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TRANSCRIPT:
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Scene: Todd Dougherty's house
Kenny Traeger stares blankly at a toy top spinning on the coffee table in front of him, while a fight is occurring—off camera—between his mother, Kirsten, and her boyfriend, Todd Dougherty.
Todd: What were you doing?!
Kirsten: None of your business!
Todd: What the hell were you doin'?!
Kirsten: Don't you touch me!
Todd: If you're gonna live in this house, you can never, never do that again! (Glass breaks) Damn it! Damn it! (Kirsten screams)
Outside—Kirsten struggles to get Kenny to the car, half carrying him.
Kirsten: Kenny. (Opens the rear passenger car door and shoves him in) Get in there! Get in!
Scene: Route 51 near Mt. Aire
Nick's left hand rests on his leg—Lulu covers his hand with hers and squeezes. Nick looks at their hands and then smiles at her. She smiles back.
Lulu: I'm kinda nervous about this… but I'm gonna tell you. I got us a place to go after the wedding.
Nick: You got a place?
Lulu: Yeah, a place to go… after the wedding. (It dawns on Nick what she means—he smiles broadly)
Scene: Connell Road near Mt. Aire
Kirsten: Kenny! Kenny! Sit down! (Kenny has not been buckled into his car seat and is trying to get to a toy top on the dashboard)
Scene: Route 51 near Mt. Aire
Lulu: And it's not like me. Usually, I just leave these things up to fate.
Nick: Or to someone else.
Lulu: No, up to fate. But this time… it's up to me.
Scene: Connell Road near Mt. Aire
Kirsten: Kenny, sit down! Sit! Don't move! (Takes her eyes off the road and plows into Lulu's VW Passat, broadside)
Scene: Church—Bride's dressing room
Barbara: Oooh! (Doubles over in pain, holding her stomach—she slowly sits down at the dressing table)
Alvin: (Appears in the doorway) Barbara?
Barbara: Yeah?
Alvin: You okay?
Barbara: Yeah. It's a cramp. Nerves. (Weak laugh)
Church altar where Evan waits with the pastor. A man whispers in Evan's ear.
Evan: (To the pastor) I'm sorry, would you excuse me? There's been an accident. I'll be right back.
Scene: Intersection of Route 51 and Connell Road
Nick awakens and looks over at Lulu.
Nick: Lulu. Lulu. Hey.
He looks out the window and sees Kenny standing beside the Chevrolet Suburban, staring at him. Blood streams down the right side of Nick's head—glass cuts on the left side of his face.
Scene: Small hospital in Mt. Aire
Lulu is wheeled into the hospital—Evan relates the in-transit statistic to the doctor. Nick holds onto the gurney with his left hand while the other presses a compress against the right side of his head.
Evan: Collision-side driver, female, early 30s.
Doctor: Vitals?
Evan: Pulse is 105. BP's 100 over 70. Respiratory's at 21. Blunt trauma, left parietal.
Doctor: CGS?
Evan: Higher. We gave her a 9 to 10 in the truck but she's not responsive now.
Doctor: All right. Look folks, thanks a lot. We're gonna take it from here, okay?
Nurse: Easy. (They maneuver the gurney through swinging doors)
Evan and Nick stop while they wheel Lulu away.
Evan: That's the third accident at that intersection in the last 6 months. How's your hand?
Nick: (looks at his left hand, which is bleeding) Oh…
Evan: All right. I'm gonna go and get you a doctor. I'll be back.
Hospital corridor—Nurse talks with Kenny, crouched in a corner.
Nurse: Honey, where's your mother? Sweetheart, can you tell me your name? Are you all right? Come on with me, honey, we'll try to find your mother.
Nick makes eye contact with the boy and their gazes lock.
Scene: Hospital waiting area
Burton: How's your hand feel?
Nick: It's fine.
Burton: (Picks up a prescription bottle and reads the label) You gonna take this stuff?
Nick: (Exhales) No, it's probably not a great idea.
Burton: Oh, I'm gonna see if I can find a coffee. You want one?
Nick: No thanks.
Burton leaves. Doctor walks up to Nick—he stands.
Dr. Berman: She has a serious injury to her brain. We've given her medication so it should help reduce the swelling.
Nick: If it doesn't work?
Dr. Berman: Well, then we'll have to put in a shunt.
Nick: A shunt?
