03x24 - Teeth-Shattering Nanny Incident

[bunniefuu]

We were having a couple of drinks
and she threw the phone at me.

And that's how your teeth got injured.

I believe that this was an accident.

Yes, ma'am.

I don't believe that it was an accident.

I don't care what you believe.
You were both probably drunk.

[announcer]
This is Judy Justice.

[theme music playing]

[announcer] Avryl Matthews is suing
her former friend, Unathi Miya,

for medical bills
after Unathi damaged her teeth.

[Kevin]
Court, come to order. All rise.

Have a seat, please.

-Hello, Judge.
-Hello, Kevin.

Case 3057,
Matthews versus Miya.

-Thank you.
-You're welcome.

Miss Matthews,
how long do you know the defendant?

A few months, Your Honor.

Where did you meet her?

We met at a gathering,
like, through mutual friends.

[Judy]
And when did you meet her?

I would say probably
the beginning of last year.

Give me a month and the year.

Probably, like, June? Maybe.

-Don't. "June?" is a question.
-[Avryl] In the summer, like, last year.

[Judy]
I don't know when you met.

The beginning of last year
would be a "January," not a "June."

That would be the middle
of last year.

The questions are going to get harder,
Miss Matthews, not easier.

-They're gonna get harder.
-Okay.

-[Judy] Do you understand?
-Yes, Your Honor.

[Judy] Now, when did you
and the defendant meet?

-Month and year
-May 2022. Last year.

And the incident that you reference
in your lawsuit against the defendant

happened in April of 2023,
so approximately a year later.

Yes, that's correct,
Your Honor.

Between May of 2022
and April of 2023,

about how often did you
and the defendant see each other?

I would say probably
every other couple of months

or every other weekend,

-like, it would be a regular thing.
-[Judy] Just a second.

I want to tell you how silly you sound.

Because Whitney is going to read back
what you just said.

How often did you see each other?

-On a daily basis.
-Just a second!

-[Avryl] Sorry.
-I'm going to tell you

what you just said.

"I would say probably
every other couple of months

or every other weekend,
like, it would be a regular..."

Every other couple of months would mean
that maybe you saw her four times.

If you saw her every other weekend,
that's a different story.

Do you understand? You have to get
your story straight before you come here.

Do you understand?

-Yes, ma'am.
-Story straight.

-You get it?
-Yes.

Okay. Now, this is what
the case is about...

So, now I've got my players...

is your claim that on an evening in April,
the two of you went out for dinner,

ended up in someone's apartment,
I think yours, and the two of you

were in the bedroom,
sitting on the bed, phone rings,

-and it was your phone?
-My phone.

[Judy] Your phone.

And, somehow,
according to the complaint,

the defendant threw the phone at you
and broke your teeth in the front,

and that's what you're suing her for.

Yes, that's right, Your Honor.

[Judy]
Yeah, okay. So, that, you know.

You don't know when you met her,

and you don't know how often you saw her,
but that you remember.

-Yes.
-[Judy] So, let's start with that evening

and then I have a few questions for you.

Let's start with the evening
of April what?

April first, 2023.

[Judy]
Did you meet her at a restaurant

or did you pick her up
or did she pick you up?

So we actually picked her up.

-And...
-"We" actually picked her up.

Who's the "we"?

[Avryl]
Me and a friend of mine.

-[Judy] Picked her up.
-[Avryl] Yes.

[Judy]
And the three of you went out for dinner?

Yes, that's correct.

[Judy]
Finished dinner at about what time?

After 10:00,
maybe going into 11:00.

And now there are three of you
leaving the restaurant at 11:00.

-[Avryl] Yes, that's correct.
-Keep going.

So, at the restaurant,

we had some dinner and drinks
and we were having a conversation.

I think it was, like, a debate,
and we were speaking about something

about how, from a woman's perspective
and another woman's perspective,

how a man would probably react
to a certain situation,

and we were in a disagreement
about something.

