> 00:20:25,691 Thank you, James. 457 00:20:25,907 --> 00:20:28,475 I have no further questions for this witness, Your Honor. 458 00:20:28,632 --> 00:20:30,011 Very well. 459 00:20:30,148 --> 00:20:32,404 Let's take a 20 minute break and then continue 460 00:20:32,492 --> 00:20:34,519 with cross-examination. 461 00:20:34,658 --> 00:20:36,785 So you have no recollection of meeting this boy? 462 00:20:36,873 --> 00:20:39,621 None. I have never seen that boy before. 463 00:20:39,760 --> 00:20:41,689 Not that I can recall, anyway. 464 00:20:41,930 --> 00:20:44,025 Wait a second. What does that mean? 465 00:20:44,113 --> 00:20:46,900 After school, we get 40, 50 kids in the store at a time. 466 00:20:46,988 --> 00:20:48,314 We can't tell one from the other. 467 00:20:48,402 --> 00:20:49,822 They all start to look the same. 468 00:20:49,910 --> 00:20:50,867 Well, they're not all the same. 469 00:20:50,955 --> 00:20:52,877 This one is suing for $2 million. 470 00:20:52,990 --> 00:20:54,103 And he's implying 471 00:20:54,191 --> 00:20:56,353 that you gave him the idea to go up on the roof. 472 00:20:56,441 --> 00:20:58,322 Insinuating that you gave him permission. 473 00:20:58,410 --> 00:20:59,711 Okay, Ms. Kress, forgive me, 474 00:20:59,799 --> 00:21:01,845 but that is a stretch. 475 00:21:01,963 --> 00:21:03,960 And frankly, I don't think it really matters. 476 00:21:04,048 --> 00:21:07,820 Mr. Colón will cross-examine and undo whatever damage he can, 477 00:21:07,908 --> 00:21:11,697 but I assure you, no rational juror 478 00:21:11,785 --> 00:21:12,994 is gonna believe Mr. Elmasry 479 00:21:13,082 --> 00:21:15,127 gave anyone permission, let alone encouraged them, 480 00:21:15,215 --> 00:21:16,494 to get up on his roof. 481 00:21:16,582 --> 00:21:17,845 Not unless they see proof. 482 00:21:18,657 --> 00:21:20,181 Well, I hope you're right. 483 00:21:23,108 --> 00:21:24,392 It's like she keeps forgetting 484 00:21:24,480 --> 00:21:26,352 who pays who and who works for who. Mm. 485 00:21:26,576 --> 00:21:28,236 Look, I have no idea 486 00:21:28,324 --> 00:21:30,892 whether that boy is telling the truth or not, but... 487 00:21:31,720 --> 00:21:33,118 like I told Ms. Kress, 488 00:21:33,205 --> 00:21:34,345 at the end of the day, 489 00:21:34,433 --> 00:21:36,095 I don't think it's gonna matter. 490 00:21:37,259 --> 00:21:39,697 Hello, James. Nice to meet you. 491 00:21:39,864 --> 00:21:41,033 Nice to meet you, sir. 492 00:21:41,256 --> 00:21:43,291 I think that everyone here agrees 493 00:21:43,379 --> 00:21:45,213 that what happened to you is tragic. 494 00:21:45,477 --> 00:21:47,978 And I'm fairly certain there isn't a person 495 00:21:48,066 --> 00:21:50,634 in this room that doesn't feel for you. 496 00:21:51,041 --> 00:21:52,268 Thank you. 497 00:21:53,353 --> 00:21:54,320 All right. 498 00:21:54,408 --> 00:21:56,576 Now, you testified under oath 499 00:21:56,663 --> 00:22:00,145 that Mr. Elmasry told you 500 00:22:00,232 --> 00:22:02,845 to come up with a different type of selfie. 501 00:22:03,180 --> 00:22:04,801 That's right. He did. 502 00:22:05,642 --> 00:22:07,572 Ah. Well, I have to be honest with you. 503 00:22:07,660 --> 00:22:10,272 He has no recollection of ever having met you. 504 00:22:10,884 --> 00:22:12,916 And even if he did, he's certain 505 00:22:13,004 --> 00:22:16,861 he didn't actually tell you to go up on a roof. 506 00:22:17,400 --> 00:22:19,291 I mean, is it your testimony here today 507 00:22:19,379 --> 00:22:23,252 that he actually told you to go up on his roof? 508 00:22:24,759 --> 00:22:25,845 Well, no. 509 00:22:25,933 --> 00:22:28,675 In fact, if the evidence is to be believed, 510 00:22:28,763 --> 00:22:32,080 Mr. Elmasry took great pains to keep people off his roof. 511 00:22:32,361 --> 00:22:33,650 Objection, Your Honor. 512 00:22:33,738 --> 00:22:35,348 Calls for speculation. 513 00:22:35,453 --> 00:22:38,065 How is my client supposed to know what kinds of pains 514 00:22:38,214 --> 00:22:40,726 Mr. Elmasry may or may not have taken 515 00:22:40,814 --> 00:22:42,507 to keep people off his roof? 516 00:22:42,595 --> 00:22:43,697 I beg to differ, 517 00:22:43,785 --> 00:22:45,048 Your Honor. 518 00:22:45,158 --> 00:22:47,548 In fact, I'll wager 519 00:22:47,636 --> 00:22:50,838 that young James here has a better understanding as to 520 00:22:50,926 --> 00:22:55,103 how tough the Elmasrys made it to get up on that roof 521 00:22:55,292 --> 00:22:57,337 than anyone else alive. 522 00:22:57,689 --> 00:22:59,117 Objection overruled. 