A Victim of Circumstance
When Rodney falls through a skylight at Whit's End and breaks his arm, the Rathbones take Jason Whittaker to court.
Chris: Hi, this is Chris. Welcome to Adventures in Odyssey.
Bart: Hey there, gang, this is Bart Rathbone, and you know what, we're just getting ready for a time of wonder, adventure and excitement. You're going to love it. So would you like to join us? Then get ready, because you never know what can happen when you have an adventure in Odyssey.
Guest (Male): Howard J. Weasel.
Guest (Male): It's not his fault, he has no common sense.
Guest (Male): That's Wizzell.
Guest (Male): Tract of nuisance.
Guest (Male): Actually, it's Wezelle.
Guest (Male): Don't be a dolt.
Guest (Male): Harassment, emotional distress, defamation of character.
Guest (Male): Sue!
Guest (Male): Sue!
Guest (Male): Sue!
Jack: Jason?
Jason: In the office, Jack.
Jack: I'm getting ready to close up. Why are you sitting in the dark?
Jason: I'm just admiring the new skylight we put in the roof.
Jack: Jason, it's smoked glass. You can't really see anything.
Jason: Not true. You can see the glow of the moon as its incandescent rays bathe the office with an eerie somnambulance.
Jack: Have you been talking to Eugene again?
Jason: No.
Jack: Reading poetry?
Jason: No. I just like the skylight, that's all.
Jack: Uh-huh.
Jason: Look, you keep saying I need to enjoy the simple pleasures in life. So, I'm enjoying.
Jack: While you enjoy, I'm going to lock up. Could you do me a favor and take.
Jason: What's the matter?
Jack: I thought I just heard something.
Jason: You did hear something.
Jack: Yeah.
Jason: And it sounds like it's coming from up on the.
Jason: Oh!
Jack: Jason! Jason, are you all right?
Jason: Yeah. You?
Jack: I'm fine. What happened?
Jason: The new skylight caved in.
Jack: Did you hear that?
Jason: Yeah.
Jack: Where's the flashlight?
Jason: Top drawer of the desk.
Jack: Got it.
Jason: It's Rodney Rathbone.
Jack: He's got a bad cut on his head. Rodney? Rodney, are you all right? Can you hear me?
Rodney: My arm. My arm. Oh.
Jason: That's why the skylight crashed in. He was walking around up there and stepped through it.
Jack: He's bleeding pretty badly. Bring me the first aid kit.
Jason: Right.
Jack: Then I'll call an ambulance.
Rodney: Oh, it hurts!
Jack: Hang on, Rodney. Help's on the way.
Rodney: Oh, you've really done it this time.
Bart: Oh.
Guest (Female): In Adventures in Odyssey's 73rd album, 28 Hours, Odyssey's favorite son is missing.
Guest (Male): Jason?
Guest (Male): Jason!
Guest (Female): And lives are at stake.
Guest (Male): If we move him, he dies.
Guest (Male): And if you stay here, you all die.
Guest (Female): Above all else, everyone wants to know.
Guest (Female): What's going on?
Guest (Male): What's going on?
Guest (Male): What's going on?
Guest (Female): It's a jam-packed 28 hours in album 73 of Adventures in Odyssey. Available now on the Club, CD, and download. Learn more at AdventuresinOdyssey.com.
Bart: Hi, hello.
Jack: Oh, hi there, Whittaker.
Bart: Jack.
Jack: Hello, Bart. Dr. Morton said it was all right if we came in to see how Rodney is.
Bart: He's got a broken arm and a slight concussion, but that's all.
Jack: That's all. Ain't that enough?
Jason: You should be grateful it wasn't worse.
Bart: Listen, Whittaker, I really want to thank you and Jack here for taking care of Rodney like you did.
Jason: It's all right, Bart.
Jack: I would like to know why you were on the roof in the first place though, Rodney.
Rodney: Well, I thought I saw someone sneaking around up there.
Jack: Somebody was. You. But that doesn't explain what you were doing.
Rodney: Well, I wasn't doing nothing.
Jack: Really? And I guess you wouldn't know anything about the balloons, a roll of string, a large jug of water we found up there.
Rodney: Oh, my arm! It hurts! It hurts!
