1
00:00:00,133 --> 00:00:02,533
-I had dreadlocks for nine years.
-Nine years?

2
00:00:02,600 --> 00:00:05,333
It was a spiritual battle
that was taking place.

3
00:00:05,400 --> 00:00:07,900
The Bible says it's a shame
for a man to have long hair.

4
00:00:09,367 --> 00:00:12,133
Your complaint is, "I went to the barber,

5
00:00:12,200 --> 00:00:13,900
I was cut with a razor."

6
00:00:13,967 --> 00:00:17,467
You say that you felt like
your forehead was melting.

7
00:00:17,533 --> 00:00:20,467
You didn't say to the guy,
"Whoa, I got blood. What's going on?"

8
00:00:20,533 --> 00:00:22,400
Spiritually, I was happy. I had joy.

9
00:00:22,867 --> 00:00:25,900
You can literally see that something
was going on mentally.

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00:00:25,967 --> 00:00:28,533
[narrator] Now on Tribunal Justice.

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00:00:28,600 --> 00:00:30,266
[theme music playing]

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00:00:50,066 --> 00:00:53,266
[narrator] Today's case
was filed in Oakland, California.

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00:00:54,467 --> 00:00:58,066
Your Honor, this is case number 3004
on the calendar

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00:00:58,133 --> 00:01:01,367
in the matter of Anthony versus Oneal.

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00:01:01,433 --> 00:01:03,934
Parties have been sworn in. Be seated.

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00:01:04,000 --> 00:01:05,000
[Acker] Thank you.

17
00:01:05,066 --> 00:01:06,433
-Mr. Anthony.
-Good evening.

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00:01:06,500 --> 00:01:11,500
You had been a client at the Defendant's
barber shop for about three months

19
00:01:11,567 --> 00:01:16,033
on August 1st, when you went in
to edge your hairline.

20
00:01:16,100 --> 00:01:20,066
Why don't you explain to folks
what that means, to edge one's hairline?

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00:01:20,133 --> 00:01:22,300
Your Honor,
I had dreadlocks for nine years.

22
00:01:22,367 --> 00:01:24,934
Nine years? I thought I read that.
Down to your shoulders.

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00:01:25,000 --> 00:01:28,533
Yes, ma'am. Instead of me
cutting all my hair off,

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00:01:28,600 --> 00:01:31,633
I'd look a lot better if I just
cleaned up the front area,

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00:01:31,700 --> 00:01:33,433
-lined it up.
-Clean up the edges?

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00:01:33,500 --> 00:01:36,066
-Yes.
-[Acker] And then, interestingly,

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00:01:36,133 --> 00:01:39,200
the night after you go to the Defendant,

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00:01:39,265 --> 00:01:41,166
you want to cut off the locks.

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00:01:41,233 --> 00:01:44,700
So August 2nd,
you go back to the Defendant's shop,

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00:01:44,767 --> 00:01:47,333
but he is occupied, he can't see you.

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00:01:47,400 --> 00:01:48,734
You see another barber.

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00:01:48,800 --> 00:01:54,100
You allege that that barber used equipment
that may have been infected.

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00:01:54,166 --> 00:01:58,133
You say that you ultimately felt like
your forehead was melting,

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00:01:58,200 --> 00:02:00,667
and that you were in really great pain

35
00:02:00,734 --> 00:02:03,333
after the second barber
worked on your hair.

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00:02:03,400 --> 00:02:07,000
And because that second barber
was a barber in the Defendant's shop,

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00:02:07,066 --> 00:02:10,233
you're suing the Defendant for $9,500

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00:02:10,300 --> 00:02:14,066
because you claim the second barber
used an unsanitary razor,

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00:02:14,133 --> 00:02:17,333
which caused injuries
to your forehead and hairline.

40
00:02:17,400 --> 00:02:21,700
Mr. Oneal, you say that while
you do take responsibility

41
00:02:21,767 --> 00:02:23,466
-for your client's well-being...
-Definitely.

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00:02:23,533 --> 00:02:26,433
...since they're your patrons,
you think he is overreaching,

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00:02:26,500 --> 00:02:31,767
and that suing you for $9,500 in these
circumstances is absolutely outrageous.

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00:02:31,834 --> 00:02:35,000
I mean, it is. To kind of like
sit here and witness

45
00:02:35,066 --> 00:02:37,300
that he said his forehead was melting.

46
00:02:37,367 --> 00:02:40,533
-I've never, ever seen that.
-[Acker] That's what he says it felt like.

47
00:02:40,600 --> 00:02:43,066
And we'll get to that, but on August 1st,

48
00:02:43,133 --> 00:02:45,033
tell me what you did to the Plaintiff.

49
00:02:45,100 --> 00:02:48,567
So, as you said, he came in,
he had dreadlocks on top,

50
00:02:48,633 --> 00:02:50,400
um, he came in, he wanted a taper.

51
00:02:50,466 --> 00:02:54,333
A taper is where
I will put the dreadlocks in a ponytail

52
00:02:54,400 --> 00:02:56,734
and I would ball it out,
and I would taper it.

53
00:02:56,800 --> 00:02:59,667
So similar to how mines look,
just imagine dreads on top.

54
00:02:59,734 --> 00:03:02,400
[Acker] And then, Mr. Anthony,
what happened

55
00:03:02,467 --> 00:03:04,600
that you come home and you say,
"You know what?

56
00:03:04,667 --> 00:03:07,266
My nine-year hair project is now over"?

57
00:03:07,333 --> 00:03:11,533
Your Honor, it was a spiritual battle
that was taking place the whole time

58
00:03:11,600 --> 00:03:14,567
before I even got there to the barbershop
to get the lineup.

59
00:03:14,633 --> 00:03:17,834
I just was seeking God,
reading the Bible a lot more.

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00:03:17,900 --> 00:03:20,966
In the Bible, it says it's a shame
for a man to have long hair.

61
00:03:21,033 --> 00:03:24,533
I just got revelation, and I went back
to get my locks cut off.