523 00:22:59,204 --> 00:23:00,736 You may proceed, Mr. Colón. 524 00:23:00,884 --> 00:23:02,080 Thank you, Your Honor. 525 00:23:02,948 --> 00:23:04,298 Now, James, 526 00:23:05,899 --> 00:23:07,429 you remember this fence? 527 00:23:07,619 --> 00:23:10,533 Uh, uh... I-I don't know. I-I guess so. 528 00:23:10,621 --> 00:23:11,839 Let me refresh your memory. 529 00:23:11,927 --> 00:23:13,886 It's a ten-foot fence. 530 00:23:14,369 --> 00:23:16,275 No way you could have gotten onto that roof 531 00:23:16,363 --> 00:23:18,147 without climbing this first. 532 00:23:18,853 --> 00:23:22,793 Do you remember this lock and chain around the fence? 533 00:23:23,828 --> 00:23:26,252 I-I think... I think I saw it there, yeah. 534 00:23:27,329 --> 00:23:28,634 How about this sign? 535 00:23:28,769 --> 00:23:30,815 You remember this sign? I mean, it was 536 00:23:30,969 --> 00:23:32,710 lit with a big floodlight. 537 00:23:32,986 --> 00:23:34,509 Kind of hard to miss. 538 00:23:35,675 --> 00:23:37,068 Yeah, I think it was there. 539 00:23:37,155 --> 00:23:38,142 You think so? 540 00:23:38,230 --> 00:23:39,470 Huh? Well, 541 00:23:39,558 --> 00:23:42,518 so, there are signs, there are lights, 542 00:23:42,799 --> 00:23:45,932 there are locks, and there's a ten-foot fence. 543 00:23:46,207 --> 00:23:50,119 What part of "we don't want you here" did you not understand? 544 00:23:53,119 --> 00:23:54,838 I'm sorry. I-I didn't hear an answer, 545 00:23:54,926 --> 00:23:56,845 Your Honor. Nonetheless, 546 00:23:56,933 --> 00:23:59,936 I will withdraw the question and move on to something else. 547 00:24:02,337 --> 00:24:03,833 That look familiar, James? 548 00:24:03,986 --> 00:24:05,064 Yes. 549 00:24:05,152 --> 00:24:06,892 So, what'd you do there? 550 00:24:07,195 --> 00:24:09,939 You move that dumpster up against the wall, 551 00:24:10,337 --> 00:24:11,892 and hoist yourself up on it, 552 00:24:12,146 --> 00:24:14,148 pulled yourself up on the ladder? 553 00:24:15,359 --> 00:24:17,470 Let me remind you that you are under oath. 554 00:24:17,924 --> 00:24:19,491 I'd also like to inform you 555 00:24:19,579 --> 00:24:21,364 that when police and paramedics reported 556 00:24:21,452 --> 00:24:24,237 to the scene that night after your fall, they noted 557 00:24:24,378 --> 00:24:28,339 that the dumpster was in the exact same place you left it... 558 00:24:28,559 --> 00:24:31,054 Up against the wall, beneath the ladder. 559 00:24:31,142 --> 00:24:32,627 He is very good. 560 00:24:32,887 --> 00:24:35,716 Did I mention when I found him, he was buck naked in the woods, 561 00:24:35,865 --> 00:24:37,353 nothing but a law book in his hands? 562 00:24:37,441 --> 00:24:39,312 So I'm gonna ask you for the second time. 563 00:24:39,739 --> 00:24:42,619 Did you push that dumpster up against the wall, 564 00:24:42,707 --> 00:24:44,013 hoist yourself up on it, 565 00:24:44,128 --> 00:24:46,347 pull yourself up on the ladder 566 00:24:46,700 --> 00:24:49,094 so that you could have access to the sign 567 00:24:49,182 --> 00:24:52,439 depicting the Flying Carpet Pizza slice? 568 00:24:54,885 --> 00:24:56,087 Yes. Yes, I did. 569 00:24:56,182 --> 00:24:57,415 Yes, you did. 570 00:24:58,452 --> 00:25:00,445 Doesn't sound like it was all that easy 571 00:25:00,533 --> 00:25:02,240 to get up there to me, was it? 572 00:25:03,116 --> 00:25:04,378 No, it wasn't. 573 00:25:05,824 --> 00:25:08,470 Okay. No further questions 574 00:25:08,558 --> 00:25:09,767 for this witness, Your Honor. 575 00:25:09,855 --> 00:25:10,947 You're excused, 576 00:25:11,035 --> 00:25:12,205 young man. 577 00:25:12,892 --> 00:25:14,596 Thanks, James. 578 00:25:15,211 --> 00:25:17,556 Can you tell us about your son's physical 579 00:25:17,644 --> 00:25:19,341 condition, Mrs. Donovan? 580 00:25:19,962 --> 00:25:21,080 Um... 581 00:25:21,674 --> 00:25:25,610 James is a... T9 paraplegic. 582 00:25:25,698 --> 00:25:27,064 He suffers 583 00:25:27,152 --> 00:25:30,611 from paralysis in his lower torso and legs. 584 00:25:30,921 --> 00:25:33,033 And what's the prognosis? 585 00:25:33,283 --> 00:25:35,126 Are the doctors offering any hope 586 00:25:35,316 --> 00:25:37,744 that he might some day be able to walk again? 587 00:25:38,510 --> 00:25:41,267 No. No, they're not. 588 00:25:43,052 --> 00:25:45,048 How old is James? 589 00:25:45,136 --> 00:25:47,119 Uh, he's 14. 590 00:25:48,304 --> 00:25:49,423 A child. 591 00:25:49,511 --> 00:25:52,248 Objection. That's up to the jury to decide. 592 00:25:52,420 --> 00:25:53,982 Sustained. 