1
00:00:00,266 --> 00:00:02,100
You own a limousine business.

2
00:00:02,166 --> 00:00:04,867
Someone posted an unflattering review.

3
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People are saying I'm a drunk driver,
I'm an alcoholic.

4
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She's the moderator of the page.
Just take it down.

5
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I did not personally approve that post.

6
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I was running a little bit late
to take a bunch of party girls to a club.

7
00:00:15,567 --> 00:00:16,500
You didn't show.

8
00:00:16,567 --> 00:00:18,500
The other driver did the job
within half an hour.

9
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-You think that's right?
-May I ask?

10
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Why do I have to apologize to her?

11
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Whoa, whoa, whoa, whoa, whoa, whoa.

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[narrator]
Now, on Tribunal Justice.

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[theme music playing]

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[narrator] Today's case
was filed in Sarasota, Florida.

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Your Honor, this is case #3052
on the calendar

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00:00:55,600 --> 00:00:57,734
in the matter
of Ward versus Borock.

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-Thank you, Byrd.
-You're welcome, Judge.

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Parties have been sworn in.
You may be seated.

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Mr. Ward, you own a limousine business,
and Ms. Borock,

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you are a moderator for a Facebook group

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that provides information
about local businesses.

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The name of your Facebook group is
Sarasota, Word of Mouth.

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And Mr. Ward, you're now suing Ms. Borock

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because someone posted an
unflattering review about your services.

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She refused to take it down.
You maintain

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that you lost a good deal of business
as a result of that post remaining up,

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and you're now suing her for $5,000.

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Ms. Borock, you deny
owing Mr. Ward any money.

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You say you didn't make the post,
you didn't approve the post,

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and the post was ultimately taken down.

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So, you claim you owe him nothing.

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Mr. Ward, how long
have you been in business?

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[Eddie]
Over 30 years.

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[Acker]
You've had some very illustrious clients.

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Can we put up Exhibit Eight, please?

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Quite an old picture of you
and our current president.

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When was this taken?

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-[Eddie] That was taken a long time ago.
-[Acker] It was.

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You both look like babies.

40
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I worked for him for a couple years.
Just recently back at Mar-a-Lago.

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[Acker] You were a driver
for the now president?

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Yes, ma'am.

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00:02:05,967 --> 00:02:08,233
Let's get to the heart of your case.
Who's Melissa Presley?

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00:02:08,300 --> 00:02:11,967
I don't know. Just a client
who made a reservation with me

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and then canceled it
'cause we had hurricanes.

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I lost my house during the hurricane.

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And we rescheduled a couple,
about a week or so later,

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to take a bunch of party girls
out to a club, like an Uber.

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So, I was running a little bit late.

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She said, hey, where you at?
I said I'm running a few minutes late.

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I'll be there when I get there.

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I had a client in the car
so I couldn't answer the phone.

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That's why I sent her a text back...

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So, just so we're clear,
Melissa Presley was someone

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who had booked your services,
and you didn't show up on time.

56
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Correct.

57
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Is this the post you wanted the Defendant
to remove?

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Yes. Why couldn't Melissa just
put on her own page, on her own wall,

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instead of going to the Word of Mouth page
where there's 65,000 people to see,

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that I'm running a little bit late?

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-Ms. Borock.
-Yes, ma'am.

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[Acker]
What's your role at this Facebook page?

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Um, I'm a moderator,
so I sometimes help approve posts,

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um, approve members.

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I make sure that people aren't spamming,
being rude to anybody else.

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Did you approve this post?

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I did not personally approve
that post, no.

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What does the group do?

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So, Sarasota, Word of Mouth
is kind of what its namesake is,

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it's word of mouth. So, you can
give referrals for good businesses.

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So, if you wanted to post, looking for
a great hair and makeup artist,

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um, we don't...

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[Acker] It's a review service.
So, potential consumers

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can see what other clients thought
about the services being offered.

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Yes, ma'am.

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[Acker] What sort of rules are in place
to make sure

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that somebody doesn't just post something
that's a slur or untrue?

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So, we try to vet everybody.

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We only allow negative reviews
to the wall itself

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because it's too hard to go through
everybody's page originally,

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and be like, okay, well,
this is the boyfriend of this person,

82
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so they're just posting
a good review for them.

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There's a lot of fake good reviews.

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With negative reviews,
we try to look everything over,

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make sure that there's evidence.

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Melissa had screenshots
in her post of Eddie not responding.

87
00:04:02,600 --> 00:04:04,600
In fact, can we put up Exhibit 12?

88
00:04:04,667 --> 00:04:09,266
Melissa's support for the bad experience
that she had with the Plaintiff.

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And Mr. Ward, you admit
you didn't show up on time.

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-You were pretty honest about it.
-[Eddie] Yes.

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It was scheduled for 7:30,
I was gonna be there around 8:00.

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So, why does the Defendant have
an obligation to remove a post

93
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that you yourself admit was true?

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00:04:22,533 --> 00:04:26,567
Okay. Well, that post that continued on
was a bunch of...

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People were saying I'm a drunk driver.
I'm an alcoholic.

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And then it just spun out of control
of a bunch of fake stuff.

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I asked her to take the post off the wall.
Just take it down.

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-That's it. Just take it down.
-[Acker] Hold on.

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Let's put up Exhibit One,
a comment to the original post

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that suggests that you were driving drunk,

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and driving customers
while you were intoxicated.

