| 时间 | 英文 | 中文 |
|---|---|---|
| [00:09] | I really can’t believe you spent money on that. | 真不敢相信你真的买了那玩意 |
| [00:11] | I had those when I was, like, six. | 我六岁的时候就已经在穿了 |
| [00:13] | Hey, they’re vintage, dude. | 拜托 那些可是复古款 |
| [00:16] | Have you two been here before? | 你们之前来过这家店吗 |
| [00:20] | Mm, Amir’s? | 埃梅家 |
| [00:21] | Never been here. | 没来过 |
| [00:23] | Is it good? | 好吃吗 |
| [00:24] | Oh, man. | 你说呢 |
| [00:26] | Oh, and they do this thing, it’s like a contest. | 还有 他们做了一个类似比赛的活动 |
| [00:28] | You take a selfie | 你要拍一张自拍 |
| [00:30] | with the slice of pizza in the shot, | 里面要包含一片披萨 |
| [00:31] | and if the owner likes it, you get a free slice of pizza. | 如果店主喜欢的话 就能有一份免费披萨 |
| [00:34] | Okay. | 可以呀 |
| [00:36] | Wh-What are you doing? | 你要干什么 |
| [00:37] | Banking myself a piece of pizza. | 当然是弄一份披萨啦 |
| [00:42] | What do you think? | 你们觉得怎样 |
| [00:44] | That isn’t going to get you a glass of water. | 你这拍得也太水了吧 |
| [00:46] | They’ve got hundreds of pictures in there | 像你拍的这张照片 |
| [00:47] | all over the wall that look just like that one. | 店里贴得满墙都是 |
| [00:51] | Stay right here. | 你们在这等一等 |
| [01:47] | Hey. | 嘿 |
| [01:48] | I’m impressed. | 真让人刮目相看啊 |
| [01:51] | Nice, James. | 干得好 詹姆斯 |
| [02:02] | Come on down, James. | 快下来吧 詹姆斯 |
| [02:03] | Somebody’s gonna come by and hear us. | 很快会有人路过然后注意到这边的动静的 |
| [02:06] | Give me a second. | 再给我一点时间 |
| [02:12] | Oh, my God. | 我的天哪 |
| [02:14] | I can’t look. | 我不敢看下去了 |
| [02:26] | James! | 詹姆斯 |
| [02:30] | Oh, my God. | 我的天 |
| [02:32] | James! | 詹姆斯 |
| [02:35] | James? | 詹姆斯 |
| [02:37] | My client was a healthy, vibrant 14-year-old boy. | 我的客户是一个健康活泼的十四岁男孩 |
| [02:41] | He loved to play baseball, | 他喜欢打棒球 |
| [02:43] | go rock climbing, | 攀岩 |
| [02:45] | swimming in the summer, sledding in the winter. | 夏天的时候游泳 冬天的时候滑雪橇 |
| [02:48] | Now he has to spend the rest of his life | 然而现在他的余生都只能 |
| [02:50] | – in a wheelchair. – And my client, | – 在轮椅上度过 – 我的客户呢 |
| [02:52] | Immunity Insurance, shares your sense of despair about that. | 免疫保险公司 对你的绝望深表理解 |
| [02:56] | But… nonetheless, this is clearly a tragedy | 但是…尽管如此 这场事故明显是由于 |
| [03:00] | of your client’s own making. | 你的客户咎由自取 |
| [03:02] | No one asked him to climb up on that roof. | 没人让他爬上房顶 |
| [03:04] | No one compelled him to sit on a piece of signage | 也没人强迫他坐在那个招牌上 |
| [03:07] | that was clearly not meant to support his weight. | 它在设计之初就没想过要用来承载如此重量的 |
| [03:10] | So why are we here? | 所以我们坐在这里是为了什么 |
| [03:12] | Why invite us to a settlement conference | 如果你们没有和解的意愿 |
| [03:14] | if you have no intention of settling? | 为什么还要叫我们来开这个和解会议 |
| [03:17] | Ask the court. | 法院要求 |
| [03:18] | As the insurers for Amir’s Flying Carpet Pizza Parlor, | 作为埃梅家飞毯披萨餐厅的保险人 |
| [03:22] | my company has decided to take the position | 我司已判定 |
| [03:25] | that we bear no liability for James Donovan’s injuries, | 在詹姆斯·董纳番受伤一案中 我方无责 |
| [03:28] | regardless of how tragic they are. | 尽管我们对此深表遗憾 |
| [03:32] | Seriously? | 说真的吗 |
| [03:34] | Seriously. | 是的 |
| [03:35] | We’re prepared to go to trial. | 我们准备直接让法院判决 |
| [03:36] | I should have assumed as much | 当你们邀请我们 |
| [03:38] | when you invited us to a meeting at a trial science company. | 到一家审判科学公司 我就该想到这种情况 |
| [03:42] | We sympathize with James | 我们十分同情詹姆斯 |
| [03:44] | and his family, but we also believe | 以及他的家人 但同时我们也坚信 |
| [03:47] | that any rational jury will find | 任何一个理性的法官都会认为 |
| [03:49] | that the owners of the establishment, | 该餐厅的主人 |
| [03:51] | the Elmasry family, have done nothing wrong. | 艾梅斯瑞一家是无辜的 |
| [03:54] | The fact is, your client was trespassing. | 事实就是 当时你的客户非法闯入了 |
| [03:57] | No. No, I’m sorry. | 不 不是这样的 很抱歉 |
| [03:58] | Your client was negligent. | 是你的客户疏忽大意在先 |
| [04:00] | They installed a giant, illuminated slice of pizza | 他们在一栋两层楼房的上方安装了一个 |
| [04:05] | on top of a two-story building. | 闪亮的大型披萨广告牌 |
| [04:07] | It practically screamed to children, “Climb me.” | 这明摆着是对孩子们说 “快爬上来吧” |
| [04:10] | I gather you’re planning to invoke | 我想你是在引用 |
| [04:12] | the attractive nuisance doctrine? | 引诱性公害原则吧 |
| [04:15] | If the shoe fits. | 见仁见智吧 |
| [04:16] | – It doesn’t. – If I may… | – 这并不适用 – 可以让我… |
| [04:19] | interject. | 插一句话吗 |
| [04:20] | The fact that we are having | 我们之所以要召开这个会议 |
| [04:22] | the meeting here does not automatically negate | 并不是为了自动否决 |
| [04:25] | the possibility of a settlement, | 达成和解的可能性 |
| [04:26] | or I would not have agreed to host it. | 否则我也不会同意召开它 |
| [04:29] | Secondly, the attractive nuisance doctrine | 然后 你所引用的 |
| [04:31] | to which you are referring | 引诱性公害原则 |
| [04:33] | is intended to protect toddlers | 其目标是为了保护婴幼儿 |
| [04:35] | from being lured into hazardous situations, | 以免他们误入危险境地 |
| [04:38] | like an unfenced pool or a broken trampoline. | 例如没有栏杆保护的池子以及损坏的蹦床 |
| [04:41] | Your client is not a toddler, | 你的客户并不属于婴幼儿 |
| [04:43] | and this is not one of those situations. | 同时他所遭遇的事情并不符合上述情况 |
| [04:45] | James Donovan had enough physical strength | 无论是在身体还是心智上 |
| [04:47] | and mental acuity | 詹姆斯·董纳番都有足够的能力 |
| [04:49] | to ignore large, illuminated signage, | 去无视一个闪亮的大型披萨广告牌 |
| [04:54] | scale a chain-link fence, | 翻越铁栏杆 |
| [04:56] | climb a two-story building and hoist himself upon a roof. | 以及爬到一栋两层楼房的楼顶上 |
| [05:00] | You can’t blame that on the Elmasrys. | 不该为此承担责任 |
| [05:03] | The Elmasrys lured him in | 艾梅斯瑞一家引诱他参加 |
| [05:04] | with their “Selfie gets you a free slice” Promotion. | 他们家那个”免费披萨自拍大赏” |
| [05:09] | They created a social media campaign | 他们举办了一个社交媒体活动 |
| [05:11] | that encouraged children to compete | 促使儿童为了拍出 |
| [05:14] | to see who could take the most attention-getting selfie. | 最博人眼球的照片而产生了竞赛心理 |
| [05:18] | Nowhere in their entreaties did it say: | 他们的邀请贴上也没有标出 |
| [05:20] | “Do not climb on our building.” | “禁止攀爬我们的建筑” |
| [05:22] | Okay. The court mandated a pretrial settlement conference. | 好了 是法院要我们开一个公审前的和解会议 |
| [05:27] | We have conferred. | 我们已经给出了我们的意见 |
| [05:28] | Now give us your demands so we can be done with it. | 现在将你的条件告诉我们然后再作决定吧 |
| [05:31] | We know that the Elmasrys’ policy with Immunity Insurance | 我们都知道艾梅斯瑞和贵公司的合约 |
| [05:35] | is capped at $2 million. | 最高赔偿额度为两百万美元 |
| [05:37] | We also know how lengthy and expensive litigation will be. | 我们大家也都清楚打官司要花费大量的时间以及金钱 |
| [05:41] | With that in mind, the Donovans are prepared | 根据这种情况 董纳番一家希望 |
| [05:44] | to settle for the full $2 million. | 以两百万的赔款达成庭外和解 |
| [05:48] | Well, thank you for coming by. | 那真是麻烦你们走一趟了 |
| [05:50] | Don’t you at least want to run it up the flagpole | 你们不打算在一口回绝之前 |
| [05:52] | before rejecting it? | 听一听你们上司的意见吗 |
| [05:53] | I am the flagpole. | 我就是那个上司 |
| [05:55] | Of course, I will run it by the Elmasrys, | 当然了 我会将你们的条件告诉艾梅斯瑞一家的 |
| [05:59] | but I already know what the answer will be. | 只不过我已经知道他们的答案了 |
| [06:02] | See you in court. | 那就法庭见吧 |
| [06:14] | $2 million would have been a pretty good resolution. | 用两百万美元了结这事也不错吧 |
| [06:17] | You didn’t even counter. We probably could have | 你可以以退为进 这样说不定 |
| [06:19] | gotten them down to about a million and a half. | 一百五十万就可以结案了 |
| [06:22] | That’s why I hired the two of you. | 那样的话我就不需要你们了 |
| [06:24] | We’re gonna get them down to nothing. | 我要的结果是他们一分钱都拿不到 |
| [06:27] | Ms. Kress, | 柯蕾斯女士 |
| [06:28] | uh, I’m gonna be honest with you. | 老实跟你说吧 |
| [06:30] | We’re thrilled to have your business, | 我们很高兴能和你共事 |
| [06:31] | thrilled to do all we can to help you and your company | 也很高兴能为你以及你的公司出一份力 |
| [06:34] | achieve legal success in this case, but… | 为你在本案上争得胜诉 只是… |