593 00:25:57,305 --> 00:25:59,341 So, what's changed 594 00:25:59,471 --> 00:26:01,748 about your son's life since his fall? 595 00:26:01,836 --> 00:26:03,359 God. 596 00:26:03,447 --> 00:26:05,406 Uh... everything. 597 00:26:06,848 --> 00:26:08,763 He-He's had to relearn 598 00:26:08,851 --> 00:26:10,005 things. 599 00:26:10,342 --> 00:26:12,818 How to use the bathroom. 600 00:26:12,906 --> 00:26:15,344 How to get in and out of a car. 601 00:26:15,486 --> 00:26:18,435 How to navigate getting in and out of his own bed. 602 00:26:18,764 --> 00:26:21,716 And is there someone to assist him with these things? 603 00:26:22,059 --> 00:26:23,302 Just me. 604 00:26:24,491 --> 00:26:26,091 I had to quit my job. 605 00:26:27,367 --> 00:26:29,560 He, uh, he can't really be left alone. 606 00:26:29,856 --> 00:26:31,858 And I'm guessing you're staring 607 00:26:31,946 --> 00:26:34,138 at a lot of new expenses. 608 00:26:34,430 --> 00:26:37,584 Installing ramps to make your home wheelchair accessible? 609 00:26:38,294 --> 00:26:39,423 Buying an appropriate 610 00:26:39,511 --> 00:26:41,513 van so you can transport him places? 611 00:26:41,601 --> 00:26:43,865 Yeah, took out a homeowner loan. 612 00:26:44,820 --> 00:26:46,325 They wouldn't give us enough 613 00:26:46,414 --> 00:26:48,959 to... do everything we needed, 614 00:26:49,466 --> 00:26:51,240 but it's a start. 615 00:26:51,783 --> 00:26:53,716 Double-check me. Juror number one looks like 616 00:26:53,804 --> 00:26:56,241 she's about to start a GoFundMe page for James. 617 00:26:56,406 --> 00:26:57,466 What can I tell you? 618 00:26:57,554 --> 00:26:59,121 This is very effective testimony. 619 00:26:59,302 --> 00:27:00,868 If we polled the jury right now, 620 00:27:00,956 --> 00:27:03,115 there is not a chance in hell of our side winning. 621 00:27:03,260 --> 00:27:05,388 And I don't think this jury is inclined 622 00:27:05,476 --> 00:27:08,146 to leave the award at just $2 million. 623 00:27:08,249 --> 00:27:09,701 I have nothing further. 624 00:27:13,554 --> 00:27:15,263 Concede that this is a tragedy, 625 00:27:15,351 --> 00:27:17,962 but remind them that it's not the Elmasrys' fault. 626 00:27:18,778 --> 00:27:20,115 Mrs. Donovan, 627 00:27:20,203 --> 00:27:24,865 before your son suffered these life-changing injuries, 628 00:27:24,978 --> 00:27:27,677 how did he get to and from school every day? 629 00:27:28,794 --> 00:27:30,037 He took the bus. 630 00:27:30,125 --> 00:27:31,996 - New York City bus? - Yes. 631 00:27:32,166 --> 00:27:35,169 And he traveled on public transit alone? 632 00:27:35,654 --> 00:27:36,865 Sometimes. 633 00:27:36,953 --> 00:27:39,162 Would he take the subway alone, too? 634 00:27:39,599 --> 00:27:41,035 Sure. Sometimes. 635 00:27:41,123 --> 00:27:41,990 Ah. 636 00:27:42,078 --> 00:27:43,863 Did you allow him to hang out 637 00:27:43,951 --> 00:27:45,909 with his best friends after school? 638 00:27:46,091 --> 00:27:47,427 Of course. 639 00:27:47,549 --> 00:27:49,451 Without adult supervision? 640 00:27:50,747 --> 00:27:52,169 Depending on where they were going 641 00:27:52,264 --> 00:27:55,153 and what they were doing, yes. 642 00:27:55,357 --> 00:28:00,013 Ah. Now, James has a two-year-old sister, doesn't he? 643 00:28:00,450 --> 00:28:02,709 Janie. Um, she just turned three. 644 00:28:02,797 --> 00:28:04,495 Ah. My mistake. 645 00:28:04,967 --> 00:28:07,880 And would James ever babysit her? 646 00:28:08,318 --> 00:28:10,505 Uh, from time to time. 647 00:28:10,685 --> 00:28:13,373 So, you trusted him with a toddler? 648 00:28:13,542 --> 00:28:15,109 With his sister. 649 00:28:15,258 --> 00:28:16,365 - Absolutely. - Yes, but 650 00:28:16,475 --> 00:28:18,259 you felt comfortable doing this, 651 00:28:18,347 --> 00:28:21,349 because James was a responsible young man. 652 00:28:21,959 --> 00:28:25,021 You knew he would take his responsibility seriously, 653 00:28:25,109 --> 00:28:28,365 and you trusted his sense of judgement. True? 654 00:28:28,492 --> 00:28:30,647 Objection. Compound question. 655 00:28:30,735 --> 00:28:32,084 Sustained. 656 00:28:32,279 --> 00:28:33,628 Rephrase the question. 657 00:28:34,334 --> 00:28:36,366 Now what you're telling us is, 658 00:28:36,454 --> 00:28:39,889 you treated your son like a young adult. 659 00:28:40,197 --> 00:28:41,123 Objection. 660 00:28:41,211 --> 00:28:42,604 That's not a question. 