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Complete 100 made-up stuff.

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How can you prove it's made-up?
It's your burden.

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I don't even know who these people are.
I looked up their profiles

105
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and there's like two pictures, that's it.
No history, no stories.

106
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So, those are fake posts.

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00:05:00,367 --> 00:05:02,667
Those are fake profiles
making up fake posts.

108
00:05:02,734 --> 00:05:05,767
Now, let me ask Ms. Borock,
were you aware of this comment?

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Yes.

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But did this person
who made this post

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provide any evidence
of the fact that he was actually drunk?

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Because this is a pretty serious charge.

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I'm not sure.
There was hundreds of comments

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and everything was happening very fast.

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I also have three kids, a business,
a job, so I'm not on this 24/7.

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That's why there's so many...

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-So, you may have missed it.
-Yes, ma'am.

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[Acker]
But you did tell him to do what?

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I told him that
if he would apologize to her,

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or if he wanted to tag me
in any derogatory comments,

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I would remove those for him.

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Did you tag her? Because
I didn't see evidence that she was tagged.

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-I just saw...
-I was not allowed to post.

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I was not allowed to respond
to any of the posts.

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She blocked me from responding
to any of the posts.

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[dramatic music playing]

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[narrator]
Coming up on Tribunal Justice.

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You're lying to me.

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00:05:50,100 --> 00:05:51,266
I'm not lying.

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Now, that makes
everything you say to me suspect.

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[main theme playing]

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[narrator] Limo driver Eddie Ward
says a scathing online review

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00:06:02,166 --> 00:06:04,133
threatened to destroy his business,

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so he's suing the website's moderator,
Rachel Borock for $5,000 in lost wages.

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00:06:09,500 --> 00:06:13,633
Rachel says Eddie made no attempt
to remedy the situation he created.

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So, she owes nothing.

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00:06:15,667 --> 00:06:18,767
I want to talk about your claim
for damages, Mr. Ward,

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00:06:18,834 --> 00:06:22,800
because you submitted evidence
that you lost business.

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00:06:22,867 --> 00:06:25,367
That someone was going to book with you

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00:06:25,433 --> 00:06:28,967
and that they subsequently
did not make the booking.

141
00:06:29,033 --> 00:06:30,700
It's Exhibit Two.

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00:06:30,767 --> 00:06:32,633
It's a Facebook message, isn't it?

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00:06:32,700 --> 00:06:33,800
A private message, yes.

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[Acker] And it says that the message
originated from Ohio.

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And you are in Florida.

146
00:06:39,467 --> 00:06:41,300
How do I know you didn't do this?

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00:06:41,367 --> 00:06:44,133
Florida's a transient state.
Visitors come down every week.

148
00:06:44,200 --> 00:06:46,233
Visitors from Ohio
could be in Florida tomorrow.

149
00:06:46,300 --> 00:06:48,967
How do I know what that person
was gonna pay for your services?

150
00:06:49,033 --> 00:06:52,000
-Maybe they were gonna book you for $20.
-I don't know, ma'am.

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00:06:52,066 --> 00:06:53,600
[Acker]
The fact that you don't know

152
00:06:53,667 --> 00:06:55,767
makes it hard for me
to rely on this evidence.

153
00:06:55,834 --> 00:06:57,933
Do you have any other evidence
of losses?

154
00:06:58,000 --> 00:07:01,667
It's hard to prove evidence
when it's phone calls and other texts.

155
00:07:01,734 --> 00:07:03,500
I didn't realize I was gonna be here...

156
00:07:03,567 --> 00:07:05,166
I'm glad you mentioned phone calls

157
00:07:05,233 --> 00:07:09,100
because you were doing a lot of engaging
with the folks on this platform.

158
00:07:09,166 --> 00:07:11,900
-I guess private message and...
-Just take the post down.

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00:07:11,967 --> 00:07:13,967
It's causing me a lot of damage
and havoc.

160
00:07:14,033 --> 00:07:17,066
And then, you submitted evidence
of what you say is harassment

161
00:07:17,133 --> 00:07:20,900
by the Defendant's boyfriend.
Can we put up Exhibit Nine, please?

162
00:07:22,734 --> 00:07:27,166
So, this is a bunch of really nasty...
[laughs]

163
00:07:27,233 --> 00:07:30,000
-words being exchanged...
-He wants to do gay things to me.

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00:07:30,066 --> 00:07:31,867
[Acker]
...between you and someone else.

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00:07:31,934 --> 00:07:33,767
That's you, sir, the blue bubble.

166
00:07:33,834 --> 00:07:35,400
-[Eddie] Yeah, that's my side.
-That's you.

167
00:07:35,467 --> 00:07:37,700
By the way,
you give as good as you get.

168
00:07:37,767 --> 00:07:40,133
But how do I know
that they're from her boyfriend?

169
00:07:40,200 --> 00:07:42,332
They're from other administrators
of that page.

170
00:07:42,400 --> 00:07:43,400
How do I know that?

171
00:07:43,467 --> 00:07:45,166
-You have to prove it.
-[Eddie] Yeah.

172
00:07:45,233 --> 00:07:48,133
[Acker] Ms. Borock,
how many moderators are there on the site?

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00:07:48,200 --> 00:07:49,266
I believe five or six.