| [06:37] | Mr. Colon is right. | 科隆先生是对的 |
| [06:39] | I’d seriously ask you to reconsider their proposal | 我真诚希望你能重新考虑一下他们的提议 |
| [06:42] | and avoid trial. | 避免庭审 |
| [06:44] | This is a trial science company. | 这是一家审判科学公司 |
| [06:47] | I thought you were all about going to trial. | 我以为你们都准备好应付庭审了呢 |
| [06:49] | I don’t understand. | 我有点迷糊了 |
| [06:51] | Well, Ms. Kress, put yourself in the jury’s shoes. | 柯蕾斯女士 你可以假设一下法官是怎么想的 |
| [06:53] | Every morning they walk into that court, | 每个早晨当他们走进法庭 |
| [06:56] | and they see a boy in a wheelchair. | 都看到一个男孩躺在轮椅上 |
| [06:58] | Then they look to the other side of the courtroom, | 然后他们看向法庭的另一边 |
| [07:00] | and they see you, me and Dr. Bull doing everything we can | 都会发现你 我以及布尔先生在竭尽全力 |
| [07:04] | to avoid giving that boy money your company can easily afford. | 守住那笔贵司轻而易举可以掏出来的赔款 |
| [07:08] | Money your customers, the very nice family | 你的客户 也就是这个开着一家披萨店的 |
| [07:10] | who own the pizza parlor, | 善良家庭 |
| [07:11] | have every right to expect you to pay on their behalf. | 也是十分希望你能代他们赔偿的 |
| [07:14] | This is a premises liability suit. | 这只是一次公共场所管理人责任纠纷 |
| [07:15] | How many hundreds of these do you deal with a week? | 你一周要处理多少类似的案件呢 |
| [07:18] | Many hundreds. | 数以百计 |
| [07:19] | Then explain the math to me, | 那给我解释一下你们是怎么算这笔帐的吧 |
| [07:21] | ’cause I can’t quite figure it out. | 因为我实在是有点搞不懂 |
| [07:23] | You’d rather give my company a million dollars | 你宁愿給我的公司一百万美金 |
| [07:25] | and spend all the other costs | 以及花大笔钱 |
| [07:27] | associated with taking this thing to court… | 只为把这事弄到法庭上 |
| [07:30] | than give a crippled child $2 million? | 也不愿給一个残疾儿童两百万吗 |
| [07:33] | Oh, it isn’t that that we take issue with. | 那不是我们的问题所在 |
| [07:36] | It’s the selfie of it all. | 自拍才是问题的根源 |
| [07:39] | You would be shocked how many people are injured or killed | 你会惊讶于有多少人是因为 |
| [07:42] | doing something that requires all of their attention | 拿着手机对着自己 过于专注 |
| [07:46] | while pointing a phone at themselves. | 以至受伤甚至身亡的 |
| [07:48] | Oh, I know. | 这我是知道的 |
| [07:49] | People fall into the Grand Canyon. | 有人为此掉进了大峡谷 |
| [07:51] | They get mauled by zoo animals. | 也有人为此被动物园的动物袭击 |
| [07:53] | Selfie culture is a complex mixture | 自拍文化是一种由 |
| [07:56] | of identity, expression, self-esteem. | 身份认同 表达需求 自尊需要混杂而成的东西 |
| [07:58] | But… I am reasonably certain | 但是… 我有理由充分相信 |
| [08:01] | you can’t litigate it out of existence. | 这种现象是不会因为你的诉讼而消失的 |
| [08:03] | Well, my company is determined to try. | 我的公司是不害怕尝试的 |
| [08:06] | The question is, will we do it with the two of you at our side? | 问题就是 到时候你们还会不会在我们这一边呢 |
| [08:10] | The trial hasn’t started yet. | 毕竟庭审还没开始 |
| [08:12] | You can still bow out. | 你们仍可以选择退出 |
| [08:13] | Happy to give some other firm that million. | 我也乐意将这一百万扔给其他公司 |
| [08:17] | And yes… | 当然了… |
| [08:18] | I know you two boys are supposed to be the best… | 我知道你们该是最出色的两位了… |
| [08:23] | but if second best is all that’s available to us… | 但如果退而求其次是唯一的选择 |
| [08:28] | I promise you we’ll make do. | 我们也认了 |
| [08:34] | Like I said before… | 我说过 |
| [08:36] | we’re happy to take your money, Ms. Kress. | 我们很乐意收下您的钱 柯蕾斯女士 |
| [08:39] | Yes. Well… | 好吧… |
| [08:41] | it turns out almost everyone is. | 谁不这么想呢 |
| [08:46] | See you at trial, gentlemen. | 审讯时见 先生们 |
| [08:51] | We just have to defend them. We don’t have to like them. | 我们只需要为他们辩护 并不需要喜欢他们 |
| [09:02] | Meet the plaintiff… James Donovan. | 这位是原告 詹姆斯·董纳番 |
| [09:06] | Wow. What a sweet-looking kid. | 哇 真是个可爱的孩子 |
| [09:08] | And we’re on which side of this particular dispute? | 我们在这次审判上为哪一方效劳呢 |
| [09:11] | Don’t be a wise guy. | 别自作聪明 |
| [09:13] | And this is the last photo | 这是詹姆斯从 |
| [09:15] | James took before he fell two stories to the sidewalk. | 二层楼上摔到人行道前拍的最后一张照片 |
| [09:19] | Scary. | 真吓人 |
| [09:20] | And this is James today. | 这是詹姆斯的现状 |
| [09:23] | What a nightmare. | 真是一场噩梦 |
| [09:25] | Will this kid ever walk again? | 这孩子能再次行走吗 |
| [09:26] | Based on the severity | 考虑到伤情严重 |
| [09:28] | of his injuries and the current state of medical technology, | 以及医疗技术的现状 |
| [09:32] | I’d say that’s highly unlikely. | 估计十分困难 |
| [09:34] | But frankly, that’s really a question | 但老实说 这问题 |
| [09:37] | for his family’s health insurance provider. | 留给他家庭的保险公司就行了 |
| [09:40] | Our focus needs to be on making a case | 我们的当务之急是要做一个案例 |
| [09:43] | that the willful trespassing that went on here | 证明这里发生的非法入侵 |
| [09:46] | exempts this as a claim | 豁免了 |
| [09:48] | against the property owner’s commercial liability insurance. | 房产业主们商业性责任险的索赔义务 |
| [09:51] | This is Avery Kress. | 这位是爱芙利·柯蕾斯 |
| [09:53] | Senior vice president | 免疫保险公司的 |
| [09:55] | of claims at Immunity Insurance. | 高级副总裁 |
| [09:58] | Our client. | 我们的客户 |
| [09:59] | Nice to meet you all. | 很高兴见到你们 |
| [10:01] | I just had breakfast with Dr. Bull, | 我刚和布尔博士共进了早餐 |
| [10:02] | and he suggested that I stop by and sit in on your… | 然后他建议我过来参加一下你们的… |
| [10:06] | strategy session. | 战略会议 |
| [10:08] | Look, the burden of proof | 听着 举证的压力 |
| [10:10] | is on the plaintiffs to prove negligence. | 在于原告方要证明我们的疏忽 |
| [10:14] | Our job is to demonstrate that the owners did everything right. | 我们要做的是证明业主们已经尽力了 |
| [10:18] | Fences. Locks. | 栅栏 门锁 |
| [10:20] | We have to prove they made it as hard as they could | 我们需要证明他们竭尽所能地阻止了 |
| [10:23] | for anyone to get up on that roof. | 任何人爬上屋顶 |
| [10:25] | I don’t know. I don’t want to just roll over | 怎么说呢 我不想轻易认同 |
| [10:28] | and buy into the plaintiff’s theory | 原告方的说法 |
| [10:30] | that just because the victim is a minor, | 仅仅因为原告是个未成年人 |
| [10:32] | that he’s covered by the attractive nuisance doctrine. | 他就适用于”引诱性公害原则” |
| [10:35] | The boy is 14. | 这男孩已经十四岁了 |
| [10:37] | He is not an infant. | 又不是个婴儿 |
| [10:39] | He should have known better. | 他应该懂点道理 |
| [10:41] | Eh. It’s never a great thing to blame the victim, | 责怪受害人从来不是明智之举 |
| [10:44] | especially if the victim’s in a wheelchair. | 尤其一个坐在轮椅上的受害人 |
| [10:46] | Forgive me for being blunt, | 恕我直言 |
| [10:48] | but I don’t think the face of this case | 但我认为这个案子的代表 |
| [10:50] | should be the big bad insurance company. | 不该是丑恶的大型保险公司 |
| [10:51] | I think it should be the owner of the pizza restaurant. | 披萨店的业主才是更好的选择 |
| [10:54] | The people who stand to lose everything | 他们明明没有做错任何事 |
| [10:57] | when they’ve done nothing wrong. | 却要失去一切 |
| [10:59] | Now that’s something the jury could hang their hat on, | 这是一个陪审团会关注的点 |
| [11:01] | and that’s something the jury could relate to. | 也是一个他们可以有所共鸣的地方 |
| [11:03] | I don’t agree. | 我不认同 |
| [11:05] | I’m telling you, it’ll come across as callous. | 我警告你 这会给人留下冷酷无情的印象 |
| [11:07] | Not if you finesse it. | 处理得当就不会 |
| [11:12] | Well, uh, what does Dr. Bull think? | 好吧 布尔博士怎么看呢 |
| [11:15] | Well, I guess we’ll see. | 我们拭目以待吧 |
| [11:17] | We have voir dire in three hours. | 三小时后我们就要进行预备讯问 |
| [11:19] | Maybe the secret lies somewhere in the middle. | 也许秘诀处于两者中间 |
| [11:22] | How do you mean? | 此话怎讲 |
| [11:24] | Yeah, how do you mean? | 是啊 此话怎讲 |
| [11:25] | Well, maybe we let our narrative embrace… both ideas. | 或许我们可以让我们的叙述囊括两种想法 |
| [11:29] | Present them as if they complement each other, | 就像它们天生互补般呈现出来 |
| [11:31] | which they do. | 事实也的确如此 |
| [11:32] | I don’t follow. | 我没听明白 |
| [11:34] | We make sure the jury sees your clients | 我们先确保陪审团把你的客户视为 |
| [11:36] | as responsible business owners | 采取了所有可能预防措施的 |
| [11:37] | who took every possible precaution. | 负责任的业主 |
| [11:41] | Then we make sure they see James | 再确保陪审团把詹姆斯看成 |