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00:03:24,600 --> 00:03:25,966
-[Acker] The next day?
-Correct.

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00:03:26,033 --> 00:03:29,033
So, August 2nd, you go back to the shop.
Tell me what happens,

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00:03:29,100 --> 00:03:31,333
just walk us through it, if you would.

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00:03:31,400 --> 00:03:33,000
Uh, first I got there

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00:03:33,066 --> 00:03:36,867
and I seen that Mr. Oneal was busy
and he had a lot of clients,

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00:03:36,934 --> 00:03:39,934
so he just recommended me
to go to the other barber.

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00:03:40,000 --> 00:03:41,567
What did you tell the other barber?

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00:03:41,633 --> 00:03:43,767
Uh, that I just wanted
to cut my locks off.

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00:03:43,834 --> 00:03:47,166
I didn't ask for a lineup.
I asked to get my locks cut.

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00:03:47,233 --> 00:03:51,433
Now, Mr. Oneal,
were you present during this?

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00:03:51,500 --> 00:03:55,266
Yes. I'm going to kind of piggyback
off of what he was saying.

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00:03:55,333 --> 00:03:58,567
Uh, he came in. You can literally see
that something was going on,

74
00:03:58,633 --> 00:04:02,400
like something mentally,
saying some wild things out loud.

75
00:04:02,467 --> 00:04:04,934
Stuff like, "Are you guys ready
for Jesus to come back?"

76
00:04:05,000 --> 00:04:06,166
Uh, "It's a sin."

77
00:04:06,233 --> 00:04:09,133
He was saying some things
that struck you as eccentric.

78
00:04:09,200 --> 00:04:11,533
Exactly. He was saying
everything he just said,

79
00:04:11,600 --> 00:04:14,533
as far as, you know,
"God's told me to cut my hair,"

80
00:04:14,600 --> 00:04:16,567
and I was kind of struck by that.

81
00:04:16,632 --> 00:04:19,433
Did you witness the other barber
work on him?

82
00:04:19,500 --> 00:04:21,000
I saw him give him a full haircut.

83
00:04:21,065 --> 00:04:25,367
And Mr. Anthony, when you finished
the service with the second barber,

84
00:04:25,433 --> 00:04:26,800
tell me what you said, what happened?

85
00:04:26,867 --> 00:04:31,533
Um, it was a release
of energy for me, um,

86
00:04:31,600 --> 00:04:34,433
it was nine years,
I was in a group in church

87
00:04:34,500 --> 00:04:36,433
and I just started growing my hair out.

88
00:04:36,500 --> 00:04:39,834
I knew it was wrong from the beginning.
So when he started cutting my hair,

89
00:04:39,900 --> 00:04:42,500
I felt an ultimate release,
and I let him know that.

90
00:04:42,567 --> 00:04:43,767
So you felt good about it?

91
00:04:43,834 --> 00:04:47,700
-I felt very great about it.
-Were you in any pain when you left?

92
00:04:48,166 --> 00:04:50,332
I was in pain when I left. Yes.

93
00:04:50,400 --> 00:04:55,332
As this barber was working on your edges,
did you feel any cuts?

94
00:04:55,400 --> 00:04:57,033
-Yes. Yes, Your Honor.
-Did you tell him that?

95
00:04:57,100 --> 00:05:02,133
I looked at him, and he just kept on going
as if nothing happened.

96
00:05:02,200 --> 00:05:04,700
You looked at him, but did you tell him
that you were feeling pain?

97
00:05:04,767 --> 00:05:08,066
-No.
-So after he finishes the cut,

98
00:05:08,133 --> 00:05:11,066
he puts some sort of ointment
on your hair, doesn't he?

99
00:05:11,133 --> 00:05:12,200
Uh, hair enhancement.

100
00:05:12,266 --> 00:05:16,133
Uh, is that the stuff you spray
so it looks like it's fuller than it is?

101
00:05:16,200 --> 00:05:17,332
-Correct.
-Yes.

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00:05:17,400 --> 00:05:20,166
[Acker] Can we put up Exhibit 1, please?

103
00:05:20,633 --> 00:05:23,200
This is the first haircut.
This is when I still had locks.

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00:05:23,266 --> 00:05:25,533
[Acker] These are your edges
after the first haircut.

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00:05:25,600 --> 00:05:26,867
-Correct.
-Did the Defendant

106
00:05:26,934 --> 00:05:28,500
spray the enhancement on?

107
00:05:28,567 --> 00:05:32,166
-Yes, ma'am.
-So when you returned the second day,

108
00:05:32,233 --> 00:05:35,166
was the enhancement still visible
on your hairline?

109
00:05:35,233 --> 00:05:37,500
No, Your Honor, I took a shower,

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00:05:37,567 --> 00:05:40,266
and that haircut right there,
I felt no burning at all...

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00:05:40,332 --> 00:05:44,266
No burning at all.
Can we put up Exhibit 4, please?

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00:05:44,734 --> 00:05:47,300
Mr. Anthony,
you've submitted this photograph

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00:05:47,367 --> 00:05:50,767
to represent the condition
after the second haircut.

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00:05:50,834 --> 00:05:54,400
Was that the condition of your forehead
immediately upon leaving,

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00:05:54,467 --> 00:05:57,332
or did it get irritated like that
a little bit after?

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00:05:57,400 --> 00:06:00,333
Uh, after. I took a shower
and I looked in the mirror

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00:06:00,400 --> 00:06:03,500
and I seen that I had not two cuts or one,

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00:06:03,567 --> 00:06:07,100
but I had three abrasions on my forehead
and my skin was red.

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00:06:07,166 --> 00:06:13,900
So I have a question for you. If you put
the razor to his hairline on August 1st,

120
00:06:13,967 --> 00:06:18,166
why would your barber do it again
on August 2nd?

121
00:06:18,233 --> 00:06:21,533
Because you're then now
running a razor over skin

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00:06:21,600 --> 00:06:24,633
that's already been shaven the day before.