174
00:07:49,332 --> 00:07:50,834
[Acker]
There are five or six moderators...

175
00:07:50,900 --> 00:07:52,933
She claimed she's a moderator
that's in charge.

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00:07:53,000 --> 00:07:56,600
And she's the one telling me to apologize
and then she'll take the post down.

177
00:07:56,667 --> 00:07:59,600
Who do I apologize to
and what am I apologizing for?

178
00:07:59,667 --> 00:08:01,533
Okay, I need you to stop.

179
00:08:01,600 --> 00:08:02,734
I need you to stop.

180
00:08:02,800 --> 00:08:08,333
Now, I need to understand why
you are suing this particular Defendant.

181
00:08:08,400 --> 00:08:12,266
Okay. She's the one
that said she's the moderator of the page.

182
00:08:12,333 --> 00:08:15,066
That's why there's lots of communication
between her and I.

183
00:08:15,133 --> 00:08:18,166
Me asking her just take the post down.
That's all that I'm asking.

184
00:08:18,233 --> 00:08:22,100
She's even laughing at me saying,
I'll take it down when you apologize.

185
00:08:22,166 --> 00:08:25,200
I'm like, who am I apologizing to
and for what for?

186
00:08:25,266 --> 00:08:28,433
The job I was running late for
was picked up by another driver

187
00:08:28,500 --> 00:08:32,265
within 30 minutes, which means,
okay, the job is being covered.

188
00:08:32,332 --> 00:08:34,332
-I'm done, I can go on.
-[Acker] But not your driver.

189
00:08:34,400 --> 00:08:36,467
-It wasn't a driver that you dispatched.
-Yeah.

190
00:08:36,533 --> 00:08:40,667
You knew why she wanted you to apologize.
Put aside whether or not you needed to...

191
00:08:40,734 --> 00:08:42,700
I didn't know what I'm apologizing for.

192
00:08:42,767 --> 00:08:44,967
For not showing up
when you were paid to do a job.

193
00:08:45,033 --> 00:08:46,100
I wasn't paid.

194
00:08:46,165 --> 00:08:47,433
[Acker]
To come here and play dumb.

195
00:08:47,500 --> 00:08:49,333
You don't show up
when somebody books you for a job

196
00:08:49,400 --> 00:08:51,100
and you don't know why
you should apologize.

197
00:08:51,165 --> 00:08:53,133
-Maybe that's why you got the bad review
-[indistinct]

198
00:08:53,200 --> 00:08:55,400
'cause you don't understand
customer service.

199
00:08:55,467 --> 00:08:57,467
-[Eddie] The job was covered.
-Judge DiMango?

200
00:08:57,533 --> 00:08:59,567
You know, Jerry Seinfeld had a skit

201
00:08:59,633 --> 00:09:03,033
where he goes to pick up a car
that he had reserved.

202
00:09:03,100 --> 00:09:04,800
And they say, we don't have the car.

203
00:09:04,867 --> 00:09:08,467
And he says,
you know how to make the reservation,

204
00:09:08,533 --> 00:09:11,166
you just don't know how
to keep the reservation.

205
00:09:11,233 --> 00:09:15,700
And that's kinda what happened here.
You made a reservation

206
00:09:15,767 --> 00:09:18,834
with this young lady
for her bachelorette party.

207
00:09:18,900 --> 00:09:21,734
And then, when the time came,
you didn't show.

208
00:09:21,800 --> 00:09:24,633
-Now, I think the mix-up here is...
-Running late.

209
00:09:24,700 --> 00:09:27,333
...the apology, and you
correct me if I'm wrong,

210
00:09:27,400 --> 00:09:31,467
the apology that you wanted him
to make was at the time of the call.

211
00:09:31,533 --> 00:09:34,900
When she reached out to you
and she said, hey, where are you?

212
00:09:34,967 --> 00:09:39,600
That's the point in time that
the apology was being suggested.

213
00:09:39,667 --> 00:09:41,433
Would I be correct about that?

214
00:09:41,500 --> 00:09:45,467
Partially. But also, I just think,
today's day and age with social media,

215
00:09:45,533 --> 00:09:48,300
I think everyone would've been on his side
if he'd just taken accountability.

216
00:09:48,367 --> 00:09:51,767
Right. Maybe if you'd been accountable
at that moment in time,

217
00:09:51,834 --> 00:09:53,467
you wouldn't have even had the post.

218
00:09:53,533 --> 00:09:57,600
When you said to him, if you would tag me
on the wall or whatever,

219
00:09:57,667 --> 00:09:59,033
what is that? Tell me.

220
00:09:59,100 --> 00:10:00,900
I meant if he would tag me
in the comments.

221
00:10:00,967 --> 00:10:04,266
So, if there was a negative comment,
like, somebody on there

222
00:10:04,333 --> 00:10:08,567
was actually threatening Melissa about,
you can't talk bad about Eddie.

223
00:10:08,633 --> 00:10:10,734
We'll bash you over
with a beer bottle.

224
00:10:10,800 --> 00:10:12,967
So, a comment like that,
I got tagged in.

225
00:10:13,033 --> 00:10:15,667
I removed that person,
I removed that comment.

226
00:10:15,734 --> 00:10:17,700
Why can't there be another way
for you to remove it?