And then she proceeded
to play-fight with me,

-which I thought at the time was...
-You're talking about at dinner?

[Avryl] Yes. At dinner, at the restaurant,
when we all three were there.

And we were having a couple of drinks

and she proceeded to get physical with me.

So, it was play-fighting at the time

-that I thought...
-[Judy] All right, just a second.

Play-fighting
at the restaurant before 11:00.

Okay, so, now there's play-fighting
before 11:00,

and what do you do
when you leave the restaurant?

Um, so, we proceeded to go to a nightclub.

But, before,
during the play-fighting...

I just want to go into detail...
that she had bit me.

[Judy]
I don't want to go into detail.

-Okay.
-[Judy] Do you understand?

-Okay.
-I want to get to the case.

Yes, Your Honor.

Now, you went to a nightclub.

Did the three of you go to a nightclub?

Yes, Your Honor, we did.

[Judy]
For how long?

[Avryl]
Close to two hours.

-[Judy] So, now we're at 1:00 a.m.
-[Avryl] Yes.

[Judy] Did you have a good time
at the nightclub?

Yes, you could say so.

-Yes.
-I'm just curious.

-[Avryl] It was okay.
-I'm just curious.

-[Avryl] Yes.
-Did you dance?

-[Avryl] Yes, you could say.
-Who did you dance with?

We were, like, dancing with each other,
probably, you know?

We'd sit down
and then we'd get up.

-Not "probably." Not "probably."
-[Avryl] Excuse me.

-Not "probably." I wasn't there.
-[Avryl] Okay.

Yes, we would dance with each other
and then we would sit down

and, then, depending on what kind
of music would be playing.

So, it's now 1:00 a.m.

And, later on, my witness
joined us at the nightclub.

So. we were then four
at the nightclub together.

Okay. And when did you
leave the nightclub, 1:00?

Yes, I would say,
like, probably around 1:00.

Well, that's what you said before.

[Avryl] Yes, I think we were maybe there
for a little bit longer

because we then went
to McDonald's afterwards,

and at that time,
they were selling breakfast.

What time did you leave?

I would say much later than that.

Now that I'm thinking about it,
a little bit later than that.

Apologies, Your Honor.

Good. About what time?

I would say right when the nightclub
was closing, so probably about 3:00.

[Judy] So, from 11:00 to 3:00,
you were at a nightclub,

drinking and dancing.

And then how did you get to McDonald's?

-We drove.
-[Judy] Who drove?

Um, my friend of mine
that's not here, currently.

And from McDonald's,
where did you go?

We went to my place, Your Honor.

[Judy]
Did the four of you remain there?

[Avryl] Yes, Your Honor,
the entire night.

Okay, so, they were there and your friend
was also there during this incident.

Yes, that's correct, Your Honor.

So, now, you can tell me
about the incident.

Okay, so, we got to my place

and after coming from McDonald's,
um, we got out of the car,

and she had bit me again.

I want you to get!

-Listen to me.
-[Avryl] So sorry. Okay.

I want you to get to the incident.

Okay.

You know, we're not here
at some science class, madam.

We're in a courtroom.

You know, I find this whole thing
a little bit fishy anyway,

and you're just feeding into that
with some of your responses to me

because it all sounds bizarre.

[theme music playing]

[announcer]
Avryl Matthews claims her former friend,

Unathi Miya, owes for medical bills

after she threw her phone at Avryl.

So, I want you to get to the period
of time when you were injured,

who was there in the room,
and how it happened.

Do you get it?

[Avryl]
Yes, Your Honor.

-Perfect.
-So we got into my place

and we were all sitting,
we were in the living room

and we were all waiting for each other
so that we could, like, all eat together.

What do you mean,
all eat together from where?

-From McDonald's?
-Yes.

[Judy]
So, you had brought McDonald's back...

-Yes, Your Honor.
-[Judy] ...to your house?

-Yes, Your Honor.
-Okay.

-[Avryl] Yes. So...
-Now, move on.

