Speaker 1: Yeah, with.
Speaker 2: You need advice, you don't have.
Speaker 3: Come running just as fast as we can.
Speaker 2: Shooter's gonna help.
Speaker 3: Come.
Speaker 4: Dix, It's the Troubleshooter Show. Now Tom Martino.
Speaker 5: Well, we don't have Tom Martino. We have Marco Bendinelli
Speaker 5: in the studio today. I am filling in for Tom
Speaker 5: Martino and Mark Major, who happened to be out. We
Speaker 5: can talk a little bit about that later, about where
Speaker 5: they are and what they're doing. Uh, But we have
Speaker 5: a great show uh lined up for you today. We
Speaker 5: are ready for your calls. So dial in. Should you
Speaker 5: have a question a problem? Three oh three Martino three
Speaker 5: O three seven one three.
Speaker 6: Eight two five five.
Speaker 5: You are listening to the Troubleshooter Show, and you probably
Speaker 5: know that this is the home of the consumer advocate,
Speaker 5: the people champion, the Tom Martino Show. And as Tom
Speaker 5: would say, have you been ripped off taking advantage?
Speaker 6: Do you need some help? Well, we are here to help.
Speaker 5: For over forty five years, Tom has been listening to
Speaker 5: your complaints, answering your questions, and solving your problems. Hundreds
Speaker 5: of millions of dollars in cash, merchandise and services have
Speaker 5: been recovered. And so if you have any of those
Speaker 5: things that you'd like to talk about. Call us now
Speaker 5: three O three and call early because we have some
Speaker 5: lines open three three Martino, and you can also email
Speaker 5: us at help at troubleshooter dot com.
Speaker 6: Now again, I am Marco Bendinelli.
Speaker 5: I am pleased, honored, privileged to be filling in for
Speaker 5: Tom and Mark. This is my first time doing this.
Speaker 5: I am excited to be here. We have a great
Speaker 5: show lined up for you today. We have a special
Speaker 5: guest coming in in a couple hours, a former lieutenant
Speaker 5: of the Aurora Police Department, Gary Millspaw, and he'll be
Speaker 5: here to answer your questions, tell you some stories, and
Speaker 5: it'll be, I'm sure, very exciting and interesting.
Speaker 7: Absolutely, Marco, and I think one of the reasons it's
Speaker 7: going to be so entertaining is it's going to be
Speaker 7: our first ever ask me anything session. So if any
Speaker 7: of us, like me and like you who's a big
Speaker 7: time lawyer, and any of our listeners have for I
Speaker 7: wanted to ask a real cop with about fifty years
Speaker 7: experience anything, how to get out of a ticket, How
Speaker 7: do you know if they're going to write you a
Speaker 7: ticket or give you a warning? How many donuts do
Speaker 7: they really eat in the day? Man, this is the
Speaker 7: day to start calling in.
Speaker 6: I'll tell you that sounds.
Speaker 5: I don't know how exciting the donut question is, but
Speaker 5: those other ones are relevant and interesting.
Speaker 6: Now, my name again is Marco Bendinelli.
Speaker 5: I am an owner and founder of the Bendinelli Law Firm.
Speaker 5: I've been a practicing lawyer since nineteen ninety five, which
Speaker 5: some people would say that is thirty years. I would
Speaker 5: say that makes me old, okay, but anyway, I experienced experience, right, tenured, mature.
Speaker 6: Anyway.
Speaker 5: We can be found at COEO Law Firm dot com.
Speaker 5: CEO like Colorado so wwwco Law Firm dot com. And
Speaker 5: you can call my law firm if you need me
Speaker 5: for any reason at I could be reached at one
Speaker 5: eight hundred Attorney, one eight hundred Attorney. So if you
Speaker 5: wonder if you have a case you need some legal advice,
Speaker 5: you have a question for me, I can be reached there,
Speaker 5: not today, but I can be reached at one eight
Speaker 5: hundred attorney.
Speaker 8: So Marco, will you pick up if somebody calls one
Speaker 8: eight attorney?
Speaker 5: Well, I hope the line would be answered, but not
Speaker 5: by me personally. But I am there. You know, I'm
Speaker 5: there forty hours a week. Even though I'm not a
Speaker 5: young man. I love what I do. You know, we
Speaker 5: have a personal injury law firm, and somewhat like Tom,
Speaker 5: you know, it's a little different, but we help people,
Speaker 5: you know, and for thirty years. I've been in Colorado
Speaker 5: since nineteen ninety seven, and I opened up in my basement. Honestly,
Speaker 5: now we have about thirty people strong.
Speaker 9: Now thirty people yet thirty people working for you.
Speaker 6: Yes, sir.
Speaker 5: And we have attracted some of the best legal talent
Speaker 5: in the state.
Speaker 6: And we help people, you know.
Speaker 5: So the premise when I opened up my law firm
Speaker 5: was that we want to practice law with excellence, and
Speaker 5: we want to practice law with integrity. And we are
Speaker 5: personal injury. So people that find themselves injured by the
Speaker 5: negligence of another, they call us and.
Speaker 6: We get them justice.
Speaker 5: And unlike most law firms, we try more cases than
Speaker 5: just about any other law firm in the state because
Speaker 5: we don't allow our clients to be pushed around, and
Speaker 5: I think we are different in that regard. We require justice,
Speaker 5: and you know, we don't sell our clients down the river.
Speaker 5: And so we had a lot of trial experience and
Speaker 5: that's what we do. I've actually set some records in
Speaker 5: this state.
Speaker 6: I have, Yeah, I have.
Speaker 9: Can you tell us, Marco, Well, I'll tell.
Speaker 5: You I have two seven figure verdicts within thirty days
Speaker 5: of one another, and they were against big corporations. And
Speaker 5: by the way, that's been verified by the Colorado Jury
Speaker 5: Verdict Reporter, who is a service that keeps track of
Speaker 5: all the jury verdicts in the state. And uh so
Speaker 5: I've set a record in that regard. And you know,
Speaker 5: we we've we've we've accomplished some sizeable verdicts, and a
Speaker 5: lot of those verdicts have come, you know, when the
Speaker 5: insurance company has really been insulting our clients, you know,
Speaker 5: and so we we take them the task and uh
Speaker 5: and we've had a lot of success.
Speaker 8: So, Marco, I have a question on these successful verdicts.
Speaker 8: Where these achieved by your firm actually going to trial.
Speaker 5: Well, that's that is a verdict. Uh When you say verdict,
Speaker 5: that means that it went to trial. Anything anything other
Speaker 5: than that would be a settlement.
Speaker 9: Okay, that's a difference.
Speaker 8: And I like the way that your firm actually it
Speaker 8: takes is not a afraid to go to triut because
Speaker 8: I think a lot of these personal injury attorneys that
Speaker 8: I've talked to and dealt with, they're just more interested
Speaker 8: in doing that backdoor settlement without really testing the waters
Speaker 8: and going to trial because I know there's a lot
Speaker 8: of preparation and time to go to trial, and I
Speaker 8: think a lot of PI attorn attorneys.
Speaker 9: Just don't do it.
Speaker 8: They just look for an easy, you know, conference call settlement.
Speaker 5: It's true, and you know, and that does separate us.
Speaker 5: And you know, there's a lot of lawyers on television
Speaker 5: and radio that you know that that are vuying for
Speaker 5: your attention and your business. And but what the public
Speaker 5: doesn't understand is that, like BO said, or Deputy by
Speaker 5: the way, I'm gonna interrupt myself and say, we have
Speaker 5: some wonderful deputies here today. We have Deputy Dmitri and
Speaker 5: Deputy both and.
Speaker 6: I am really glad they're here to accompany me.
Speaker 5: But getting back to what I was saying, a lot
Speaker 5: of the general public don't understand that when you call
Speaker 5: a law firm and you have a case, they'll take
Speaker 5: your case. But you know, you got to ask them,
Speaker 5: do you have a trial calendar?
Speaker 6: Are you really doing pushback? You know, we have in
Speaker 6: my office.
Speaker 5: We have a litigation meeting every week every Wednesday. I
Speaker 5: run it and with all the lawyers, and we've got
Speaker 5: a heavy litigation calendar, and that's an indication that we
Speaker 5: push back.