227
00:10:17,767 --> 00:10:20,467
Why couldn't it be the fact
that he reached out to you and said,

228
00:10:20,533 --> 00:10:23,800
this post is causing me problems?
Not this post so much,

229
00:10:23,867 --> 00:10:27,233
but the one that was allegedly responded
to by the other person.

230
00:10:27,300 --> 00:10:29,700
He did not send me the other post
or anything like that.

231
00:10:29,767 --> 00:10:31,333
I said, if there's any comments...

232
00:10:31,400 --> 00:10:33,600
You never saw the other post?

233
00:10:33,667 --> 00:10:37,533
I did see that one later on
when I started to review after everything,

234
00:10:37,600 --> 00:10:41,834
but originally, this was the only post
and there was over 500 comments.

235
00:10:41,900 --> 00:10:43,767
[DiMango]
Sir, you've been in business a long time.

236
00:10:43,834 --> 00:10:44,667
Yes.

237
00:10:44,734 --> 00:10:46,467
[DiMango] You make some enemies
along the way.

238
00:10:46,533 --> 00:10:47,900
-No.
-[DiMango] You have good business

239
00:10:47,967 --> 00:10:49,133
and some bad business.

240
00:10:49,200 --> 00:10:53,266
And if you do something wrong
and you make someone angry,

241
00:10:53,333 --> 00:10:55,300
they are going to post something.

242
00:10:55,367 --> 00:10:58,900
Her job as the moderator is
to make sure that that post

243
00:10:58,967 --> 00:11:01,834
was not false,
was not slanderous.

244
00:11:01,900 --> 00:11:04,800
And indeed, it was true. Correct?

245
00:11:04,867 --> 00:11:06,266
-No.
-[DiMango stammers]

246
00:11:06,333 --> 00:11:08,300
Are you gonna tell me
that this is not true?

247
00:11:08,367 --> 00:11:09,633
You didn't go late?

248
00:11:09,700 --> 00:11:11,567
-May I answer?
-No, I want an answer

249
00:11:11,633 --> 00:11:13,734
to that question
because once you start to lie...

250
00:11:13,800 --> 00:11:16,667
I was gonna be there at 8:00
instead of 7:30.

251
00:11:16,734 --> 00:11:19,567
No, I read the post.
It said you confirmed with her.

252
00:11:19,633 --> 00:11:22,233
This is the worst thing you could've done
for yourself right now.

253
00:11:22,300 --> 00:11:24,633
7:00, 7:30, 8:00, 8:30,
it could've been anytime.

254
00:11:24,700 --> 00:11:27,400
Then why didn't you get to her house
at 6:00 and wait till they came out?

255
00:11:27,467 --> 00:11:29,333
Because I was in Miami
with a group for three days.

256
00:11:29,400 --> 00:11:31,266
-I was on my way...
-Now you have a new thing,

257
00:11:31,333 --> 00:11:32,633
-group for three days.
-A family.

258
00:11:32,700 --> 00:11:35,165
First, you're with a client,
now with a group for three days.

259
00:11:35,233 --> 00:11:36,165
Yeah, comin' back.

260
00:11:36,233 --> 00:11:38,100
-You're lying to me.
-I'm not lying.

261
00:11:38,165 --> 00:11:41,100
And now, that makes everything
you say to me suspect.

262
00:11:41,165 --> 00:11:42,633
[dramatic music playing]

263
00:11:42,700 --> 00:11:44,967
[narrator]
Coming up on Tribunal Justice.

264
00:11:45,033 --> 00:11:46,967
Another driver that used to work for me
picked 'em up.

265
00:11:47,033 --> 00:11:48,333
[Levy] You think that's right?

266
00:11:48,400 --> 00:11:50,867
My child says that that was right,
I'd take away their Game Boy.

267
00:11:50,934 --> 00:11:52,734
Do they even have Game Boys anymore?

268
00:11:52,800 --> 00:11:54,165
[all laugh]

269
00:11:55,600 --> 00:11:57,200
[main theme playing]

270
00:11:57,400 --> 00:12:00,233
[narrator] Limo driver
Eddie Ward says he was the victim

271
00:12:00,300 --> 00:12:03,667
of an online hit job when
website moderator Rachel Borock

272
00:12:03,734 --> 00:12:05,834
allowed a poor review to be posted.

273
00:12:05,900 --> 00:12:08,233
He's suing her for $5,000.

274
00:12:08,300 --> 00:12:10,133
But Rachel says the review was true

275
00:12:10,200 --> 00:12:13,200
and Eddie is just having a major meltdown.

276
00:12:13,266 --> 00:12:18,200
You're lying to me. And now, that makes
everything you say to me suspect.

277
00:12:18,266 --> 00:12:20,800
I'm not lying about anything.
I was running a little late.

278
00:12:20,867 --> 00:12:22,433
-Come on.
-[Eddie] Another driver showed up.

279
00:12:22,500 --> 00:12:24,433
[DiMango] You were still late.
That's not the point.

280
00:12:24,500 --> 00:12:25,467
I didn't even show up.

281
00:12:25,533 --> 00:12:27,667
The other driver did the job
within half an hour.

282
00:12:27,734 --> 00:12:30,867
-[DiMango] Okay, thank you for that.
-I was coming back from Miami.

283
00:12:30,934 --> 00:12:32,467
-Judge Levy?
-[Levy] Mr. Ward,

284
00:12:32,533 --> 00:12:34,667
I think I understand your position
pretty well

285
00:12:34,734 --> 00:12:36,800
-that you were just running late.
-Yes, sir.