| [11:43] | as a mature young man who has to be held responsible | 一名应该为自己鲁莽行为负责的 |
| [11:45] | for his reckless choices. | 成熟年轻人 |
| [11:47] | He doesn’t get a free pass | 他不能因为受伤严重 |
| [11:48] | just because he got badly hurt. | 就不受责罚 |
| [11:54] | Mr. Elmasry, Mrs. Elmasry. | 艾梅斯瑞先生 艾梅斯瑞夫人 |
| [11:56] | My name’s Dr. Jason Bull. I’ll be spearheading | 我的名字是杰森·布尔博士 我会带领 |
| [11:58] | your defense here in court. | 二位的当庭辩护 |
| [12:00] | Allow me to introduce your attorney of record, | 请容许我介绍二位的正式出庭律师 |
| [12:01] | Mr. Benjamin Collin. | 本杰明·科隆先生 |
| [12:03] | Pleasure to meet you both. | 很高兴见到二位 |
| [12:04] | So I’m guessing Mr. Elmasry | 我打算让艾梅斯瑞先生 |
| [12:05] | will sit up here with you and me, | 和我俩坐在这里 |
| [12:07] | and Mr. Collin and, uh, | 本杰明·科隆先生和 |
| [12:09] | Mrs. Elmasry, you’ll sit in the gallery | 艾梅斯瑞夫人 你们可以坐我们正后方的 |
| [12:11] | – directly behind us. – Actually, | – 旁听席 – 恰恰相反 |
| [12:12] | here’s what I’d like to do. | 我希望这么安排 |
| [12:13] | I’d like to have the two of you sit up here | 您二位和科隆先生 |
| [12:14] | at the defense table with Mr. Collin, | 一起坐在辩方席位 |
| [12:16] | and you and I will be in the gallery. | 你和我坐旁听席 |
| [12:21] | I think it’s important when the jury looks over | 我认为重要的是当陪审团朝 |
| [12:24] | at the defense table, they are reminded | 辩方席位看过来的时候 他们能注意到 |
| [12:25] | that the only people with anything to lose at this trial | 本次审判中唯一失去一切的 |
| [12:29] | are a hard-working family, | 是一个勤勉的家庭 |
| [12:30] | not a gaggle of well-dressed, | 而不是望着一帮衣着光鲜 |
| [12:32] | well-paid executives and lawyers. | 报酬丰厚的高管和律师 |
| [12:34] | Plus, it’ll give you a chance to see what it is I do | 另外 也给你们看看我做的工作 |
| [12:38] | that your company is paying so much for. | 为什么值得你们公司花那么大价钱 |
| [12:42] | Any chance I could steal you for five minutes | 开始前可否耽误你 |
| [12:44] | before we get this thing started? | 五分钟时间呢 |
| [12:47] | She’s a real piece of work, our Ms. Kress. | 她真不是省油的灯 我们亲爱的柯蕾斯女士 |
| [12:49] | You can say that again. | 你可以再说一遍 |
| [12:51] | She’s a real piece of work. | 她真不是省油的灯 |
| [12:53] | Now that we’ve got that out of the way, | 现在已经把她支开了 |
| [12:55] | how do you suggest we curate a jury | 你对我们如何引导陪审团 |
| [12:58] | that will look past a kid in a wheelchair? | 忽视一个坐在轮椅上的孩子有什么建议吗 |
| [13:00] | Well, in this case, it’s not so much about selecting | 在这个案子里 重点不在选择 |
| [13:04] | as it is about de-selecting. | 而在于排除 |
| [13:06] | Anyone with a pulse is gonna take one look at the plaintiff | 任何活人都会瞧一眼原告 |
| [13:09] | and want to help him, want to do something for him. | 并想着帮他一把 为他做点什么 |
| [13:11] | Got it. So we eliminate anyone with a pulse. | 明白了 所以我们得把活人都灭了 |
| [13:14] | Or, failing that, | 或者 换种思路 |
| [13:16] | we minimize the presence of sentimentalists. | 我们减少感情用事的人出席 |
| [13:19] | ‘Cause we want jurors who lead with their heads. | 因为我们需要理智的陪审团成员 |
| [13:21] | Who prioritize logic and reason over emotion. | 相比于感情用事他们更看重逻辑思考 |
| [13:25] | People who will be able to see clearly | 他们能够看清 |
| [13:27] | that our client isn’t responsible | 我们的客户不该为 |
| [13:29] | for what happened to James. | 詹姆斯的遭遇负责 |
| [13:31] | James is. | 他该自担责任 |
| [13:33] | Good afternoon, everyone. | 各位下午好 |
| [13:35] | So let’s imagine | 让我们设想一下 |
| [13:36] | there’s a hurricane barreling down on your town. | 一场飓风正在肆虐你的小镇 |
| [13:40] | Wind, rain, | 狂风 暴雨 |
| [13:42] | emergency crews, the whole nine yards. | 紧急救援人员 应有尽有 |
| [13:44] | You’ve just received an order to evacuate. | 你们刚刚接到了疏散指令 |
| [13:46] | You have five minutes to leave your town. | 只有五分钟时间撤离 |
| [13:49] | – What do you take? – Well, | – 你会带上点什么 – 好吧 |
| [13:51] | I guess I’d take my phone, | 我想我会带上我的手机 |
| [13:52] | my keys, my wallet. | 钥匙 钱包 |
| [13:54] | Oh, and our passports and our marriage license. | 对了 还有护照和结婚证 |
| [13:57] | Important documents. | 重要的文件 |
| [13:59] | You sound very practical. | 你听上去非常实际 |
| [14:00] | I suppose I am. | 我想是吧 |
| [14:03] | Your Honor, juror number eight | 庭上 辩方可以接受 |
| [14:06] | is acceptable to the defense. | 八号陪审员 |
| [14:08] | And what about you, sir? | 那你怎么选呢 先生 |
| [14:09] | What would you take if you only had minutes to evacuate? | 如果只有一分钟的撤离时间你会带上点什么 |
| [14:12] | Well, first, I’d make sure my family is safe. | 好吧 首先 我会确保我的家人都安全了 |
| [14:14] | – Of course. – Then, I guess I’d grab | – 当然 – 之后 我想我会带上 |
| [14:16] | the photo albums… | 相册… |
| [14:18] | my father’s urn… and the blanket | 我父亲的骨灰盒… 以及那条裹着 |
| [14:20] | we brought our daughter home in from the hospital. | 我们孩子从医院到家的毯子 |
| [14:22] | Important memories. | 重要的回忆 |
| [14:23] | They are for me. | 对我而言是的 |
| [14:26] | Your Honor, we’d like to thank and excuse juror number 12. | 庭上 我们感谢十二号陪审员并请求其离席 |
| [14:29] | Okay, can I have a show of hands? | 好了 麻烦各位举一下手 |
| [14:31] | How many of you have kids? | 你们当中哪些人有孩子 |
| [14:35] | Okay. | 好的 |
| [14:37] | Ah, I see you didn’t raise your hand. | 我看到你没有举手 |
| [14:39] | May I ask, | 我能问一下 |
| [14:41] | do you have any nieces or nephews? | 你有侄子或者侄女吗 |
| [14:43] | I have a niece. She’s six. | 我有个侄女 她六岁了 |
| [14:45] | You know, Christmas is coming up. | 圣诞节快到了 |
| [14:47] | You ever think about maybe giving her a puppy? | 你考虑过送她一个小狗做节日礼物吗 |
| [14:50] | Sounds sweet, but my brother would never forgive me. | 听起来不错 但我的哥哥不会饶了我的 |
| [14:56] | Your Honor, this juror is acceptable to the defense. | 庭上 辩方可以接受这个陪审员 |
| [14:59] | Nice work. | 干得漂亮 |
| [15:01] | I see what you’re doing here. | 我明白你在搞什么名堂了 |
| [15:03] | Stacking the deck with pragmatists. | 把实用主义者都挑出来 |
| [15:05] | Ah, do you see what they’re doing? | 你看到他们在做什么了吗 |
| [15:08] | No James, no wheelchair. | 詹姆斯压根没坐着轮椅出现在这 |
| [15:10] | She’s saving her client so he can make | 她雪藏着他 |
| [15:12] | a big theatrical entrance. | 好让他有个戏剧性的入场 |
| [15:14] | And for what it’s worth, | 如果这值得 |
| [15:15] | I would do the same thing. | 那么我也会做同样的事 |
| [15:18] | So everyone is happy? | 所以大家都还挺高兴的吧 |
| [15:20] | That went well? | 一切都好吗 |
| [15:22] | Well, under the circumstances, | 在这种情况下 |
| [15:23] | I don’t think there’s any one of us | 我想没有人 |
| [15:25] | that thought this was gonna be easy. | 会认为这很容易 |
| [15:27] | Plaintiff is especially sympathetic. | 原告十分引人同情 |
| [15:31] | I mean, a young man at the threshold of his life, | 我的意思是 一个年轻人 他的生命才刚开始 |
| [15:33] | losing the use of his lower body. | 却已是半身不遂 |
| [15:36] | It’s tragic. | 这太悲惨了 |
| [15:38] | Given that, I think we seated a jury | 考虑到这一点 我认为我们得安排 |
| [15:41] | where there’s a real chance two or more members | 一个包括至少两个 能以你的角度 |
| [15:43] | are gonna see things your way, and that is all we need. | 看问题的陪审员的团队 这才是我们需要的 |
| [15:45] | But, uh… Can I ask a question? | 但是… 我能问个问题吗 |
| [15:48] | Of course, Mr. Elmasry. | 当然可以 艾梅斯瑞先生 |
| [15:50] | This is your trial, you can ask whatever you’d like. | 这是你的案子 你想问什么都行 |
| [15:53] | What are we doing here? | 我们在这儿干嘛 |
| [15:55] | Our entire family feels terribly about what happened to that boy. | 我们全家都对那个男孩的遭遇感到非常难过 |
| [15:59] | We don’t need a trial. | 我们不需要被审讯 |
| [16:00] | We don’t want a trial. | 我们也不想被审讯 |
| [16:01] | I paid my insurance. | 我买过保险了 |
| [16:03] | Someone had an accident on my property, | 有人在我的房产上出了事故 |
| [16:05] | then why doesn’t the insurance company just pay them? | 为什么保险公司不直接赔偿他们呢 |
| [16:08] | Isn’t that what the insurance is for? | 这不就是保险的意义吗 |
| [16:09] | No. That’s not | 不 那不是 |
| [16:11] | what the insurance is for; not in this case. | 保险的目的 起码在这个案子里不是 |
| [16:14] | In this case, | 在本案里 |
| [16:15] | your insurance is here to be the bad guy. | 你的保险在这就是要当坏人的 |
| [16:18] | And trust me, you need a bad guy. | 相信我 你需要一个坏人 |