Speaker 3: You know.
Speaker 5: And you know, when I was a young, young lawyer
Speaker 5: a long time ago, I had a mentor who was
Speaker 5: the president of the Colorado Trial Lawyers Association, and I
Speaker 5: really looked up to that man. His name was Larry Lee.
Speaker 5: He was a practicing attorney in Boulder, Colorado, and he
Speaker 5: kind of took me under his wing. And you know
Speaker 5: I used to look at him with fifty and pieces
Speaker 5: in my eye. I mean, I just the guy could
Speaker 5: do no wrong. Whatever he said was gospel. And as
Speaker 5: he was, you know, training me or you know, raising
Speaker 5: me up, so to speak, he told me that one
Speaker 5: hundred percent of your cases.
Speaker 6: Are not made to settle.
Speaker 5: And you know what that meant to me is that,
Speaker 5: you know, to have any to do personal injury practice,
Speaker 5: personal injury law, and have any self respect, you know,
Speaker 5: you need to be trying cases. And I've been a
Speaker 5: featured speaker at the Colorado Trial Lawyers Association annual convention.
Speaker 5: You know, sometimes just in Steamboat or Veil or you know,
Speaker 5: one of these nice places for the weekend and happens
Speaker 5: every August. And I've actually been honored to be asked
Speaker 5: to speak at the CTLA convention a number of times
Speaker 5: over over my career. And you know, at one point,
Speaker 5: you know, I said to the trial lawyers, I said,
Speaker 5: we are the Colorado Trial Lawyers Association, and why is
Speaker 5: it only fifteen or twenty percent of our membership is
Speaker 5: actually trying cases? You know, it wasn't a popular message.
Speaker 5: I hope, I hope I don't get any blow back
Speaker 5: from saying that on the air, But you know it's true.
Speaker 5: And you know, you want to hire a lawyer when
Speaker 5: you have an issue that really is a competent litigator.
Speaker 5: Not that your case is guaranteed to go to trial,
Speaker 5: but you're guaranteed that you know your lawyer is going
Speaker 5: to push back and and you know, so there's a
Speaker 5: lot of lawyers, like I said on the television, on
Speaker 5: the radio, and but you know, insurance companies don't respect
Speaker 5: settlement meals.
Speaker 6: You know, they don't respect settlement what meals?
Speaker 5: M I l LS old mills Like okay, I understand, yeah,
Speaker 5: you know, like you know, like a Deputy Beau was saying,
Speaker 5: you know, they settle everything, and you know, obviously they're
Speaker 5: not paying top dollar to those firms because they know
Speaker 5: that they're not going to go to trial.
Speaker 8: And well, Morco, wouldn't they like that if the insurance
Speaker 8: company knows you're not going to trial, because that means
Speaker 8: the settlement is going to potentially be a lot.
Speaker 6: Less well exactly exactly. Uh.
Speaker 5: You know, so the insurance companies keep a dossier on
Speaker 5: every lawyer in the state, and.
Speaker 6: It matters who your lawyer is.
Speaker 5: I mean, we've had I've had a seven figure verdict
Speaker 5: in twenty twenty four on a case that we were
Speaker 5: offered like, you know, forty thousand dollars and we you know,
Speaker 5: had a seven figure verdict. So anyway, Uh, so we
Speaker 5: are looking for your calls. We are ready to answer
Speaker 5: your questions. Uh three oh three Martino, that's three three
Speaker 5: six two eight four sixty six. Uh, it's about time.
Speaker 6: For a break, so we will be right back.
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Speaker 11: You don't pay a cent until you're content.
Speaker 10: Time for an insurance checkup, free no obligation comparison call
Speaker 10: Compass Insurance paying too much your coverage at dozens of
Speaker 10: insurance companies.
Speaker 5: Find out now three all three, seven, seven to one help.
Speaker 10: You'll think you're his only customer when you choose Frank
Speaker 10: durand the real estate man dot com to list your
Speaker 10: home with Remax Alliance three oh three nine two zero
Speaker 10: sixteen twenty two.
Speaker 5: Anytime we are back. Uh, we have open lines. We
Speaker 5: are looking for callers, So right now, before we get busy,
Speaker 5: take the opportunity, give us a call three oh three
Speaker 5: Martino or three oh three seven to one three talk.
Speaker 6: My name is Marco Bendinelli.
Speaker 5: I'm filling in for Tom Martino and Mark Major, who
Speaker 5: is not in.
Speaker 6: The studio today.
Speaker 5: And so I am a lawyer and in Denver and
Speaker 5: have been practicing for thirty years.
Speaker 6: Sometimes you know that's a double waged sword.
Speaker 5: You know, it inspires confidence because people know your experience,
Speaker 5: but it also communicates you know that you've been around
Speaker 5: for a long time.
Speaker 6: So I'd rather be thirty five.
Speaker 5: But you know, at age thirty five you don't have
Speaker 5: thirty years of experience.
Speaker 6: So you know it comes with the territory, Marco.
Speaker 7: If it's if it's not inappropriate, I'd like to talk
Speaker 7: to you about some of the torts that are committed,
Speaker 7: you know, from your perspective as a plaintiff's injury lawyer,
Speaker 7: some of the torts that are committed by minors.
Speaker 6: I think there are a lot of misconceptions.
Speaker 7: Out there about Hey, if a minor did it, his
Speaker 7: parents are automatically financially responsible, regardless of insurance. But so,
Speaker 7: for example, where I live, there are a lot of
Speaker 7: these scooters, you know, the red by the hour scooters,
Speaker 7: and they are absolutely driven recklessly on the sidewalks on
Speaker 7: the roads. And it was sometime last year I observed,
Speaker 7: while stopped at a red light, I observed a scooter
Speaker 7: smashed into a car that was also stopped on the
Speaker 7: other side of me, the other side of the red light,
Speaker 7: and clearly did a lot of damage to the car.
Speaker 7: The rider of the scooter miraculously seemed to be uninjured,
Speaker 7: or at least uninjured to the extent that he got
Speaker 7: up and took off running faster. And I've ever seen
Speaker 7: anybody run really, So what can the driver of this
Speaker 7: car do other than making a claim on his insurance policy,
Speaker 7: Because you know, a lot of people don't have comp
Speaker 7: and collision insurance. They just have you know, for Lucky,
Speaker 7: they just have the state mandated me to him minimums.
Speaker 7: What can this what can this driver do to have
Speaker 7: his damage just mitigated?
Speaker 6: If anything? Okay?
Speaker 5: Well, you know, first of all, when we are contacted
Speaker 5: by people that are injured or you know injured really uh,
Speaker 5: it's usually the rider, uh you know, where there may
Speaker 5: be a claim that you know, insufficient training. Uh, the
Speaker 5: the I don't know what you call.
Speaker 6: Them scooters or things you stand on.
Speaker 5: You know, you see him downtown all the time, and
Speaker 5: it's usually like you know, bad design.
Speaker 6: The wheels are too small to take bumps right.
Speaker 5: And and so uh, you know, my experience has been
Speaker 5: from that angle. Now, as far as a victim of
Speaker 5: property damage from one of these things, I would assume,
Speaker 5: and I'm not positive, and I could look into this
Speaker 5: for you, but I would assume that the commpathy, you.
Speaker 6: Know, whether it's Lyft or what's the other one.
Speaker 7: There's a Ginger has their I think Hooper has their
Speaker 7: hand in his business, and there's some other one.
Speaker 6: There three big ones downtown.
Speaker 5: Right, Lime, I think there's one, right, that's the one
Speaker 5: I was trying to think of, and anyway, I would
Speaker 5: assume that they have liability, uh, some type of liability
Speaker 5: insurance on their scooters and so.
Speaker 6: You know, but but.