661 00:28:42,722 --> 00:28:45,030 Because isn't that, in fact, what he is? 662 00:28:45,592 --> 00:28:47,303 Not a toddler that could be 663 00:28:47,391 --> 00:28:49,568 lured into an uncovered swimming pool 664 00:28:49,656 --> 00:28:51,922 by the shiny blue water, 665 00:28:52,614 --> 00:28:54,328 but a young man... 666 00:28:54,522 --> 00:28:56,844 who knows right from wrong. 667 00:28:57,215 --> 00:28:58,956 Who understands when he sees 668 00:28:59,044 --> 00:29:01,250 a sign that says "No Trespassing," 669 00:29:01,338 --> 00:29:03,149 that means "stay away... 670 00:29:04,039 --> 00:29:05,437 for your own good." 671 00:29:06,459 --> 00:29:07,890 Isn't that right, Mrs. Donovan? 672 00:29:07,978 --> 00:29:10,031 Objection. He's badgering the witness. 673 00:29:10,119 --> 00:29:12,077 Oh, that's all right. 674 00:29:12,554 --> 00:29:14,318 You don't have to answer that, Mrs. Donovan. 675 00:29:14,405 --> 00:29:15,685 I know you've been through a lot. 676 00:29:17,071 --> 00:29:18,687 No further questions, Your Honor. 677 00:29:20,858 --> 00:29:23,339 For what it's worth, now might be an excellent time 678 00:29:23,427 --> 00:29:26,343 to let Ms. Kress know she's getting her money's worth. 679 00:29:26,461 --> 00:29:30,156 I am suddenly staring at three greens and three reds. 680 00:29:31,476 --> 00:29:33,130 What are you so happy about? 681 00:29:33,218 --> 00:29:35,350 Oh, I'm just looking at the jury. 682 00:29:37,130 --> 00:29:38,749 You own half of them now. 683 00:29:40,179 --> 00:29:41,560 Well, what are you bragging about? 684 00:29:41,709 --> 00:29:44,085 That just means your work is only half done. 685 00:29:48,944 --> 00:29:51,120 The plaintiff would like to call Paul Martin 686 00:29:51,207 --> 00:29:52,514 to the stand. 687 00:29:53,529 --> 00:29:55,732 Mr. Martin, could you please 688 00:29:55,820 --> 00:29:58,780 describe your relationship to the Elmasrys? 689 00:29:59,460 --> 00:30:01,304 Well, I live in the neighborhood. 690 00:30:01,561 --> 00:30:04,670 I eat their pizza. It's damn delicious. 691 00:30:04,935 --> 00:30:06,452 Well, any idea who this is? 692 00:30:06,540 --> 00:30:08,475 'Cause the jury is on the edge of their seats. 693 00:30:08,658 --> 00:30:11,617 They handed us an updated witness list when we walked in, 694 00:30:11,705 --> 00:30:14,514 but Amir said he didn't recognize the name. 695 00:30:14,755 --> 00:30:16,449 You recognize him now? 696 00:30:16,537 --> 00:30:18,102 And would you please 697 00:30:18,190 --> 00:30:21,193 tell the jury why you called my office? 698 00:30:21,506 --> 00:30:23,663 Why you reached out to us? 699 00:30:24,311 --> 00:30:25,197 I don't know. 700 00:30:25,284 --> 00:30:28,418 I read about the boy, how he ended up in the wheelchair, 701 00:30:28,505 --> 00:30:29,941 and I felt badly. 702 00:30:30,249 --> 00:30:31,803 Why did you feel badly? 703 00:30:32,139 --> 00:30:33,137 Well... 704 00:30:33,225 --> 00:30:34,889 about a year ago, 705 00:30:35,522 --> 00:30:36,817 I'm walking down the sidewalk, 706 00:30:36,905 --> 00:30:40,473 right in front of Amir's place, and bang. 707 00:30:40,842 --> 00:30:42,426 Something falls out of the sky. 708 00:30:42,514 --> 00:30:43,999 I get hit on the head. 709 00:30:44,592 --> 00:30:45,835 Felt like a rock. 710 00:30:46,163 --> 00:30:47,524 Couple of pounds, maybe. 711 00:30:47,780 --> 00:30:49,395 And I'm bleeding. 712 00:30:49,482 --> 00:30:52,303 And it feels like it's gonna be a hell of a bump. 713 00:30:53,069 --> 00:30:54,848 And I look to see what it was. 714 00:30:54,936 --> 00:30:56,751 I pick it up off the sidewalk. 715 00:30:56,854 --> 00:30:59,552 And it's a piece of concrete pepperoni. 716 00:31:00,568 --> 00:31:02,538 Came off Mr. Elmasry's sign. 717 00:31:03,436 --> 00:31:04,668 And did you call 718 00:31:04,756 --> 00:31:06,817 Mr. Elmasry? Tell him what happened? 719 00:31:06,905 --> 00:31:08,348 I didn't have to. 720 00:31:08,436 --> 00:31:10,242 He came running out of the shop. 721 00:31:10,686 --> 00:31:12,897 Took complete responsibility for everything. 722 00:31:13,444 --> 00:31:15,129 Said I should go to the hospital, 723 00:31:15,217 --> 00:31:17,247 get some X-rays, MRI. 724 00:31:17,335 --> 00:31:19,382 Whatever I needed, he'd pay for everything. 725 00:31:19,469 --> 00:31:20,913 And he did. 726 00:31:21,123 --> 00:31:23,629 He just... didn't want me to call the cops. 727 00:31:23,717 --> 00:31:27,350 And he really didn't want me to call my insurance company. 728 00:31:27,646 --> 00:31:30,100 So, it's your testimony 729 00:31:30,262 --> 00:31:33,700 that the Elmasrys were fully aware that their sign... 730 00:31:33,787 --> 00:31:35,756 The structure... was unsound. 731 00:31:35,844 --> 00:31:36,911 That it was a hazard. 