| [16:21] | In cases like this, society needs a bad guy. | 在这种案子里 社会需要一个坏人 |
| [16:25] | I don’t understand. | 我不懂 |
| [16:26] | Mr. Elmasry, you and your wife | 艾梅斯瑞先生 你和妻子 |
| [16:28] | did not pay premiums so anyone could come along | 并没支付额外费用 因此任何人 |
| [16:31] | and say you owe them money and have it paid by us. | 都能来找我们赔偿 |
| [16:34] | This young man did not have an accident. | 这个孩子才不是出了意外事故 |
| [16:37] | An accident is when you go along in your life, | 意外事故是指你在生活中 |
| [16:40] | and something unexpected happens. | 遇到一些意料不到的事情 |
| [16:43] | This young man made an active choice. | 这个年轻人做了一个对我们而言 积极的选择 |
| [16:46] | He trespassed. | 他私闯民宅了 |
| [16:47] | Went somewhere he was not supposed to go. | 他去了一个他不该去的地方 |
| [16:50] | Sat on something that was never built to support him. | 坐在一个无法承受他重量的地方 |
| [16:53] | And he fell to the ground as a result. | 结果就是他摔下来了 |
| [16:56] | And now he wants you, or us, | 现在他想要你 或者说 我们 |
| [17:00] | society to pay for what happened to him? | 社会来为他的遭遇买单 |
| [17:04] | Do you think that’s fair? | 你觉得那公平吗 |
| [17:06] | Do you have $2 million? | 你们有两百万美元吗 |
| [17:08] | $2 million to just hand over to a stranger | 把两百万美元交给一个陌生人 |
| [17:12] | who did nothing but violate your rights | 而且他不仅侵犯了你的权利 |
| [17:15] | and treat your property as his own | 还把你的私有房产视作 |
| [17:17] | just so he could take a picture? | 自拍场地 |
| [17:19] | No, I do not, but what about mercy? | 不 我没有 但仁慈心呢 |
| [17:24] | What about forgiveness? | 宽恕呢 |
| [17:25] | Forgiveness is for churches. | 宽恕是给教堂的 |
| [17:29] | Mercy is for charities. | 而仁慈心是给慈善会的 |
| [17:31] | We are a business. | 我们只是个公司 |
| [17:32] | And, like you, we don’t have $2 million. | 而且和你一样 我们拿不出两百万美元 |
| [17:35] | Not to give away to any reckless fool | 别把这钱给那些 |
| [17:38] | who thinks the world is just waiting | 为了拍照片就置自己生命于不顾的 |
| [17:40] | to see a picture of them put their life at risk. | 鲁莽傻瓜 |
| [17:46] | It’s okay. | 没关系的 |
| [17:47] | I know it’s hard. | 我知道这很艰难 |
| [17:48] | It’s not on you. | 这不是你们的错 |
| [17:50] | Like I said, | 就像我说的 |
| [17:51] | let us be the bad guy, hmm? | 让我们来做坏人 好吗 |
| [17:57] | Nice work today, you two. | 你们俩今天做得很好 |
| [18:00] | I will see everyone in the morning. | 明早见 |
| [18:02] | – Good night. – Good night. | – 晚安 – 晚安 |
| [18:04] | – Good night. – Good night. | – 晚安 – 晚安 |
| [18:07] | So if she’s the bad guy, | 所以说 如果她是那个坏人 |
| [18:10] | then what does that make us? | 那我们又是什么 |
| [18:18] | The plaintiff would like to call for its first witness, | 原告想传唤本案的第一证人 |
| [18:21] | James Donovan. | 詹姆斯·董纳番 |
| [18:48] | We have any green left at all? | 我们现在还有绿色的支持选票吗 |
| [18:50] | Nope. It’s like a forest fire in here. | 没了 起森林大火了 |
| [18:54] | And would you share, for the jury, | 你能告诉陪审团 |
| [18:57] | how it was that you came to have the idea | 你怎么会想到 |
| [18:59] | to take a selfie on the roof | 在飞毯披萨店的屋顶上 |
| [19:01] | of the Flying Carpet Pizza Parlor? | 自拍呢 |
| [19:04] | I was with my friends | 当时我和朋友 |
| [19:06] | and we were walking by the restaurant, | 路过这家餐厅 |
| [19:07] | and one of them was saying | 其中一个朋友说 |
| [19:09] | how much she loved that pizza. | 她好喜欢这家店的披萨 |
| [19:11] | So I thought, “I’m gonna get an amazing selfie | 所以我就想 我要拍一张超棒的自拍 |
| [19:13] | and get her a free slice of pizza.” | 就能免费送她一块披萨了 |
| [19:15] | Hmm. But where did you get the idea to go up on the roof? | 但你是怎么想到要爬上屋顶的 |
| [19:20] | Actually, I… I got it from him. | 其实… 是他告诉我的 |
| [19:23] | Let the record show that the plaintiff is pointing | 请记录员证明原告 |
| [19:25] | – at Amir Elmasry. – He never shared that with me. | – 在指认埃梅·艾梅斯瑞 – 他可没告诉过我这点 |
| [19:29] | And how did Mr. Elmasry come to give you this idea? | 艾梅斯瑞先生是怎么告诉你这个主意的 |
| [19:33] | To risk your life and limb | 让你不惜冒着生命危险 |
| [19:35] | by climbing up on the roof of his establishment? | 也要爬上他家店的屋顶 |
| [19:39] | Earlier that day, I was in there | 当天早些时候 我在那里 |
| [19:42] | and I saw that they had this contest going | 看到他们举办了这场比赛 |
| [19:44] | where if you take a selfie | 如果你能在社交媒体上 |
| [19:45] | and you post it on social media, | 发布自拍 |
| [19:47] | with you standing in front of the store | 要求拍到他家的店 |
| [19:49] | and the sign that has the pizza | 和那个像飞毯一样的 |
| [19:51] | that looks like a flying carpet in the background, | 披萨的招牌标志 |
| [19:52] | you can qualify to win a free slice. | 你就有资格赢取一块免费披萨 |
| [19:55] | Any idea where this is going? | 你知道是怎么回事吗 |
| [19:56] | – I was hungry, didn’t… – No. None. | – 我很饿 我没有… – 不知道 |
| [19:58] | – So I went outside, – And I have no recollection | – 所以我跑到外边去 – 我想不起来 |
| [20:00] | took my phone and shot a selfie. | 拿起手机自拍 |
| [20:01] | of ever seeing this kid in my life. | 在生活中见过这个孩子 |
| [20:02] | And did you show your photo to the defendant, to Mr. Elmasry? | 你有没有把你的照片给被告艾梅斯瑞先生看 |
| [20:05] | Yes, I did. | 我给了 |
| [20:06] | And what happened? | 然后呢 |
| [20:08] | He said he had hundreds of pictures | 他说他有几百张 |
| [20:10] | that looked exactly like mine. | 跟我一模一样的照片 |
| [20:11] | In order for the selfie to win, it had to be different. | 想赢的话 得跟别人不一样才行 |
| [20:16] | Is that why you decided to do something bigger? | 这就是你闯大祸的原因吗 |
| [20:19] | Yeah. That was the beginning of it. | 是的 这是事情的开端 |
| [20:22] | That night, when my friend was telling me | 那晚 当我的朋友告诉我 |
| [20:24] | how much she loved that pizza, | 她有多爱这家店的披萨 |
| [20:26] | I thought, “This is my chance.” | 我想 机会来了 |
| [20:27] | So I climbed on the roof, and went out to the pizza | 所以我爬上了屋顶 在披萨上 |
| [20:30] | to get a really special shot. | 拍了一张跟别人不一样的照片 |
| [20:33] | Just like he told me. | 就像他告诉我的那样 |
| [20:35] | Thank you, James. | 谢谢你 詹姆斯 |
| [20:36] | I have no further questions for this witness, Your Honor. | 我对证人没有其他问题了 法官大人 |
| [20:39] | Very well. | 很好 |
| [20:41] | Let’s take a 20 minute break and then continue | 我们休息二十分钟 |
| [20:43] | with cross-examination. | 然后交叉讯问 |
| [20:46] | So you have no recollection of meeting this boy? | 所以说 你不记得见过这个男孩 |
| [20:48] | None. I have never seen that boy before. | 没有 我从来没见过他 |
| [20:50] | Not that I can recall, anyway. | 反正我也想不起来了 |
| [20:52] | Wait a second. What does that mean? | 等会儿 这是什么意思 |
| [20:55] | After school, we get 40, 50 kids in the store at a time. | 放学后 同一时间会有四十或五十个孩子聚在店里 |
| [20:58] | We can’t tell one from the other. | 我们也分不清谁是谁 |
| [20:59] | They all start to look the same. | 他们都长一个样 |
| [21:01] | Well, they’re not all the same. | 他们可不一样 |
| [21:02] | This one is suing for $2 million. | 那个孩子要求赔偿两百万美元 |
| [21:03] | And he’s implying | 而且他在暗示大家 |
| [21:05] | that you gave him the idea to go up on the roof. | 是你启发了他爬上屋顶的主意 |
| [21:07] | Insinuating that you gave him permission. | 也就是说 是你给他的许可 |
| [21:09] | Okay, Ms. Kress, forgive me, | 好吧 柯蕾斯女士 请见谅 |
| [21:10] | but that is a stretch. | 但说得夸张了 |
| [21:13] | And frankly, I don’t think it really matters. | 说实话 我觉得那不是什么大事 |
| [21:15] | Mr. Colon will cross-examine and undo whatever damage he can, | 科隆先生会反复盘问 并尽可能地挽救损失 |
| [21:19] | but I assure you, no rational juror | 但我向你保证 任何一位理性尚存的陪审员 |
| [21:22] | is gonna believe Mr. Elmasry | 都不会相信艾梅斯瑞先生 |
| [21:24] | gave anyone permission, let alone encouraged them, | 会允许别人擅自爬上屋顶 |
| [21:26] | to get up on his roof. | 更别提鼓励他们了 |
| [21:27] | Not unless they see proof. | 除非他们看到确凿证据 |
| [21:29] | Well, I hope you’re right. | 好吧 但愿如此 |
| [21:33] | It’s like she keeps forgetting | 好像她总是忘记 |
| [21:35] | who pays who and who works for who. | 我们才是甲方 而她是乙方 |
| [21:37] | Look, I have no idea | 听着 我不知道 |
| [21:39] | whether that boy is telling the truth or not, but… | 那男孩说的是不是真的 但是… |
| [21:42] | like I told Ms. Kress, | 正如我和柯蕾斯女士说的 |