Speaker 5: To segue off of that, a lot of times uh,
Speaker 5: you know, getting away from scooters. But but young people
Speaker 5: causing accidents, are causing injuries. You are correct in that
Speaker 5: a minor, the parents are responsible for the damages caused
Speaker 5: by the minor. And so when we, for example, we
Speaker 5: file a lawsuit, we have to include a special claim,
Speaker 5: uh the family car doctrine, so to speak, you have
Speaker 5: to plead that when you're filing a loss suit when
Speaker 5: the vehicle was operated by a minor. But again, most
Speaker 5: of our experience or exposure with the scooter stuff, you know,
Speaker 5: it's from people getting her from operating them. So I
Speaker 5: don't know if Lime and Lift and Uber has insurance
Speaker 5: on their scooters.
Speaker 6: I would assume they would have to. You know, Yeah,
Speaker 6: it just totally makes sense.
Speaker 7: But it also feels like their business model is kind
Speaker 7: of reckless in the sense that they give this scooter
Speaker 7: or one of those electric bicycles to anybody regardless of
Speaker 7: their impairment. A lot of these people that I see
Speaker 7: are I mean, they're clearly intoxicated. They're smoke coming out
Speaker 7: of their mouth while they're riding. Now, Marco, if I
Speaker 7: gave an electric scooter to somebody who go zoom down
Speaker 7: the sidewalk who I know has been smoking dope, right,
Speaker 7: you know, his eyes are slightly crossed and you know
Speaker 7: he's eating funions, wouldn't I incurse some sort of a
Speaker 7: liability in this manner?
Speaker 6: You know, it's gonna be really hard to screen.
Speaker 5: I think, well, you know, I was in Chicago one
Speaker 5: time personally and I had to and I needed to
Speaker 5: get around.
Speaker 6: And you know, when you're.
Speaker 5: Downtown, it's not very practical to call a cab all
Speaker 5: the time or get an uber if you're going you know,
Speaker 5: a half a mile away, and so it was really convenient,
Speaker 5: and I downloaded the Lime app okay, and you know, yeah,
Speaker 5: I'm a former semi athletic gentleman, but so I have
Speaker 5: a little bit of balance.
Speaker 6: But anyway, it made.
Speaker 5: It took me through these series of questions, uh, you know,
Speaker 5: and uh, it asked.
Speaker 6: Me some things, and I.
Speaker 5: Guess that was there to shield them for some type
Speaker 5: of liability. And you know, and I think that in
Speaker 5: some ways, you assume the risk, you know, when you uh,
Speaker 5: you know, download the app and run a scooter, you've
Speaker 5: got to know that, you know, you know, they're they're
Speaker 5: potentially dangerous. So wait, we got some calls on the line.
Speaker 5: We have Margaret, she has an issue with one source
Speaker 5: air conditioning. Thanks for calling Margaret.
Speaker 6: We got Jim. Oh, looks like Margaret ran out of patience.
Speaker 5: Margaret ran out of patience, called back. Margaret called back.
Speaker 5: You only were on hold a couple of minutes. But
Speaker 5: we do have Jim. He has a question about being served.
Speaker 5: So Jim, you need you.
Speaker 6: Need to tighten up that that question a little bit.
Speaker 5: Being served you mean served with a lawsuit or served liquor.
Speaker 7: A margarita, served with a cold pizza.
Speaker 12: Okay, I told Kelly the situation, but it was a
Speaker 12: convoluted story, am.
Speaker 1: I on the air?
Speaker 6: Oh yes, okay, cool.
Speaker 12: So basically, my son got into a business disagreement with
Speaker 12: a guy from New Jersey, right, okay, and uh my
Speaker 12: son actually lives out of state, but we do have
Speaker 12: a houis and call out of here. So he uh,
Speaker 12: you know, they're trying to do the lawsuit here because
Speaker 12: some of the the situation was was the packages that
Speaker 12: were sent were sent to this state.
Speaker 6: Jim Jim, Jim, Jim Jim, you need to back up
Speaker 6: a little bit.
Speaker 5: Okay, you need to explain to us a little bit
Speaker 5: about this business dealing. You know, was your son of
Speaker 5: Colorado resident? How old is your son? Who's this guy?
Speaker 5: You know, this individual from New Jersey?
Speaker 12: Yeah, he was eighteen when this happened. And technically he
Speaker 12: doesn't have a residency here because he's working internet why businesses,
Speaker 12: you know, things like that.
Speaker 6: But we live What state is he in?
Speaker 12: He's in Florida and he has a place in Montana
Speaker 12: as well.
Speaker 7: Okay, so he lives in Florida and the counterparty to
Speaker 7: this business transaction is from New Jersey and you're in Colorado.
Speaker 6: Okay, now I think we got the lay of the land. Okay,
Speaker 6: what kind of business?
Speaker 13: Okay?
Speaker 12: So basically it's electronic whole selling.
Speaker 6: Okay, electronic whole selling.
Speaker 12: Go ahead, Yeah, he sells electronic uh items, Well, he
Speaker 12: advise himself.
Speaker 6: So I wasn't home.
Speaker 12: And a course server supposedly came by the house. There
Speaker 12: was a lady working in my garage packing boxes, and
Speaker 12: he walks out. He goes, I'm looking for blank, like blank,
Speaker 12: which is my son, and she said, he doesn't live here.
Speaker 12: He lives in Florida. He goes, well, we've tried to
Speaker 12: find him. He kept, you know, kind of muttering his name.
Speaker 12: He goes, well, you've been served. And he walked throws
Speaker 12: the paperwork on the ground.
Speaker 6: And lease, okay, where where were you?
Speaker 5: I was not in the house.
Speaker 13: I was at a home, deef, I believe at the time.
Speaker 6: But I mean you're in Colorado.
Speaker 12: Yes, I am in Colorado.
Speaker 7: In Colorado, his son, who lives in Florida, was sounds like,
Speaker 7: isn't this the definition of gutter service where you throw
Speaker 7: the paperwork on the on the ground, you.
Speaker 5: Know, so if someone refuses service, then you can do
Speaker 5: that and uh, and then the process server fills that
Speaker 5: an affid. David was called an affidavit of service.
Speaker 12: What he was telling he was saying, well, I'll just
Speaker 12: tell him because the person has I said, she asked,
Speaker 12: who are you, what's your name, what's the company you
Speaker 12: worked for?
Speaker 1: Blah blah blah. Because I don't want you're.
Speaker 12: Not gonna get any that. I'm just gonna file an
Speaker 12: affidavit in the court that you've been served. Well, it
Speaker 12: just says on the ground and leave, so you know.
Speaker 5: So that would be that so that would be subject
Speaker 5: to emotion to quash. And that's that's what we would
Speaker 5: would call an emotion quash because it was ineffective service.
Speaker 5: And okay, so when the when the court, you know,
Speaker 5: says that, uh, this gives you an indication that an
Speaker 5: answer is due, right, because you initiate a lawsuit with
Speaker 5: something called a complaint and you have to serve that
Speaker 5: complaint on the defendant. And when the court indicates that
Speaker 5: the answer is due instead of filing an answer, he
Speaker 5: fouled motion quash.
Speaker 7: So Jim, now what court is he being sued in?
Speaker 7: Is it here in Colorado, Florida or New Jersey?
Speaker 12: Yeah, it's Jefferson County.
Speaker 7: Oh okay, So Marco, if Jim's son files this motion
Speaker 7: to quash right because of bad service, isn't he in
Speaker 7: a fact admitting that, hey, he's aware of this legal
Speaker 7: process that started against him and therefore he's obligated to respond.
Speaker 7: Isn't that the entire point of serving somebody?
Speaker 5: So look, you guys are starting off in the in
Speaker 5: the deep end of the pool jurisprudential.
Speaker 6: That's the deep end.
Speaker 3: You know.
Speaker 6: This is a little complicated because the.
Speaker 5: Person that files the motion to quash the lawyer, he
Speaker 5: can make a what's called a limited appearance, and so
Speaker 5: he's not actually appearing.
Speaker 6: To defend the laws.
Speaker 5: Totally makes sense and so but anyway, we're gonna have
Speaker 5: to take another break and we'll be right back. And Jim,
Speaker 5: if you want to stay on the line, go right ahead,
Speaker 5: day on, Jim, I want to hear about the lawsuit.
Speaker 5: We'll be right back.
Speaker 10: Go with a sure thing Denver's best roofer Excel Roofing
Speaker 10: dot com.