Dr. Berman: A shunt. It's to drain the fluids. They're usually very effective. I'll keep you posted. (Walks away)
Nick sits down and bows his head—considering the gravity of the situation. He puts his hand to his head. He looks up when he hears someone approach.
Brian: Hey, Nick?
Nick: (Nervously) Brian. Did you see the doctor?
Brian: Yeah. Yeah, I just talked to one of the doctors. (Sighs) So, listen, you should, you should just go… go home. I got it from here.
Caroline runs up to them.
Caroline: Where is she? Where is she?
Brian: Caroline.
Caroline: Oh, God! I was at the health club when the police called me. Oh, God! What…?
Brian: She's in a coma right now. And her brain is swelling. But, they're giving her Mannitol which should reduce the inflammation. If it doesn't, then they'll have to put in a shunt. Now, I've called Jonah Horowitz, the head of neurosurgery at Shadyside, and he's gonna take over her care.
Caroline: You know him?
Brian: Yes. I worked with him when I was a resident. He is one of the best neurosurgeons on the East Coast.
Caroline: Ooh. Oh, thank God you're here.
Brian: It's gonna be okay. It's fine. Don't worry.
Scene: Fallin & Fallin—another day
Nick walks through the lobby on his way to his office, passing the conference room where a meeting is going on between Burton, John Clayton and the union representative Stan Milner.
Milner: I know we have to take a cut and none of us wanna see the mill close, but I need some help convincing them and we'll need some more equity.
Nick stops briefly by the open door and listens.
Burton: Well, how much you thinking about?
Milner: You want an 11 percent pay cut. We want you to make that up in stock. It should be about 20 percent of the company over the next 5 years.
Clayton: No. That would give you 50 percent ownership.
Milner: That's what the workers want.
Burton: Well, I think what John's objecting to is losing majority ownership, right?
Milner: 10 percent pay cut—49 percent ownership stake.
Clayton: (Nods) Draft an agreement along those lines.
Milner: Meeting's at 12:00. We'll hear what the workers have to say.
Burton: We'll be there. (Stands and shakes hands) Good to see you, Stan. (Milner exits)
Clayton: They're not gonna go for this.
Burton: (Sighs) Well, we just have to sell the opportunity.
Scene: Fallin & Fallin—Nick's office
Jake knocks.
Nick: Yeah?
Jake: (Enters) Hey. Any word out on Lulu? (Nick just looks at him) How's your hand? (Raises his left hand—revealing a blood-stained bandage) (Sighs) Ah, you should let me do that. You should go home or… or… back to the hospital. I already talked to your dad about covering you.
Nick: Okay. (Hands him a form)
Jake: What's this?
Nick: Freedom of Information request to Penn DOT.
Jake: What do you want from the Department of Transportation?
Nick: Crash-site statistics. The intersection of Route 51 and Connell Road. (Gathers his things to leave)
Jake: You gonna sue Mt. Aire? (Nick exits without an answer)
Scene: Hospital in Mt. Aire
Barbara sits in a waiting area—Evan walks up.
Evan: Hey. (Barbara smiles) How is she? (She shrugs) You know, I was thinking, we should just go to the District Justice and get married privately. Whadaya think?
Barbara: (Smiles and pats his leg) Thanks.
Evan: For what?
Nick walks by and speaks.
Nick: Hey, Barbara. Evan.
Barbara: Hey, Nick.
Evan: Hey.
Nick approaches a nurses' station—overhears Brian and Caroline talking in Lulu's room, across from the nurses' station. He sits down just outside the door and listens.
Brian: He's the best neurosurgeon in the city.
Caroline: I don't care.
Brian: Caroline… okay. The drugs aren't working. The shunt's been in for 8 hours and the pressure hasn't been relieved.
Caroline: But Dr. Berman says the pressure is leveling off.
Brian: But it's not going down.
Caroline: But it's leveling.
Brian: Caroline, a craniotomy is probably the only option that we have.
Caroline: (Sighs) Oh, God. She could get a brain infection and not come out of the anesthetic.
Brian: We can't keep waiting for medication to work, okay? The longer the pressure stays at this level, the greater the risk of brain damage.
Caroline: But, Dr. Berman…
Brian: You're trusting the word of a trauma specialist at a small hospital over the opinion of a world-class surgeon.
Caroline: You know, you shouldn't even be part of this decision.
Brian: She's my wife.
Caroline: No. She 'was' your wife.
Brian: Yeah. (Exits the room leaving Caroline behind)
Brian encounters Nick right outside the room.
