L.A. Law (TV Series)
I'm Ready for My Closeup, Mr. Markowitz (1992)
John Spencer: Tommy Mullaney
Quotes
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Douglas Brackman, Jr. : Next up: Campos et al vs. Halifax Chemical.
Tommy Mullaney : We're going to trial.
[Brackman and McKenzie exchange a look]
Grace Van Owen : This is the class-action suit brought by the Hondurans?
Tommy Mullaney : Mm-hmm. I'm co-chair with Alex DePalma, the attorney who brought it to us. Farm workers down there used a real nasty pesticide called Z-Chlor, also known as Wallop. Made 400 of them sterile.
Cara Jean 'C.J.' Lamb : Wallop indeed.
Tommy Mullaney : Z-Chlor was suspended by the EPA but Halifax kept shipping tons of the stuff to Honduras.
Ann Kelsey : I thought this case was dismissed on jurisdictional grounds.
Tommy Mullaney : We appealed, and the court ruled that since Halifax is based in California, we can try it here.
Arnie Becker : Foreign workers suing in our courts. Good luck.
Douglas Brackman, Jr. : It's worse than you think. DePalma is a solo practitioner from East L.A., Halifax is represented by Breech and Spitzer.
Jonathan Rollins : Oof, those guys are pit bulls.
Arnie Becker : Kiss this one goodbye.
Tommy Mullaney : Look, we know it's a longshot, but what that company did to these people was a crime.
Douglas Brackman, Jr. : But you can't right every wrong in the world, and this is eating up billable hours.
Cara Jean 'C.J.' Lamb : Hours aren't the point here.
Stuart Markowitz : This is about conscience, Douglas.
Arnie Becker : Come on, folks, we have to have me fiscal responsibility.
Jonathan Rollins : But how far are we expected to go?
Leland McKenzie : [to Mullaney] Before this goes any further, I want to talk to Mr. DePalma and the class rep.
[to Brackman]
Leland McKenzie : Anything else, Douglas?
Douglas Brackman, Jr. : No, we're adjourned.
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Douglas Brackman, Jr. : Gentlemen, when we took this on, you both agreed we should settle.
Alex DePalma : We asked for 4,000,000, they shot it down.
Leland McKenzie : So, try again.
Alex DePalma : Mr. McKenzie, we are ready for trial. We've got a solid case on the facts. Mr. Campos has spent 6 years gathering data and overseeing medical tests down in Honduras. These people are counting on us.
Alvaro Campos : 30% of the workers at my plantation are like me: we can never have children.
Douglas Brackman, Jr. : But you still have to prove a link to the pesticide. We all know how hard that is.
Leland McKenzie : The firm is in no position to carry this through a trial and appeals that could take years.
Alex DePalma : I didn't come here so you could broker a settlement and walk away with a big fee. I needed Tommy Mullaney to win.
Douglas Brackman, Jr. : You needed an experienced firm to back you. And we're telling you to settle.
Tommy Mullaney : Halifax isn't interested in settling. They want a verdict to discourage other foreign suits. The whole chemical industry is behind them.
Douglas Brackman, Jr. : Great, now we're taking on the chemical lobby.
Leland McKenzie : Look, why not make another offer? Try asking for 2,000,000.
Alex DePalma : That's a joke. After fees, that's barely 3000 per man.
Douglas Brackman, Jr. : You'd be lucky to get that for third world workers.
Alvaro Campos : Third world? Does that mean our lives have less value than yours?
Douglas Brackman, Jr. : I wasn't saying that.
Alex DePalma : Yeah, then what were you saying?
Leland McKenzie : He's talking about the average wage earn...
Tommy Mullaney : Guys, uh, let me have a few minutes here. Okay? I'll meet back you in my office.
[DePalma and Campos exit]
Tommy Mullaney : Thanks.
[Mullaney closes the door]
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Leland McKenzie : I'm sorry I let you talk us into this.
Tommy Mullaney : Listen, Leland, we're talking about 15,000,000 in damages, here. With possible punitives beyond that. Our split would be at least 2.5,000,000.