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00:06:24,700 --> 00:06:26,300
I have to look-- By looking at this,

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00:06:26,367 --> 00:06:30,200
this doesn't exactly indicate
that the barber necessarily did that.

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00:06:30,266 --> 00:06:34,166
And the reason I say that is
even my witness that I brought,

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00:06:34,233 --> 00:06:37,667
I lined him up yesterday,
and then I lined him up again today.

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00:06:37,734 --> 00:06:41,367
I used-- I did the same method
I did yesterday, I did today.

128
00:06:41,433 --> 00:06:45,332
Like, we're both grown.
And if I knew you lined me up today

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00:06:45,400 --> 00:06:46,933
and I didn't want to be lined up tomorrow,

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00:06:47,000 --> 00:06:49,367
I would stop you in the process
of you doing it.

131
00:06:49,433 --> 00:06:51,900
So if you sit there
and you allow someone to do it,

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00:06:51,967 --> 00:06:54,233
that will indicate
that this is what you want.

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00:06:54,300 --> 00:06:57,033
When people sit down, we're going
to charge you the same price

134
00:06:57,100 --> 00:06:59,933
that it costs to cut your locks off
or get a taper--

135
00:07:00,066 --> 00:07:03,266
If you did not want him to do that,
why not say stop doing it?

136
00:07:03,333 --> 00:07:04,500
It's not a bad point.

137
00:07:04,567 --> 00:07:06,867
Your Honor, that is a good point, um,

138
00:07:06,934 --> 00:07:10,100
at the time being
when I got my locks cut off,

139
00:07:10,166 --> 00:07:13,233
I was very--
Spiritually, I was happy, I had joy

140
00:07:13,300 --> 00:07:16,667
that I'm overcoming something.

141
00:07:16,734 --> 00:07:19,533
I didn't really notice
that he was doing my edge-up

142
00:07:19,600 --> 00:07:23,332
until I felt he was doing my edge-up
with the razor.

143
00:07:23,400 --> 00:07:26,500
So you weren't really paying very close
attention is what you're saying?

144
00:07:26,567 --> 00:07:28,533
-Yes, Ma'am.
-Thank you. Judge DiMango?

145
00:07:28,600 --> 00:07:29,800
-So--
-[DiMango] No, hang on.

146
00:07:29,867 --> 00:07:32,900
Because I'm still not understanding
why anybody

147
00:07:32,967 --> 00:07:36,433
would come that far down your forehead
with anything.

148
00:07:36,500 --> 00:07:38,332
That's like in the center of his head.

149
00:07:38,400 --> 00:07:40,467
Now, there must have been
some blood, right?

150
00:07:42,200 --> 00:07:44,834
[narrator] Coming up on Tribunal Justice.

151
00:07:44,900 --> 00:07:47,000
Why is it that you didn't sue
the other barber?

152
00:07:52,100 --> 00:07:56,600
[narrator] Daniel Anthony is suing
barbershop owner Albert Oneal for $9,500.

153
00:07:56,667 --> 00:08:00,734
Anthony says a haircut with a dirty razor
gave him a bleeding head wound.

154
00:08:00,800 --> 00:08:03,667
But Albert says Daniel left the shop
without complaining,

155
00:08:03,734 --> 00:08:08,033
and Daniel's problems are inside his head,
so he owes nothing.

156
00:08:08,100 --> 00:08:09,867
There must have been some blood, right?

157
00:08:09,934 --> 00:08:13,066
-I just asked for my dreadlocks to be cut.
-[DiMango] No, there was no blood, right?

158
00:08:13,133 --> 00:08:15,900
That's what I'm-- There was no blood.
You didn't have to wipe it with--

159
00:08:15,967 --> 00:08:19,667
I'm going to tell you, I looked at this,
it looks like it's blistering a little,

160
00:08:19,734 --> 00:08:21,200
and it's red and it's lumpy.

161
00:08:21,266 --> 00:08:26,166
Kind of looks more consistent with
an irritation than a cutting with a blade.

162
00:08:26,233 --> 00:08:28,700
-I had blood, Your Honor.
-[DiMango] You said you had no blood.

163
00:08:28,767 --> 00:08:29,834
Were you bleeding in the shop?

164
00:08:29,900 --> 00:08:33,467
I was bleeding right there--
Actually, I believe I was.

165
00:08:33,533 --> 00:08:36,000
You didn't say to the guy, "Whoa,
I got blood. What's going on?"

166
00:08:36,066 --> 00:08:40,633
No, at the time it was a hair enhancement
sprayed on top of my forehead.

167
00:08:40,700 --> 00:08:43,467
[DiMango]
But that's not going to close up a wound.

168
00:08:43,533 --> 00:08:45,066
-It doesn't.
-It covers it.

169
00:08:45,133 --> 00:08:48,700
I don't know if he got infected
by the mango drip, from hair oil.

170
00:08:48,767 --> 00:08:52,633
I don't know if he got infected
from the tonic that enhances your hair.

171
00:08:52,700 --> 00:08:54,467
-I mean--
-Do you have any reason to think

172
00:08:54,533 --> 00:08:56,133
that his forehead was cut?

173
00:08:56,200 --> 00:08:59,767
I'm curious to know when did you take
this pic-- When this picture was taken.

174
00:08:59,834 --> 00:09:01,867
[DiMango] When did you take
those two photographs?

175
00:09:01,934 --> 00:09:04,166
This is the same day I had went to the ER.

176
00:09:04,233 --> 00:09:05,800
[DiMango] That was on the 10th of August?

177
00:09:05,867 --> 00:09:08,000
-I believe so--
-[DiMango] So you waited a week,

178
00:09:08,066 --> 00:09:11,800
and during that time you were
self-treating it, would that be correct?

179
00:09:11,867 --> 00:09:13,867
Uh, just Vaseline.

180
00:09:13,934 --> 00:09:17,533
Just Vaseline, so you were
putting Vaseline on this wound.

