“Mr. Aldrich, you may proceed with your closing argument.”
hank you, your honour. Members of the jury, fellow citizens of Smallville, this case isn’t about blame; it’s about responsibility. A police officer takes responsibility for the safety of the lives and property in his city. A teacher is responsible for providing our children with the education they need to become worthwhile adults. A surgeon holds responsibility for a life, literally, in his hands when he operates.
“Those individuals assume that responsibility willingly and, as a society, we repose special trust and confidence in them. We rely on the policeman to defend us from the criminal. We expect the teacher to provide her pupils with accurate information. And we certainly depend on the surgeon to competently repair our injuries. It’s a social contract: we count on them, and in turn, we expect them to perform their tasks to the utmost of their ability.
“Four years ago, the defendant, Superboy, placed himself in the rôle of Smallville’s protector. Nobody asked him to do so. He wasn’t forced to, against his will. He simply decided that’s what he would do. And we of Smallville have come to rely on him, just as we rely on our police force or our fire department. Most of us have a Superboy flag in our homes, to hoist if we need his aid.
“We depend on Superboy. In fact, he has encouraged us to do so. And in turn, Superboy has the duty to act competently and responsibly.
“Was it responsible of Superboy to provide my client---a bright young man but one who, as the defence council himself pointed out, lacks any kind of formal credential---with a laboratory stocked with unknown and, perhaps, dangerous substances? Chemicals which were potentially toxic, possibly volatile, placed in the hands of a youth untrained in handling such things.
“Superboy stated that he warned my client to be careful with them. Young Luthor has a brilliant mind and a thirst for scientific experimentation. Was it reasonable to believe that Luthor wouldn’t explore these strange and exotic chemicals, even though warned to be careful? It would be like giving your teen-age son the keys to your brand new car, then telling him not to drive it. Would you really be surprised then to get a telephone call from the police telling you your son had just crashed your new car into a lamppost?
“Through providence, young Lex experimented in his laboratory without incident until he discovered the most remarkable scientific breakthrough of the century---life created artificially! Such a thing would have brought fame and fortune to him. The name ‘Luthor’ would have gone down in the annals of science beside such giants as Einstein---Curie---Pasteur.
“True, we have only my client’s insistence that he created such a thing. According to Lex, the artificial life-form itself was destroyed in the accidental fire. But a valid scientific development is reproducible, and the means for reproducing the protoplasm---Lex’s detailed records---weren’t destroyed by the fire.
“They were destroyed by the defendant Superboy’s clear and unmindful recklessness!
“Now, it’s also true that no trace of Luthor’s notes exist to objectively establish their existence, but you heard Superboy, in his testimony, state that he believed that there were such notes. Superboy also testified that he agreed with my client’s account of how those notes were destroyed.
“When the fire broke out in young Luthor’s laboratory and he spied Superboy flying overhead and called to him for help, my client had a reasonable expectation that Superboy’s response would be capable and competent. But the fact of the matter is---by his own admission---the defendant has never received any professional training in putting out structural fires or the hazards of dangerous goods.
“Upon hearing Lex’s cries for help, Superboy landed and, without regard for the hazards it presented, discharged his super-breath into the laboratory. It was an immediate action which, as you heard Fire Chief Hogan testify, is not recommended when hazardous materials are present, as they certainly would be in a laboratory. And Superboy himself was, indeed, aware of their presence.
“The results were tragic, and justifed the very protocols Chief Hogan described, the protocols which Superboy ignored.
“Yes, the gust of wind that the defendant sent into the lab extinguished the fire. But it also caused two containers to collide and shatter and mix their contents. The chemical reaction from this mixture created a cloud of corrosive vapours which destroyed my client’s notes and caused the hair on his head to fall out, leaving him permanently bald.
“Again, Superboy, in his own testimony, stated that he agreed that this was the series of events!
“It was an impetuous act on Superboy’s part. You heard Fire Chief Hogan, a veteran fireman with over a decade of experience, testify that he did not condone such an act.
“We are fortunate in one sense, in that Lex Luthor was the only victim of Superboy’s carelessness. The corrosive cloud created by his negligence was released into the atmosphere near the town. Superboy admits that he doesn’t know what happened to the cloud, that he failed to remove it as a threat or to even keep track of it. If the wind happened to have been blowing the wrong way, Smallville might very well have had its own Cleveland Clinic disaster.