Bart: Drop the act, Rodney. The nurse just gave you a pain shot.
Rodney: All right. I was setting up a water balloon trap. It would have been great, too.
Jason: How'd you get up there?
Rodney: The trellis. It goes right up to the roof. I've climbed it hundreds of times. I used to use it as an initiation for the Bones of Wrath.
Jack: It was a very foolish thing to do.
Rodney: You wouldn't have even known about it if you hadn't put that skylight in. You don't warn people when you make changes like that. I could have killed myself.
Bart: Rodney, don't be a dolt.
Rodney: But, Pop!
Bart: Anyone dumb enough to do what you did deserves what he gets. And don't call me Pop.
Jason: Well, we better let you get your rest.
Bart: Yeah, yeah, listen, thank you both for coming in and for not pressing charges and everything.
Jason: Rodney's been through enough. I'm sure he's learned his lesson. Right, Rodney?
Rodney: Whatever.
Jack: Get some rest. We'll stop back in soon. If you need anything, Bart, let us know.
Bart: Yeah, yeah, thanks again, there. Hey, if you need any help fixing the skylight, give us a ring. I'll sell you the parts wholesale, plus 10%.
Wezelle: Excuse me.
Bart: Oh, boy, you scared me there. I didn't see you come in.
Wezelle: I was listening outside the door. Do I understand that your son fell through a skylight on the property of one of those two men?
Bart: Yeah, yeah.
Wezelle: A skylight he didn't know was there.
Bart: Yeah, yeah, he did. What's it to you?
Wezelle: Nothing, but it may be a great deal to you. A great deal of money, that is.
Bart: Yeah, well, I didn't he. Money?
Wezelle: Money.
Bart: Just how is this supposed to happen, Mr. .
Wezelle: My card. Howard J. Wezelle.
Bart: That's Wizzell.
Wezelle: Actually, it's Wezelle. It's French.
Bart: Attorney at law.
Wezelle: Correct. And I may just be the best friend you've ever had. Give me back the card.
Bart: Oh, look, look, we don't need no lawyer. Whittaker said he wasn't pressing charges, so.
Wezelle: It's not his charges I'm concerned with. It's yours.
Bart: Mine?
Wezelle: Yes. It's my sincere belief that you have the grounds for a very lucrative lawsuit.
Bart: Is that good?
Wezelle: Let me put it this way. How would you like to own Whittaker's property?
Bart: Yeah, yeah, that is good. Oh, here, here, have a seat, Mr. Wezelle.
Wezelle: Wizzell. Wezelle. And thank you. I don't mind if I do. We have a lot to talk about.
Bart: Yeah, yeah.
Jason: Well, I got a quote on replacing the skylight. They can do it tomorrow, but it'll cost extra.
Jack: One more thing for Rodney to work off. I sure hope he's learned his lesson this time.
Wezelle: Pardon me, but it isn't Rodney who'll learn a lesson. It's one of you two. Assuming one of you is Jason Whittaker.
Jason: I'm Jason Whittaker. Who are you?
Wezelle: My card. Howard J. Wezelle.
Jack: Wizzell.
Wezelle: Wezelle, it's French.
Jack: Attorney at law?
Wezelle: Correct. Give me back the card.
Jason: What did you mean, I'll learn a lesson?
Wezelle: I meant this. Notice of legal action on behalf of Rodney Rathbone against Jason Whittaker and Witt's End.
Jack: Legal action?
Wezelle: In other words, you're being sued.
Jason: Sued? By Rodney?
Wezelle: Correct.
Jack: For what?
Wezelle: Right there. Willful negligence, emotional distress, and defamation of character?
Jack: You can't be serious.
Wezelle: I can, and I am.
Jason: You don't think you'll get away with this?
Wezelle: I do, and I will.
Jason: Now, look, it was Rodney.
Wezelle: There's no need for further discussion. I suggest you have your lawyer look over these papers and contact me. My number is down at the bottom. Have a nice day.
Jack: This is unbelievable. Simply unbelievable. We can't let him get away with this, Jason.
Jason: Well, we won't. I'm going to take these papers right over to Fenimore Cooper, Dad's lawyer. He's the best in town.
Jack: Right. While you do that, I'm going to go talk to Bart. One way or another, we'll get to the bottom of this.