181
00:09:17,600 --> 00:09:20,500
Okay, so now
I want to go back to you a second.

182
00:09:20,567 --> 00:09:22,266
-Uh-huh.
-You own the shop.

183
00:09:22,333 --> 00:09:24,266
-Yes.
-But you don't own each station.

184
00:09:24,333 --> 00:09:26,300
Like, you rent out the station.

185
00:09:26,367 --> 00:09:28,500
-Yeah, Your Honor.
-I'm trying to figure out whether or not,

186
00:09:28,567 --> 00:09:31,767
even if this was something caused
by the fellow that cut his hair,

187
00:09:31,834 --> 00:09:34,333
whether or not
he's an independent contractor

188
00:09:34,400 --> 00:09:35,834
who might be responsible himself,

189
00:09:35,900 --> 00:09:38,266
and maybe you're just
the wrong person in this lawsuit.

190
00:09:38,333 --> 00:09:41,867
So I'd like to know what your relationship
with the person in the chair is.

191
00:09:41,934 --> 00:09:44,700
I mean, I'll just take full responsibility
because it is my shop.

192
00:09:44,767 --> 00:09:46,567
Everyone is an independent contractor,

193
00:09:46,633 --> 00:09:49,734
which means everyone has their own
insurance and things like that.

194
00:09:49,800 --> 00:09:53,100
Right, the fact that that person
behaves negligently

195
00:09:53,165 --> 00:09:56,033
may not result in your being responsible.

196
00:09:56,100 --> 00:09:58,033
You may be the wrong person for him,

197
00:09:58,100 --> 00:10:01,500
and if he can't find the person to sue,
well, that's just the way things go.

198
00:10:01,567 --> 00:10:05,200
Now, back to you.
You had this cut on the second day.

199
00:10:05,266 --> 00:10:08,133
The doctor in the emergency room
does what? What does he do?

200
00:10:08,200 --> 00:10:11,100
With, after summary--
uh, after visit summary,

201
00:10:11,166 --> 00:10:14,600
they, uh, the doctor let me know that
it was an abrasion, it was a cut from--

202
00:10:14,667 --> 00:10:17,266
-Do we have that?
-I believe you do.

203
00:10:17,333 --> 00:10:20,967
Take some Tylenol. Take some Keflex,
which is an antibiotic.

204
00:10:21,033 --> 00:10:23,900
Put some Neomycin,
which is a bacterial cream.

205
00:10:23,967 --> 00:10:28,433
You have an abrasion. An abrasion
is a scraping, an abrasion is not a cut.

206
00:10:28,500 --> 00:10:31,667
I don't see any diagnosis here
that says says you have a cut.

207
00:10:31,734 --> 00:10:33,934
So, just-- What do you do for a living?

208
00:10:34,000 --> 00:10:35,633
I work for Tesla. Manufacturing.

209
00:10:35,700 --> 00:10:37,165
-You build cars.
-Correct.

210
00:10:37,233 --> 00:10:39,500
Do you wear some kind of helmet or hat
or anything like that?

211
00:10:39,567 --> 00:10:44,066
Yes, Ma'am, a wave cap,
and I don't have an actual hard hat,

212
00:10:44,133 --> 00:10:47,767
sometimes I'll use my ski mask
to cover up what...

213
00:10:47,834 --> 00:10:51,467
Sometimes, through the course of working
you're wearing a hard hat?

214
00:10:51,533 --> 00:10:54,934
My understanding with the hard hat is that
there's a band that goes across your head.

215
00:10:55,000 --> 00:10:56,165
-Would that be correct?
-Correct.

216
00:10:56,233 --> 00:10:58,967
Now, do you use the same hard hat
all the time or do you get different ones?

217
00:10:59,033 --> 00:11:01,300
I don't use a hard hat
to work on the forklift

218
00:11:01,367 --> 00:11:04,033
-because I had got injured.
-How were you injured? What happened?

219
00:11:04,100 --> 00:11:05,800
I got hit by a forklift.

220
00:11:05,867 --> 00:11:07,600
-Where?
-On my ankle.

221
00:11:07,667 --> 00:11:10,567
I think I'm going to pass you over
to Judge Levy on that one.

222
00:11:10,633 --> 00:11:13,233
In this photograph, Mr. Anthony,
when was that taken?

223
00:11:13,300 --> 00:11:16,533
Uh, this is the same day
that I left, uh, the ER.

224
00:11:16,600 --> 00:11:18,533
-[Levy] August 10th.
-Correct, that's the medication

225
00:11:18,600 --> 00:11:20,300
-they prescribed me.
-[Albert] That's a lot.

226
00:11:20,367 --> 00:11:22,734
I mean, like even the second-- The photo.

227
00:11:22,800 --> 00:11:25,200
-Can I go show-- Can I go over? All right.
-[Levy] Sure.

228
00:11:25,266 --> 00:11:28,233
Um, so, like, say this photo,

229
00:11:28,300 --> 00:11:31,000
like this area right there,
that doesn't look like something

230
00:11:31,066 --> 00:11:32,533
that would come from an edger.

231
00:11:32,600 --> 00:11:34,834
I mean, it looks like,
like you said, he was at work

232
00:11:34,900 --> 00:11:38,433
wearing a headband or a wave cap
that you probably wear every single day.

233
00:11:38,500 --> 00:11:41,967
You can irritate yourself by putting
something on every single day

234
00:11:42,033 --> 00:11:44,934
without washing it,
especially working at Tesla.

235
00:11:45,000 --> 00:11:47,000
Yeah, sure. Mr. Anthony,
what do you have to add to that?

236
00:11:47,066 --> 00:11:50,667
The whole time
before and after the haircut,

237
00:11:50,734 --> 00:11:53,367
I was not working,
so I had no hard hat on.

238
00:11:53,433 --> 00:11:56,233
You stay out because
of the injury with the forklift?