[Avryl] I was in my room
and Unathi was with me in the room,

and Hajer was out in my living room.

And Unathi got up
and her phone rang or a beep

or a text came through from her

and she got, I don't know,
like, aggressive

and wanted to get my attention
to show me what was on her phone.

And at that time, she called my name
and I didn't respond to her.

And she wanted to get my attention
and she threw the phone at me,

and I looked and I was like,
"Oh, okay, like, wow."

And out of shock, I then got up
and I went to the bathroom.

And at that time,
Hajer had witnessed her

because Hajer
was going to the bathroom.

So, Hajer walked in
and, at that time, heard, like,

"Avryl, you know, I'm trying
to get your attention."

And Hajer then saw her
throw the phone at me.

-[Judy] Don't tell me what she saw.
-Okay.

So, she got up
to go to the bathroom.

The defendant's phone rang.

Where was the defendant
when you say her phone rang?

Well, she got a message...

[Judy]
Just a second.

[Avryl]
Okay. Sorry, Your Honor.

Message, a bing,
whatever it was, where was she?

She was in the bedroom with me,
Your Honor.

Bedroom where?

So, I was laying on the bed, Your Honor.

[Judy]
You were laying on the bed.

-Yes, I was laying on the bed...
-[Judy] Shh! You were laying on the bed.

Mm-hmm.

[Judy]
Was she on the bed or was she standing?

[Avryl] At the time, she was sitting
and then she got up.

-She was sitting on the bed.
-[Avryl] Yes.

Where was her phone?

Her phone was in the hand, I believe.

Just... Don't say, "You believe."
I wasn't there.

-[Avryl] Okay. Yes.
-I wasn't there.

-[Avryl]Her phone was in her hand.
-Her phone was in her hand.

Yes, Your Honor.

[Judy]
Okay. So, she was sitting on the bed,

her phone beeped or rang.

It's in her hand and she got up

to a standing position.

-[Avryl] Yes.
-[Judy] And she's looking at her phone?

Or she's speaking into her phone?

She was looking at her phone.
She wasn't speaking to her phone,

So, she's now standing up
looking at her phone.

-And?
-And trying to get my attention.

[Judy]
Just a second.

"Trying to get your attention"
is a conclusion.

What did she do?

She called my name
and I didn't, like, respond.

-I was... I was...
-[Judy] And you didn't...

And I think that's
when she threw the phone

to, like, get my attention.

But it was, I would say that it was...

Like, I don't know
what text message she got...

[Judy]
Just a second.

[Avryl] Okay.

[Judy]
And that's how your teeth got injured?

-Yes. Your Honor.
-[Judy] Perfect.

So, we have... found the story.

Now, I just have to read this.

Well, you see, your complaint,
Miss Matthews,

says that the phone
was not in her hand.

It says, "Her phone beeped.

She got up from the bed
and grabbed her phone."

-That's what you said in your complaint.
-[Avryl] Okay.

Okay, so, apologies, Your Honor.

I think I was just trying to, like,
figure out exactly what happened.

-And I, so...
-You know, we're not here

at some science class, madam.

We're in a courtroom.

You signed a complaint.

-Yes.
-[Judy] You know, I find this whole thing

a little bit fishy anyway,
and you're just feeding into that

with some of your responses to me
and some of what's in your complaint

because it all sounds bizarre.

So, I know I'm missing something.

So was the phone,
when it beeped,

in her hand or was it in a place
where she had to get up and go and get it?

I would say that...

-[Judy] Not, "I would say"!
-Okay.

I don't want
to know what you would say.

I want to know the truth.

There aren't different versions
of the truth.

There's only one version of the truth.

So not, "I would say."
Think about it.

And were you correct
when you swore to this complaint

that she got up and grabbed the phone?

Or were you correct
when you testified a moment ago

that the phone was in her hand?

I would say that I was correct
when I said on the paper

that she got up and picked up the phone.

Now, I'm going to go back.
Where did she pick up the phone from?

I have, like, a dresser in my room.

[Judy]
A what?