Nick: Hey, Brian.
Brian: Hey, Nick. (Awkward moment) How's your hand?
Nick: (Raises his injured hand slightly) Uh, it's… (Nervously smoothes his tie)
Brian: You going in there?
Nick: No. I… I haven't been allowed. I haven't seen her since the accident.
Brian: Yeah. Excuse me, I'm just gonna… (Walks away)
Nick hears Caroline sobbing in the room—sticks his head in.
Nick: If there's anything I can do… (Caroline continues to sob but does not respond—Nick is at a loss)
Scene: Hospital in Mt. Aire—Oncology Care Unit—Red Puskaric's room
Burton: Hey, Red.
Red: Burton.
Burton: How ya doin'? (Red extends his hand and they shake) Good to see ya. Oh, I brought you some glazed donuts.
Red: Thanks.
Burton: Yeah.
Red: So the guys from the mill came by today—Milt and Sal.
Burton: Oh?
Red: Told me about some of the horse-crap you were peddlin' down at the VFW today.
Burton: Horse-crap? Chuckles)
Red: They said you'd get about 1 percent of the vote, if you were lucky.
Burton: They do?
Red: So Clayton's serious this time?
Burton: Yeah, looks like it.
Red: Interests me, really, you being his lawyer. What is he, 23?
Burton: He's in his 30s.
Red: His parents look like each other, you know… redheads. Bible says siblings shouldn't marry.
Burton: Well, that's true. (Chuckles) No, the mill's gonna close this time, Red. Clayton just doesn't have the money to keep it open. Sal and Milt think he's lying. I think they're pushing the boys in the wrong direction.
Red: People have spent the last 30 years around here, losing ground, being forgotten. While you were downtown making all that money we were living through recessions that never quite ended. Plant closings. Friends leaving. None of us wanted our kids to stay here in Mt. Aire. Most of us couldn't even help 'em to get outta here.
Burton: No, I remember what it was like.
Red: Most of us aren't looking back at it; we're living it here everyday. Men are done begging for their jobs. They've begged enough.
Burton: But what they don't understand is they're owners now. Gotta start thinking like owners.
Red: D'you think when you came back here last year, you changed lives? None of us thought for a moment we'd ever see a return from Clayton. We just needed our jobs. Still do. But at a certain point a job doesn't pay enough to fight for it.
Scene: Obstetrics and Gynecology Clinic
Nurse: Ms. Ludzinski? We're ready for you. (Slowly stands to follow the nurse—appears worried)
Scene: Legal Services of Pittsburgh—Nick's office
Alvin: Nick?
Nick: Yeah? (Doesn't look up)
Alvin: You heading back to Mt. Aire to see Lulu?
Nick: Soon.
Alvin: A case just came in. This kid—Kenny Traeger… shelter hearing. I need you to take him to his home to get some clothes.
Nick: Can't you do it? Or Social Services?
Alvin: The social worker will meet you in Mt. Aire, wherever you want.
Nick: You know, I don't really have time. (Alvin turns and walks out)
Bullpen
Alvin: (To social worker) Well, I'll drive him up in an hour. He can stay here. We've got plenty of toys in the corner.
As Nick is heading toward the elevator he overhears Alvin and turns to see the kid from the accident, staring off into space. Nick focuses in on the boy's blank stare.
Nick: I'll take him. (Alvin smiles and walks away) (To the social worker) You the social worker?
Sofia Trokey: Yeah. Sofia Trokey.
Nick: Where's his father?
Sofia: Died years ago. Mother's barely alive—car accident.
Nick: Any other family members?
Sofia: No.
Nick: (To Kenny) Hey. D'you remember me?
Sofia: He doesn't talk.
Nick: Where're you keeping him?
Sofia: Southwestern Psych—Children's Ward.
Nick: Mental hospital?
Sofia: We're not sure what's wrong with him. (Nick looks again at the boy still blankly staring at nothing) Here's his address.
Sofia hands him a piece of paper—Nick makes eye contact with the boy.
Scene: Kenny Traeger's residence
Nick lets himself in the house with a key—Kenny runs to the sofa and immediately starts spinning a top on the coffee table.
Nick: Let's put the TV on. (Turns it on—observes for a second) Yeah. That's good clean fun. (Grabs an empty box and walks to the coffee table where he stoops to the boy's level) Uh, Kenny, I'm gonna get you some clothes. Is there anything in particular you want? Kenny?! Nope? Okay.