Douglas Brackman, Jr. : If you win and if it holds up on appeal.
Tommy Mullaney : We get a verdict in our favor, they'll settle big before they appeal. I'm telling you, guys, we can pull this off.
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Tommy Mullaney : Mr. Campos, when did you find out that you were sterile?
Alvaro Campos : 7 years ago. My wife and I had been married 3 years, and still no children. The doctor said I had no sperm.
Tommy Mullaney : Did the doctor offer any hope that you could ever have children?
Alvaro Campos : No. He said this part of me was dead. I was 28 years old.
[Mullaney what looks like a lightweight, three-foot jackhammer with a canister attached?]
Tommy Mullaney : Can you tell us what this is, sir?
Alvaro Campos : It's the tool we use to push Z-chlor into the ground.
Tommy Mullaney : You inject the pesticide into the roots of the plant like this?
[Mullaney points the device toward the floor, pushes]
Alvaro Campos : Yes. Sometimes, you hit a stone and it comes back in your face and eyes. On your legs. It's like fire on the skin. It makes you so sick, you vomit.
Tommy Mullaney : Did anyone ever warn you or the other workers that Z-chlor could make you sterile, or was in any way harmful to your health?
Alvaro Campos : No. Never.
Tommy Mullaney : Mr. Campos, what does it mean to a Honduran man to know he can never father a child?
Alvaro Campos : There is nothing worse. This is not losing a hand or an eye. If you cannot make children, you are not a man.
Tommy Mullaney : Thank you, sir. Nothing further.
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Lawyer Russell Spitzer : Mr. Campos, did you ever have gonorrhea?
Tommy Mullaney : Objection, relevance?
Lawyer Russell Spitzer : I'm exploring other potential causes of Mr. Campos' sterility, Your Honor.
Judge Robert Fellmeth : Overruled, the witness will answer.
Alvaro Campos : Yes, I was 17-years old. But the doctor said I was completely cured. And there were no long time effects. And I am not the only one who sterile. There are 400 others.
Lawyer Russell Spitzer : Isn't it common for men in your culture to visit prostitutes?
Alex DePalma : Objection, irrelevant and racist!
Judge Robert Fellmeth : Sustained. Watch it, Mr. Spitzer.
Lawyer Russell Spitzer : I'm sorry, Your Honor. Mr. Campos, alcohol abuse can make men infertile. How many cantinas are there in your village?
Alvaro Campos : I don't know.
Lawyer Russell Spitzer : 35, by my information. That's one bar every 40 men in town. Sounds like a pretty happy place.
Tommy Mullaney : Objection.
Judge Robert Fellmeth : Mr. Spitzer.
Lawyer Russell Spitzer : I'll move on, Your Honor.
[Spitzer hands a piece of paper to Campos]
Lawyer Russell Spitzer : Mr. Campos, you said you were never warned about potential health risks from using Z-chlor. This is a label from a drum, Z-chlor. As you can see, it's in Spanish. Could you please translate for the jury?
Alvaro Campos : [Reading] Do not swallow, inhale vapors, or make contact with skin and eyes.
Lawyer Russell Spitzer : So you were warned. But you ignored the warning, and, uh, used the pesticide carelessly.
Alvaro Campos : We did nothing careless. And many men cannot read.
Lawyer Russell Spitzer : But you can, Mr. Campos. And as a crew leader, weren't you obligated to make sure that everyone wore protective clothing and face masks when applying this pesticide?
Alvaro Campos : I asked the fruit company for these things. And I was told me to use my bananas across my face. And I was also told if I ask more questions, I could lose my job.
Lawyer Russell Spitzer : It sounds to me like your complaint is with the foreign company. But I guess a Honduran fruit company doesn't have the deep pocket dinero of an American chemical giant.
Tommy Mullaney : Objection.
Judge Robert Fellmeth : Sustained.
Lawyer Russell Spitzer : Withdrawn. Nothing further.