| [21:43] | at the end of the day, | 即使到最后 |
| [21:45] | I don’t think it’s gonna matter. | 我也认为这是什么大事 |
| [21:48] | Hello, James. Nice to meet you. | 你好 詹姆斯 很高兴见到你 |
| [21:50] | Nice to meet you, sir. | 很高兴见到你 先生 |
| [21:52] | I think that everyone here agrees | 我相信每个人都认为 |
| [21:54] | that what happened to you is tragic. | 你的遭遇是个悲剧 |
| [21:56] | And I’m fairly certain there isn’t a person | 我敢肯定在座的每一位 |
| [21:59] | in this room that doesn’t feel for you. | 都十分同情你的遭遇 |
| [22:01] | Thank you. | 谢谢 |
| [22:03] | All right. | 好吧 |
| [22:04] | Now, you testified under oath | 刚刚 你宣誓作证说 |
| [22:07] | that Mr. Elmasry told you | 艾梅斯瑞先生让你 |
| [22:11] | to come up with a different type of selfie. | 设法拍一个与众不同的自拍照 |
| [22:14] | That’s right. He did. | 对 他说了 |
| [22:15] | Ah. Well, I have to be honest with you. | 那好 我得实话告诉你 |
| [22:18] | He has no recollection of ever having met you. | 他不记得他曾经见过你 |
| [22:21] | And even if he did, he’s certain | 即使你们见过 他也肯定 |
| [22:24] | he didn’t actually tell you to go up on a roof. | 他不会真的让你去爬屋顶 |
| [22:28] | I mean, is it your testimony here today | 我是说 你今天的证词是真的想说 |
| [22:30] | that he actually told you to go up on his roof? | 他的确让你去爬他的房顶了吗 |
| [22:35] | Well, no. | 不是 |
| [22:37] | In fact, if the evidence is to be believed, | 事实上 如果证据可信 |
| [22:39] | Mr. Elmasry took great pains to keep people off his roof. | 艾梅斯瑞先生曾煞费苦心地在阻止别人爬他的房顶 |
| [22:43] | Objection, Your Honor. | 反对 法官大人 |
| [22:44] | Calls for speculation. | 询问诱导证人进行推测 |
| [22:46] | How is my client supposed to know what kinds of pains | 我的当事人怎么会知道 |
| [22:49] | Mr. Elmasry may or may not have taken | 艾梅斯瑞先生有没有费心去阻止 |
| [22:51] | to keep people off his roof? | 别人上他的房顶 |
| [22:53] | I beg to differ, Your Honor. | 我不敢苟同 法官大人 |
| [22:56] | In fact, I’ll wager | 事实上 我能保证 |
| [22:58] | that young James here has a better understanding as to | 在这世上的人中 |
| [23:02] | how tough the Elmasrys made it to get up on that roof | 没人能比这位年轻的詹姆斯更了解 |
| [23:06] | than anyone else alive. | 爬上艾梅斯瑞一家的房顶到底有多难 |
| [23:08] | Objection overruled. | 抗议无效 |
| [23:09] | You may proceed, Mr. Colon. | 你可以继续 科隆先生 |
| [23:11] | Thank you, Your Honor. | 谢谢您 法官大人 |
| [23:14] | Now, James, | 詹姆斯 |
| [23:17] | you remember this fence? | 你记得这个护栏吗 |
| [23:19] | I-I don’t know. I-I guess so. | 我不知道 好像记得 |
| [23:21] | Let me refresh your memory. | 让我帮你回忆吧 |
| [23:22] | It’s a ten-foot fence. | 这是一面十英尺高的护栏 |
| [23:25] | No way you could have gotten onto that roof | 如果不先爬过这个护栏 |
| [23:27] | without climbing this first. | 你不可能爬得上屋顶 |
| [23:29] | Do you remember this lock and chain around the fence? | 你还记得护栏上的这串锁链吗 |
| [23:35] | I-I think… I think I saw it there, yeah. | 我想… 我之前看到了 |
| [23:38] | How about this sign? | 那这个警示牌呢 |
| [23:39] | You remember this sign? I mean, it was | 你记得这个警示牌吗 |
| [23:42] | lit with a big floodlight. | 它被大泛光灯照着 |
| [23:44] | Kind of hard to miss. | 应该不容易被忽视 |
| [23:47] | – Yeah, I think it was there. – You think so? | – 是 我想我看到了 – 你看到了 |
| [23:49] | Huh? Well, | 那么 |
| [23:50] | so, there are signs, there are lights, | 那有警示牌 有灯光 |
| [23:53] | there are locks, and there’s a ten-foot fence. | 有锁链 还有十英尺高的护栏 |
| [23:57] | What part of “We don’t want you here” Did you not understand? | 你对于”我们不想你进去”有哪里不明白的吗 |
| [24:04] | I’m sorry. I-I didn’t hear an answer, | 我很抱歉 我没有得到回答 |
| [24:06] | Your Honor. Nonetheless, | 法官大人 尽管如此 |
| [24:08] | I will withdraw the question and move on to something else. | 我收回这个问题 然后继续另一个问题 |
| [24:13] | That look familiar, James? | 詹姆斯 你见过这个吧 |
| [24:14] | Yes. | 是的 |
| [24:16] | So, what’d you do there? | 你在那做了什么 |
| [24:18] | You move that dumpster up against the wall, | 你把垃圾箱搬起来靠着墙 |
| [24:20] | and hoist yourself up on it, | 然后跳在上面 |
| [24:23] | pulled yourself up on the ladder? | 让自己能够到梯子 |
| [24:26] | Let me remind you that you are under oath. | 让我提醒你 你可是宣了誓的 |
| [24:28] | I’d also like to inform you | 我还想告知你 |
| [24:30] | that when police and paramedics reported | 当警察和医护人员在你坠落的那晚 |
| [24:32] | to the scene that night after your fall, they noted | 到现场时 他们发现 |
| [24:35] | that the dumpster was in the exact same place you left it… | 这个垃圾箱就留在了你搬到的地方 |
| [24:39] | up against the wall, beneath the ladder. | 靠着墙 在梯子下面 |
| [24:42] | He is very good. | 他非常棒 |
| [24:44] | Did I mention when I found him, he was buck naked in the woods, | 我跟你说过吗 我在丛林里发现他的时候 他一丝不挂 |
| [24:46] | nothing but a law book in his hands? | 但手里却捧着一本法律书 |
| [24:48] | So I’m gonna ask you for the second time. | 所以我要再问你一遍 |
| [24:50] | Did you push that dumpster up against the wall, | 你有没有把垃圾箱搬到墙边 |
| [24:53] | hoist yourself up on it, | 跳上垃圾箱 |
| [24:55] | pull yourself up on the ladder | 爬上梯子 |
| [24:57] | so that you could have access to the sign | 就为了接近那块 |
| [25:00] | depicting the Flying Carpet Pizza slice? | 飞毯披萨牌子呢 |
| [25:06] | Yes. Yes, I did. | 是的 我做了 |
| [25:07] | Yes, you did. | 你做了 |
| [25:09] | Doesn’t sound like it was all that easy | 听上去即使是我 |
| [25:11] | to get up there to me, was it? | 想爬上去也不容易 对吧 |
| [25:14] | No, it wasn’t. | 是的 不容易 |
| [25:16] | Okay. No further questions | 好 我对这位证人的询问到此结束 |
| [25:19] | for this witness, Your Honor. | 法官大人 |
| [25:21] | You’re excused, young man. | 你可以离席了 年轻人 |
| [25:24] | Thanks, James. | 谢谢你 詹姆斯 |
| [25:26] | Can you tell us about your son’s physical | 你能告诉我们你儿子的身体状况吗 |
| [25:28] | condition, Mrs. Donovan? | 董纳番夫人 |
| [25:32] | James is a… T9 paraplegic. | 詹姆斯是… T9截瘫 |
| [25:36] | He suffers | 他 |
| [25:38] | from paralysis in his lower torso and legs. | 下半身和腿瘫痪了 |
| [25:42] | And what’s the prognosis? | 那预后如何 |
| [25:44] | Are the doctors offering any hope | 医生们有没有说 |
| [25:46] | that he might some day be able to walk again? | 也许他将来有能再次行走的希望呢 |
| [25:49] | No. No, they’re not. | 不 不 他们没有 |
| [25:53] | How old is James? | 詹姆斯几岁了 |
| [25:56] | Uh, he’s 14. | 他十四岁了 |
| [25:59] | A child. | 还是个孩子 |
| [26:00] | Objection. That’s up to the jury to decide. | 反对 这得由陪审团来决定 |
| [26:03] | Sustained. | 反对有效 |
| [26:08] | So, what’s changed | 那么 在他坠楼后 |
| [26:10] | about your son’s life since his fall? | 你儿子的生活发生了什么改变呢 |
| [26:13] | God. | 老天 |
| [26:14] | Uh… everything. | 一切 |
| [26:18] | He-He’s had to relearn | 他 他不得不 |
| [26:20] | things. | 重新学习 |
| [26:21] | How to use the bathroom. | 怎么使用浴室 |
| [26:23] | How to get in and out of a car. | 怎么上下车 |
| [26:26] | How to navigate getting in and out of his own bed. | 怎么让自己上下床 |
| [26:29] | And is there someone to assist him with these things? | 有人帮他做这些事吗 |
| [26:32] | Just me. | 只有我 |
| [26:35] | I had to quit my job. | 我不得不辞掉工作 |
| [26:38] | He, uh, he can’t really be left alone. | 他 他不能独自一人 |
| [26:40] | And I’m guessing you’re staring | 我猜你可能 |
| [26:42] | at a lot of new expenses. | 要负担很多新开支 |
| [26:45] | Installing ramps to make your home wheelchair accessible? | 安装坡道来让轮椅在你家无障碍通行 |
| [26:49] | Buying an appropriate | 买一辆合适的面包车 |
| [26:50] | van so you can transport him places? | 来让你能送他 |
| [26:52] | Yeah, took out a homeowner loan. | 是的 我办理了房屋抵押贷款 |
| [26:55] | They wouldn’t give us enough | 虽然这不足以 |
| [26:57] | to do everything we needed, | 满足我们的所有需求 |
| [27:00] | but it’s a start. | 但至少是个开始 |
| [27:02] | Double-check me. Juror number one looks like | 检查一遍 一号陪审员看上去 |
| [27:04] | she’s about to start a GoFundMe page for James. | 想要为詹姆斯开发一个”为我资助”的网页 |
| [27:07] | What can I tell you? | 我能告诉你什么 |
| [27:08] | This is very effective testimony. | 她的证词非常有效 |
| [27:10] | If we polled the jury right now, | 如果我们现在对陪审团进行民意调查 |
| [27:12] | there is not a chance in hell of our side winning. | 我们这边根本不可能赢 |