Heads to the bedroom to fill the box—while Kenny watches the toy top spin. Nick returns to the living room with the box filled with clothes.
Nick: Okay, Kenny. Here's that. (Sets the box down) D'you wanna grab some toys or…
Nick looks around—noticing the answering machine which shows 5 messages. He sidles up to the machine and punches the button to hear the messages.
Answering Machine voice: You have 5 messages.
Message one: It's Todd. I'm sorry. I'm so sorry. Please, don't let this change anything, please. Call me back.
Message two: I was wrong, really wrong, Kirsten. Kenny's your kid. Are you there? Come on back. Kenny's room is all set up. Come on back. We're a family, we're supposed to be a family. If you're listening…? I know you're listening. I'm not good at this but I love you. I love you so much. Please, come back with Kenny. Are you there?
The phone rings and Nick waits for the answering machine to pick up…
Todd: (To machine) It's Todd.
Nick: (Grabs the phone) Todd?
Scene: Hospital in Mt. Aire—waiting area
Nick and Todd sit in the waiting area while Kenny watches his top spin. Todd has a metal splint and bandage on his left hand.
Nick: It happened at the intersection of Route 51 and Connell Road.
Todd: And Kirsten?
Nick: I'll let the doctor talk to you about that. Todd, Social Services wants to place Kenny in a psychiatric hospital.
Todd: What?
Nick: Unless you want to take him in?
Todd: He's autistic.
Nick: You think he should be locked in a psych ward for the rest of his life?
Todd: (Looks at Kenny—watching his top spin) I'll need a lot of help to do this.
Nick: If Social Services approves the placement.
Todd: What do you mean?
Nick: They're gonna want to do a home study. Check to see if you have a criminal record. Do you?
Todd: Nah, I don't.
Nick: If they approve and the judge agrees then the County will pay you as a foster parent.
Todd: I don't know. I mean, I don't have a lot of money. I work two jobs already. I still can't make ends meet.
Nick: If you take Kenny in, you can cover his expenses by filing a lawsuit.
Todd: A lawsuit?
Nick: I don't believe that the accident was Kirsten's fault.
Todd: Well, who would I sue?
Nick: Begin with Mt. Aire. There should have been a stop sign at that intersection.
Todd: How much could Kenny get?
Nick: Given the situation, I think a jury would be very generous. Kenny's social worker's name is Sofia. She's gonna be here in a few minutes to pick him up.
Todd: I'll wait here with him. (Nick leaves)
Hospital corridor—Nick encounters Barbara—sitting and waiting.
Nick: Is Lulu alone?
Barbara: They're changing her bandages. (Nick sits beside her) I'm so sorry, Nick. Just so sorry.
Nick: (Barbara starts to cry) You okay?
Barbara: Damn it. I'm just… Oh, Nick… I lost the baby.
Nick: (Reaches out to her) Hey. I'm sorry.
Barbara: We made an appointment for the District Justice on Wednesday.
Nick: Right.
Barbara: Evan wants a family so badly. When he finds out I'm not pregnant…
Nick: You haven't told him yet?
Barbara: No. He's gonna… No.
Caroline walks up.
Caroline: Oh, Nick. Nick, I need to speak with you, privately.
They go to a nearby stairwell.
Caroline: That Dr. Horowitz wants to remove part of Lulu's skull. He says it'll prevent the swelling from damaging her brain and Brian has okayed it.
Nick: When's it scheduled?
Caroline: They're supposed to do it tomorrow morning.
Nick: And you don't wanna do it?
Caroline: Well, I certainly don't want Brian Olsen making medical decisions for my daughter.
Nick: He's still her husband on paper.
Caroline: I will not be rushed into doing something that I will regret later.
Nick: Did you communicate that to Brian?
Caroline: I can challenge him, can't I? His standing? I can take him to court?
Nick: Well, if you really wanna do that. I would think about it before you got a lawyer involved.
Caroline: She doesn't love him anymore.
Nick: Just think about it.
Scene: Fallin & Fallin—Nick's office—after hours
Burton passes Nick's office as he leaves for the day.
Burton: Hey. Didn't know you were still here.
Nick: Yeah. Got some stuff to do.
Burton: So how's Lulu?
Nick: No change.
Burton: Oh, I'm sorry. Well, the workers voted today.
Nick: And?
Burton: Rejected the offer.
Nick: What's Clayton gonna do?