732 00:31:36,999 --> 00:31:39,054 Objection. Calls for speculation. 733 00:31:39,141 --> 00:31:40,309 Sustained. 734 00:31:40,397 --> 00:31:42,013 I'll withdraw the question. 735 00:31:42,499 --> 00:31:44,311 So, you did what you were told. 736 00:31:44,569 --> 00:31:46,569 You didn't notify the authorities. 737 00:31:46,713 --> 00:31:48,541 You didn't call your insurance company. 738 00:31:49,092 --> 00:31:50,805 I did not. 739 00:31:51,397 --> 00:31:53,285 And I can't help but wonder if I had 740 00:31:53,372 --> 00:31:56,374 if the city might not have gone over 741 00:31:56,670 --> 00:31:58,290 and inspected, 742 00:31:59,341 --> 00:32:01,399 made them reinforce that sign, 743 00:32:01,487 --> 00:32:04,847 then maybe that boy might be walking today. 744 00:32:06,524 --> 00:32:08,083 Thank you, Mr. Martin. 745 00:32:08,907 --> 00:32:11,042 I have no further questions for this witness. 746 00:32:11,899 --> 00:32:13,147 What's the damage? 747 00:32:13,235 --> 00:32:16,321 I am afraid we are hanging on by a single green thread. 748 00:32:20,530 --> 00:32:21,923 What are you... what are you doing? 749 00:32:22,242 --> 00:32:24,085 What does it look like I'm doing? I'm leaving. 750 00:32:24,173 --> 00:32:25,187 Where you going? 751 00:32:25,274 --> 00:32:26,928 Can it at least wait until we break for the day? 752 00:32:27,015 --> 00:32:29,017 Nice to meet you, Mr. Martin. 753 00:32:29,398 --> 00:32:32,070 Thank you for coming in today. 754 00:32:33,456 --> 00:32:35,657 I still can't believe she did it. 755 00:32:37,063 --> 00:32:39,030 And she didn't say anything to you? 756 00:32:39,118 --> 00:32:41,303 Didn't explain herself to you? Just got up and left? 757 00:32:41,391 --> 00:32:42,967 The minute a bad fact came out, 758 00:32:43,055 --> 00:32:44,960 she grabbed her bag and headed for the door. 759 00:32:45,048 --> 00:32:47,818 Well, do you want to call her, or should I? 760 00:32:48,352 --> 00:32:50,938 I've been calling every ten minutes. 761 00:32:55,575 --> 00:32:57,149 Something we said? 762 00:33:04,376 --> 00:33:07,619 Immunity Insurance is no longer your partner in this case. 763 00:33:07,946 --> 00:33:09,535 Excuse me? 764 00:33:10,095 --> 00:33:12,060 You brought this case to us. 765 00:33:12,812 --> 00:33:14,116 We were misled. 766 00:33:14,204 --> 00:33:16,641 We were given inaccurate information. 767 00:33:16,798 --> 00:33:18,860 What kind of inaccurate information? 768 00:33:19,390 --> 00:33:20,639 Mr. and Mrs. Elmasry 769 00:33:20,727 --> 00:33:23,092 reapplied for their insurance eight months ago. 770 00:33:23,180 --> 00:33:26,046 And at that time, they were specifically asked 771 00:33:26,134 --> 00:33:28,990 if there had been any accidents on the premises, 772 00:33:29,860 --> 00:33:31,217 and they said no. 773 00:33:31,305 --> 00:33:32,624 You can't be serious. 774 00:33:32,712 --> 00:33:35,113 As far as we're concerned, the Elmasrys committed fraud. 775 00:33:35,201 --> 00:33:37,434 They're lucky we don't press criminal charges. 776 00:33:37,522 --> 00:33:38,660 Criminal charges? 777 00:33:38,748 --> 00:33:40,137 Their lack of honesty 778 00:33:40,225 --> 00:33:41,730 voids the policy, 779 00:33:41,818 --> 00:33:45,629 which means the insurer has no obligation to pay a dime, 780 00:33:45,717 --> 00:33:48,381 which means that we are withdrawing from the lawsuit. 781 00:33:48,506 --> 00:33:51,168 And that's it? You find a loophole, 782 00:33:51,256 --> 00:33:53,551 a way of avoiding paying out on the policy, 783 00:33:53,639 --> 00:33:56,756 and you just... dump your client? 784 00:33:56,990 --> 00:33:58,908 Do you at least refund them 785 00:33:58,996 --> 00:34:00,563 their premium? 786 00:34:06,558 --> 00:34:08,762 If you get me your bill with the charges to date, 787 00:34:08,850 --> 00:34:10,326 I'll see that it's paid promptly. 788 00:34:10,561 --> 00:34:13,191 Just curious. Shall I say goodbye 789 00:34:13,279 --> 00:34:15,201 to the Elmasrys for you? 790 00:34:19,147 --> 00:34:20,936 I take that as a no. 791 00:34:24,835 --> 00:34:26,750 It's about as good a closing argument 792 00:34:26,837 --> 00:34:28,186 as I've ever read. 793 00:34:28,273 --> 00:34:29,535 Thank you. 794 00:34:30,154 --> 00:34:31,232 I don't think it's gonna make 795 00:34:31,319 --> 00:34:32,936 a damn bit of difference. 