Breach Of Promise

Diane: Now there’s a fluky way to go. Choked to death on an apple.

Frank: How about the normal allergies? Strawberries, peanuts, that kind of thing.

Cliff: Yeah, they are both on my list of no-nos.

Courtney: Is this like those people who die from bee stings?

Cliff: Same thing, yeah. I’m going to tell whoever it is that arranges our lunches about a good lunch place that uses lots of fresh food and vegetables, if we get stuck here for much longer. Everyone like Chinese?

Some grumble. Most do.

Frank: Are you kidding? Those places load the food with msg, all kinds of weird additives.

Cliff: Not this place. Trust me. Now, let’s get back to the issues. I’ll start off the discussion with a few thoughts, and you all just jump in when you’re ready.

Diane: (low) Yeah, tell us what to think about it, Cliff.

Cliff: Oh, and let me remind everyone, let’s focus on the case. Let’s not get personal. We’ve just got to look at the facts and come to a good decision here. Maybe today!

In spite of my telling you all how I voted on the first ballot, I see my role here as your leader as impartial. I know a lot of us support Lindy’s claims. For the first time in her life, she’s going to have to go it on her own. Her lover of many years has left her. Her job is over. There’s a lot there to pity. So I really understand how so many of us have taken her side. But maybe before we throw millions of dollars her way, we should be sure we know who she is and why she is suing Mike Markov.

Here we have, in my view, a very competent woman, very on the ball. She’s not going to lie down in a ditch and start living out of shopping carts. She’s got rich friends, a well-established network. So it’s not like we’re going to leave the woman destitute if we decide her claim is not legitimate.

Also, while she’s suing this guy, she defends him at every turn. Why? She still loves him. Now, here’s another way to think about that. Isn’t it possible this lawsuit is not really about money, it’s about revenge?

Frank: Pretty likely. We’re all victims to the whims of our emotions. She’s mad and she’s getting even.

Cliff: Also, there’s her testimony. Let’s look at that. How did you all feel about that? We’ve been told that an oral contract is as good as a written one. Was she telling the truth when she said they agreed to share everything?

Bob: She lies through her teeth. She lies like a rug.

Frank: As my first wife would say, she lies like a bandit. That suits the occasion.

Cliff: You say she lied. How? Ladies? Pardon me, Diane. Anyone else agree?

Maribel: Well, I think she fibbed when she said she wanted to be married to Mike Markov all along. She never even checked to see if her divorce was final. That’s pretty basic.

Grace: She may have twisted the truth a little when she said she thought he would marry her. He never said he would. She knew what the deal was going in, and she accepted his terms because she had no choice.

Kevin: She lied about the property agreement. Said he promised to marry her then. I don’t buy that. Here was a guy who had a bitter divorce that ruined him once. By God, he was not getting into that situation again. She lied about her divorce.

Bob: She lied to get the money, that’s what it comes down to.

Cliff: She went for the money.

Kevin: That’s obvious. As long as Lindy lived with Mike Markov, she lived the high life. She’s lost her man but she’s damned if she’ll lose all the good things she’s used to.

Maribel: Hey, you can’t blame her for trying.

Bob: But she knew the score going in. Even you’ve got to see that, Diane, unless you think she’s a total idiot.

Diane: Much as it gripes me, I have to admit to a sneaky suspicion she knew goddamned good and well he would never marry her. The minute he showed up with that paper, she should have said “Bye-bye, you stingy cheapskate.”

Grace: But she never expected this! She never expected him to dump her for a younger woman!

Maribel: Then she is a total idiot.

Grace: What I mean is, she really didn’t see things the same as him. You know what I mean? When he said they were in it together, for life, she believed him. He just said it to get what he wanted out of her, but she never saw that.

Ignacio: He made promises, I believe that.

Cliff: But is a promise the same thing as a legal contract?

Bob: Bingo. It’s not.

Mrs. Lim: I think we all take being on a jury very seriously. We want to do the right thing. The real problem is, our quest is so abstract. Put a dollar figure on all the promises someone has made you. That’s hard to do.

Diane: This system is really fucked. This woman has a right to something from him, but what she really deserves is his loyalty and his love and nothing we do is going to give her that.

Kevin: You sound like that sassy, sly little thing, her lawyer. The next thing you’ll say is, the money is meaningless. Therefore, let’s toss a few mil her way.

Diane: Not at all. But let’s put this in perspective. He’s got dough to blow, and he owes her.

Kevin: That kind of thinking really steams me. Just because there’s plenty, she should get some? That’s so specious. Why, that makes us no better than a common mugger on the street.

Bob: Our job is to put a stop to these crazy claims the system is doling out. I’m not go

Diane: Here’s something else everyone should consider. Those lawyers presenting the case. They are the hired help. They will say anything they can get away with to get you to believe them.

Discussion follows about the lawyers being in it for the money.

Wright: Let’s move back to the issues. Anyone?

Frank: Back to the ersatz marriage in the church. Remember, at that point they had barely met. They were heavy into the courtship phase. So he got down on bended knee with her. Like kids, they played at getting married. He was wooing her.

Ignacio: Yes, but why do it? Why make this kind of spiritual promise at all?

Frank: That’s simple. He did it to get her into his bed. Actions speak louder than words, you know. Let’s get this through our thick skulls. He never married her. End of discussion.

Cliff: So we’re agreed she’s a liar, and…

Mrs. Lim: You know, that’s awfully harsh, calling her that. And I wonder if it isn’t a deliberate attempt to make us forget the evidence in this case, using inflammatory words that make us dislike her.

Cliff: I apologize for using the word if it offends. And flattered you imply I’m such a master manipulator I can make anybody do anything. But point taken. We’ll watch how we characterize the plaintiff…

Diane: (very quietly) Cliffy, I think you know a whole lot about manipulating people, don’t you?

Kevin: I don’t recall any evidence in her favor. What I remember were the four points of evidence his attorney made. They weren’t married. She was employed by the company. All the paperwork supports his claim that he’s sole owner of the business. And she agreed in writing to keep their property separate.

Courtney: He wanted a wife but I think he was afraid of the responsibility.

For a few moments, there’s silence.

Cliff: You’re awfully quiet over there. So

So

They vote again. It’s seven to five in favor of Lindy Markov. Movement, as the chairs are pushed back. Sounds of people milling around.

Diane: You did it, didn’t you? Changed your vote.

Maribel: Diane, have a heart. I don’t have any sponsors. I have a job. And seven bucks a day for jury duty is not going to keep me in panty hose.

Diane: Your employer should pay you for the days you miss.