Burton: Liquidate. It's bad news all the way around. The workers, retirees. I keep thinking about Red's son. That's a shame. He'll never be able to get that children's center to work now.
Nick: Well, you're still gonna take your money out?
Burton: I don't have any choice. Well, I'll see ya tomorrow. Don't stay too late.
Jake enters Nick's office as Burton leaves.
Jake: Hi. I want to tell you I spoke to the Department of Transportation. There's a Federal statute that protects Pennsylvania from releasing any traffic studies or crash statistics.
Nick: What?
Jake: Yeah. So you're gonna have to get the data from somewhere other than the State.
Scene: The Incline
Nick enters and finds Todd seated at the bar.
Evan: Nick. How are ya? (They shake hands)
Nick: Thanks for meeting me.
Evan: No problem. (Nick takes a seat) You want a beer or something? (Nick shakes his head) So, I told Barbara the truth—about my other wife—about Kuwait.
Nick: Good.
Evan: Yeah. She lost the baby. (Nick squirms) Yeah, doctor doesn't know if she's gonna be able to have another. You've never been married, right?
Nick: No. (Shakes his head)
Evan: No kids? (Nick shakes his head) Yeah, I always wanted a family. Always thought I'd be a good dad. (Clears throat) Let me ask you something. If you were me…? If you wanna have a family, meet a nice lady, she wants the same thing but she tells you she might not be able to… Whadaya do? Told Barbara I was gonna meet her at the District Justice on Wednesday afternoon. I just… (Sighs) I don't know. So, what do you wanna talk about?
Nick: The, uh… accident.
Evan: What about it?
Nick: Well, you mentioned to me that you'd been called to that intersection three times in the last six months.
Evan: Right.
Nick: Does your EMT dispatch keep a record of accident sites?
Evan: Yeah, every time we go out. Why?
Nick: Could you do me a favor?
Evan: Sure.
Nick: Could you find out how many times you've been called to that intersection, the past five years?
Todd: Yeah. No problem.
Nick: Thank you.
Scene: Hospital corridor
Nick rushes down the corridor as Kirsten's body is wheeled away.
Todd: Kirsten died 20 minutes ago. He doesn't understand. (Referring to Kenny)
Nick: I'm sorry.
Todd: Yeah, well…
Nick: I'm sorry.
Todd: (Sniffles) The social worker's coming out to my house in the morning. Anything I should know about that?
Nick: She's gonna check to see if you have a clean house, a bed for Kenny. Just ask you some questions.
Todd: And, if we wanna sue?
Nick: First, you need to become Kenny's guardian.
Todd: Right.
Nick: Then you need to hire a lawyer.
Todd: What about you?
Nick: There are conflicts.
Todd: Whadaya mean?
Nick: I was in the other car.
Todd: I don't get it. I mean, why would you wanna help us… your friend got hurt like she did?
Nick: I told you it wasn't Kirsten's fault.
Todd: That woman in the accident… is she your girlfriend? (Nick looks away) We got a lot in common. (Looks at Kenny) A lot in common.
Scene: Fallin & Fallin—conference room
Nick: This is a conflict waiver signed by Mr. Dougherty allowing me to represent him. Just so you know, I was in this accident. There've been 13 accidents at the intersection of Route 51 and Connell Road in the past five years. It is our position that if that intersection had had a stop sign those accidents wouldn't have happened.
Mr. Ryder: (Mt. Aire's Counsel) We received your notice of claim, Mr. Fallin. We know what your allegations are.
Nick: My client is autistic. We have estimated his lifetime support needs to be in excess of 11 million dollars.
Mr. Ryder: Mt. Aire is a small township on the verge of bankruptcy.
Nick: I think the insurance carrier can pay for it.
Mr. Ryder: Give me a few days to look over your claim.
Nick: Great. (Ryder exits)
Todd: That lady from Social Services, Sofia, she came by the house this morning.
Nick: Okay.
Todd: She seemed concerned about my being able to take care of Kenny.
Nick: Well, that's just her job.
Todd: I told her, you know, he was supposed to be living with me before the accident. And she kept saying how Kirsten was used to taking care of kids like Kenny.
Nick: Do you wanna do this?
Todd: Yeah, it's just… she kinda freaked me out. You really think this lawsuit's gonna work?
Nick: Yes.
Todd: 'Cause it'd help, you know? I mean, I could pay people, you know, to help and stuff.
Nick: Well, the shelter hearing's in 2 hours. I'll meet you at the courthouse.