Speaker 11: You don't pay a cent until you're content.
Speaker 10: Time for an insurance check up free no obligation comparison
Speaker 10: call Compass Insurance paying too much your coverage at dozens
Speaker 10: of insurance companies find out now three O three seven
Speaker 10: to seven to one help. You'll think you're his only
Speaker 10: customer when you choose Frank durand the real estate Man
Speaker 10: dot com to list your home with Remax Alliance three
Speaker 10: three nine two zero sixteen twenty two.
Speaker 5: We are back Marcco Bendinelli from Bendinelly Law Firm, filling
Speaker 5: in or Tom Martino and Mark Major, who are not
Speaker 5: in the studio today. We have a couple of lines open,
Speaker 5: Jim still holding. We're going to get back to Jim.
Speaker 5: But give us a call, UH, with any problems that
Speaker 5: you have. We are here to listen to your complaints,
Speaker 5: to answer questions, and to solve your problems. Now, in
Speaker 5: addition to that, I'm a legal expert, so we have
Speaker 5: so we can expand the areas that you can call
Speaker 5: and ask questions on.
Speaker 6: UH.
Speaker 5: So give us a call three oh three seven one
Speaker 5: three talk or three oh three Martino, Jim. We're gonna
Speaker 5: get back to you now and UH.
Speaker 6: And we're gonna we're gonna hear from you.
Speaker 5: So, did you have any further questions about about your
Speaker 5: uh your service question?
Speaker 14: Well, the only the only question I have is how
Speaker 14: are we supposed to know that this that he actually
Speaker 14: filed a lawsuit based on that bad service?
Speaker 5: Well, because because the lawsuit would have a complaint number
Speaker 5: in Jefferson Counnie and you can.
Speaker 12: We're supposed to keep following up with them and see
Speaker 12: if there is something filed.
Speaker 5: Well, I mean you got sir, I mean there was
Speaker 5: an attempt to serve you and Marco.
Speaker 6: Wouldn't they complaint to be attached to the summons?
Speaker 5: Absolutely?
Speaker 3: So?
Speaker 7: How many pages? How many pages is the packet that
Speaker 7: the de dropped in your driveway?
Speaker 12: Look like maybe a half a dozen.
Speaker 7: Okay, so somewhere in those So the first page or
Speaker 7: two is what's called a summons. It tells you what
Speaker 7: your answer is due and which court to file it in,
Speaker 7: and then the subsequent pages there will be like another
Speaker 7: page for a counterclaim.
Speaker 6: Is it small claims by any chance?
Speaker 5: Or is it just gonna ask?
Speaker 1: No?
Speaker 12: No, Unfortunately it's six figures.
Speaker 6: Oh so that's just cour territory. So you'll see some
Speaker 6: of those pages.
Speaker 7: They'll have numbered paragraphs and it will be like an
Speaker 7: introduction and parties, and I'll say, the Jersey guy does this,
Speaker 7: the Florida guy does that. Here the details of the
Speaker 7: transaction we entered to. Here's how it got bad, and
Speaker 7: here's why I'm suing it. Here's why, here's how much
Speaker 7: I'm demanding. Now, if the gutn Service didn't include that,
Speaker 7: you can just show up at the courthouse and for
Speaker 7: a whopping twenty five cent a page, they'll print out everything.
Speaker 6: That's on file over there for you in that case.
Speaker 6: Isn't that right? Marco? That is correct?
Speaker 5: And you know what Dmitrie is really impressive because I
Speaker 5: was here, I was here prior on prior occasion previously,
Speaker 5: and Tom Martino really impressed me with how much he
Speaker 5: knew about.
Speaker 6: The law and he's not a lawyer.
Speaker 5: And you know, now coming in second is Dmitri understanding
Speaker 5: the contents of a complaint. The you know, different different jurisdictions,
Speaker 5: jurisdictional limits as to whether you're in district court, small
Speaker 5: claims court, county court, and then municipal court. But anyway,
Speaker 5: so this show is is honored to have Dmitri. Who Dmitri,
Speaker 5: you know.
Speaker 7: A lawyer, no Marco, But I'm a pro say litigant.
Speaker 7: I do file quite a few cases against spammers. That's
Speaker 7: kind of like my specialty. So that's what that's what
Speaker 7: I do in my spare time. And so in my
Speaker 7: general study of court procedures and Colorado civil procedures and
Speaker 7: the federal court civil procedures, I encountered a lot of
Speaker 7: these terms.
Speaker 5: Well, that's really interesting. You're gonna talk to me about that?
Speaker 7: All I'm going to I'm going to tell you about
Speaker 7: a nice five figure settlement from last week.
Speaker 6: Can impress you?
Speaker 5: Maybe we can talk about that on year, noting on
Speaker 5: how comfortable you are with that.
Speaker 7: Well, it turns out I'm not supposed to talk about
Speaker 7: it for confidentiality purpose, okay, so otherwise I might not
Speaker 7: get the entire five figures.
Speaker 5: Well, so there is a confidentiality provision in the settlement agreement.
Speaker 6: Yeah, okay.
Speaker 7: It turns out big corporations are you know, they're totally
Speaker 7: into that kind of thing. But I have plenty of
Speaker 7: others I can talk about freely because people didn't think
Speaker 7: about confidential.
Speaker 6: Yeah, okay. Spammers, I don't even know what that means.
Speaker 7: So, oh man, they're a scourged These are vile, vile creatures.
Speaker 7: But Marco, if you don't mind, I'd like to ask
Speaker 7: Jim about the lawsuit. How did what was the deal,
Speaker 7: how did it go bad? And why is the Jersey
Speaker 7: guy suing your son?
Speaker 13: Okay, So here's what happened.
Speaker 12: My son was kneeling in wholesale shoes at the time,
Speaker 12: and he sent him one thousand and fifty pairs of
Speaker 12: shoes were delivered to his residence in Jersey and he
Speaker 12: was supposed to ship him to OZ and he came
Speaker 12: up with this bs, your shoes got flooded, and he
Speaker 12: sat like a cartoon picture of shoes floating in the water.
Speaker 6: Oh wait, so the Jersey guy, the Jersey guy.
Speaker 7: Not to anyone's surprise, some guy in New Jersey stole
Speaker 7: a thousand and fifty pair of shoes from your son.
Speaker 7: And then the Jersey guy is suing your son. Why
Speaker 7: because they weren't eleven hundred pairs of shoes.
Speaker 6: For him to steal.
Speaker 12: Well, then my son, we were on a panic. We're like, well,
Speaker 12: there's a one hundred thousand dollars gone. So we were
Speaker 12: in a panic. And then he had a bunch of
Speaker 12: shoes that he needed to dump. So my son talked
Speaker 12: to him into sending those shoes that he had to
Speaker 12: us because we said he said, hey, I've got a
Speaker 12: buyer for those and I can cast you out right away.
Speaker 12: I mean, it was basically a way to recoup.
Speaker 7: Our loss, O Marco. Isn't that called self help? And
Speaker 7: isn't that the downfall of many a litigant?
Speaker 6: Well, I don't want to.
Speaker 5: You know, the pun would be those shoes were made
Speaker 5: for walking, not for floating.
Speaker 6: Not for floating.
Speaker 5: But it sounds like a mess.
Speaker 6: So the Jersey guy.
Speaker 12: And after that, after the Jersey guy was mad because
Speaker 12: he didn't get recompensated for the shoes that he sent us.
Speaker 12: So he went in and used my son's bank account
Speaker 12: and paid off two hundred thousand dollars worth of his
Speaker 12: credit cards. Well, we got all that reversed, and.
Speaker 5: Any access, why and.
Speaker 13: How well you got access?
Speaker 12: All it takes is a routing number and an account number,
Speaker 12: and he plugged those into his credit cards and basically
Speaker 12: paid him with just I mean it's not every turn
Speaker 12: every check, you right, those student things.
Speaker 6: Yeah, Marco, I can see how that works.
Speaker 7: I pay stuff online with my checking account, and all
Speaker 7: they ask for is I mean, you can write me
Speaker 7: a check and I can start paying bills out of
Speaker 7: your account.
Speaker 6: Man, it's it's a criminal.