Like, I think...
I think it was the dresser.

-I'm not...
-If you say... Listen to me.

If you say,
"I don't know how this happened,

it all happened so fast,"
that's okay.

But if you keep,
"I think I have a dresser"

and "This is a dresser,
so I think the phone"...

I would say that it happened all...

Like, I'm just trying to replay the night.

But I think that she got up
and she took the phone.

And that's when she got the text message.

Great. I feel so much more comfortable
than when we started.

All right, let's get to the bedroom.

-All right.
-[Judy] Who was in the bedroom?

It was Avryl, I, and...

-Where was she?
-[Unathi] She was in the living room.

[Judy] And can you tell me
why you were in the bedroom

instead of in the living room?

I can't tell you.
No. We don't know.

We were in the living room,
and then we just went to the bedroom.

-I really don't...
-Okay. Go.

Yes. So, my phone
was actually on her dresser.

I had put my phone on the dresser
when we came in.

On her nightstand dresser
in front of her bed.

I got the text message. I stood up
and I went around her bed

and I went to get my phone
from the dresser.

I stood in front of the bed and she was
in front of me, obviously, on the bed.

And I got a text message from a guy
that I was talking to at the time.

And I wanted her to see.

So, I was really excited
and I was telling her, "Oh, he texted me,"

and I was telling her what he was saying.

And she's like, "Oh, let me see."
And then she put her hands out.

And I, in an underhand position,
I passed her the phone.

-[Judy] So you tossed the phone?
-[Unathi] I did.

-[Judy] You tossed the phone at her?
-Yes, Your Honor.

And is that when it hit her in the mouth?

-Yes.
-[Judy] Okay.

Prior to all
of these emails,

you and the plaintiff
had a discussion

where it was clear
between the two of you

that this accident
was your fault

because all of these emails
discuss, with the plaintiff, payment.

[theme music playing]

[announcer] Avryl Matthews is accusing
her former friend, Unathi Miya,

of throwing her phone at Avryl
and damaging her teeth.

And, then, it took us
a long time to get there,

-but clearly this was an accident.
-An accident.

Absolutely.

[Judy] An accident happens
when you're in a car,

you don't mean to hit anybody,
but you do.

An accident happens
if you're parking the car

and you don't gauge
that parallel parking just right.

Well, if you're from Brooklyn, you always
gauge the parallel parking just right.

But it's an accident.

-Your Honor.
-[Judy] But when...

Oh, excuse me. Sorry.

When you have an accident,
you have to pay for the accident

because it's not an on-purpose,

but it's an accident.

So, I would like to see,

dating back
to the week of April first,

any text messages that you have
or emails between the two of you

discussing the incident
of April first.

April first.

In the week of the first,
this is the only...

Shh!

This doesn't say anything.

That's just the only conversation
over text that we had.

Well, this doesn't say anything
about the incident that happened.

-[Unathi] Yeah.
-Nothing.

Okay, let me see your evidence,
Miss Matthews, about the incident itself.

You show me all those pages.

-They all...
-It's not... It's not any conversation

regarding the night
of the incident.

It's all the conversations
that we had regarding

-after I went to the E.R...
-[Judy] Oh.

I would like to take a look at those.

Okay. Well, it's clear, Miss Miya,
that prior to all of these emails,

you and the plaintiff
had a discussion

where it was clear
between the two of you

that this accident was your fault

because all of these emails
discuss, with the plaintiff, payment.

And to summarize what I've just read...

She went to the emergency room.
She went to a dentist.

She got estimates.

She was in discomfort.

She told you what the proposal was.

You said to her,
"You can get someplace cheaper."

She said, "I'm not going to do that."

You said to her, "Well, if you're not
going to do that, meet me halfway.

You know I make the minimum wage.

I can't afford all of these bills."

Which suggests to me that you
understood your culpability, right?

Yes, Your Honor.

[Judy] And I'm not suggesting,
nor was there any indication to me,

that this was a purposeful as*ault.