Bart: And 3:40 is your change. Bye, Mrs. Jackson, and do come again.
Jack: Bye, Mrs. Jackson.
Bart: What's this lawsuit nonsense all about?
Bart: I think it's self-explanatory, you know, explanatory. I think it speaks for itself. Rodney is suing for damages.
Jack: Damages?
Bart: Sure. Medical expenses, therapy, and let's not forget the emotional distress a tragic mishap like this can cause.
Jack: Tragic mishap?
Bart: Yeah.
Jack: Bart, Rodney was at fault. You yourself said he got what he deserved for being on top of that roof.
Wezelle: Stop right there.
Jack: Weasel.
Wezelle: Wizzell. Wezelle.
Jack: What are you doing down there behind the counter?
Wezelle: Protecting my client's interests. Don't say another word, Bart.
Jack: Client? Now, you're one of his clients, Bart? What for?
Bart: Well, I.
Wezelle: Don't speak. Mr. Rathbone has suffered a great deal of stress as a direct result of the injuries his son sustained on Mr. Whittaker's property.
Jack: Stress?
Bart: Well, I.
Wezelle: No, no, no, don't speak. Any statement made by Bart during the strain of those traumatic moments in the hospital will not hold up in court.
Jack: This is outrageous!
Wezelle: Wait till I get started. You ain't seen nothing yet.
Jack: Bart, don't listen to this man! He's only leading you to disaster! You take this to court, and you'll lose!
Bart: Oh, yeah? Well, I.
Wezelle: No, no, no, don't speak. We'll see who the loser is, Mr. Allen, in court. Until then, I advise you to steer clear of the Rathbones, or I'll get a restraining order sworn out against you.
Bart: Come, Bart. Look, I was just going to say.
Wezelle: No, no, no. Do not speak.
Jack: We will see who the loser is! Jason's talking with the best lawyer in town right now. He'll expose this for the scam and sham it is.
Fenimore Cooper: Rodney has a case, Jason.
Jason: What?
Fenimore Cooper: Pretty solid one, too, from what I can see.
Jason: But how? He was trespassing.
Fenimore Cooper: Not really. Witt's End is open to the public.
Jason: Not the roof.
Fenimore Cooper: Do you have a sign saying that?
Jason: Well, no.
Fenimore Cooper: Are there any obstacles that might have prevented him from climbing the roof?
Jason: No, but anybody.
Fenimore Cooper: There you go. And since the accident happened before closing hours.
Jason: Look, anyone with an ounce of common sense knows that they shouldn't climb on someone else's roof, especially in the dark.
Fenimore Cooper: The court isn't interested in common sense, only the law. And legal precedent is on Rodney's side.
Jason: What precedent?
Fenimore Cooper: Where have you been, Jason? These days, people win millions because they spill hot coffee on themselves. Rodney will be viewed as a victim. He's only a kid, after all. It's not his fault, he has no common sense. And you just admitted there are no signs around Witt's End stating he couldn't or even shouldn't climb upon the roof. So, it constitutes an attractive nuisance. And that can be worth big bucks.
Jason: Attractive nuisance? So, in other words, Rodney can sue me because I didn't prevent him from giving in to temptation?
Fenimore Cooper: In essence, yes.
Jason: What should I do?
Fenimore Cooper: Well, I have a suggestion, but you won't like it.
Jason: What?
Fenimore Cooper: Settle out of court. It's the quickest way to put this thing behind you.
Jason: You're right. I don't like it.
Fenimore Cooper: I'm afraid it's the best legal advice I can give you right now, Jason. Sorry.
Jason: Yeah, me too.
Jack: Settle? You're going to do it?
Jason: Well, I'm considering it.
Jack: Jason, you can't!
Jason: Look, I don't want to. I want to believe the justice system still works in this country. But I've also got to be realistic and consider what's best for Witt's End.
Jack: I'm flabbergasted by this whole thing. It just can't be possible that something this silly could be allowed to happen. Whatever happened to personal responsibility? Taking the consequences for one's actions?
Jason: Jack, remember who we're talking about here.
Jack: Yes, Rodney and Bart. From what I gather, they've never taken responsibility for their actions.
Jason: And when you add a lawyer like Wezelle to the mix.