| [27:14] | And I don’t think this jury is inclined | 而且我不认为陪审团会倾向于同意 |
| [27:16] | to leave the award at just $2 million. | 只给两百万美元的裁决 |
| [27:19] | I have nothing further. | 我暂时没有问题了 |
| [27:24] | Concede that this is a tragedy, | 承认这是一场悲剧 |
| [27:26] | but remind them that it’s not the Elmasrys’ fault. | 但提醒他们这不是艾梅斯瑞一家的错 |
| [27:29] | Mrs. Donovan, | 董纳番夫人 |
| [27:31] | before your son suffered these life-changing injuries, | 在你儿子遭受这场改变一生的事故前 |
| [27:36] | how did he get to and from school every day? | 他每天是怎么上下学的 |
| [27:39] | He took the bus. | 他坐公交 |
| [27:41] | – New York City bus? – Yes. | – 纽约城市公交 – 是的 |
| [27:43] | And he traveled on public transit alone? | 他是独自乘坐公交车的吗 |
| [27:46] | Sometimes. | 有时是 |
| [27:48] | Would he take the subway alone, too? | 那他也会独自坐地铁吗 |
| [27:50] | Sure. Sometimes. | 当然 有时候会 |
| [27:52] | Did you allow him to hang out | 你允许他在放学后 |
| [27:54] | with his best friends after school? | 和他的好朋友们闲逛吗 |
| [27:56] | Of course. | 当然 |
| [27:58] | Without adult supervision? | 没有大人陪同 |
| [28:01] | Depending on where they were going | 是 这取决于他们去哪儿 |
| [28:03] | and what they were doing, yes. | 以及想做什么 |
| [28:07] | Ah. Now, James has a two-year-old sister, doesn’t he? | 现在 詹姆斯有一个两岁的妹妹 是吗 |
| [28:11] | Janie. Um, she just turned three. | 简妮 她刚满三岁 |
| [28:14] | Ah. My mistake. | 我的错 |
| [28:16] | And would James ever babysit her? | 詹姆斯以前会照顾她吗 |
| [28:19] | Uh, from time to time. | 偶尔 |
| [28:21] | So, you trusted him with a toddler? | 所以你信任他能照顾幼儿 |
| [28:24] | With his sister. | 照顾他妹妹 |
| [28:26] | – Absolutely. – Yes, but | – 完全相信 – 是 |
| [28:27] | you felt comfortable doing this, | 你觉得这些事可行 |
| [28:29] | because James was a responsible young man. | 是因为詹姆斯是一个能负责任的年轻人 |
| [28:33] | You knew he would take his responsibility seriously, | 你知道他会认真负责 |
| [28:36] | and you trusted his sense of judgement. True? | 并且你相信他的判断力 是吗 |
| [28:39] | Objection. Compound question. | 反对 问题冗杂 |
| [28:41] | Sustained. | 反对有效 |
| [28:43] | Rephrase the question. | 重述问题 |
| [28:45] | Now what you’re telling us is, | 刚刚你告诉我们的是 |
| [28:47] | you treated your son like a young adult. | 你把你儿子当成是小大人一样 |
| [28:50] | Objection. | 反对 |
| [28:52] | That’s not a question. | 这不是问题 |
| [28:53] | Because isn’t that, in fact, what he is? | 因为那不是的话 事实上 他是什么 |
| [28:56] | Not a toddler that could be | 他不是一个会被 |
| [28:58] | lured into an uncovered swimming pool | 闪亮的蓝色池水吸引 |
| [29:00] | by the shiny blue water, | 落入无遮挡的游泳池里的孩童 |
| [29:03] | but a young man… | 他是一个… |
| [29:05] | who knows right from wrong. | 知道是非的年轻人 |
| [29:08] | Who understands when he sees | 他明白他看到 |
| [29:09] | a sign that says “No Trespassing,” | “禁止入侵”的标志 |
| [29:12] | that means “Stay away… | 那意思是 “请远离… |
| [29:15] | for your own good.” | 为自己好” |
| [29:17] | Isn’t that right, Mrs. Donovan? | 不是吗 董纳番夫人 |
| [29:19] | Objection! He’ bargering the witness. | 异议 这是在纠缠证人 |
| [29:21] | Oh, that’s all right. | 没关系 |
| [29:23] | You don’t have to answer that, Mrs. Donovan. | 您不必非要作答 董纳番夫人 |
| [29:25] | I know you’ve been through a lot. | 我知道您经历了很多 |
| [29:28] | No further questions, Your Honor. | 没有别的问题了 阁下 |
| [29:31] | For what it’s worth, | 不管如何 |
| [29:32] | now might be an excellent time | 现在正是让柯蕾斯女士知道 |
| [29:34] | to let Ms. Kress know she’s getting her money’s worth. | 她的钱有所值得的最佳时机 |
| [29:37] | I am suddenly staring at three greens and three reds. | 现在形势突然一半一半了 |
| [29:42] | What are you so happy about? | 您在开心什么 |
| [29:44] | Oh, I’m just looking at the jury. | 我只是在看陪审团 |
| [29:48] | You own half of them now. | 现在您已经赢得了半数 |
| [29:51] | Well, what are you bragging about? | 这有什么可炫耀的 |
| [29:52] | That just means your work is only half done. | 这意味着您的工作才完成了一半 |
| [30:01] | The plaintiff would like to call Paul Martin | 原告希望宣保尔·马丁 |
| [30:04] | to the stand. | 出庭作证 |
| [30:06] | Mr. Martin, could you please | 马丁先生 您是否能 |
| [30:08] | describe your relationship to the Elmasrys? | 描述一下您与艾梅斯瑞夫妇的关系 |
| [30:12] | Well, I live in the neighborhood. | 我住在临近社区 |
| [30:14] | I eat their pizza. It’s damn delicious. | 我吃他们家的披萨 好吃的要死 |
| [30:17] | Well, any idea who this is? | 您认识这个人吗 |
| [30:19] | ‘Cause the jury is on the edge of their seats. | 因为陪审团突然激动了起来 |
| [30:21] | They handed us an updated witness list when we walked in, | 我们进来的时候他们给了我们一份最新的目击者名单 |
| [30:24] | but Amir said he didn’t recognize the name. | 但埃梅说他不认识这人 |
| [30:27] | You recognize him now? | 您现在认得他了吗 |
| [30:29] | And would you please | 能否请您 |
| [30:31] | tell the jury why you called my office? | 向陪审团说明为什么您给我办公室打电话呢 |
| [30:34] | Why you reached out to us? | 为什么您联系了我们 |
| [30:37] | I don’t know. | 我不知道 |
| [30:38] | I read about the boy, how he ended up in the wheelchair, | 我读到了那男孩的报道 说他下半生都要在轮椅上度过 |
| [30:41] | and I felt badly. | 我感觉很糟糕 |
| [30:43] | Why did you feel badly? | 为什么您感觉很糟糕 |
| [30:45] | Well… about a year ago, | 因为… 差不多一年之前 |
| [30:48] | I’m walking down the sidewalk, | 我在人行路上走 |
| [30:49] | right in front of Amir’s place, and bang. | 正走到埃梅前面 然后一声巨响 |
| [30:53] | Something falls out of the sky. | 有什么从天而降 |
| [30:55] | I get hit on the head. | 正中我的脑袋 |
| [30:57] | Felt like a rock. | 感觉像是块石头 |
| [30:58] | Couple of pounds, maybe. | 可能有几磅重 |
| [31:00] | And I’m bleeding. | 我血流满面 |
| [31:02] | And it feels like it’s gonna be a hell of a bump. | 感觉头上会肿个大包 |
| [31:05] | And I look to see what it was. | 我去看那是什么 |
| [31:07] | I pick it up off the sidewalk. | 我从人行道把它捡起来 |
| [31:09] | And it’s a piece of concrete pepperoni. | 是一块水泥意大利肉肠 |
| [31:13] | Came off Mr. Elmasry’s sign. | 从艾梅斯瑞先生的招牌上掉下来的 |
| [31:15] | And did you call | 您是否 |
| [31:17] | Mr. Elmasry? Tell him what happened? | 联系过艾梅斯瑞先生 告诉他发生的事情 |
| [31:19] | I didn’t have to. | 不必如此 |
| [31:21] | He came running out of the shop. | 他马上跑出店门 |
| [31:23] | Took complete responsibility for everything. | 说承担全部责任 |
| [31:25] | Said I should go to the hospital, | 他说我该去医院 |
| [31:27] | get some X-rays, MRI. | 该拍X光片 做一下核磁共振 |
| [31:30] | Whatever I needed, he’d pay for everything. | 不管我需要什么 他都会付款 |
| [31:32] | And he did. | 而且确实也这样做了 |
| [31:34] | He just… didn’t want me to call the cops. | 他只是… 不太希望我叫警察 |
| [31:36] | And he really didn’t want me to call my insurance company. | 也非常不情愿我打给保险公司 |
| [31:40] | So, it’s your testimony | 所以您作证称 |
| [31:43] | that the Elmasrys were fully aware that their sign… | 艾梅斯瑞一家完全清楚他们的招牌… |
| [31:46] | the structure… was unsound. | 结构… 并不稳固 |
| [31:48] | That it was a hazard. | 会造成危害 |
| [31:49] | Objection. Calls for speculation. | 异议 此为推测 |
| [31:52] | Sustained. | 反对有效 |
| [31:53] | I’ll withdraw the question. | 我撤回这个问题 |
| [31:55] | So, you did what you were told. | 那么 您按他说的去做了 |
| [31:57] | You didn’t notify the authorities. | 您并没有通知当局 |
| [31:59] | You didn’t call your insurance company. | 也没有致电保险公司 |
| [32:01] | I did not. | 没有 |
| [32:04] | And I can’t help but wonder if I had | 而且我忍不住想 如果我通知了 |
| [32:06] | if the city might not have gone over | 如果市里没有就忽略这个问题 |
| [32:08] | and inspected, | 而是仔细检查 |
| [32:11] | made them reinforce that sign, | 让他们把标志加固 |
| [32:14] | then maybe that boy might be walking today. | 也许那男孩今天可能还走在街上 |
| [32:19] | Thank you, Mr. Martin. | 谢谢您 马丁先生 |
| [32:21] | I have no further questions for this witness. | 对这位证人我没有别的问题了 |
| [32:24] | What’s the damage? | 损失如何 |
| [32:25] | I am afraid we are hanging on by a single green thread. | 恐怕我们只有两位绿色了 |
| [32:33] | What are you… what are you doing? | 您… 您在做什么 |
| [32:34] | What does it look like I’m doing? I’m leaving. | 我看起来像在做什么 我要走 |
| [32:36] | Where you going? | 去哪 |
| [32:38] | Can it at least wait until we break for the day? | 不能至少等到休息时间吗 |