796 00:34:33,545 --> 00:34:35,367 The other side has a boy in a wheelchair, 797 00:34:35,454 --> 00:34:37,064 and that's gonna be tough to beat. 798 00:34:37,553 --> 00:34:40,162 The Elmasrys are gonna lose their shirts, aren't they? 799 00:34:41,178 --> 00:34:44,637 Jury's gonna hand down some crazy judgment, 800 00:34:44,724 --> 00:34:46,459 and because they have no insurance, 801 00:34:46,547 --> 00:34:48,865 the family's gonna be forced to sell everything. 802 00:34:50,122 --> 00:34:51,613 Including the business. 803 00:34:52,139 --> 00:34:53,342 Looks that way. 804 00:34:55,334 --> 00:34:56,873 Everybody's ready. 805 00:34:57,345 --> 00:34:59,764 I know you guys are trying to figure out 806 00:35:00,028 --> 00:35:01,520 whether to rest your case or not. 807 00:35:01,608 --> 00:35:04,342 I'm just not sure I'm gonna really be of any help. 808 00:35:04,529 --> 00:35:05,537 Um, I interviewed 809 00:35:05,632 --> 00:35:08,115 the other two kids that were with James that night, 810 00:35:08,203 --> 00:35:10,061 effectively the only two witnesses, 811 00:35:10,149 --> 00:35:12,699 and neither of them have anything to say 812 00:35:12,787 --> 00:35:13,796 that's gonna matter. 813 00:35:13,884 --> 00:35:15,624 Yeah, well, we assumed as much. 814 00:35:15,834 --> 00:35:17,191 Although, there was 815 00:35:17,278 --> 00:35:19,209 this one thing that's kind of weird, actually. 816 00:35:19,297 --> 00:35:22,100 Um, according to the girl that was with them, 817 00:35:22,188 --> 00:35:23,668 Makayla Newton, 818 00:35:24,021 --> 00:35:26,443 James had never been to that pizza parlor before. 819 00:35:26,803 --> 00:35:28,170 So when he testified 820 00:35:28,258 --> 00:35:29,608 that he had shown Amir that selfie 821 00:35:29,696 --> 00:35:31,611 and Amir said wasn't good enough, 822 00:35:32,170 --> 00:35:33,608 he essentially lied. 823 00:35:33,859 --> 00:35:35,600 So he perjured himself. 824 00:35:36,052 --> 00:35:37,122 Why? 825 00:35:37,211 --> 00:35:38,929 - What did he have to gain? - Who knows? 826 00:35:39,016 --> 00:35:40,583 Maybe he was embarrassed that his stunt 827 00:35:40,671 --> 00:35:43,195 ended up causing so much pain to so many people. 828 00:35:43,515 --> 00:35:45,152 Maybe he didn't have the courage 829 00:35:45,240 --> 00:35:47,850 to tell his mother he thought it up all by himself. 830 00:35:47,938 --> 00:35:49,015 Yeah.Whatever. 831 00:35:49,103 --> 00:35:51,928 I'm not gonna alienate the jury by charging him with perjury, 832 00:35:52,095 --> 00:35:53,818 'cause we can't prove it, anyway. 833 00:35:53,993 --> 00:35:56,735 Like I said, nothing that matters. 834 00:35:57,756 --> 00:35:59,494 Anything from this side of the table? 835 00:35:59,581 --> 00:36:00,931 All I can tell you is the jury 836 00:36:01,018 --> 00:36:03,281 is itching to give that boy a huge award. 837 00:36:03,442 --> 00:36:04,535 I think it's gonna make 838 00:36:04,623 --> 00:36:06,494 the original $2 million settlement offer 839 00:36:06,582 --> 00:36:08,027 look like the deal of the century. 840 00:36:08,115 --> 00:36:09,374 I second that. 841 00:36:10,006 --> 00:36:11,070 Taylor. 842 00:36:11,158 --> 00:36:14,161 Tell me you hacked into Immunity Insurance e-mail 843 00:36:14,248 --> 00:36:17,092 and found a smoking gun that will change everything. 844 00:36:17,411 --> 00:36:19,459 I hacked into Immunity Insurance's e-mail 845 00:36:19,547 --> 00:36:21,333 and found a smoking gun, something that just might 846 00:36:21,420 --> 00:36:22,987 change everything. - Really? 847 00:36:23,075 --> 00:36:25,120 No. But what I did find 848 00:36:25,259 --> 00:36:27,522 is very disappointing on a human level. 849 00:36:29,568 --> 00:36:32,005 Everyone at that insurance company agreed with you guys. 850 00:36:32,092 --> 00:36:33,678 There must be dozens of e-mails in there 851 00:36:33,766 --> 00:36:35,395 saying that the $2 million number 852 00:36:35,483 --> 00:36:36,975 is a fair and reasonable one 853 00:36:37,063 --> 00:36:38,673 and that Avery should move on it. 854 00:36:38,761 --> 00:36:39,763 And? 855 00:36:39,851 --> 00:36:41,092 And Avery argued back 856 00:36:41,180 --> 00:36:42,879 that while it would be a good offer for the plaintiff 857 00:36:42,966 --> 00:36:45,303 and would obviously have taken the Elmasrys off the hook, 858 00:36:45,391 --> 00:36:47,824 it was bad for Immunity Insurance. 859 00:36:47,912 --> 00:36:49,701 Would set a horrible legal precedent 860 00:36:49,789 --> 00:36:52,182 and would only reinforce the idea that people, 861 00:36:52,270 --> 00:36:55,723 especially young people who indulge in risky behavior, 862 00:36:55,904 --> 00:36:58,727 can expect big cash payouts if they have an accident. 