“I know that the law can sometimes be complex and mystifying, but it’s very clear on this point: when someone suffers loss or injury due to the negligence of another, then he is entitled to compensation. The destruction of the records which would enable my client to recreate his greatest discovery, as well as the loss of his hair---which, to a teen-age boy, amounts to disfigurement---are a direct result of Superboy’s negligence. First, he placed young Luthor in an environment inherent with risk, and then, when danger finally threatened Lex, Superboy responded in a careless manner by indiscriminately discharging his super-breath into a closed space that he knew contained dangerous materials, thereby ruining a young man’s life.
“Gentlemen, I’m sure that once you have reviewed the facts of this case, your common sense and sense of justice will lead you to the only reasonable conclusion: that Superboy is responsible for the damages done to Lex Luthor and owes my client compensation. Thank you.”
“Mr. Barton?”
entlemen of the jury, Mr. Aldrich is absolutely correct when he states that this case is about taking responsibility for one’s actions. And who is responsible for the unpleasant events which befell Lex Luthor that February afternoon two years ago?
“None other than Luthor himself, and he must take responsibility for his actions.
“Yes, it is true that the defendant, in gratitude for saving his life, rewarded Luthor by building for him a modern laboratory. Now, Mr. Aldrich has made a great deal of noise over the fact that Superboy, in addition to the standard array of elements, also stocked the lab with chemicals of an unknown nature. You may evaluate the wisdom of that however you wish, but I point out to you that it has no bearing on the matter before you to-day. At no time was any evidence or testimony given that the unknown chemicals provided by Superboy were involved in the disaster that occurred in Luthor’s lab.
“Let’s go over young Luthor’s testimony. He claimed to have discovered the very secret of life itself, that he created a protoplasm of artificial life. Even if we accept his incredulous claim on the face of it, Luthor never stated that he used any of the unknown chemicals in its creation.
“Luthor said that he started the fire in his lab when he accidentally knocked over a flask containing an inflammable chemical solution, but he didn’t claim that solution contained any of the unknown ones given to him by Superboy. Many common laboratory substances, such as acetone, ammonia, and even rubbing alcohol, are highly inflammable.
“Lastly, the acid bottle that smashed against the container holding the kryptonite antidote that Luthor invented, creating a ‘corrosive cloud’. If you’ll recall the plaintiff’s testimony, he never stated that he used any of the unknown chemicals in the formula for his antidote. In fact, he wouldn’t even admit on the stand that it was an antidote for kryptonite poisoning. That came out in my client’s testimony.
“One thing young Luthor did admit on the stand was that he himself caused the fire which led to a tragic outcome. He stated that he accidentally knocked over a flask containing, in his own words, ‘a highly inflammable chemical solution’. A potentially dangerous solution that a more prudent experimenter would have safely secured so it couldn’t have fallen.
“As you were shown, such an accident is typical of Lex Luthor, whose experiments were often undone by his own carelessness. The weather-tower and miracle seeds he unleashed on Smallville both contained flaws that nearly destroyed the town. And Luthor himself almost died when he inadvertently released his lethal ‘Gas X’ in his own laboratory. In his eagerness to impress the world with his brilliance, he committed oversights that would have proven disastrous---if not for Superboy.
“Albeit reluctantly, the plaintiff stated that the artificial life-form he supposedly created was lost in the fire that he started himself. And for this, Lex Luthor must take responsibility, not my client.
“And that brings us to the sequence of events that resulted in the damages for which Luthor is demanding compensation. Trapped by the blaze in his lab, young Luthor called to Superboy flying overhead for help. My client descended and seeing the flames, discharged his super-breath into the lab, extinguishing the fire, and not so incidentally, saving Luthor’s life.
“However, that blast of super-breath accidentally caused two containers to collide and shatter; acid and the kryptonite antidote created by Luthor mingled to create a cloud of corrosive fumes. The fumes destroyed the notes of Luthor’s artificial-life experiment and caused his hair to fall out.
“The defence does not deny this series of events. In fact, both the plaintiff and the defendant agree that is what occurred. And once again, the issue is one of responsibility.
“Upon seeing the danger threatening his friend, my client acted in the most reasonable manner available to him at that moment, to save Luthor’s life---he blew out the fire. You heard Superboy testify that other options would have been insufficient to protect Luthor from harm.
“Inside the lab, the bottle of acid smashed against the container of antidote. By accident. Nothing was presented in testimony or evidence that Superboy had any intention of causing such a result---nothing, that is, except the plaintiff’s irrational sense of persecution. And note, members of the jury, here again another hazardous substance---the bottle of acid---was not safely stowed or secured. And who was responsible for that lack of precaution? Lex Luthor.
“We all heard Fire Chief Hogan’s testimony on the proper handling of structural fires when dangerous goods are present. The knowledge and training of professional firemen make them all too aware of the dangers presented by hazardous materials. Their standard procedure is to err on the side of public safety, even if it means not immediately rescuing lives already in peril.