Speaker 15: We got that reversed.
Speaker 12: We got that reversed, and then he went in didn't
Speaker 12: like that, so we got my He had my American
Speaker 12: Express card and he charged fifty one thousand dollars against that.
Speaker 12: We got that reversed. It took about two months for
Speaker 12: them to do the research to see worthy were purchased,
Speaker 12: where the shipments went. So we got that reversal. So
Speaker 12: I'm actually thinking about going to the FBI cyber Crimes
Speaker 12: and filing a final a place report with them for
Speaker 12: all the fraudulent Interstate FRAUDI Committee against us.
Speaker 5: Well at the at the minimum you have counter claims
Speaker 5: against him. So should this guy ever, you know, get
Speaker 5: proper service and you do have a responsibility or an
Speaker 5: obligation to fil what was called an answer to the complaint,
Speaker 5: then you would probably include counter claims. And we'll be
Speaker 5: right back. And thanks for calling. Jim.
Speaker 10: Go with a sure thing Denver's best roofer Excel Roofing
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Speaker 11: You don't pay a cent until you're content than.
Speaker 10: Time for an insurance checkup free no obligation comparison call
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Speaker 10: insurance companies find out now three O three seven seven
Speaker 10: to one help. You'll think you're his only customer when
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Speaker 10: to list your home with Remax Alliance three oh three
Speaker 10: nine two zero sixteen twenty two.
Speaker 5: Those who love that music, it says great anyway, Welcome
Speaker 5: to the Troubleshooters Show.
Speaker 6: My name is Marco Bendanelli.
Speaker 5: I am a Denver, Colorado attorney with a firm Bendanelli
Speaker 5: Law Firm. We are about thirty people strong and we
Speaker 5: are a personal injury law firm, and I am pleased
Speaker 5: to be filling in for Tom and Mark.
Speaker 6: Give us a call.
Speaker 5: Mondays are usually a little slower, so we do have
Speaker 5: some lines open.
Speaker 6: Give us a call at.
Speaker 5: Three three seven one three Talk or three oh three Martino.
Speaker 5: You can reach us also at help at troubleshooter dot
Speaker 5: com and that email works when we're on and off
Speaker 5: the air, so you can get us a message through
Speaker 5: that email Help at troubleshooter dot com.
Speaker 6: So markhead good.
Speaker 7: Nice to have a big time personal injury attorney over
Speaker 7: here for me to.
Speaker 6: Ask some questions.
Speaker 7: And my question comes from the perspective of somebody like
Speaker 7: me who buys a ton of liability insurance via both
Speaker 7: my auto policy and my umbrella policy in order to
Speaker 7: protect myself my assets from people like you, but also
Speaker 7: but also Marco in a very large part, because I
Speaker 7: do have a sense of responsibility to make sure that
Speaker 7: if I do accidentally injure somebody, you know, through some
Speaker 7: kind of an emission on my part, I do want
Speaker 7: to make sure there's insurance in place to take care
Speaker 7: of them. Is I don't want some you know, I
Speaker 7: don't want to cripple somebody, so to speak, and leave
Speaker 7: them penniless. So my question is kind of from a
Speaker 7: strange perspective. Well, for you, it would be strange because
Speaker 7: it comes from a perspective of a potential defendants in
Speaker 7: one of your actions.
Speaker 6: Does the fact that I.
Speaker 7: Have a boatload of insurance and this is for after
Speaker 7: the break, We're going to going to make me a
Speaker 7: bigger target and a more juicier target.
Speaker 6: For people like you. Great question, I'm talking after the break.
Speaker 10: Go with a sure thing Denver's Best Roofer Excel Roofing
Speaker 10: dot com.
Speaker 11: You don't pay a cent until you're content.
Speaker 10: Time for an insurance checkup free, no obligation comparison call
Speaker 10: Compass Insurance paying too much your coverage at dozens of
Speaker 10: insurance companies find out now three oh three seven seven
Speaker 10: to one help. You'll think you're his only customer when
Speaker 10: you choose Frank durand the Real Estate Man dot com
Speaker 10: to list your home with Remax Alliance three oh three
Speaker 10: nine two zero sixteen twenty two.
Speaker 3: You come running just as nass we can.
Speaker 2: Shooter's gonna help coming.
Speaker 4: Man Dix's The Troubleshooter Show Now Tom Martino.
Speaker 5: Marco Bendanelli here Bendanelli Law Firm, filling in for Tom
Speaker 5: Martino and Mark Major.
Speaker 6: You have joined us at the Troubleshooter Show.
Speaker 5: Uh.
Speaker 6: This is the home of the Consumer Advocate.
Speaker 5: It is the longest syndicated radio station in the country,
Speaker 5: has been running for forty five years. Amazing a testimony
Speaker 5: to Tom Martino, how well he does the things that
Speaker 5: he gets done. For over forty five years. He's been
Speaker 5: listening to your complaints. He's been answering questions and intervening
Speaker 5: and solving your problems. There's been a hundreds of millions
Speaker 5: of dollars recovered in the form of cash, merchandise and services.
Speaker 5: What a service Tom Martino has.
Speaker 6: You know, what a niche he's figuring.
Speaker 8: There's another thing this show provides that people don't talk about, Marco,
Speaker 8: is the millions of dollars saved and problems avoided by
Speaker 8: not by just listening to the show, by just listening
Speaker 8: to all of this free advice that has been given
Speaker 8: out for the last forty five years. When I was
Speaker 8: in business, I listened to Tom and I always picked up tips.
Speaker 8: So that's just an uncounted number. But I believe it's
Speaker 8: in the millions for people to just simply not calling in,
Speaker 8: by just simply listening to the show, it's been a
Speaker 8: great benefit to the citizens of Colorado and across the nation.
Speaker 9: Across the nation, yep.
Speaker 5: And you know, they say someone learns from their mistakes,
Speaker 5: but a wise man learns from others mistakes. And so
Speaker 5: that's what Bo's talking about. So we've got a couple
Speaker 5: of callers on the line. We've got Tracy, what a
Speaker 5: question about for Rizon and mail? Why don't you hold
Speaker 5: on while we talk.
Speaker 6: To Tracy and we will get to you mail. Tracy,
Speaker 6: go ahead, Good morning, gentlemen.
Speaker 16: I appreciate it. I'm following up on a call about
Speaker 16: two weeks ago. My husband called in on four trade
Speaker 16: ends that we did on a business account, and they've
Speaker 16: only given us credit for two and it's been well
Speaker 16: over six months, eight months we've been dealing with it.
Speaker 16: So my question is if I take them to small
Speaker 16: claims court, who do I name in the when I
Speaker 16: file the papers? Is it the business trip that I'm
Speaker 16: dealing with? Or who do I put on that piece
Speaker 16: of paper.
Speaker 6: I'm gonna let Dmitri feel that question. Good Dmitri.
Speaker 7: Thank you, Marco Tracy, I'm kind of I'm about to
Speaker 7: sue Verizon for a very similar deal. About a year ago,
Speaker 7: I purchased a new phone from their store in Loveland,
Speaker 7: and the promotion was it's one thousand dollars phone, which
Speaker 7: I frankly didn't need, but they made me get it
Speaker 7: in order to add a second line. And the promotion was,
Speaker 7: if I finance it through Verizon for three years, zero interest,
Speaker 7: the monthly payment that I make will automatically be credited
Speaker 7: every single month for the same for the same amount,
Speaker 7: in effect making it a free phone if I stick
Speaker 7: with Verizon for three years. However, much to my shock,
Speaker 7: chagrin and disappointment, the charges started appearing on my phone
Speaker 7: last May, but the credits never appeared.
Speaker 6: And I have numerous calls that I recorded with Verizon.
Speaker 7: In which they all say, Hey, yeah, we didn't process
Speaker 7: the paperwork.
Speaker 6: We can fix it.
Speaker 7: We'll start crediting you next month, and we'll also give
Speaker 7: you big lump some account credit for the amount that
Speaker 7: you should have been credited.
Speaker 6: So none of that has happened.
Speaker 7: So I've been researching on how to see Verizon, and uh,
Speaker 7: it's it's not tricky, but it was kind of a surprise.