Jack: All they can see is profit.
Jason: Hey. Hey, maybe we could show them a different side of this.
Jack: How?
Jason: The Room of Consequence.
Jack: Yes. Yes, that has definite possibilities. Oh, but Wezelle warned us to stay away from Bart and Rodney. We'll never get them into the room.
Jason: Who said anything about Bart and Rodney?
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Wezelle: If you wanted to settle, Whittaker, we could have done it over the phone.
Jason: We're not settling.
Wezelle: But you said you wanted to talk about the suit.
Jack: We do. We have information that is vitally important to the outcome of this case.
Wezelle: Well, it's highly irregular, but since I'm here, where is this information?
Jason: Right here. Welcome to the Room of Consequence.
Wezelle: You're joking.
Jack: Not at all.
Wezelle: Why is it so dark in there?
Jack: Well, the light will come on just as soon as we step inside. After you.
Wezelle: Oh, no, after you.
Jack: All right. See, no traps. Come on in.
Wezelle: What are you guys trying to pull?
Jack: We're not trying to pull anything. We just thought you might like to see a possible outcome of your case.
Wezelle: Possible?
Trent Mackey: This is Trent Mackey coming to you live from Odyssey Courthouse, where Rodney and Bart Rathbone have just won a stunning victory over Jason Whittaker and Witt's End.
Jason: Won? But we haven't gone to trial yet.
Jack: I know. You're seeing a possible outcome. One where you win.
Jason: Watch.
Trent Mackey: And here come the Rathbones now. Rodney, Rodney, many people feel that you don't deserve the huge settlement you've just won, that you're being rewarded for your irresponsibility.
Rodney: Well, obviously, the jury didn't see it that way, Trent.
Bart: Yeah, that's right. The justice system prevailed. Is this a great country or what?
Trent Mackey: Let's turn to the Rathbones' lawyer, Howard J. Wezelle. Mr. Wezelle, how do you respond to those who say that you shamelessly manipulated the jury, playing on their fears and greed to win what was essentially a frivolous lawsuit?
Wezelle: What do I do?
Jack: Answer him.
Wezelle: In the first place, I don't believe there is such a thing as a frivolous lawsuit. What happened here today is the American dream come true. Two little guys took on a big corporation and soaked it for all its worth.
Wezelle: To those who think me wrong, I say, don't knock it till you've tried it, because someday when you get hurt, you'll be happy I'm in your corner.
Jack: What happened?
Jason: Apparently, people are taking you at your own word.
Jack: They are?
Jason: Yes, this much publicized case has started a wave of lawsuits around the city.
Jack: And because you got so much publicity from the Rathbone trial.
Jason: Everyone wants you to represent them.
Guest (Female): Mr. Wezelle, I stepped off the curb the wrong way and twisted my ankle. I want to sue.
Guest (Male): Wezelle, I told my paperboy a thousand times, the paper goes on the porch, not in the front yard. I want to sue.
Guest (Male): Okay, so I broke in his house and I got cut on a hand by some shattered glass. There was no warning that the glass would do that. I want to sue.
Jack: You've become the most popular lawyer in town.
Wezelle: I have?
Jack: Yes, your phone is literally ringing off the wall with clients.
Wezelle: Wow! And they all want one thing.
Crowd: Sue, sue, sue!
Wezelle: This is fantastic!
Jack: You have more clients than you know what to do with.
Jason: So many, in fact, that you have to turn some down.
Jack: And that's when things start turning ugly.
Wezelle: Ugly?
Jack: Those clients you've turned down aren't happy about it.
Wezelle: Oh, no, not happy at all.
Guest (Female): You said you'd be there for me.
Guest (Male): Yeah, in my corner, fighting for my rights.
Crowd: What about it, Wezelle?
Wezelle: I can't handle everyone. I'm only human. What do you expect?
Guest (Female): If you don't take on my case, I'll sue you.
Wezelle: What?
Crowd: Yeah, me too! We'll all sue you!
Wezelle: Now, wait a minute!
Crowd: Sue Wezelle! Sue Wezelle! Sue Wezelle!
Wezelle: Now, hold it! You can't sue me for not representing you! That's completely ridiculous! It's a frivolous lawsuit!