“Mr. Aldrich has accused Superboy of not being professionally trained in fighting fires, of not following the safety procedures preached by Chief Hogan, and at the risk of giving my esteemed colleague a heart attack, I tell you now, once again the defence agrees with him. No, Superboy did not know the proper protocols for dealing with fires and dangerous goods. All Superboy knew was that a friend was in danger and acted to save him.
“Now, Mr. Aldrich would like you to march into the jury room and find fault with my client for that. But if you do, then God help us all---for no-one else will be helping anybody.
“Lex Luthor was in dire trouble, and Superboy, acting to the best of the knowledge he possessed, saved his life. And yes, unfortunately, a mishap occurred. If we go and, with the luxury of hindsight, second-guess his actions and condemn them, then what kind of message are we sending to society? To our fellow man?
“The day may come when one of us desperately needs the help of another, perhaps a stranger. Do we want that person to rush to our aid, doing whatever he reasonably can to help us? Or do we want him to run the other way, out of fear that, if he accidentally does something wrong in rescuing us, some jury will find against him in a lawsuit? If we hold Superboy to task here for not being perfect in coming to Lex Luthor’s aid, that warns each and every one of us that we better not get involved when someone else is in trouble. The only place you’ll find a Good Samaritan then will be in the Bible.
“As for the personal injury suffered by Lex Luthor, well, it’s not difficult to imagine the emotional pain that young man, a boy really, must live with. No-one expects you to be heartless, folks, but don’t let your sympathy blind you to the difficult truth---that the fault for this tragedy lies with Lex Luthor himself!
“It was young Luthor who started the fire in his laboratory. It was Luthor who failed to properly store dangerous chemicals in a secure place. And it is Luthor who was responsible for the unfortunate outcome of that day.”
“Readers, you have heard the testimony and seen the evidence. Before you make any determinations, it is my duty to advise you on a point of law. Unlike a criminal trial, in which the standard for conviction is ‘proof beyond a reasonable doubt’, in a civil case, such as this one, the requirement for making a determination is ‘the preponderance of the evidence’. In other words, your decision must be based on whichever party---the plaintiff or the defendant---in your opinion, is more supported by the evidence.
“I further advise you that the evidence which you are to consider in this case consists of the testimony of the witnesses and any facts admitted or agreed to by counsel. Although you are to consider only the evidence in the case in reaching a verdict, you must bring to the consideration of the evidence your common sense and judgement as reasonable individuals. You may draw reasonable inferences from the evidence which you feel are justified in the light of common experience.
“Therefore, in the case of Luthor versus Superboy, how do you find?
“You be the jury!”
Replies
I have to recuse myself on the fact that I have a prejudicial attitude towards Lex Luthor.
My vote is for Superboy. His primary intent was to save Luthor, period. Not to save the lab or preserve Luthor's experiment. As stated before, Luthor screamed for the Boy of Steel's help. He was afraid for his life. His concern for his protoplasm occurred after the fact. The loss of his hair was an unfortunate accident. No one could have predicted that would happen.
Despite Luthor's paranoia, he started the chain of events. Accidently, of course but he was responsible. And if he couldn't recreate his protoplasm, it's because he didn't duplicate his notes. Working in secrecy only compounded that error.
I'll go with Superboy's side on this one.
Now, if the jurors had access to Superboy's time-viewer device, and saw the kind of dangerous/unknown materials he'd be leaving with Jimmy Olsen a few years in the future, they'd have to find him guilty now, just to teach him a valuable lesson! At least Lex was a genius (if a careless one)--Jimmy was only a klutz.
Due to Lex's secrecy, Superboy had no idea if any of Lex's experiments were successful or unsuccessful, so his idea that Superboy was jealous of his success doesn't wash.
Most of us have a Superboy flag in our homes, to hoist if we need his aid.
Were Superboy flags something that were in the stories? I don't remember them.
I forget -- what, exactly, is the charge or charges against Superboy?
This was The Commander's lead-off to Part One.
I don't recall if everyone had a Superboy flag but I believe that the major buildings in Smallville did.
Richard Willis said:
Pretty easy vote for Superboy. If there was any negligence, it was on Luthor's part. There certainly wasn't any willful misconduct on Superboy's part. Frankly, Luthor was the author of his own misfortune. And Superboy's intent, clearly, was to help, not harm, his friend.
Unfortunately, a verdict that doesn't go against Superboy only fuels Luthor's jealousy, and paranoia that the world is against him.
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