239
00:11:56,300 --> 00:11:57,300
-Correct.
-[Levy] Okay.

240
00:11:57,367 --> 00:11:59,734
So here's really where my issue is.

241
00:11:59,800 --> 00:12:01,500
You see, when you go to the hospital

242
00:12:01,567 --> 00:12:03,834
and you tell the doctors
what you claim happened,

243
00:12:03,900 --> 00:12:06,800
what the doctors do is they
put that down in their report.

244
00:12:06,867 --> 00:12:09,467
But instead of giving us the full report,

245
00:12:09,533 --> 00:12:12,700
which was ten pages,
you only gave us one page,

246
00:12:12,767 --> 00:12:15,300
which was an after-visit summary.

247
00:12:15,367 --> 00:12:16,834
-[Daniel] Correct.
-Why?

248
00:12:16,900 --> 00:12:21,000
Uh, the rest of the pages
were just for insurance...

249
00:12:21,066 --> 00:12:25,734
Well, no, sir. In an ER report, they will
actually indicate why you are there.

250
00:12:25,800 --> 00:12:30,200
Your chief complaint is,
"I went to the barber on August 2nd,

251
00:12:30,266 --> 00:12:32,400
that I was cut with a razor,

252
00:12:32,467 --> 00:12:36,567
that I saw blood."
That's what it would say in an ER report.

253
00:12:36,633 --> 00:12:41,300
And it's super important for us to know
what it was that you told the ER staff

254
00:12:41,367 --> 00:12:44,066
at a point in time
before you had a lawsuit filed,

255
00:12:44,133 --> 00:12:46,433
before there was a motive
for you to fabricate.

256
00:12:46,500 --> 00:12:48,165
-Do you follow that?
-Yes, sir.

257
00:12:48,233 --> 00:12:50,433
So, you had the whole report

258
00:12:50,500 --> 00:12:51,834
and you just didn't give it to us

259
00:12:51,900 --> 00:12:54,834
because you say
that it didn't have anything relevant?

260
00:12:54,900 --> 00:12:56,867
-Correct.
-[Levy] Okay.

261
00:12:56,934 --> 00:12:59,200
Why is it that you didn't sue
the other barber?

262
00:13:00,667 --> 00:13:03,266
[narrator] Coming up on Tribunal Justice.

263
00:13:03,333 --> 00:13:07,367
How do you get to $9,500?
Where does that number come from?

264
00:13:12,467 --> 00:13:15,567
[narrator] Daniel Anthony says a visit
to Albert Oneal's barber shop

265
00:13:15,633 --> 00:13:19,200
caused severe skin damage
and emotional distress,

266
00:13:19,266 --> 00:13:21,834
so he's suing for $9,500,

267
00:13:21,900 --> 00:13:23,567
but Albert says he owes nothing,

268
00:13:23,633 --> 00:13:26,567
and that Anthony is just looking
for an easy payday.

269
00:13:26,633 --> 00:13:29,000
Why is it that you didn't sue
the other barber?

270
00:13:29,567 --> 00:13:32,233
Your Honor, I tried to reach out--
The other barber

271
00:13:32,300 --> 00:13:33,400
never responded.

272
00:13:33,467 --> 00:13:37,066
I'm looking at that. August 11th,
you send a text to the other barber.

273
00:13:37,133 --> 00:13:41,133
"I need your insurance information
for the claim I'm filing."

274
00:13:41,200 --> 00:13:42,467
Did you ever file that claim?

275
00:13:42,533 --> 00:13:44,033
Uh, actually, I did not.

276
00:13:44,100 --> 00:13:47,533
-How come?
-Uh, this is my first time actually

277
00:13:47,600 --> 00:13:48,900
pursuing a matter.

278
00:13:48,967 --> 00:13:50,767
Well, you were injured at work.

279
00:13:50,834 --> 00:13:52,900
You had a forklift, according to you,
run over you.

280
00:13:52,967 --> 00:13:54,533
-Correct.
-[Levy] Right? Did you file a claim

281
00:13:54,600 --> 00:13:56,300
-in that action?
-They already did.

282
00:13:56,367 --> 00:13:58,600
-So you know about how to file claims.
-[Daniel] Correct.

283
00:13:58,667 --> 00:13:59,900
So why didn't you do one here?

284
00:13:59,967 --> 00:14:03,066
The messages right here on August 2nd.

285
00:14:03,133 --> 00:14:04,900
I asked him through text message,

286
00:14:04,967 --> 00:14:08,200
"Hey, can you let your co-worker know
that his razors were dirty

287
00:14:08,266 --> 00:14:09,767
and my skin is infected from it."

288
00:14:09,834 --> 00:14:12,000
-[Levy] Okay. Yeah, yeah, stop.
-[Albert] He texted me.

289
00:14:12,066 --> 00:14:15,600
If you can prove to me
that they were dirty razors,

290
00:14:15,667 --> 00:14:17,367
that's something that's super important.

291
00:14:17,433 --> 00:14:20,700
But there is not one single
piece of evidence

292
00:14:20,767 --> 00:14:24,000
that you provided us with
to corroborate that claim.

293
00:14:24,066 --> 00:14:25,300
The doctor's summary has.

294
00:14:25,367 --> 00:14:28,367
No, that doesn't say
anything about dirty razors.

295
00:14:28,433 --> 00:14:29,667
You would agree with that?

296
00:14:29,734 --> 00:14:32,200
I have no clue about medicine.

297
00:14:32,266 --> 00:14:33,500
Thank you, I have nothing further.

298
00:14:33,567 --> 00:14:34,700
[Acker] Thank you, Judge Levy.

299
00:14:34,767 --> 00:14:37,900
I understand we have an expert witness
who's prepared to testify.

300
00:14:37,967 --> 00:14:40,934
-Dr. Singh, please.
-Yes, hi.

301
00:14:41,000 --> 00:14:44,900
Good afternoon, Dr. Singh,
you've already been sworn.

302
00:14:44,967 --> 00:14:48,867
I'm just going to recite for the record
a few of your credentials.