Nick exits the conference room and Burton calls out to him—then falls in step with him.
Burton: Nicholas. Nicholas. Are you suing Mt. Aire over this accident?
Nick: There should've been a stop sign.
Burton: You think we're the right firm for it?
Nick: Why not?
Burton: (They stop walking and face-off) Why don't we just give it to Ron Lampeer over at Sutter & Feldman. They'll give us 50 percent and we won't look conflicted.
Nick: Who cares what we look like? We're not conflicted. I have a conflict waiver and I'm not bringing a claim against anyone for my injuries.
Burton: What about Lulu?
Nick: Well, she can decide what she wants to do when she recovers. Is this about Mt. Aire?
Burton: Yeah. They just lost the mill and now we look like we're involved in bankrupting the township.
Nick: What difference does it make if Sutter-Feldman does this instead of us? It's gonna happen either way. (Burton ponders this—Nick walks away)
Scene: Hospital corridor
Nick walks up to Brian.
Nick: She's in surgery?
Brian: No.
Nick: What?
Brian: Not yet. Caroline told the hospital she disagreed with my decision and hired a lawyer to fight me.
Nick: Where is she?
Brian: She went to get coffee.
Nick finds her at the coffee machines.
Nick: What do you wanna bring a lawyer into this for? By the time he gets an injunction and drags Brian through the courtroom…
Caroline: You on Brian's side?
Nick: The Mannitol isn't working. The shunt isn't working.
Caroline: (Clipped and terse) What makes you think you even have the right to discuss this with me? (Nick withdraws several feet then looks back at Caroline)
She begins to cry.
Caroline: She's such a smart girl. She's so beautiful. She's so strong. (Nick walks back to her) Who is going to love her after I die? If she's unable to speak, if she's unable to walk and I'm not there for her anymore, who is gonna love her then?
Nick: You know, every day that passes she's another day closer to spending the rest of her life in a coma.
Caroline: I know how you feel about her, Nick, believe me. I can see that. And if it were your choice, I know just what you would do. And if she died during the operation, well… you could walk away with all of your life before you knowing that you did everything you could for her. It's different for a mother. I would rather see Lulu peaceful and alive than… (Pause) D'you understand me?
Nick: Yeah.
Scene: Fallin & Fallin—Burton's office
Burton walks into his office, followed by Evan. Hangs up his coat and hat.
Burton: Come in. Have a seat, Evan. I'm glad you came by. You know, Clayton is liquidating, which means there's no way that they're gonna have enough money to match your funds.
Evan: Yeah, I anticipated that and I have a back-up plan. There's this not-for-profit in Harrisburg—the Clymer Foundation. They're apparently interested in urban redevelopment so, I'm gonna go have a meeting with them tomorrow.
Burton: Well, truth is I've been giving this a lot of thought and I don't see any future in Mt. Aire.
Evan: What?
Burton: The mill closes, the few families that are there now are gonna leave. Monessen, Donora, Homestead. I've seen it happen again and again and again.
Evan: People are still gonna live in Mt. Aire.
Burton: Are you? Guys your age gonna live there? Evan, you're a smart guy. If I were you I'd get the hell out.
Evan: Well, I don't wanna leave.
Burton: Well, I tell you what I can do, Evan. I can help you. I can find you an appropriate job if you want. Might even consider investing in one of your future projects, but not a children's center in a town with no kids.
Evan: Look, you pledged that money.
Burton: Yeah, I did, and I'm afraid I'm gonna have to ask you to give it back.
Evan: Give it back? It's already been committed. Yesterday, I signed a contract to buy 3 store fronts on Main Street. It's perfect for the children's center. The earnest money alone was 40 grand.
Burton: (Sighs) Awright, give me back 60 thousand and we'll just write off the rest as a mistake.
Evan: Oh, come on. What's a 100 thousand dollars to you?
Burton: (Chuckles) It's a lot of money, son.
Evan: You know what my father said, when you returned last year for the reorganization? He said you were trying to buy their forgiveness.
Burton: It's not true.
Evan: Oh, yeah? Then prove it to me that he's wrong, and help me make this work. (Burton sighs)
Scene: Courtroom
Alvin: Kenny Traeger's an orphan. The only father figure he has known over the past few years is Todd Dougherty. Kenny's mother and Mr. Dougherty were romantically involved and as of last week they were planning to live together. Now I know that Social Services has evaluated Todd. And although Ms. Trokey has voiced some concerns about placing Kenny with him, I feel that Todd is a far better alternative than a psychiatric hospital.