| [32:39] | Nice to meet you, Mr. Martin. | 很高兴认识您 马丁先生 |
| [32:42] | Thank you for coming in today. | 谢谢您今天来 |
| [32:46] | I still can’t believe she did it. | 我还是不敢相信她就这样做了 |
| [32:49] | And she didn’t say anything to you? | 她没跟你说什么吗 |
| [32:51] | Didn’t explain herself to you? Just got up and left? | 她没跟你解释吗 就站起来然后走掉了 |
| [32:54] | The minute a bad fact came out, | 不利的结果一来 |
| [32:55] | she grabbed her bag and headed for the door. | 她就抓起自己的包径直朝门去 |
| [32:57] | Well, do you want to call her, or should I? | 你想给她打电话吗 还是我来 |
| [33:00] | I’ve been calling every ten minutes. | 每隔十分钟我就给她打电话 |
| [33:08] | Something we said? | 是因为我们说了什么吗 |
| [33:17] | Immunity Insurance is no longer your partner in this case. | 在这种情况下 免疫公司不再是你们的伙伴 |
| [33:20] | Excuse me? | 不好意思 您说什么 |
| [33:22] | You brought this case to us. | 是您把案子带给我们的 |
| [33:25] | We were misled. | 我们被误导了 |
| [33:27] | We were given inaccurate information. | 得到的信息并不准确 |
| [33:29] | What kind of inaccurate information? | 什么信息不准确 |
| [33:32] | Mr. And Mrs. Elmasry | 艾梅斯瑞夫妇 |
| [33:33] | reapplied for their insurance eight months ago. | 在八个月前重新申请了保险 |
| [33:36] | And at that time, they were specifically asked | 那个时候他们有被特别问到 |
| [33:38] | if there had been any accidents on the premises, | 在此前提下是否有过任何意外 |
| [33:42] | and they said no. | 他们的回答是没有 |
| [33:44] | You can’t be serious. | 您在开玩笑 |
| [33:45] | As far as we’re concerned, | 即 据我们所知 |
| [33:46] | the Elmasrys committed fraud. | 艾梅斯瑞夫妇涉嫌欺诈 |
| [33:48] | They’re lucky we don’t press criminal charges. | 他们很幸运 我们不会提出刑事指控 |
| [33:50] | Criminal charges? | 刑事指控 |
| [33:51] | Their lack of honesty | 他们缺乏诚信 |
| [33:53] | voids the policy, | 无视法律法规 |
| [33:54] | which means the insurer has no obligation to pay a dime, | 这意味着承保人不再有义务支付哪怕一分钱 |
| [33:58] | which means that we are withdrawing from the lawsuit. | 意味着我们会退出诉讼 |
| [34:01] | And that’s it? You find a loophole, | 就这样 你们找到了空子 |
| [34:04] | a way of avoiding paying out on the policy, | 找到了避免支付保单费用的办法 |
| [34:06] | and you just… dump your client? | 然后就… 把客户扔下了 |
| [34:10] | Do you at least refund them | 至少要把保险费 |
| [34:11] | their premium? | 退回去吧 |
| [34:19] | If you get me your bill with the charges to date, | 请寄给我最新的诉讼费用账单 |
| [34:21] | I’ll see that it’s paid promptly. | 我会即时付款 |
| [34:23] | Just curious. Shall I say goodbye | 好奇问一问 我该代你 |
| [34:26] | to the Elmasrys for you? | 向艾梅斯瑞夫妇说再见吗 |
| [34:31] | I take that as a no. | 我就当是拒绝了 |
| [34:40] | It’s about as good a closing argument | 这差不多是我见过的 |
| [34:42] | as I’ve ever read. | 最好的结束陈词 |
| [34:43] | Thank you. | 谢谢 |
| [34:45] | I don’t think it’s gonna make | 但我不认为这会 |
| [34:46] | a damn bit of difference. | 改变什么 |
| [34:48] | The other side has a boy in a wheelchair, | 另一边是个坐轮椅的小男孩 |
| [34:50] | and that’s gonna be tough to beat. | 这很难翻身 |
| [34:52] | The Elmasrys are gonna lose their shirts, aren’t they? | 艾梅斯瑞夫妇得赔上一大笔 不是吗 |
| [34:56] | Jury’s gonna hand down some crazy judgment, | 陪审团会做出严厉的裁决 |
| [35:00] | and because they have no insurance, | 而因为他们不再有保险 |
| [35:01] | the family’s gonna be forced to sell everything. | 那一家子得把所有家当都卖掉了 |
| [35:05] | Including the business. | 包括他们的生意 |
| [35:06] | Looks that way. | 似乎是的 |
| [35:10] | Everybody’s ready. | 大家都准备好了 |
| [35:12] | I know you guys are trying to figure out | 我知道你们在衡量 |
| [35:14] | whether to rest your case or not. | 要不要放下手上的案子 |
| [35:16] | I’m just not sure I’m gonna really be of any help. | 我不确定自己能不能帮上忙 |
| [35:19] | Um, I interviewed | 不过 我采访了 |
| [35:21] | the other two kids that were with James that night, | 那晚跟詹姆斯一起的两个孩子 |
| [35:23] | effectively the only two witnesses, | 实际上是唯二的目击证人 |
| [35:25] | and neither of them have anything to say | 他们都没说什么 |
| [35:28] | that’s gonna matter. | 比较重要的 |
| [35:29] | Yeah, well, we assumed as much. | 我们猜也是 |
| [35:31] | Although, there was | 虽然实际上 |
| [35:32] | this one thing that’s kind of weird, actually. | 有一件事情很奇怪 |
| [35:34] | Um, according to the girl that was with them, | 根据跟他们一起的女孩 |
| [35:37] | Makayla Newton, | 马凯拉·纽屯的说法 |
| [35:39] | James had never been to that pizza parlor before. | 詹姆斯之前从没去过那家披萨店 |
| [35:42] | So when he testified | 所以当他作证时说 |
| [35:43] | that he had shown Amir that selfie | 他给埃梅看过那张自拍 |
| [35:45] | and Amir said wasn’t good enough, | 埃梅说不够好的时候 |
| [35:47] | he essentially lied. | 其实他在撒谎 |
| [35:49] | So he perjured himself. | 他给自己作伪证 |
| [35:51] | Why? | 为什么呢 |
| [35:52] | – What did he have to gain? – Who knows? | – 他要因此得到什么呢 – 谁知道 |
| [35:54] | Maybe he was embarrassed that his stunt | 也许因为他为自己的愚蠢行为 |
| [35:56] | ended up causing so much pain to so many people. | 最终给许多人带来惨痛后果而羞愧 |
| [35:58] | Maybe he didn’t have the courage | 也许他是没那个胆 |
| [36:00] | to tell his mother he thought it up all by himself. | 告诉妈妈一切都是自己的主意 |
| [36:02] | – Yeah. – Whatever. | – 好吧 – 不管怎么说 |
| [36:04] | I’m not gonna alienate the jury by charging him with perjury, | 我不会靠指控他作伪证来让陪审团疏远他 |
| [36:07] | ’cause we can’t prove it, anyway. | 反正我们也拿不出确凿证据 |
| [36:09] | Like I said, nothing that matters. | 我说过 这无关紧要 |
| [36:12] | Anything from this side of the table? | 桌子这边有意见要发表吗 |
| [36:14] | All I can tell you is the jury | 我只能告诉你 |
| [36:16] | is itching to give that boy a huge award. | 陪审团想给那个男孩一个大奖 |
| [36:18] | I think it’s gonna make | 我想这会让 |
| [36:20] | the original $2 million settlement offer | 原先的两百万和解提议 |
| [36:22] | look like the deal of the century. | 看起来像本世纪最棒的交易 |
| [36:23] | I second that. | 我附议 |
| [36:25] | Taylor. | 泰勒 |
| [36:26] | Tell me you hacked into Immunity Insurance e-mail | 请说你黑进了免疫保险公司的邮箱 |
| [36:29] | and found a smoking gun that will change everything. | 然后找到了扭转乾坤的确凿证据 |
| [36:32] | I hacked into Immunity Insurance’s e-mail | 我黑进了免疫保险公司的邮箱 |
| [36:34] | and found a smoking gun, something that just might | 然后找到了可能扭转乾坤的 |
| [36:36] | – change everything. – Really? | – 确凿证据 – 真的吗 |
| [36:38] | No. But what I did find | 假的 我只找到 |
| [36:40] | is very disappointing on a human level. | 一些非常令人失望的东西 |
| [36:44] | Everyone at that insurance company agreed with you guys. | 那家保险公司所有人都同意你们的看法 |
| [36:47] | There must be dozens of e-mails in there | 里边有成堆的邮件 |
| [36:49] | saying that the $2 million number | 认为两百万美元的价码 |
| [36:50] | is a fair and reasonable one | 是公平且合理的 |
| [36:52] | and that Avery should move on it. | 因此爱芙利应该接受它 |
| [36:53] | And? | 之后呢 |
| [36:55] | And Avery argued back | 爱芙利反驳说 |
| [36:56] | that while it would be a good offer for the plaintiff | 虽然这对原告来说是个不错的提议 |
| [36:58] | and would obviously have taken the Elmasrys off the hook, | 也显然可以把艾梅斯瑞一家从困境中解救出来 |
| [37:00] | it was bad for Immunity Insurance. | 但对免疫保险公司不利 |
| [37:03] | Would set a horrible legal precedent | 这会开一个可怕的法律先例 |
| [37:05] | and would only reinforce the idea that people, | 只会加强人们 |
| [37:07] | especially young people who indulge in risky behavior, | 尤其是那些沉溺于冒险行为的年轻人 |
| [37:11] | can expect big cash payouts if they have an accident. | 利用事故赚取大笔现金的想法 |
| [37:14] | That they needed to draw a line in the sand. | 因此他们需要设置底线 |
| [37:16] | That this was the case to do it with. | 这个案子正合适 |
| [37:17] | Well, I suppose it’s their right. | 好吧 这是他们的权利 |
| [37:20] | Actually, I’m not sure it is. | 我不确定 |
| [37:23] | Benny, call down to the courthouse, | 本尼 打电话到法院去 |
| [37:25] | see if you can’t postpone today. | 看看今天能不能延期审讯 |
| [37:27] | I want to call another settlement meeting. | 我想再召开一次和解会议 |
| [37:30] | Really? With who? | 你确定吗 和谁开呢 |
| [37:32] | With James and his mother and the Elmasrys | 和詹姆斯和他的母亲 以及艾梅斯瑞一家 |