303
00:14:48,934 --> 00:14:52,133
You represent yourself
to be a board-certified dermatologist

304
00:14:52,200 --> 00:14:55,133
and hair restoration surgeon for 15 years.

305
00:14:55,200 --> 00:14:56,500
Yes, that's correct.

306
00:14:56,567 --> 00:15:00,667
So have you reviewed the pleadings in
this case and listened to the testimony?

307
00:15:00,734 --> 00:15:03,834
Yes, I have. I examined
the photographs very closely

308
00:15:03,900 --> 00:15:06,166
and I'm very familiar with line-ups,

309
00:15:06,233 --> 00:15:08,867
but when you use a blade on the skin,
we do it very often

310
00:15:08,934 --> 00:15:10,734
with another procedure
called derma-blading.

311
00:15:10,800 --> 00:15:14,800
And so when it's used on the skin, it's
almost like doing a mini chemical peel,

312
00:15:14,867 --> 00:15:16,800
but it lightly exfoliates the skin.

313
00:15:16,867 --> 00:15:20,066
You may continue to do that a day later,

314
00:15:20,133 --> 00:15:22,834
but another line-up with a razor blade

315
00:15:22,900 --> 00:15:26,333
can cause even further deeper exfoliation.

316
00:15:26,800 --> 00:15:29,700
And then if alcohol, for example,
is sprayed on it,

317
00:15:29,767 --> 00:15:33,900
which is slightly caustic,
it can cause that burning sensation.

318
00:15:33,967 --> 00:15:38,700
You saw in those pictures, he had redness,
and it was truly an abrasion

319
00:15:38,767 --> 00:15:40,033
several days later.

320
00:15:40,100 --> 00:15:42,200
Often, the first couple of days,

321
00:15:42,266 --> 00:15:46,133
it does not look as red,
and the skin doesn't peel immediately.

322
00:15:46,200 --> 00:15:47,767
Once the skin does break down,

323
00:15:47,834 --> 00:15:51,867
it is more likely to have
what's called secondary impetiginization

324
00:15:51,934 --> 00:15:54,834
where the skin breakdown
leads to colonization

325
00:15:54,900 --> 00:15:57,533
of staph and other microbes onto the skin.

326
00:15:57,600 --> 00:16:01,667
I don't think there's any evidence per se
that the razor was necessarily dirty.

327
00:16:01,734 --> 00:16:06,000
I just think that the skin broke down
and led to secondary infection.

328
00:16:06,066 --> 00:16:09,767
So once the skin has been broken down,

329
00:16:09,834 --> 00:16:14,867
is it then more susceptible to being
inflamed or irritated by other products?

330
00:16:14,934 --> 00:16:17,166
It could have just been alcohol,
for example,

331
00:16:17,233 --> 00:16:19,300
immediately after the second line-up.

332
00:16:19,367 --> 00:16:22,000
So it's likely that
with the skin breakdown,

333
00:16:22,066 --> 00:16:24,967
he was more sensitive to something
being applied to the skin.

334
00:16:25,033 --> 00:16:27,066
And it's not anyone's fault,
I don't believe.

335
00:16:27,133 --> 00:16:28,900
It's just that the skin was already
broken down

336
00:16:28,967 --> 00:16:30,767
and more susceptible to irritation.

337
00:16:30,834 --> 00:16:34,233
And to the the point that was made earlier
about the location,

338
00:16:34,300 --> 00:16:37,400
it being a little bit lower,
to me it makes sense

339
00:16:37,467 --> 00:16:39,500
that it would be lower on the forehead,

340
00:16:39,567 --> 00:16:42,033
and you can see it was almost
a rectangular area.

341
00:16:42,100 --> 00:16:45,567
Just because when you're doing a line-up,
you have to go on to the forehead.

342
00:16:45,633 --> 00:16:48,600
You're not going to line back here because
it would push the hairline back.

343
00:16:48,667 --> 00:16:53,266
Dr. Singh, do you have an opinion as to
whether or not doing the line-up

344
00:16:53,333 --> 00:16:57,533
two days in a row necessarily
breaches a standard of care,

345
00:16:57,600 --> 00:17:00,200
or you're like, "It works for some people,
doesn't work for other people"?

346
00:17:00,266 --> 00:17:02,600
I can't speak to whether
or not it's standard of care.

347
00:17:02,667 --> 00:17:05,400
I just believe that the skin barrier
was exfoliated

348
00:17:05,467 --> 00:17:08,599
and broken down with the first line-up,
which is completely normal.

349
00:17:08,666 --> 00:17:11,900
And then the second one just made
a deeper exfoliation.

350
00:17:11,967 --> 00:17:13,300
[Acker] Thank you for your testimony.

351
00:17:13,367 --> 00:17:14,934
I don't know if my colleagues
have questions.

352
00:17:15,000 --> 00:17:18,967
I just have a follow-up. The Plaintiff
testified he was cut and he was bleeding,

353
00:17:19,032 --> 00:17:22,266
and that's not consistent with what you
see here or what you've discussed.

354
00:17:22,333 --> 00:17:23,333
Is that true?

355
00:17:23,400 --> 00:17:26,733
Yes, I was listening very carefully
and he did mention--

356
00:17:26,800 --> 00:17:30,500
Sorry, I don't want to speak for you,
Mr. Anthony, but you did mention that,

357
00:17:30,567 --> 00:17:33,166
you know, you weren't exactly sure
what happened. You felt burning,

358
00:17:33,233 --> 00:17:34,767
and I think you were saying

359
00:17:34,834 --> 00:17:36,834
that's when you saw blood
dripping down your forehead...

360
00:17:36,900 --> 00:17:38,467
-Yeah.
-...but it was red.

361
00:17:38,533 --> 00:17:43,033
And so to me that's consistent
with a deep chemical exfoliation.

362
00:17:43,100 --> 00:17:45,867
Or physical exfoliation
maybe from the razor,

363
00:17:45,934 --> 00:17:47,567
and then alcohol applied afterwards.