286
00:12:36,867 --> 00:12:38,567
What time were you supposed to be there?

287
00:12:38,633 --> 00:12:40,767
I thought it was 7:30,
but I was gonna be there around 8:00.

288
00:12:40,834 --> 00:12:43,767
At that time, at 8:00,
you actually have other people with you,

289
00:12:43,834 --> 00:12:45,467
according to what you told Judge Acker.

290
00:12:45,533 --> 00:12:47,700
Droppin' them off
and I'm about five minutes away.

291
00:12:47,767 --> 00:12:52,767
Okay. Can you please show me
the text that you sent to Melissa

292
00:12:52,834 --> 00:12:55,900
in which you said, I'm five minutes away,
I'll be right there.

293
00:12:55,967 --> 00:12:59,667
'Cause that's gonna be really important.
'Cause I can tell ya, if it's not there...

294
00:12:59,734 --> 00:13:01,533
-[Eddie] It's here.
-Good, let me see.

295
00:13:01,600 --> 00:13:04,033
I do a lot of charity work
for the hospital administrators.

296
00:13:04,100 --> 00:13:05,734
So, to damage my reputation...

297
00:13:05,800 --> 00:13:07,600
No, no, no. Focus.

298
00:13:07,667 --> 00:13:10,800
May I ask? Why do I have to apologize
to her about...

299
00:13:10,867 --> 00:13:13,000
Whoa, whoa, whoa, whoa, whoa, whoa.

300
00:13:13,066 --> 00:13:14,533
Asking a question
that's been on my mind.

301
00:13:14,600 --> 00:13:16,166
[Levy]
Just find me your text

302
00:13:16,233 --> 00:13:19,500
where you apologized for running late.

303
00:13:19,567 --> 00:13:21,734
I did delete a lot of stuff
from being upset...

304
00:13:21,800 --> 00:13:24,400
No, you wouldn't. You would
not have deleted the only evidence

305
00:13:24,467 --> 00:13:27,033
that would've proved you were correct,

306
00:13:27,100 --> 00:13:31,767
that would have established a basis
for the Defendant to take down the post

307
00:13:31,834 --> 00:13:35,200
when she was saying to you
over and over and over again,

308
00:13:35,266 --> 00:13:38,333
why don't you just apologize?
You would've said, I did apologize.

309
00:13:38,400 --> 00:13:40,900
I told her, I'm sorry for being late,
I'm gonna be right there.

310
00:13:40,967 --> 00:13:42,165
You never did that.

311
00:13:42,233 --> 00:13:43,967
They got another ride within ten minutes.

312
00:13:44,033 --> 00:13:46,367
-Why do I have to...
-[Levy] So, because...

313
00:13:46,433 --> 00:13:48,165
So, if I'm talking to my child,

314
00:13:48,233 --> 00:13:50,367
and we're having this conversation
right now,

315
00:13:50,433 --> 00:13:52,300
what I would say to my child is,

316
00:13:52,367 --> 00:13:57,000
so, let me understand you correctly.
Because you screwed up,

317
00:13:57,066 --> 00:14:00,400
someone else's life was
made more difficult.

318
00:14:00,467 --> 00:14:04,934
And you just chose not to apologize
because they figured out another way

319
00:14:05,000 --> 00:14:07,333
to get what they needed.
You think that's right?

320
00:14:07,400 --> 00:14:09,967
Another driver that used to work for me
picked 'em up.

321
00:14:10,033 --> 00:14:12,166
You think that's right?
My child says that that was right,

322
00:14:12,233 --> 00:14:13,433
I'd take away their Game Boy.

323
00:14:13,500 --> 00:14:15,233
Do they even have Game Boys anymore?

324
00:14:15,300 --> 00:14:16,533
[all chuckle]

325
00:14:16,600 --> 00:14:18,333
I got older kids. Okay.

326
00:14:18,400 --> 00:14:20,800
You were asked by Judge Acker,
why didn't you apologize?

327
00:14:20,867 --> 00:14:23,834
I didn't know where I was stayin' that
night 'cause my house was blown away.

328
00:14:23,900 --> 00:14:25,000
[Levy]
I got it. I got it.

329
00:14:25,066 --> 00:14:26,400
So, let me ask you a question.

330
00:14:26,467 --> 00:14:29,066
When the Defendant suggested to you

331
00:14:29,133 --> 00:14:33,100
that you simply respond to Melissa's text.
Correct?

332
00:14:33,165 --> 00:14:34,233
Yes, sir.

333
00:14:34,300 --> 00:14:38,500
And explain
that you apologize for being late.

334
00:14:38,567 --> 00:14:41,200
You apologize for it slipping your mind.
And the reason is

335
00:14:41,266 --> 00:14:44,400
because we as a community
know that we just had this hurricane

336
00:14:44,467 --> 00:14:47,000
and there's a lot goin' on.
You received that.

337
00:14:47,066 --> 00:14:48,700
Yeah. And I did respond.

338
00:14:48,767 --> 00:14:50,467
-[Levy] Hold on.
-They denied my post.

339
00:14:50,533 --> 00:14:52,633
-The wouldn't let me respond...
-[Levy] Is that correct?

340
00:14:52,700 --> 00:14:53,533
No, sir.