863 00:36:58,935 --> 00:37:00,815 That they needed to draw a line in the sand. 864 00:37:00,903 --> 00:37:02,490 That this was the case to do it with. 865 00:37:02,578 --> 00:37:04,826 Well, I suppose it's their right. 866 00:37:05,536 --> 00:37:07,436 Actually, I'm not sure it is. 867 00:37:08,052 --> 00:37:09,563 Benny, call down to the courthouse, 868 00:37:09,651 --> 00:37:11,850 see if you can't postpone today. 869 00:37:12,630 --> 00:37:14,787 I want to call another settlement meeting. 870 00:37:15,052 --> 00:37:17,014 Really? With who? 871 00:37:17,223 --> 00:37:19,834 With James and his mother and the Elmasrys 872 00:37:19,922 --> 00:37:21,443 - and Avery. - Avery? 873 00:37:21,531 --> 00:37:24,092 But she and her company withdrew from the case. 874 00:37:24,180 --> 00:37:25,529 I know. 875 00:37:25,763 --> 00:37:27,920 Tell her I need her here. 876 00:37:28,235 --> 00:37:30,107 Uh, tell her it's about the bill. 877 00:37:30,194 --> 00:37:31,795 I don't care. Just get her over here. 878 00:37:31,930 --> 00:37:33,236 What time were you thinking? 879 00:37:33,324 --> 00:37:35,413 I was thinking the others should be here at 2:00. 880 00:37:35,623 --> 00:37:37,427 Have Avery be here at 1:00. 881 00:37:41,099 --> 00:37:42,615 Ms. Kress. Yes? 882 00:37:42,703 --> 00:37:45,177 Dr. Bull and Mr. Colón are waiting for you. 883 00:37:48,791 --> 00:37:50,314 Dr. Bull. 884 00:37:50,605 --> 00:37:51,896 Mr. Colón. 885 00:37:52,599 --> 00:37:54,131 Am I on trial? 886 00:37:54,357 --> 00:37:56,185 Ms. Kress. Of course not. 887 00:37:56,523 --> 00:37:57,841 Well, what's so pressing? 888 00:37:57,929 --> 00:38:00,412 This can't really be about your bill. 889 00:38:00,521 --> 00:38:03,792 Looks like you have every toy that a lawyer 890 00:38:03,879 --> 00:38:05,982 or a trial scientist could fit in here. 891 00:38:06,435 --> 00:38:08,019 No, we just wanted to invite you 892 00:38:08,107 --> 00:38:09,192 to a little settlement conference 893 00:38:09,279 --> 00:38:10,177 we're putting together. 894 00:38:10,265 --> 00:38:13,529 Yeah. Your old clients the Elmasrys will be there. 895 00:38:13,873 --> 00:38:15,669 So will the attorney for James Donovan. 896 00:38:15,807 --> 00:38:17,490 We didn't want you to feel left out. 897 00:38:18,633 --> 00:38:20,679 Huh. I-I'm confused. 898 00:38:20,766 --> 00:38:24,074 You know I withdrew from this case. 899 00:38:24,161 --> 00:38:27,245 You know Immunity no longer insures the Elmasrys. 900 00:38:27,333 --> 00:38:28,469 We know. 901 00:38:28,818 --> 00:38:31,013 We just thought you might want to reconsider. 902 00:38:31,355 --> 00:38:33,270 Really? Why? 903 00:38:33,630 --> 00:38:36,779 Oh, a little legal thing called bad faith. 904 00:38:37,623 --> 00:38:39,958 Are you two accusing me of something? 905 00:38:40,095 --> 00:38:42,201 We're offering you a second chance. 906 00:38:42,341 --> 00:38:45,007 And those don't come around very often, 907 00:38:45,095 --> 00:38:47,138 so let's review your options. Option one. 908 00:38:47,226 --> 00:38:49,271 We continue with the trial, 909 00:38:49,359 --> 00:38:52,654 and the jury finds in favor of James 910 00:38:52,810 --> 00:38:54,930 to the tune of maybe $8 million? 911 00:38:55,017 --> 00:38:56,925 And the Elmasrys don't have $8 million. 912 00:38:57,013 --> 00:38:58,108 So then, 913 00:38:58,195 --> 00:39:00,365 with our help, they sue you. 914 00:39:02,155 --> 00:39:03,330 For? 915 00:39:03,417 --> 00:39:05,435 - The aforementioned bad faith. - Oh, 916 00:39:05,523 --> 00:39:07,612 did we forget to mention that... 917 00:39:07,935 --> 00:39:09,841 we've got a dozen e-mails here 918 00:39:09,929 --> 00:39:12,949 that say your company was fully aware 919 00:39:13,037 --> 00:39:15,734 of the $2 million offer that you originally gave 920 00:39:15,821 --> 00:39:17,308 and found it completely reasonable. 921 00:39:17,396 --> 00:39:18,824 Better than reasonable, 922 00:39:18,911 --> 00:39:21,005 considering it is an insurance company 923 00:39:21,093 --> 00:39:25,005 going up against a teenager in a wheelchair. 924 00:39:25,919 --> 00:39:27,615 But you turned it down. 925 00:39:27,935 --> 00:39:29,530 Not because you were trying to do 926 00:39:29,617 --> 00:39:30,771 what's best for the Elmasrys 927 00:39:30,859 --> 00:39:33,138 but because your company was trying to prove a point. 928 00:39:33,451 --> 00:39:35,536 A point you apparently were willing to make 929 00:39:35,623 --> 00:39:36,724 at your client's expense, 930 00:39:36,812 --> 00:39:39,467 which is not the way it's supposed to be done. 931 00:39:40,138 --> 00:39:41,325 Isn't it? 932 00:39:41,599 --> 00:39:42,978 You know as well as I do 933 00:39:43,065 --> 00:39:44,928 insurance companies aren't in the business of paying out 934 00:39:45,015 --> 00:39:46,843 just so everyone can feel good. 935 00:39:47,270 --> 00:39:49,854 That boy was old enough to understand his actions. 