Immediately outside courtroom.
Alvin: So, you're his guardian now. You'll be responsible for every aspect of his care. Good luck. (Alvin walks away)
Sofia: You have my number at work. Your foster care checks won't start coming in for a couple of weeks. Here is the address of a respite care center for Kenny if you ever get tired.
Todd: Okay.
Sofia: See ya soon. (Walks off)
Todd: (To Nick) So, I just take him home now?
Nick: I'll see you in my office tomorrow for the meeting with Mt. Aire's counsel.
Nick walks off leaving Todd and Kenny alone in the corridor.
Scene: Legal Services of Pittsburgh
Evan walks in and over to Barbara's desk.
Barbara: Hey. How'd it go?
Evan: Good. Good. Uh, Burton is completely understanding.
Barbara: I told you. The Fallins are just softies.
Evan: So, listen, I have to go to Harrisburg to meet the guys from Clymer.
Barbara: Well, can't it wait until this weekend?
Evan: Well, now, the thing is is that, uhm… I told them about the plant closing and they seem really interested. I feel like if I hesitate that I might lose 'em.
Barbara: Oh, when are you leaving?
Evan: Now.
Barbara: Should we change the appointment with the District Justice?
Evan: Uh, well, it's not 'til 4:30. So, I should be back around 2:00. Okay?
Barbara: Okay.
Evan: Okay.
Barbara: Okay.
Evan: I'll see you. (Kisses her then leaves)
Barbara: Love you.
Evan: (Over his shoulder) Love you, too.
Scene: Hospital waiting area—12:03 AM
Brian and Caroline are waiting—silently, thumbing through magazines—when Nick walks up.
Brian: (To Nick) Hi, she's still in there.
Nick takes a seat, pulls out his note pad and begins to work.
Later—Time 5:02 AM. Nick looks through a magazine then goes to put it on the table.
Brian: Hey, can I have the magazine? (Nick hands it to him then stands up and begins to pace)
Caroline: Could you not pace. Anybody want some coffee?
Brian: Yeah, I do.
Nick: I'll get it.
Brian: I'll get it.
Nick: I'll get it.
Brian: I got it. (Reaches into his bag for his wallet as Dr. Horowitz walks up)
Dr. Horowitz: (To Caroline) It went very well. The intra-cranial pressure's been relieved. She's still unconscious but her vitals are good. So, we'll keep monitoring her. She's a very strong woman.
Caroline: Can I see her?
Dr. Horowitz: Well, you can look at her but you can't go inside the recovery room.
Caroline walks away with the doctor.
Nick: You still want that coffee?
Brian: (Reaches for his jacket) No, I'm gonna go back to Columbus. When Lulu wakes up will you, uh… just tell her I was here?
Nick: Sure.
Brian: See ya. (They shake hands)
Nick: See ya, Brian.
Scene: Fallin & Fallin—conference room
Mr. Ryder: This is John Peelor. He's a safety engineer who reconstructs accidents. He'll be the expert on this case. Mr. Peelor?
Mr. Peelor: (Explains his diagram) Uh, here's the scene of the accident. Here's where the black Suburban impacted the green Passat. Given the angle of the impact, it's clear that the driver of the Suburban took no evasive measures prior to the collision. There're no skidmarks, no swerve marks. In other words, the driver of the Suburban was either suicidal or had no idea what was about to happen, because she wasn't looking.
Nick: What was she doing?
Mr. Peelor places portable x-ray reading machine on the table—shows film of several views of Kirsten's skull.
Mr. Peelor: Ms. Turk shattered the left side of her face. She also broke her left arm, five of the ribs on her left side, her left hip was fractured. Her right side absorbed nearly none of the impact.
Nick: Okay.
Mr. Peelor: Meaning, if I may demonstrate… (Sits in the chair as if driving then twists around far to his right) She was in this position when the cars collided. Now, I ask myself, 'Why would she be in this position?' (Puts the child's carseat up on the table)
Nick: Looks fine.
Mr. Peelor: Exactly. The buckles weren't engaged at the time of the accident. If they were and the boy were in his seat, they would be distressed and the frame would be bent. It isn't. Ms. Turk's autistic son was loose in the back seat and she was turned around trying to contain him. She wasn't watching the road when the accident occurred.
Nick: I reviewed the medical records as well. What you're forgetting is she also had a fractured right cheek bone.