| [37:35] | – and Avery. – Avery? | – 还有爱芙利 – 还有爱芙利吗 |
| [37:37] | But she and her company withdrew from the case. | 但她和她的公司已经撤诉了 |
| [37:39] | I know. | 我知道 |
| [37:41] | Tell her I need her here. | 告诉她我需要她到这儿来 |
| [37:43] | Uh, tell her it’s about the bill. | 告诉她和账单有关 |
| [37:45] | I don’t care. Just get her over here. | 不管用什么说法 反正把她叫来 |
| [37:47] | What time were you thinking? | 大概什么时间来 |
| [37:48] | I was thinking the others should be here at 2:00. | 其他人两点钟到吧 |
| [37:50] | Have Avery be here at 1:00. | 爱芙利一点钟过来 |
| [37:56] | – Ms. Kress. – Yes? | – 柯蕾斯女士 – 怎么了 |
| [37:58] | Dr. Bull and Mr. Colion are waiting for you. | 布尔博士和科隆先生正在等你 |
| [38:04] | Dr. Bull. | 布尔博士 |
| [38:05] | Mr. Colion. | 科隆先生 |
| [38:07] | Am I on trial? | 我要被受审了吗 |
| [38:09] | Ms. Kress. Of course not. | 当然不需要 柯蕾斯女士 |
| [38:11] | Well, what’s so pressing? | 好吧 那什么事这么急 |
| [38:13] | This can’t really be about your bill. | 不可能真跟你的账单有关吧 |
| [38:15] | Looks like you have every toy that a lawyer | 看起来你这儿备满了一名律师 |
| [38:19] | or a trial scientist could fit in here. | 或者庭审专家所需的一切 |
| [38:21] | No, we just wanted to invite you | 不 我们只是希望邀请你 |
| [38:23] | to a little settlement conference | 参加一个我们安排的 |
| [38:24] | we’re putting together. | 小型庭外和解会议 |
| [38:25] | Yeah. Your old clients the Elmasrys will be there. | 你的老客户艾梅斯瑞一家都会到场 |
| [38:29] | So will the attorney for James Donovan. | 詹姆斯·董纳番的律师也会来 |
| [38:31] | We didn’t want you to feel left out. | 我们不希望你被晾在一边 |
| [38:33] | Huh. I-I’m confused. | 是嘛 我有点混乱 |
| [38:36] | You know I withdrew from this case. | 你们知道我已经撤诉了 |
| [38:39] | You know Immunity no longer insures the Elmasrys. | 我的保险公司已经不再为艾梅斯瑞一家提供保险了 |
| [38:42] | We know. | 我们知道 |
| [38:43] | We just thought you might want to reconsider. | 我们认为你可能会改变主意 |
| [38:46] | Really? Why? | 是吗 为什么 |
| [38:48] | Oh, a little legal thing called bad faith. | 也没什么 就一个小小的法律条款叫做不守信用 |
| [38:52] | Are you two accusing me of something? | 你俩是在指控我吗 |
| [38:55] | We’re offering you a second chance. | 我们只是再给你一个机会 |
| [38:57] | And those don’t come around very often, | 而且机会稍纵即逝 |
| [39:00] | so let’s review your options. Option one. | 让我们回顾一下你的选项吧 选项一 |
| [39:02] | We continue with the trial, | 我们继续审判 |
| [39:04] | and the jury finds in favor of James | 陪审团判詹姆斯胜诉 |
| [39:07] | to the tune of maybe $8 million? | 并索赔八百万美金吧 |
| [39:10] | And the Elmasrys don’t have $8 million. | 艾梅斯瑞一家赔不起八百万美金 |
| [39:11] | So then, | 之后 |
| [39:13] | with our help, they sue you. | 在我们的帮助下 他们会起诉你 |
| [39:17] | For? | 依据呢 |
| [39:18] | The aforementioned bad faith. | 之前提到的不守信用 |
| [39:20] | Oh, did we forget to mention that… | 对了 我们忘记说了… |
| [39:23] | we’ve got a dozen e-mails here | 我们得到了很多邮件 |
| [39:25] | that say your company was fully aware | 说你们公司完全知晓 |
| [39:28] | of the $2 million offer that you originally gave | 你最初提出的两百万美元 |
| [39:31] | and found it completely reasonable. Better than reasonable, | 并认为此价格完全合理 而考虑到这是一家保险公司 |
| [39:34] | considering it is an insurance company | 和一个坐轮椅的青少年间的案子 |
| [39:36] | going up against a teenager in a wheelchair. | 这价格比合理还要理想 |
| [39:40] | But you turned it down. | 但你收回了 |
| [39:43] | Not because you were trying to do | 不是因为你想为 |
| [39:44] | what’s best for the Elmasrys | 艾梅斯瑞一家做最优选择 |
| [39:46] | but because your company was trying to prove a point. | 而是因为你们公司想证明一个观点 |
| [39:48] | A point you apparently were willing to make | 一个你明显愿意以你的客户为代价 |
| [39:50] | at your client’s expense, | 证明的观点 |
| [39:52] | which is not the way it’s supposed to be done. | 这事本不该这么办的 |
| [39:55] | Isn’t it? | 不该吗 |
| [39:56] | You know as well as I do | 你和我一样清楚 |
| [39:58] | insurance companies aren’t in the business of paying out | 保险公司的职责可不是为了 |
| [40:00] | just so everyone can feel good. | 让大家开心而大把撒钱 |
| [40:02] | That boy was old enough to understand his actions. | 那个男孩儿年龄不小了 该为自己的行为负责 |
| [40:05] | We were perfectly within our rights to litigate. | 我们完全有权利提起诉讼 |
| [40:07] | But you did not litigate. | 但你没有提起诉讼 |
| [40:09] | You walked out halfway through. | 你半道撤诉了 |
| [40:11] | The Elmasrys lied. | 艾梅斯瑞一家撒了谎 |
| [40:13] | The Elmasry tried to save you and themselves some money | 艾梅斯瑞一家想给你和他们自己省笔钱 |
| [40:17] | because they knew if they filed a claim, | 因为他们知道一旦提出索赔 |
| [40:19] | you would raise their rates. | 你会增加他们的保费 |
| [40:21] | And we would have. | 我们会的 |
| [40:22] | And you know | 而且你 |
| [40:24] | damn well if you voided every policy you sold | 非常清楚 如果因为被保险人没有提出索赔 |
| [40:26] | because the insured failed to file a claim, | 你就把你卖的保险都作废了 |
| [40:29] | you’d have virtually no customers. | 你的客户肯定全都跑光光 |
| [40:32] | You got into this trial | 你参加了审判 |
| [40:34] | and quickly realized what I told you is true. | 并很快意识到我告诉你的都是实情 |
| [40:36] | It is almost impossible to win | 不管这个未成年人怎么 |
| [40:38] | against a minor in a wheelchair, no matter how he got there. | 把自己搞到坐上轮椅 这案子几乎都赢不了 |
| [40:42] | And so you started looking for a loophole, | 于是你开始寻找漏洞 |
| [40:44] | any loophole, that would let you walk away. | 一个漏洞就够 你就能溜之大吉 |
| [40:47] | You acted in bad faith. | 你的行为不守信用 |
| [40:49] | You weren’t looking out for the people you agreed to insure. | 你不为那些买你保险的人着想 |
| [40:52] | You were looking out for yourself and your company. | 你只为你自己和你们公司着想 |
| [40:55] | And New York state law is very clear. | 纽约州的法律非常明确 |
| [40:57] | If Immunity Insurance acted in bad faith, | 如果免疫保险公司的行为不守信用 |
| [40:59] | they are on the hook | 他们就和陪审团 |
| [41:01] | for whatever number the jury comes up with. | 判决下来的赔偿款脱不了干系 |
| [41:03] | And I got to tell you, | 我得告诉你 |
| [41:05] | they’re gonna come up with a whopper. | 他们会想出一个弥天数字 |
| [41:08] | Which brings us to your other option. | 这就引出了你的另一个选择 |
| [41:12] | Why don’t you come upstairs with us | 在陪审团做出裁决之前 |
| [41:13] | before the jury comes back with a verdict? | 不妨和我们一起上楼谈谈 |
| [41:15] | Give that boy $4 million, | 赔那个男孩四百万美元 |
| [41:17] | $2 million more than the original offer, | 比原先的商议好的价码多两百万美元 |
| [41:20] | and let the Elmasrys keep their business, | 让艾梅斯瑞一家保住他们的生意 |
| [41:23] | and we can just… | 之后我们可以… |
| [41:24] | make this whole thing go away. | 忘了这整件事情 |
| [41:27] | You know, Bull, | 你知道 布尔 |
| [41:29] | if we sue Immunity on behalf of the Elmasrys, | 如果我们代表艾梅斯瑞一家起诉免疫保险公司的话 |
| [41:33] | I’m betting discovery would come up | 我打赌还有很多有趣的邮件 |
| [41:35] | with a whole lot more interesting e-mails. | 会被发现 |
| [41:37] | Hmm. Benny. | 本尼 |
| [41:39] | You just might be onto something. | 你可能说到点子上了 |
| [41:43] | If you’re right about the jury, | 如果你对陪审团的看法是对的 |
| [41:46] | if you’re really convinced | 如果你真的确信 |
| [41:48] | that they’re going to ask for $8 million, | 陪审团会认同八百万美元的和解费 |
| [41:50] | why would the plaintiff settle for $4 million? | 那原告干嘛要接受四百万和解呢 |
| [41:53] | Well, it turns out | 好吧 其实 |
| [41:55] | he wasn’t completely truthful on the stand, | 他在证人席上没有完全说实话 |
| [41:57] | and once I tell his attorney we’re gonna go and talk | 所以我一告诉他的律师我们要去和 |
| [42:00] | to the judge about it, I think she’s gonna settle right away. | 法官谈谈这个情况 我想她会立刻答应和解 |
| [42:03] | Shall we head up? | 我们上楼吗 |
| [42:06] | Let’s. | 走吧 |
| [42:07] | Hey! Anybody else hungry? | 还有谁饿了吗 |
| [42:10] | Anybody else feel like pizza? | 有想吃披萨的吗 |
| [42:14] | Maybe we can get the Elmasrys to bring a pie over with them. | 要不我们让艾梅斯瑞一家带个馅饼过来吧 |
| [42:18] | Is it really that good? | 真的很好吃吗 |
| [42:19] | Oh, I hear it’s great. | 我听说棒极了 |
| [42:21] | Call them. | 打给他们吧 |
| [42:23] | You’re kind of pushy, you know that? | 你知道吗 你有点爱出风头 |
| [42:24] | Hey. You don’t have to like her. | 听着 我们并不需要喜欢她 |
| [42:27] | You just have to defend her. | 只需要为她辩护 |