Speaker 7: Who the defendant is really going to be? Now, Tracy,
Speaker 7: before I tell you that, can you tell me if
Speaker 7: you bought the phone from a Verizon store or if
Speaker 7: you bought it from a Cell plus store which operates
Speaker 7: as Verizon. Do you have any idea what what city
Speaker 7: did you buy these phones in?
Speaker 16: Or it's Colorado Springs and it was purchased through you know.
Speaker 13: On the phone through there the oh, the Verizon itself.
Speaker 7: You didn't even go to the store. And I remember
Speaker 7: your call. You you've mailed into them four Marco. Her
Speaker 7: husband mailed in four old phones. Each one is supposed
Speaker 7: to result in a pretty sizable credit. Now, Verizon, in
Speaker 7: in Tracy's case, acknowledges the receipt of these four phones,
Speaker 7: but she only got credit for two of them.
Speaker 6: So what do you do? What do you do? Dmitri?
Speaker 16: You know?
Speaker 5: And one of the reasons this would escape an attorney,
Speaker 5: right and one of the reasons that these carriers get
Speaker 5: away with things like that is because what you're not
Speaker 5: going to be able to pay a lawyer two hundred
Speaker 5: and fifty dollars an hour on a thousand dollars issue.
Speaker 6: Fifty an hour. I got the wrong lawyer. I mean,
Speaker 6: I mean, I'm.
Speaker 5: Just talking about a low priced lawyer. Sure, yeah, but
Speaker 5: that's my point exactly. I mean, there's no you know there.
Speaker 5: It's almost like they're immune to suit because the amount.
Speaker 6: In controversy is so low.
Speaker 16: Right.
Speaker 7: So, Tracy, if I understand your question, you're saying, who
Speaker 7: do I actually sue?
Speaker 6: Is that right?
Speaker 1: Correct?
Speaker 16: Or or is contacting writing something up to the Attorney
Speaker 16: General gonna help me at all? Before I even do that?
Speaker 6: Well, that's the easy one.
Speaker 7: The Attorney General is not going to lift a finger
Speaker 7: to help you, me or anybody else who might be listening.
Speaker 6: So here's what I did.
Speaker 7: I did some research on Verizon, and it turns out
Speaker 7: there is no company called Verizon.
Speaker 6: It's a trademark.
Speaker 7: And you can verify this by going to the Colorado
Speaker 7: State Secretary of State's office. They have a business database,
Speaker 7: business registration database, and the trademark Verizon is registered to
Speaker 7: a huge out of state phone company called Selco Partnership.
Speaker 7: Cell Co Partnership and Selco Partnership operates Verizon, and it
Speaker 7: turns out they do have a registered agent here in
Speaker 7: the state. I'm sure Marco, a big company like that
Speaker 7: has registered agents everywhere. Sure, so they engage the services
Speaker 7: of one of those like CT Corporation Service, you know,
Speaker 7: one of those really big ones that do nothing for
Speaker 7: a living except accept process of.
Speaker 5: Service, arise to receive service on behalf of you know,
Speaker 5: lots of defenders, absolutely, and they are listed on the
Speaker 5: Colorado Secretary of State website.
Speaker 6: Yeah.
Speaker 7: So if you look up Celco Partnership at the Cardo
Speaker 7: Secretary of States, well, first of all, follow the same
Speaker 7: steps I did. Verify that what I'm telling you is correct.
Speaker 7: Verizon brand is owned by Selco Partnership. And then look
Speaker 7: who CELCLL Partnerships registered agent is, and have them served
Speaker 7: with a small claims action. And by the way, many
Speaker 7: in my experience and I filed a whole bunch of
Speaker 7: small claims actions now, and the clerk of the court
Speaker 7: in small claims can serve the defendant by mail. Now,
Speaker 7: they'll try to talk you out of it. They'll say, well,
Speaker 7: they always have the same line. They always say, well,
Speaker 7: that's not the preferred method. So I don't even let
Speaker 7: them get I always just say, ma'am, I understand it's
Speaker 7: not the preferred method. But I'd like to try serving
Speaker 7: them by mail first, and the benefit of that is
Speaker 7: it only costs fifteen dollars instead of one hundred bucks
Speaker 7: if you hire a process server, and.
Speaker 6: It's pretty easy. I mean, you file and you have.
Speaker 7: The service started right on the same visit to the courthouse,
Speaker 7: so you don't have to go deal with the process
Speaker 7: server now. But try that, I mean I would try that.
Speaker 7: That's not legal advice. I'm just telling you how I
Speaker 7: do it and how I'm going to do it when
Speaker 7: my time comes to super Horizon for their you know,
Speaker 7: for the thousand bucks they owe me. But you'll probably
Speaker 7: get attention pretty quickly and you'll probably you'll you'll probably
Speaker 7: get a call from their lawyer pretty quickly after filing that.
Speaker 7: You know, Marco, what are the odds that somebody like
Speaker 7: Verizon would try to remove the case to a more
Speaker 7: intimidating court.
Speaker 6: And do they need to have grounds to even remove it?
Speaker 7: Like do they have to say, hey, we have a
Speaker 7: counterclaim that exceeds the jurisdiction of small claims court. They
Speaker 7: can't just willing Nelly take it somewhere else since.
Speaker 6: They prefer to.
Speaker 5: Yeah, so you know, the thing that separates a state
Speaker 5: court claim as opposed to a federal claim is to
Speaker 5: remove it, as Dmitri said, and he is really up
Speaker 5: to speed on a lot of procedural issues related to
Speaker 5: the practice of law. And before I answer the removal question,
Speaker 5: I want to say that the jurisdictional limit in small
Speaker 5: claims court is seventy five hundred dollars and the county
Speaker 5: court is up to twenty five hundred dollars twenty five
Speaker 5: twenty five thousand, thank you, And and district court is
Speaker 5: anything over twenty five thousand in controversy, which could be
Speaker 5: one hundred million dollars. And for my firm, ben Anelli
Speaker 5: Law Firm, we we don't practice anywhere but in district court.
Speaker 5: So there's a lot of law firms that will practice
Speaker 5: in you know, county court, municipal court, but in my
Speaker 5: law firm, we practice exclusively in district court. So the
Speaker 5: issue on removal is and I don't know if this
Speaker 5: really satisfies or is something that the tracy's looking for,
Speaker 5: but to remove something from state court to federal court,
Speaker 5: you have to have a complete diverse city among the parties, right,
Speaker 5: so you know, you have to have a Colorado resident
Speaker 5: suing someone that is not a Colorado resident, right, and
Speaker 5: so that they call that the.
Speaker 6: Diversity among the diversity of citizenship.
Speaker 5: Right And and the other thing is you have to
Speaker 5: have over seventy five thousand dollars in controversy.
Speaker 6: And so.
Speaker 5: The way to get around that is you sue the.
Speaker 6: Local Verizon store.
Speaker 5: So now you're a Colorado resident that has sued and
Speaker 5: I and I forget the name of the company.
Speaker 6: You said that Verizon operates under oh Selco partnership.
Speaker 7: Now and now, in her case, she didn't buy from
Speaker 7: a store, she bought it on the phone from Verizon corporate. However,
Speaker 7: doesn't she satisfy the minimum contacts doctrine because Verizon is
Speaker 7: all over the place here, So they can't claim diversity
Speaker 7: of citizenship just because they're headquartered in Delaware or wherever
Speaker 7: they are, right.
Speaker 6: The minimum contact rule.
Speaker 5: You know, that takes me back to law school studying
Speaker 5: for the bar exam.
Speaker 7: The US shoe Company, International smack company, you know, the main.
Speaker 5: Tree is a I'm not kidding anyway. So the answer
Speaker 5: to uh to uh Dmitry's question is yes, it would
Speaker 5: satisfy the minimum contact rule.
Speaker 6: And there you know, their license to do.
Speaker 5: Business uh in Colorado, which is why they have a
Speaker 5: registered ation.
Speaker 16: So can I ask another question, why can't Why can't
Speaker 16: I Why can't I put on the piece of paper?