Jack: There are no frivolous lawsuits. Remember?
Jason: It's the American dream come true.
Jack: The little guys taking on a big corporation.
Jason: And soaking it for all its worth.
Wezelle: For all its worth? But, wait! I'll be ruined! Hey! The name's Wezelle! You can't do this! You can't! Stop! Stop! Stop!
Jack: Mr. Wezelle, are you all right?
Wezelle: Is it over?
Jason: Yes, it's over.
Wezelle: So, what are you telling me? That that's what will happen if I pursue this case?
Jason: No, it's merely one possible, if a bit far-fetched, consequence of your action.
Jack: All we want, Mr. Wezelle, is to get you to see how painful it can be to be on the receiving end of something like this.
Wezelle: Well, I certainly do see that now. And it's helped me make a decision.
Jason: You mean you'll talk to Rodney about dropping the lawsuit?
Wezelle: No, I mean I'm going to file a suit of my own against you people.
Jason: What?
Wezelle: Harassment, emotional distress, defamation of character. Why, when I get through with you, I'll own this place lock, stock, and barrel. Gentlemen, I'll see you in court.
Trent Mackey: This is Trent Mackey, coming to you live from just outside the courtroom where the drama of the Whittaker trial has unfolded over the past few days. The jury is still deliberating, but we understand they are expected to hand down a verdict sometime today. And we will, of course, bring that to you as it happens.
Trent Mackey: Before that, though, we want to play for you some of the highlights of the closing arguments by both sides. Attorney Howard J. Wezelle for the prosecution, and in an unusual move, Fenimore Cooper has agreed to let Jack Allen wrap up the defense's case. We'll begin with Mr. Wezelle. Go ahead and roll the tape, Phil.
Wezelle: Ladies and gentlemen of the jury, the facts are before you. We have clearly seen the defendant's blatant disregard for even basic safety. Youngsters are repeatedly and maliciously encouraged to examine, discover, explore, all admittedly wonderful sounding words.
Wezelle: But are they so wonderful when stacked up against a child's well-being? Organizations like Witt's End that deal with youngsters must be held to a higher standard. We can demand no less for our children. And when they fail to meet that standard, as has been clearly proven in this courtroom, they must be held accountable and be made to pay. Make them pay, ladies and gentlemen of the jury. Make them pay! Duty demands it, honor demands it, justice demands it.
Jack: Our society places a great deal of importance on individual rights. It seems a day doesn't go by that someone isn't telling us they have the right to do something. And that's true. Rights are very important.
Jack: But there's a flip side to them that is hardly ever discussed these days. It's called responsibility. As the old song says, you can't have one without the other. But these days, people are trying to. And the sad thing is, they're succeeding. They've created a whole new class for themselves called victims.
Jack: "It's not my fault," they say. "Don't blame me. I'm a victim." "It was the way I was raised." "It was the neighborhood I grew up in." "I'm not responsible." And so, we excuse and even reward all sorts of bad behavior. And little by little our society decays and crumbles. Don't let that happen. You can stop it. You, me, we, the people. We make the laws. We can stop the decay. We just have to have the courage to do it.
Trent Mackey: As you heard, very heartfelt arguments on both sides. The outcome of this case is really up in the air. Wait, wait, something's happening! Yes, this is it! The jury is coming back in! We take you now to our live court cam, inside the courtroom for the verdict.
Guest (Male): All rise.
Guest (Male): This court is now in session. The Honorable Bailey F. Lee presiding.
Guest (Male): Be seated.
Guest (Male): Ladies and gentlemen of the jury, have you reached a verdict?
Guest (Male): We have, your Honor. In the case of Rodney Rathbone versus Jason Whittaker and Witt's End, we find the defendants guilty.
Wezelle: Yes! Guilty! I knew it!
Guest (Male): Order! Order! Order in the court!
Guest (Male): The jury is hereby ordered to retire and deliberate on the damages to be awarded to Mr. Rathbone.
Guest (Male): Beg pardon, your Honor, but we've already done that. It's right here on this paper.
Guest (Male): I see. Bailiff?
Guest (Male): That's why we took so long. We wanted to make sure we all agreed.
Guest (Male): Thank you. Yes, I think this is fair and adequate compensation. Mr. Whittaker.