341
00:14:53,600 --> 00:14:55,967
[Levy] I see absolutely no evidence
to suggest that's correct.

342
00:14:56,033 --> 00:14:58,066
Because there are other texts
that you sent.

343
00:14:58,133 --> 00:15:01,200
There were other Facebook posts
after that initial incident

344
00:15:01,266 --> 00:15:02,667
when the appointment with Melissa

345
00:15:02,734 --> 00:15:03,767
-slipped your mind.
-Yes.

346
00:15:03,834 --> 00:15:07,333
You said, what am I apologizing for
and who am I apologizing to?

347
00:15:07,400 --> 00:15:09,166
-Yeah.
-[Levy] So, that would be Melissa.

348
00:15:09,233 --> 00:15:11,433
-I said that.
-That'd be for slipping your mind.

349
00:15:11,500 --> 00:15:14,033
And you chose not to do that.
And that's your choice.

350
00:15:14,100 --> 00:15:17,066
And I would've, but they had
another driver picked up right away.

351
00:15:17,133 --> 00:15:19,734
Yeah, I got it.
We're back to my kid's story.

352
00:15:19,800 --> 00:15:20,767
Let me ask you this.

353
00:15:20,834 --> 00:15:23,433
You go with your mother
to a doctor's appointment with her.

354
00:15:23,500 --> 00:15:25,066
No, I don't do that.

355
00:15:25,133 --> 00:15:27,166
[Levy] Pretend you're a good son
and you did.

356
00:15:27,233 --> 00:15:28,767
All right. [laughs]

357
00:15:28,834 --> 00:15:31,900
So, you drive her to a doctor's
appointment that she scheduled

358
00:15:31,967 --> 00:15:35,633
and it took her a month to get.
And when you two show up,

359
00:15:35,700 --> 00:15:38,700
the person in the doctor's office says,
you know what,

360
00:15:38,767 --> 00:15:40,667
this appointment slipped my mind.

361
00:15:40,734 --> 00:15:43,600
In Sarasota, every doctor's running late
by hours,

362
00:15:43,667 --> 00:15:45,467
because I take people
to doctor's offices.

363
00:15:45,533 --> 00:15:47,165
All right. So, two wrongs...
I get it.

364
00:15:47,233 --> 00:15:48,567
Another driver picked up the job.

365
00:15:48,633 --> 00:15:51,000
I don't understand
why this is such a dramatic event.

366
00:15:51,066 --> 00:15:54,667
And then, people started making stuff up.
That's the part I'm upset about.

367
00:15:54,734 --> 00:15:57,600
Okay, I agree, I'm runnin' late.
The post is fine.

368
00:15:57,667 --> 00:15:59,266
But the follow up stuff.

369
00:15:59,333 --> 00:16:00,500
Yeah, that's okay.

370
00:16:00,567 --> 00:16:01,867
-[Eddie] No, it's not.
-Yeah...

371
00:16:01,934 --> 00:16:05,133
I'm not an alcoholic. I don't drink ever.
You'll never see me in a bar.

372
00:16:05,200 --> 00:16:07,133
-You'll never see me with a drink.
-[Levy] Mr. Ward.

373
00:16:07,200 --> 00:16:10,133
But I'm losing business because
somebody's post says I'm a drinker.

374
00:16:10,200 --> 00:16:12,367
Listen to me.
There's no one in this courtroom

375
00:16:12,433 --> 00:16:14,633
that knows more
about defamation cases than I do.

376
00:16:14,700 --> 00:16:17,033
I've brought them, I've defended them.

377
00:16:17,100 --> 00:16:18,233
-It hurts.
-[Levy] Mm-hmm.

378
00:16:18,300 --> 00:16:22,166
It sure does. But the ones that I brought
were legitimate.

379
00:16:22,233 --> 00:16:26,100
The posts that people said about me
that attacked my credibility,

380
00:16:26,166 --> 00:16:29,934
my reputation that I worked so hard for
like you claim you did yours,

381
00:16:30,000 --> 00:16:31,934
they were false postings.

382
00:16:32,000 --> 00:16:35,165
People like you who do something
like you did to Melissa

383
00:16:35,233 --> 00:16:37,367
don't apologize,
and then, you acknowledge

384
00:16:37,433 --> 00:16:40,467
the truth of those statements.
And you want to silence them

385
00:16:40,533 --> 00:16:44,867
simply because of the effect
that your own misconduct has on you?

386
00:16:44,934 --> 00:16:48,533
You know what? There's no place
in the law to help you for that.

387
00:16:48,600 --> 00:16:51,033
None whatsoever.
I have nothing further. Thank you.

388
00:16:51,100 --> 00:16:53,033
[Acker]
When was the post taken down?

389
00:16:53,100 --> 00:16:56,165
Melissa posted this on October 21st.

390
00:16:56,233 --> 00:16:59,333
It was removed on the 23rd

391
00:16:59,400 --> 00:17:03,000
because Eddie was calling
and harassing the company

392
00:17:03,066 --> 00:17:05,367
that the owner of the group also owns.

393
00:17:05,433 --> 00:17:07,967
So, the post was up for two days.

394
00:17:08,032 --> 00:17:12,400
Just to be clear, it's my understanding
that all of the comments are also removed.

395
00:17:12,467 --> 00:17:15,367
So, the comment about him
allegedly having been wasted was removed.