Speaker 16: Since I've been working with the senior account manager over
Speaker 16: the business, why can't I name him? And then by
Speaker 16: naming him, he's going to go to his upper management
Speaker 16: and saying, hey, I'm listed in a lawsuit.
Speaker 7: I'll let you handle that, Dmitri Well, Tracy, this guy
Speaker 7: worthless or not, does not have a contractual relationship with you.
Speaker 7: Your controversies between you and his employer, not him personally. Now,
Speaker 7: you can certainly subpoena him as a witness, and it
Speaker 7: would definitely help if you've recorded any of these calls
Speaker 7: or going to record any of these calls this guy
Speaker 7: to try to admit faulter liability of any kind, so
Speaker 7: you can subpoena him. But I don't think there's any
Speaker 7: path to suing him, Nor is there really a logical
Speaker 7: reason to sue this guy. I mean, he might be
Speaker 7: a snake, or he might be just incompetent, but man,
Speaker 7: it's his company that's responsible for his inaptitude.
Speaker 5: But sometimes I'm.
Speaker 16: Not saying he's incompetent He's helped a lot, but it's
Speaker 16: just you know, to get their attention. It's like, hey,
Speaker 16: this person would probably go to his upper management going hey,
Speaker 16: I'm listed in this lawsuit. Can we get this cleared
Speaker 16: up for her? So he's helped, but it's just you know,
Speaker 16: I sent an email again last week and basically, hey,
Speaker 16: we're still working on it. Eight months later, we're still
Speaker 16: working on it.
Speaker 6: Tracy, Thanks for calling.
Speaker 5: If you hold on, we'll follow up with you. After
Speaker 5: the break. We have Daryl honing Daryl. We're going to
Speaker 5: get to you as well, and with that we'll be
Speaker 5: right back.
Speaker 10: Go with a sure thing Denver's Best roofer Excel Roofing
Speaker 10: dot com.
Speaker 11: You don't pay a cent until you're content.
Speaker 10: Time for an insurance checkup, free no obligation comparison call
Speaker 10: Compass Insurance paying too much your coverage at dozens of
Speaker 10: insurance companies find out now three all three seven to
Speaker 10: seven to one help. You'll think you're his only customer
Speaker 10: when you choose Frank durand the real estate Man dot
Speaker 10: com to list your home with Remax Alliance three three
Speaker 10: nine two zero sixteen twenty two.
Speaker 1: We are back.
Speaker 5: You are back listening to The Troubleshooter Show, uh home
Speaker 5: of the consumer advocate Tom Martino, who has been.
Speaker 6: Recovering monies in.
Speaker 5: In cash, merchandise and services for forty five years, the
Speaker 5: longest syndicated radio show in the country.
Speaker 6: Honored to be here.
Speaker 5: My name is Marco Bendonelli from the Bendonelli Law Firm
Speaker 5: in Denver, Colorado, and I am filling in today for
Speaker 5: Tom Martine and Mark Major, who are.
Speaker 6: Not present.
Speaker 5: And you know, I do want to talk a little
Speaker 5: bit about something that Tom has gone through recently, but
Speaker 5: right now we've got a couple of callers on the phone,
Speaker 5: so we'll save that and we're going to go to Daryl,
Speaker 5: who has a question about medical malpractice.
Speaker 6: Daryl, you still on align with us?
Speaker 15: Hey, Marco, how are we doing this morning?
Speaker 5: We're doing fine.
Speaker 15: So how hard is it to I mean, I can't
Speaker 15: say how hard it is. How successful would it be
Speaker 15: to sue a hospital?
Speaker 5: Well, you know, so that's an interesting question because that
Speaker 5: is not necessarily medical malpractice. You know, you have to
Speaker 5: it has to be the wrongdoing of a physician. So
Speaker 5: why don't you tell me a little bit more about
Speaker 5: what's going on?
Speaker 15: So, long story short, My son needed a hard transplant,
Speaker 15: and at the time, university would not put him on
Speaker 15: the transplant list unless you got a COVID shot, and
Speaker 15: he was against it and we were all against it.
Speaker 15: But at any rate, he got a COVID shot and
Speaker 15: thirty six hours later he died. Now, the autopsy lists
Speaker 15: a dozen or fifteen different things, which most of them
Speaker 15: we don't understand the terminology. But obviously the COVID shot
Speaker 15: wasn't in there. And I mean, I you know, you're
Speaker 15: you're throwing a dart at it, like, well, I mean sure,
Speaker 15: it could have been anything, right.
Speaker 5: Sure, sure, And I bet they listed, you know, cardiac
Speaker 5: arrest and as part of those little laundry lists. Well,
Speaker 5: first of all, they're really really sorry to hear that,
Speaker 5: you know, really sorry to hear that. And you mentioned
Speaker 5: you was it which hospital did you mention?
Speaker 15: University?
Speaker 6: Yeah?
Speaker 5: Okay, so university is yeah, intact, Yeah, by you know,
Speaker 5: they are a they receive funds from the state or
Speaker 5: state sponsor. They are covered or the expression is they
Speaker 5: enjoy that's the word that use, They enjoy governmental immunity.
Speaker 15: Okay. That was my question because it's hard to sue
Speaker 15: when you have governmental immunity.
Speaker 1: Right.
Speaker 5: Well, you know, there are certain notice requirements and there's
Speaker 5: some special hoops that you have to jump through, but
Speaker 5: typically it is more challenging, and medical malpractice in and
Speaker 5: of itself is just a very difficult uh. You know,
Speaker 5: it's an uphill battle with these type of claims. You know,
Speaker 5: these type of cases. Medical malpractice cases are extremely time consuming,
Speaker 5: they're very expensive, and unless there are huge damages, most
Speaker 5: lawyers will will stay away from them. We do medical
Speaker 5: malpractice at my firm, you know, not it's not our
Speaker 5: primary focus, but we've done some rather successfully, I would add,
Speaker 5: but but you know, like I said, they are very
Speaker 5: time I'm consuming, very expensive in Colorado in addition to
Speaker 5: the hurdles that you face based upon that facility enjoying
Speaker 5: governmental immunity. Uh. You know, for every medical malpractice claim
Speaker 5: that is filed prior to filing one, yeah, there's a
Speaker 5: there's a statute. There's a law that you have to
Speaker 5: get something called a certificate of review. Now that means
Speaker 5: you have to hire another medical professional to review the file.
Speaker 5: And the specific language in the statute says that, uh,
Speaker 5: that that this medical professional must attest to the following Uh.
Speaker 6: You know, this is lawyer double speak. Are you ready.
Speaker 5: That the case does not lack substantial justification? Okay, so
Speaker 5: it does not substantial justification, but anyway, you know, so
Speaker 5: just getting the certificate of review, just getting over that
Speaker 5: initial hurdle that could be five or ten thousand dollars,
Speaker 5: you know, to get another bock to review that stuff.
Speaker 5: And typically you're you're contracting with a physician who's not
Speaker 5: in state because you know, it's you can't find doctors
Speaker 5: in state to testify against another doctor in state.
Speaker 7: Because there's a big insurance company that ensures doctors and
Speaker 7: they're gonna dump you if you testify about another one
Speaker 7: of their clients.
Speaker 6: Is that right?
Speaker 5: Well, you know it's copic, and you know they are
Speaker 5: very you know, I'm trying to avoid the words that
Speaker 5: I would use naturally.
Speaker 6: Have they agressively manage liability? Yeah, they are.
Speaker 5: They are aggressive in the way that they litigate their cases.
Speaker 15: So well, you know, it was it was it was
Speaker 15: sad for us to find out that we didn't even
Speaker 15: think that mandating COVID shot was even a thing anymore.
Speaker 15: We we thought that was dead and gone and it's
Speaker 15: all voluntary, and and were shocked to find out that,
Speaker 15: uh university, I don't know if they still do, but
Speaker 15: since since the administration has changed.
Speaker 6: But how long how long ago was this October? Middle
Speaker 6: of October's.
Speaker 7: Super recent I'm shocked to hear somebody still requires satanic.
Speaker 15: We were, we were, we were shocked that that they
Speaker 15: you know, the university is still mandated.
Speaker 5: That totally shocked, you know, Uh, because my answer regarding
Speaker 5: medical malpractice really avoided the issue of the of the shot. Uh.