Mr. Peelor: I noticed that but that injury's not consistent with the type of fracture one sustains in a high-impact car accident.
Nick: Well, you can't just rule it out.
Mr. Peelor: It's not from this accident, Mr. Fallin. It's a blunt trauma from something else. (Nick glances over at Todd and his splinted left hand)
Scene: Fallin & Fallin—Nick's office
Nick enters his office followed closely by Todd.
Todd: So there's no lawsuit.
Nick: You can have someone else review the data.
Todd: That guy, what he was saying was Kenny was responsible for the accident? (Nick nods) (Chuffs) Hey, she forgot to buckle him in. I've seen Kenny do stuff like that. I mean, he doesn't know what's dangerous. Walk in front of cars—put his hand on a hot stove.
Nick: Can you be trusted with him, Todd?
Todd: What?
Nick: Can you be trusted with him? Because if you hit his mother, how can you handle a kid like Kenny? (Pause) You did hit her, didn't ya?
Todd: Kirsten was so tired. I mean, her life was so hard, sometimes she'd hit the wall. And sometimes she'd hit Kenny.
Nick: (Angrily) You fractured her cheek bone?
Todd: It was a mistake. I came home to the house. I saw her pulling Kenny out of his chair by his hair. And I stepped in and I hit her. But I never hit Kenny.
Nick: (Grabs his phone) I have to tell Social Services.
Scene: Outside the District Justice's office—Time: 4:00 PM
Barbara sits and waits for Evan. Nick walks up.
Barbara: Hey, Nick.
Nick: Hey. I thought you might need a witness or something.
Barbara: Yeah. Thanks. Yeah.
Scene: Oncology Care Unit—Red's room
Burton is sitting beside the bed—Red awakens.
Red: Burton?
Burton: (Appears to have been dozing) Hey. You awake? How ya doing?
Red: Pretty damn tired.
Burton: Well. You know last week John Clayton was telling me I had to come down here and undo the only good thing I've ever done for this town. I got a pain in my chest—I thought I was having a heart attack.
Red: That why you been coming around here, making your peace before you die?
Burton: May be.
Red: Remember when you said you wanted to do something for me?
Burton: Yeah.
Red: You can.
Burton: What?
Red: My kid.
Burton: Well, I am trying to help him, Red.
Red: Don't. People been doing things for him all his life. If you really wanna do something for him, let him make his own way.
Scene: Outside the District Justice's office—Time: 4:36 PM
Barbara: He's not coming. (Sighs) He's not coming.
Nick: You want me to tell the Justice?
Barbara: No-no-no. Just wait a minute. (Pause) He's not coming.
Nick knocks on the Justice's door.
Justice: Come in.
Nick: Sir. He's not coming.
The Justice leaves immediately through double doors at the end of the corridor.
Barbara: Didn't really like him anyway. (Nick consoles her by rubbing her shoulder)
The Justice reappears through the same double doors—backlit by a shaft of blinding light—Barbara watches and finally sees Evan following behind the Justice. She smiles.
Evan: (Smiles) I told you I'd make it.
Scene: Legal Services of Pittsburgh—bullpen
Alvin: Ah, Nick. Sofia called Mr. Dougherty and told him that Social Services would be making unscheduled visits to monitor his care of Kenny and that Kenny would have to undergo a weekly physical examination for signs of abuse.
Nick: Good.
Alvin: No, he changed his mind. He doesn't want Kenny under those circumstances. So, there will be another shelter hearing the first thing next week.
Nick: Right.
Alvin: They're keeping Kenny at Southwestern Psych for the short term.
Nick: (Rolls his head) Can't you advocate to have him placed somewhere else?
Alvin: There's nowhere else for that kid to go.
Scene: Hospital at Mt. Aire—Lulu's room
Nick quietly sneaks in and stands by the door for a moment.
Nick: Lulu. (Walks to the bed—breathes deeply a couple times) They wouldn't let me come see you. (Sits beside the bed) Before this happened, you were talking to me about fate and not getting in the way of things. (Takes her hand) Lulu, if you're not there anymore, if you're not gonna be the way you were then… you let go. If you're not gonna be who you are, you don't have to fight. You can just let go. (Stifles a sob—kisses her hand—breathes deeply then leaves)
After Nick leaves, seconds later, Lulu opens her eyes.
Scene: Southwestern Psychiatric Hospital
Kenny sits at a table in a room with metal mesh covering the window, spinning his top and staring into space.
END OF EPISODE
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