936 00:39:49,942 --> 00:39:52,154 We were perfectly within our rights to litigate. 937 00:39:52,242 --> 00:39:53,771 But you did not litigate. 938 00:39:53,859 --> 00:39:55,904 You walked out halfway through. 939 00:39:56,512 --> 00:39:57,857 The Elmasrys lied. 940 00:39:57,945 --> 00:40:01,583 The Elmasrys tried to save you and themselves some money 941 00:40:01,693 --> 00:40:03,608 because they knew if they filed a claim, 942 00:40:03,695 --> 00:40:05,436 you would raise their rates. 943 00:40:06,567 --> 00:40:07,646 And we would have. 944 00:40:07,734 --> 00:40:08,742 And you know 945 00:40:08,830 --> 00:40:11,404 damn well if you voided every policy you sold 946 00:40:11,616 --> 00:40:14,532 because the insured failed to file a claim, 947 00:40:14,619 --> 00:40:16,795 you'd have virtually no customers. 948 00:40:17,615 --> 00:40:18,797 You got into this trial 949 00:40:18,884 --> 00:40:21,019 and quickly realized what I told you is true. 950 00:40:21,107 --> 00:40:23,495 It is almost impossible to win 951 00:40:23,583 --> 00:40:26,718 against a minor in a wheelchair, no matter how he got there. 952 00:40:26,805 --> 00:40:29,068 And so you started looking for a loophole, 953 00:40:29,155 --> 00:40:31,623 any loophole, that would let you walk away. 954 00:40:31,799 --> 00:40:33,701 You acted in bad faith. 955 00:40:34,451 --> 00:40:36,944 You weren't looking out for the people you agreed to insure. 956 00:40:37,032 --> 00:40:39,904 You were looking out for yourself and your company. 957 00:40:40,318 --> 00:40:42,037 And New York state law is very clear. 958 00:40:42,125 --> 00:40:44,052 If Immunity Insurance acted in bad faith, 959 00:40:44,140 --> 00:40:45,779 they are on the hook 960 00:40:45,867 --> 00:40:48,511 for whatever number the jury comes up with. 961 00:40:48,599 --> 00:40:50,456 And I got to tell you, 962 00:40:50,544 --> 00:40:52,439 they're gonna come up with a whopper. 963 00:40:53,399 --> 00:40:55,755 Which brings us to your other option. 964 00:40:57,101 --> 00:40:58,429 Why don't you come upstairs with us 965 00:40:58,516 --> 00:41:00,040 before the jury comes back with a verdict? 966 00:41:00,127 --> 00:41:01,912 Give that boy $4 million, 967 00:41:02,000 --> 00:41:04,833 $2 million more than the original offer, 968 00:41:05,104 --> 00:41:07,910 and let the Elmasrys keep their business, 969 00:41:07,998 --> 00:41:09,216 and we can just... 970 00:41:09,304 --> 00:41:11,175 make this whole thing go away. 971 00:41:12,164 --> 00:41:13,643 You know, Bull, 972 00:41:13,816 --> 00:41:17,435 if we sue Immunity on behalf of the Elmasrys, 973 00:41:18,107 --> 00:41:19,944 I'm betting discovery would come up 974 00:41:20,032 --> 00:41:22,191 with a whole lot more interesting e-mails. 975 00:41:22,279 --> 00:41:23,466 Hmm. Benny. 976 00:41:23,554 --> 00:41:25,443 You just might be onto something. 977 00:41:27,896 --> 00:41:30,825 If you're right about the jury, 978 00:41:30,912 --> 00:41:32,873 if you're really convinced 979 00:41:32,990 --> 00:41:34,960 that they're going to ask for $8 million, 980 00:41:35,154 --> 00:41:38,349 why would the plaintiff settle for $4 million? 981 00:41:38,447 --> 00:41:39,443 Well, it turns out 982 00:41:39,531 --> 00:41:41,662 he wasn't completely truthful on the stand, 983 00:41:41,750 --> 00:41:44,797 and once I tell his attorney we're gonna go and talk 984 00:41:44,885 --> 00:41:48,005 to the judge about it, I think she's gonna settle right away. 985 00:41:48,693 --> 00:41:49,912 Shall we head up? 986 00:41:51,458 --> 00:41:52,469 Let's. 987 00:41:52,629 --> 00:41:53,630 Hey! 988 00:41:53,718 --> 00:41:55,037 Anybody else hungry? 989 00:41:55,125 --> 00:41:57,560 Anybody else feel like pizza? 990 00:41:58,950 --> 00:42:02,563 Maybe we can get the Elmasrys to bring a pie over with them. 991 00:42:02,767 --> 00:42:03,982 Is it really that good? 992 00:42:04,070 --> 00:42:05,985 Oh, I hear it's great. 993 00:42:06,208 --> 00:42:07,470 Call them. 994 00:42:07,862 --> 00:42:09,318 You're kind of pushy, you know that? 995 00:42:09,406 --> 00:42:11,769 Hey. You don't have to like her. 996 00:42:11,857 --> 00:42:13,457 You just have to defend her. Captioned by 997 00:42:13,545 --> 00:42:15,865 Media Access Group at WGBH Sync corrections by srjanapala