396
00:17:15,433 --> 00:17:16,433
Yes, ma'am.

397
00:17:16,500 --> 00:17:20,032
I don't see any losses,
but I also don't have anything further.

398
00:17:20,099 --> 00:17:22,500
I have a couple of things
that I was going to ask you,

399
00:17:22,567 --> 00:17:24,532
and hesitated to, but you raised it.

400
00:17:24,599 --> 00:17:27,700
When somebody says to me,
I never, ever, ever, ever drink,

401
00:17:27,767 --> 00:17:31,100
I always know that there's
probably been a drinking issue.

402
00:17:31,166 --> 00:17:33,800
How long ago did you stop drinking?

403
00:17:33,867 --> 00:17:35,900
I've never had an issue with alcohol.

404
00:17:35,967 --> 00:17:39,400
I've never been in trouble with alcohol.
I stopped drinking in my early 20s.

405
00:17:39,467 --> 00:17:41,800
I'm a limo driver. I'm a chauffeur.

406
00:17:41,867 --> 00:17:44,433
I'm sorry, I do have something.
On October 11th,

407
00:17:44,500 --> 00:17:47,266
Eddie posted, in Siesta Key,
hurricane kitchen prep.

408
00:17:47,333 --> 00:17:49,834
And it includes a bottle of Jack Daniels.

409
00:17:49,900 --> 00:17:51,066
Yeah.

410
00:17:51,133 --> 00:17:54,633
Alcohol goes a long way when you're in a
hurricane zone with other stranded people.

411
00:17:54,700 --> 00:17:55,900
It's like currency.

412
00:17:55,967 --> 00:17:58,734
Thank you for that.
I think that we're okay.

413
00:17:58,800 --> 00:18:00,900
We're gonna retire to deliberate
at this time.

414
00:18:00,967 --> 00:18:02,633
I hand out shots during hurricane parties.

415
00:18:02,700 --> 00:18:04,834
Thank you so much.
We're gonna retire to deliberate.

416
00:18:04,900 --> 00:18:07,667
Court now stands in recess.
This case will be recalled.

417
00:18:07,734 --> 00:18:09,200
Parties are excused.

418
00:18:17,800 --> 00:18:21,100
I barely know where to start
because there are so many reasons

419
00:18:21,166 --> 00:18:24,800
why his case fails.
First, she's not the owner of the site.

420
00:18:24,867 --> 00:18:29,166
So, if he has a grievance,
arguably he should have sued the owner.

421
00:18:29,233 --> 00:18:31,533
Secondly, platforms like this

422
00:18:31,600 --> 00:18:34,934
are generally not liable
for third-party content.

423
00:18:35,000 --> 00:18:37,433
Unless they are somehow
pushing the content.

424
00:18:37,500 --> 00:18:40,266
So, for instance, you know,
there was a case involving TikTok,

425
00:18:40,333 --> 00:18:41,667
where TikTok was found liable

426
00:18:41,734 --> 00:18:44,667
because they were actually
suggesting content to viewers.

427
00:18:44,734 --> 00:18:47,300
Where the platform is simply
receiving information

428
00:18:47,367 --> 00:18:50,934
from third-parties, there's no liability.
We wouldn't have an Internet

429
00:18:51,000 --> 00:18:53,867
if we imposed liability
under those circumstances.

430
00:18:53,934 --> 00:18:56,667
Thirdly, the content,
at least the main post,

431
00:18:56,734 --> 00:18:58,567
was true by his own admission.

432
00:18:58,633 --> 00:19:00,967
I know he may think it's not a big deal
to show up late

433
00:19:01,033 --> 00:19:02,433
when you're picking people up.

434
00:19:02,500 --> 00:19:04,767
I like how he was like,
they were just girls going to a bar.

435
00:19:04,834 --> 00:19:07,767
I'm like, girls going to a bar
need a driver. That's the point.

436
00:19:07,834 --> 00:19:12,233
The comment was ultimately taken down.
He's shown me no evidence of damages.

437
00:19:12,300 --> 00:19:15,400
So, I think that his case fails
every which way.

438
00:19:15,467 --> 00:19:18,533
I think it fails on so many levels
as well.

439
00:19:18,600 --> 00:19:20,667
And primarily, I didn't find him credible.

440
00:19:20,734 --> 00:19:25,066
He was just throwing things out there
to kind of embellish his story.

441
00:19:25,133 --> 00:19:28,300
And the Internet is what it is.
And I said it; we all said it;

442
00:19:28,367 --> 00:19:30,700
he should've apologized
at the outset.

443
00:19:30,767 --> 00:19:34,233
No good deed goes unpunished.
Why her?

444
00:19:34,300 --> 00:19:36,867
It was because she was
the only one in that group

445
00:19:36,934 --> 00:19:39,767
that decided to take the time
to try to help him.

446
00:19:39,834 --> 00:19:42,767
And I think as all of us now know,
he's not helpable.

447
00:19:42,834 --> 00:19:44,433
-No, he's not.
-He's beyond help.

448
00:19:44,500 --> 00:19:47,300
And he viewed that almost like a vendetta
that she had against him.

449
00:19:47,367 --> 00:19:49,433
I mean, he took that to such an extreme.

450
00:19:49,500 --> 00:19:52,533
I'm glad you reminded us of that point,
because if she had just ignored him...

451
00:19:52,600 --> 00:19:53,667
Like everybody else.