364
00:17:47,633 --> 00:17:49,567
To have something burn
immediately afterwards,

365
00:17:49,633 --> 00:17:52,133
it just means that your skin
has sloughed off.

366
00:17:52,200 --> 00:17:54,100
It could have been the first couple
layers of the skin,

367
00:17:54,166 --> 00:17:58,200
so when that occurs, you can feel burning
and then when you go to deeper layers,

368
00:17:58,266 --> 00:17:59,800
then that's when you start
to see the pink.

369
00:17:59,867 --> 00:18:02,767
And it can bleed, but it's not like
blood dripping down your forehead.

370
00:18:02,834 --> 00:18:04,333
That would be more of a deeper cut.

371
00:18:04,400 --> 00:18:06,567
So I don't wanna speak for you,
Mr. Anthony,

372
00:18:06,633 --> 00:18:09,967
but based on what you were saying, I do
believe that's what you were attesting to.

373
00:18:10,033 --> 00:18:11,200
-Correct.
-[DiMango] Thank you,

374
00:18:11,266 --> 00:18:13,767
I have no further questions for you.
Thank you very much, Doctor.

375
00:18:13,834 --> 00:18:15,333
-[Levy] Thank you.
-[Acker] Thank you, Dr. Singh.

376
00:18:15,400 --> 00:18:17,700
Mr. Anthony, let me ask you
about your damages.

377
00:18:17,767 --> 00:18:20,834
-Yes, Ma'am.
-How do you get to $9,500?

378
00:18:20,900 --> 00:18:22,533
Where does that number come from?

379
00:18:24,000 --> 00:18:26,600
[narrator] Coming up on Tribunal Justice.

380
00:18:26,667 --> 00:18:29,233
It hurt to just try to wash my face,

381
00:18:29,300 --> 00:18:33,333
to see myself be a lot different.

382
00:18:38,367 --> 00:18:41,867
[narrator] Daniel Anthony says
a dirty razor used in Albert Oneal's shop

383
00:18:41,934 --> 00:18:44,333
left him with painful blisters
on his forehead.

384
00:18:44,400 --> 00:18:47,867
Now he wants $9,500
for emotional distress.

385
00:18:47,934 --> 00:18:51,600
But Albert says Daniel
was out of his mind, talking crazy,

386
00:18:51,667 --> 00:18:53,767
and now looking to make a fast buck.

387
00:18:53,834 --> 00:18:56,467
Mr. Anthony, let me ask you
about your damages.

388
00:18:56,533 --> 00:18:59,500
-Yes, ma'am.
-How do you get to $9,500?

389
00:18:59,567 --> 00:19:01,200
Where does that number come from?

390
00:19:01,266 --> 00:19:05,200
Just the pain, the suffering
that I had to endure.

391
00:19:05,266 --> 00:19:09,233
It hurt to just try to wash my face
like I usually do.

392
00:19:09,300 --> 00:19:14,600
It hurt to see myself be a lot different,

393
00:19:14,667 --> 00:19:17,700
um, as far as facial-wise goes.

394
00:19:17,767 --> 00:19:19,367
Okay, I have nothing further.

395
00:19:19,433 --> 00:19:20,800
I don't have any other questions either.

396
00:19:20,867 --> 00:19:23,066
So we're going to retire
to deliberate at this time.

397
00:19:23,133 --> 00:19:25,700
-Thank you.
-Court now stands in recess.

398
00:19:25,767 --> 00:19:27,500
Parties are excused.

399
00:19:31,166 --> 00:19:34,133
There are so many things
that could have happened

400
00:19:34,200 --> 00:19:37,066
that resulted in the abraded skin.

401
00:19:37,133 --> 00:19:39,867
There are some things that are obvious.

402
00:19:39,934 --> 00:19:43,800
You know, as I said at the outset,
if you remove a surface of skin,

403
00:19:43,867 --> 00:19:45,934
and then remove a surface again
the next day,

404
00:19:46,000 --> 00:19:47,633
it's going to be more vulnerable.

405
00:19:47,700 --> 00:19:52,967
Notably, Dr. Singh did not say that that's
necessarily, you know, inappropriate.

406
00:19:53,033 --> 00:19:56,033
It's hard for me to kind of
get my head around

407
00:19:56,100 --> 00:19:58,834
some of the Plaintiff's testimony.
You know, you're sitting on the chair,

408
00:19:58,900 --> 00:20:01,233
you're so out of it,
you're not sure what's going.

409
00:20:01,300 --> 00:20:05,233
It just makes it hard for me
to really give credence

410
00:20:05,300 --> 00:20:06,800
to the things he says he knows.

411
00:20:06,867 --> 00:20:09,100
I don't think he's being
intentionally deceptive,

412
00:20:09,166 --> 00:20:11,867
I just think that he's not sure enough

413
00:20:11,934 --> 00:20:14,433
about what happened
while he was in the chair,

414
00:20:14,500 --> 00:20:18,967
and it's also not clear to me
that his post-care protocols

415
00:20:19,033 --> 00:20:21,800
didn't also exacerbate
some of the inflammation.

416
00:20:21,867 --> 00:20:24,233
So I would be inclined to dismiss.

417
00:20:24,300 --> 00:20:26,066
Oh, I'm definitely inclined to dismiss.

418
00:20:26,133 --> 00:20:28,500
I also feel the same way.
He couldn't establish

419
00:20:28,567 --> 00:20:32,500
that the barber was the proximate cause
of the result of what he had here.

420
00:20:32,567 --> 00:20:35,900
He showered both times immediately.
He put shampoo on his hair.

421
00:20:35,967 --> 00:20:38,000
I mean, even if you have
a slight skin irritation

422
00:20:38,066 --> 00:20:39,800
that might have gone away in a day or so,

423
00:20:39,867 --> 00:20:41,433
once you start to do that to it,

424
00:20:41,500 --> 00:20:43,667
you do exacerbate the actual--

425
00:20:43,734 --> 00:20:45,400
I mean, I'm looking at this here.