It wasn't. It was a stupid accident.

You were both probably drunk.

I'd like to see all
of your medical bills, please,

starting with the E.R.

There's a lot of bills
for me to go through.

-Yes.
-Did you have the work done yet?

I had some work done,
and for future, I still have to have

one more procedure done on me,
Your Honor.

I'd like to take a look at the report from
the dentist requiring another procedure.

-[Avryl] Okay.
-[Judy] Maybe.

But let's see what you had done so far.

Okay, Your Honor.

Let me just put it in order.

And you have proof
of payment of those bills?

No, I haven't paid any of it,
Your Honor.

None of it? You mean
the dentist worked for nothing?

I have the proof for the eval...
the consultations that I've paid.

So, I've paid for the consultation.

[Judy] I wanna see proof of payment,
of how much you paid.

So your initial visit at the E.R.
was 985.

-Yes.
-[Judy] And it is for a tooth.

That's what it says.

A tooth.

-So, they had placed...
-[Judy] Just a...

-Okay.
-[Judy] I'm just telling you what it says.

Okay, so a lot of this work
has yet to be done.

-[Avryl] Yes, Your Honor.
-Okay.

And in order to have it done,
they wanna be paid.

-Yes, Your Honor.
-[Judy] Okay.

-But the 4,600...
-I didn't ask you a question.

You understand, Miss Miya,
that I believe that this was an accident.

-Yes, ma'am.
-I don't believe that it was an accident.

I don't care what you believe.
And I didn't pose a question to you.

You understand that
I believe that this was an accident.

-Yes, ma'am.
-[Judy] It was an accident,

however, that you caused.

-I know.
-And when you cause an accident,

and if someone is injured,
you have to pay for it.

And she has to have work done.

She's a young woman and she shouldn't
have to have this kind of problem

because this kind of problem
will only be magnified over her years.

You have to take care of it.
It's well over $10,000.

Judgment for the plaintiff
in the amount of $10,000.

-Thank you. We're finished.
-[Avryl] Thank you.

[Kevin]
This court is adjourned.

She was really
banging on my character,

saying that I assaulted her,

and she knows very well
that it was an accident.

I don't know whether it was the alcohol
or if she was jealous.

I don't know what it was.

I really do think that she is...

There's something
seriously wrong with her.

My teeth were displaced out of my mouth
and got pushed totally back.

So, I did see the damage.

I don't think it was as bad
as she says it was, but...

I'm really grateful for how
she went about things,

and I feel like the way that it
needed to go, it needed to go.

I never want to see her again.

You know, this reminded me
of one of my dad's

favorite pearls of wisdom
from childhood.

You know, in my teens, I got into
a little accident with the car,

and I came home and I said, "Dad,
you know, I got into this little accident

and I don't know what to do,
and I'm going to have to,

you know, we have to pay for it,"
with the pronoun usage.

And he said,
"Whoa, whoa, whoa.

Is it more my fault
than it was your fault?

Because I was home in my pajamas
watching Gold Rush.

So, would you say that
it's more your fault to handle or mine?"

And, you know, when he said that to me,
it really makes a lot of sense.

That's not what you want to hear
as a 17-year-old

who just got into a little bit
of a car accident,

but you have to take the approach,

as the defendant, as she did here,
which is, "I know it was an accident.

It wasn't on purpose.
I know I have to pay for it."

And that's why
they're called "accidents."

Like you said, they're not on purpose.

But is it any more
the plaintiff's fault

than it was the defendant's
for getting hit in the mouth?

I don't think so.

I think the plaintiff
was under the impression

that unless she could establish
that it was a purposeful as*ault,

that the defendant wasn't responsible.

No. Yeah, I felt that as well.

I think that that's what she thought.

-But she was wrong.
-Yeah.

But she'll get
her teeth fixed anyway.

Yeah, and I think
that was the right call.

And your father was right.

It's more your fault
than it was his fault.

True.

[announcer]
Are you a victim of a scam?



[theme music playing]