Jason: Yes, your Honor.
Guest (Male): You are hereby ordered to pay Rodney Rathbone the complete and total amount of $1.
Rodney: What? $1?
Jason: Thank you, Your Honor. I think I can handle that.
Bart: Hey, wait a minute, a dollar? That's it? One dollar?
Wezelle: This is outrageous! We'll appeal!
Guest (Male): You have every right to do so, Mr. Wezelle, but I should warn you that the appeals courts in this district are far less friendly toward frivolous lawsuits than am I.
Wezelle: Less friendly?
Guest (Male): Oh, yes. They've even been known to bring attorneys who pursue such cases up on charges before the bar. So you pursue any further action in this matter at your own risk. This court is adjourned.
Jason: Gentlemen, congratulations on your win.
Bart: And it's been nice knowing you.
Rodney: Been nice knowing you? Aren't you going to appeal?
Wezelle: And be brought up before the bar? You must be joking.
Jack: Congratulations, Rodney.
Jason: Yes, here's your dollar.
Rodney: I'll take that.
Wezelle: Hey! Consider it a down payment on my bill. Good day.
Rodney: Hey, you can't leave! You got to appeal! Give me back my buck! We'll sue!
Jason: Well, even though we lost, it looks like justice was served after all.
Jack: Yes, but you realize we're never going to be able to operate Witt's End the same way again. We'll have to be extra, extra careful from now on.
Jason: Yeah. Starting with a sign that says, "Keep off the roof."
Jack: We lost more than a court case today. We lost some of our innocence. And that's the real victim.
Chris: You know, blaming others for our bad behavior is as old as mankind itself. In fact, it started with the very first man, Adam. In Genesis chapter 3, when God asked Adam if he had eaten the forbidden fruit, Adam replied, "You gave this woman to me and she gave me the fruit from the tree, so I ate it." Just like Rodney, Adam tried to blame someone else for something he did wrong. But God knew better then, and he knows better now. That's why when you do something wrong, it's always best to own up to it. Take responsibility for your actions and face the consequences bravely.
Chris: Well, that's all for now. If you'd like to write to us, we'd sure love to hear from you. Just send your card or letter to: Adventures in Odyssey, Colorado Springs, Colorado, 80995. Or in Canada, write to: Box 9800, Vancouver BC, V6B 4G3. And when you do, ask about how you can get your own copy of today's episode. It's called, "A Victim of Circumstance." That address again is: Adventures in Odyssey, Colorado Springs, Colorado, 80995.
Chris: Adventures in Odyssey is a presentation of Focus on the Family. "A Victim of Circumstance" was written and directed by Phil Lollar. Our production engineer was Mark Drury, and our executive producer, Chuck Bolte. And I'm Chris, hoping you'll join us again next time for more Adventures in Odyssey.
Featured Offer
Life can be a bit like a roller coaster -you just never know what's around the next bend! The folks in Odyssey, young and old alike, are learning some very important things lately: being responsible for yourself, accepting and understanding others, and being a friend even when it isn't easy. Whether, it's a peak, a valley or a hairpin curve, you're guaranteed a fun-filled, action-packed ride with the gang from Odyssey!
Featured Offer
Life can be a bit like a roller coaster -you just never know what's around the next bend! The folks in Odyssey, young and old alike, are learning some very important things lately: being responsible for yourself, accepting and understanding others, and being a friend even when it isn't easy. Whether, it's a peak, a valley or a hairpin curve, you're guaranteed a fun-filled, action-packed ride with the gang from Odyssey!
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About Focus on the Family
Focus on the Family is a global Christian ministry dedicated to helping families thrive. We provide help and resources for couples to build healthy marriages that reflect God’s design, and for parents to raise their children according to morals and values grounded in biblical principles.
We’re here to come alongside families with relevance and grace at each stage of their journey. We support families as they seek to teach their children about God and His beautiful design for the family, protect themselves from the harmful influences of culture and equip themselves to make a greater difference in the lives of those around them.
No matter who you are, what you’re going through or what challenges your family may be facing, we’re here to help. With practical resources — like our 1-800 Family Help line, counseling and websites — we’re committed to providing trustworthy, biblical guidance and support.Contact Adventures in Odyssey with Focus on the Family
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