452
00:19:53,734 --> 00:19:56,500
Like everybody else did,
she wouldn't be a Defendant in a lawsuit.

453
00:19:56,567 --> 00:19:58,300
-I agree with you both.
-I think we're unanimous.

454
00:19:58,367 --> 00:19:59,300
-Yes.
-Okay, we are.

455
00:20:00,934 --> 00:20:02,934
[dramatic music playing]

456
00:20:03,734 --> 00:20:06,734
Court is back in session.
I remind parties you're still under oath.

457
00:20:06,800 --> 00:20:07,934
-Thank you, Byrd.
-Mm-hmm.

458
00:20:08,000 --> 00:20:12,333
We've deliberated and we quickly reached
a unanimous verdict.

459
00:20:12,400 --> 00:20:15,433
Mr. Ward, there are so many problems
with your lawsuit.

460
00:20:15,500 --> 00:20:18,166
First, we were a little baffled
as to why you're choosing

461
00:20:18,233 --> 00:20:21,166
to sue this Defendant
instead of the platform writ large.

462
00:20:21,233 --> 00:20:22,300
She doesn't own it.

463
00:20:22,367 --> 00:20:26,367
And even assuming she did have
some individual or personal liability,

464
00:20:26,433 --> 00:20:31,300
platforms such as this are generally
not liable for third-party content,

465
00:20:31,367 --> 00:20:35,533
because people who own platforms
want to provide a space

466
00:20:35,600 --> 00:20:37,834
where people can comment
about services.

467
00:20:37,900 --> 00:20:40,266
If your theory of liability were
to prevail,

468
00:20:40,333 --> 00:20:43,367
there would be no Yelp.
There'd be no reviews of any kind.

469
00:20:43,433 --> 00:20:48,033
Thirdly, at least part of that content
was demonstrably true.

470
00:20:48,100 --> 00:20:51,800
Regardless of whether or not you think
it's not a big deal to pick up girls

471
00:20:51,867 --> 00:20:54,266
when they want a driver
to take 'em to a bar.

472
00:20:54,333 --> 00:20:57,433
People who are hiring you for
those services find it quite a big deal.

473
00:20:57,500 --> 00:20:59,533
So, Melissa's content was true.

474
00:20:59,600 --> 00:21:01,767
The content regarding your being drunk,

475
00:21:01,834 --> 00:21:05,000
we have no way of proving it
or disproving it. It's irrelevant.

476
00:21:05,066 --> 00:21:10,133
And again, even if it's false,
not her problem, not her liability.

477
00:21:10,200 --> 00:21:13,934
And finally, sir, you provided
absolutely no evidence of damages.

478
00:21:14,000 --> 00:21:16,266
The post was only up a couple of days.

479
00:21:16,333 --> 00:21:20,800
If it was up longer, five days as you say,
there's still no evidence of damages.

480
00:21:20,867 --> 00:21:25,834
And Ms. Borock, Judge Levy reminded us
of a really important point.

481
00:21:25,900 --> 00:21:28,433
And that is,
the only reason you're here is

482
00:21:28,500 --> 00:21:30,800
because you were nice enough
to engage with him.

483
00:21:30,867 --> 00:21:34,333
Had you just ignored him,
like your colleagues did,

484
00:21:34,400 --> 00:21:35,734
you wouldn't even be here.

485
00:21:35,800 --> 00:21:38,200
You would just be
another anonymous moderator,

486
00:21:38,266 --> 00:21:40,533
and he could've had his tantrum online.

487
00:21:40,600 --> 00:21:43,834
The only mistake you made
was not bringing a countersuit.

488
00:21:43,900 --> 00:21:47,066
Because this lawsuit strikes me
as vindictive and harassing,

489
00:21:47,133 --> 00:21:49,000
and I'm sorry that
you had to deal with it.

490
00:21:49,066 --> 00:21:50,767
-Yeah.
-Your case is dismissed, sir.

491
00:21:50,834 --> 00:21:52,700
-Good luck to you.
-[gavel bangs]

492
00:21:52,767 --> 00:21:56,400
Court is now concluded.
Parties are excused. You may step out.

493
00:22:00,233 --> 00:22:03,667
I do a thousand jobs perfect,
and then one, I'm 20 minutes late.

494
00:22:03,734 --> 00:22:06,767
I'm just glad that they know the truth.

495
00:22:06,834 --> 00:22:08,133
-She laughed at me.
-No, sir.

496
00:22:08,200 --> 00:22:09,467
I felt really bad for the guy

497
00:22:09,533 --> 00:22:11,300
and I just wanted
to try to help him if I could.

498
00:22:11,367 --> 00:22:15,166
Why is some girl I don't even know
telling me I have to apologize to people?

499
00:22:15,233 --> 00:22:17,567
He harassed me over and over.
We didn't really touch on that.

500
00:22:17,633 --> 00:22:20,133
Have you ever complained
about your Uber driver being late before?

501
00:22:20,200 --> 00:22:21,500
You just get another one.

502
00:22:21,567 --> 00:22:23,333
[narrator]
Are you being sued?

503
00:22:23,400 --> 00:22:26,467
Let Tribunal Justice decide your case.

504
00:22:26,533 --> 00:22:30,867
Find us on social media
at TribunalJustice.

505
00:22:30,934 --> 00:22:32,934
[theme music playing]