426
00:20:45,467 --> 00:20:48,367
He kept saying that there was a cut.
There was no cut.

427
00:20:48,433 --> 00:20:51,700
Um, you know, to that extent,
I believe he was exaggerating.

428
00:20:51,767 --> 00:20:55,233
I would have found that the hairdresser
was in fact an independent contractor,

429
00:20:55,300 --> 00:20:59,000
and something like this would not be
something that an owner of a business

430
00:20:59,066 --> 00:21:00,266
would be responsible for.

431
00:21:00,333 --> 00:21:03,567
Absent of showing that there was
something that he did directly.

432
00:21:03,633 --> 00:21:06,700
Not providing sufficient fluid
for him to clean his tools in,

433
00:21:06,767 --> 00:21:09,767
or a container for it,
as is mentioned in the statutes.

434
00:21:09,834 --> 00:21:13,467
So I think under two theories,
I would not award the Plaintiff anything.

435
00:21:13,533 --> 00:21:16,266
[Levy] I agree with both of you,
and I would just add that

436
00:21:16,333 --> 00:21:20,033
if the Plaintiff had evidence
that there was some dirty razors,

437
00:21:20,100 --> 00:21:22,967
that was super important, not just to us.

438
00:21:23,033 --> 00:21:25,767
In his text messages,
the doctors told me that.

439
00:21:25,834 --> 00:21:29,100
He has completely failed
to hold his burden of proof,

440
00:21:29,166 --> 00:21:31,066
which was pretty lofty to begin with.

441
00:21:31,133 --> 00:21:36,033
And your question then, Tanya,
about how do you get to $9,500?

442
00:21:36,100 --> 00:21:38,166
Yeah, he's not even close.

443
00:21:38,233 --> 00:21:40,700
So I think we're unanimous
in dismissing this case.

444
00:21:40,767 --> 00:21:42,533
-Yeah.
-Very good.

445
00:21:46,333 --> 00:21:49,266
Court is back in session.
I remind parties, you're still under oath.

446
00:21:49,333 --> 00:21:50,800
-[Acker] Thank you, Byrd.
-Mm-hmm.

447
00:21:50,867 --> 00:21:54,467
Mr. Anthony. We've deliberated
and we're unanimous,

448
00:21:54,533 --> 00:21:59,033
and we have concluded that we must
dismiss your case for a few reasons.

449
00:21:59,100 --> 00:22:01,233
The primary deficiency that you alleged

450
00:22:01,300 --> 00:22:06,700
was that there was an unsanitary razor
used on your hair,

451
00:22:06,767 --> 00:22:11,033
and there's just no evidence of any lack
of care by the Defendant

452
00:22:11,100 --> 00:22:14,133
or the other barber, by the way,
who may have serviced you.

453
00:22:14,200 --> 00:22:18,734
The other issue that we had is that
there are so many intervening causes

454
00:22:18,800 --> 00:22:21,667
that could have resulted
in that inflammation,

455
00:22:21,734 --> 00:22:25,734
that it is not possible,
nor would it be legally responsible for us

456
00:22:25,800 --> 00:22:28,867
to pin all of that damage at his doorstep.

457
00:22:28,934 --> 00:22:32,934
Thirdly, your recollection of some
of the events makes it impossible

458
00:22:33,000 --> 00:22:37,333
for you really to, I think, build
the chain of causation that you need to.

459
00:22:37,400 --> 00:22:40,834
Then it becomes especially hard
for us to suggest

460
00:22:40,900 --> 00:22:44,734
that those injuries were the result
of the double abrading

461
00:22:44,800 --> 00:22:46,900
that Dr. Singh testified about,

462
00:22:46,967 --> 00:22:50,367
and you haven't made your case,
so we must dismiss it.

463
00:22:50,433 --> 00:22:52,800
Uh, Mr. Oneal, before I let you go,

464
00:22:52,867 --> 00:22:55,533
I've got a really important question.
How's Byrd's edge?

465
00:22:55,600 --> 00:22:57,800
I think he's doing it right.

466
00:22:57,867 --> 00:22:59,934
Man, I do got the liners right here,
I could hook you up.

467
00:23:00,066 --> 00:23:00,900
[all laughing]

468
00:23:00,967 --> 00:23:03,967
-I'm just saying.
-[Acker] Oh, Byrd always looks good.

469
00:23:04,033 --> 00:23:05,233
You always got it tight.

470
00:23:05,300 --> 00:23:08,200
Hey, you put that enhancement in,
sharpen it up, though.

471
00:23:08,266 --> 00:23:09,767
[all laughing]

472
00:23:09,834 --> 00:23:11,633
[Acker] We do wish you both the best.

473
00:23:11,700 --> 00:23:14,266
Sir, we must dismiss your case,
good luck to you both.

474
00:23:14,333 --> 00:23:16,166
-[gavel bangs]
-This case is now concluded.

475
00:23:16,233 --> 00:23:18,600
Parties are excused. You may step out.

476
00:23:21,567 --> 00:23:23,500
Everything happens for a reason.

477
00:23:23,567 --> 00:23:26,667
I'm happy with the judgment.
We all knew it was bogus.

478
00:23:26,734 --> 00:23:28,600
Everything has a lesson to be learned.

479
00:23:28,667 --> 00:23:29,834
I think it was about money.

480
00:23:29,900 --> 00:23:31,667
God is good. I cannot complain.

481
00:23:31,734 --> 00:23:33,633
As you can see,
something's going on with him.

482
00:23:34,100 --> 00:23:35,467
[narrator] Are you being sued?

483
00:23:35,533 --> 00:23:38,700
Let Tribunal Justice decide your case.

484
00:23:38,767 --> 00:23:43,000
Find us on social media
at Tribunal Justice.

485
00:23:43,066 --> 00:23:45,066
[theme music playing]