Speaker 5: Deputy Dimitri just characterized that shot as satanic. You know,
Speaker 5: I think the further we get away from the pandemic, uh.
Speaker 5: And you know, just time and time again, we are
Speaker 5: seeing examples. They're all, you know, what happened to your son,
Speaker 5: you know, and the legitimacy of the you know, dangerous
Speaker 5: and you know, the fatalities caused, people's lives wrecked because
Speaker 5: the government mandated this thing. And you know, it's just
Speaker 5: gaining in Uh, the problems that were you know, poo
Speaker 5: pooed and minimized. I mean, they are just gaining in legitimacy.
Speaker 13: Go ahead, yeah, And.
Speaker 15: I mean for what for what for from what we understand?
Speaker 15: And and.
Speaker 1: Is that.
Speaker 15: The biggest side effect from COVID was the.
Speaker 6: Heart and you know, and respiratory issues.
Speaker 15: And respiratory sure, but like I said it that I
Speaker 15: mean my biggest yes, I guess I guess you. You've
Speaker 15: already answered my question. And that's that's that it would
Speaker 15: be a time consuming, he feel bat it will probably
Speaker 15: waste of time, you know, and.
Speaker 5: So so while I have to deliver that uh news,
Speaker 5: I also want to tell you I'm very very sorry
Speaker 5: about what happened.
Speaker 6: And you know, I'm.
Speaker 5: Sure all the listeners today would are saddened by your story.
Speaker 6: Really so yeah, but I don't think I don't think.
Speaker 5: They're going to find uh an attorney who's gonna take
Speaker 5: that case number one against university hospital, number two against
Speaker 5: the vaccination, you know. So But anyway, we thank you
Speaker 5: for calling in. We have to take a short break
Speaker 5: and thank you Darryl, and we will be right back
Speaker 5: after this.
Speaker 10: Go with a sure thing Denver's Best roofer Excel roofing
Speaker 10: dot com.
Speaker 11: You don't pay a cent until you're content.
Speaker 10: Time for an insurance checkup free no obligation comparison call
Speaker 10: Compass insurance paying too much your coverage at dozens of
Speaker 10: insurance companies.
Speaker 11: Find out now three all three seven seven to one.
Speaker 10: Help You'll think you're his only customer when you choose
Speaker 10: Frank durand the real estate Man dot com to list
Speaker 10: your home with Remax Alliance three three nine two zero
Speaker 10: sixteen twenty two.
Speaker 5: You are listening to the Troubleshooter Show, uh, the Tom
Speaker 5: Martino Show UH, and Tom Martino is normally the host
Speaker 5: along with Mark Major his co host. My name is
Speaker 5: Marco Bendinelli. I am a Denver, Colorado attorney and I
Speaker 5: am the founder and sole shareholder of Bendonelli Law Firm.
Speaker 5: We are thirty professional strong. We are a personal injury
Speaker 5: law firm and we can be reached at one eight
Speaker 5: hundred attorney.
Speaker 6: That's one eight hundred attorney.
Speaker 5: Our website is CEO like Colorado CEO Law Firm dot com,
Speaker 5: so you can find us there for your personal injury
Speaker 5: legal needs. Today we are talking about issues. It's been
Speaker 5: a little bit all over the board. We have Mike
Speaker 5: on hold who has a question about door dash and Mike,
Speaker 5: I am anxious to get to you.
Speaker 6: But we have Yvonne calling in who.
Speaker 5: Has a comment on the COVID shot issue, which we
Speaker 5: just discussed.
Speaker 6: With the caller.
Speaker 5: So I'm going to take Yvonne real quick, but Mike,
Speaker 5: please hold on and be patient. Yvonne, tell us about
Speaker 5: your comment on the COVID shot.
Speaker 17: Well, my comment is is that because the COVID shot
Speaker 17: was mandated by the federal government, and that the university
Speaker 17: does have subsidies from the federal government, and the fact
Speaker 17: that we as citizens pay federal tax that I'm just
Speaker 17: thinking that they would have some sort of liability for that.
Speaker 17: But you're going to have to find a lawyer who
Speaker 17: has a lot of extra time, who doesn't care about money,
Speaker 17: who just wants to challenge because it's very difficult to
Speaker 17: sue the government.
Speaker 5: Well, you know, actually we talked about that off the
Speaker 5: air after the last caller and talked about a potential
Speaker 5: civil rights violation. But you know, these manufactors, the government
Speaker 5: granted them immunity.
Speaker 17: And well, I'm just saying, you know, because Fauchi you,
Speaker 17: I mean, it could be so litigates, you know, possibly
Speaker 17: you just have to find a lawyer who does who
Speaker 17: has enough time to just take that on, that doesn't,
Speaker 17: like I said, that doesn't care about money, that just
Speaker 17: wants to challenge.
Speaker 5: Well, that those lawyers will be few and far between.
Speaker 5: Probably someone retired. But anyway, we thank you for your comment. Evon,
Speaker 5: you're preaching to the choir. We have Mike online three
Speaker 5: who has a question about door dash.
Speaker 18: Go ahead, Mike, Hey, good morning. Oh I'm just calling.
Speaker 18: I've been door dashing recently, just for some extra income.
Speaker 6: Okay.
Speaker 18: I heard the stories a week ago of the three
Speaker 18: like Colorado companies being fined for hiring the legal aliens.
Speaker 15: Oh yeah, lately that door dash.
Speaker 5: Sally dmitri hand the deputy dmitri Han. It seems like
Speaker 5: he's dialed in on that issue.
Speaker 6: Well what I what?
Speaker 7: I read an article just a few days ago about
Speaker 7: the federal government finding three Denver based companies, most of
Speaker 7: which were involved in like cleaning services, that kind of
Speaker 7: stuff for hiring like outrageously obvious illegal aliens, duplicate duplicate
Speaker 7: social Security numbers, lack of paperwork. One of these fines
Speaker 7: will was well over six million dollars Marco. This is there,
Speaker 7: This is real money. They're sending a message. But Mike,
Speaker 7: what is what? What does that have to do with DoorDash?
Speaker 7: I thought maybe somebody spit a loogie in your in
Speaker 7: your delivery or something.
Speaker 18: No, no, I just noticed that that's clearly going on
Speaker 18: with door dash as well. I'd say probably fifty percent
Speaker 18: of the door dashers out there are clearly part of
Speaker 18: that wave of illegal immigrants. And I don't understand how
Speaker 18: they're even able to because you do need to upload
Speaker 18: forms of ID and pass background checks to become a
Speaker 18: contractor with them. But I mean, people can lie, I guess,
Speaker 18: but there's so many it feels like it's just too
Speaker 18: obvious that Dr Nash is just hiring them knowingly.
Speaker 5: Well you know, they they may or may not be complicit.
Speaker 6: But I do think that.
Speaker 5: Our president has a mandate regarding that issue. I think
Speaker 5: that there is a general outrage, uh, with respect to
Speaker 5: illegal immigrants that are criminals, that have committed murders and rapes,
Speaker 5: and you know, and and you've got these small vocal
Speaker 5: minority groups that are you know, not worried about the
Speaker 5: United States citizens, not worried about the victims of these things,
Speaker 5: and you know, they want to grant rights to uh,
Speaker 5: the illegal immigrants. And so you know, I think you're
Speaker 5: kind of appreciing that acchoir here, and.
Speaker 6: But we thank you.
Speaker 7: You know, there is one, you know, previously unforeseen consequence
Speaker 7: of the people who are not allowed to work here
Speaker 7: stealing a social Security number are being provided with a
Speaker 7: valid social Security number that belongs to somebody else. That
Speaker 7: happened to somebody I know, and their social Security number
Speaker 7: was used for a ton of different jobs all over
Speaker 7: the country. It caused this guy IRS nightmares that have
Speaker 7: not only taken years, they're still going on because the
Speaker 7: IRS claims that he owes taxes here and there and
Speaker 7: all these other jobs. And it's like a whack a mole.
Speaker 7: By the time he gets one of these IRS issues settled,
Speaker 7: another one pops out. It seems to be endless, endless.
Speaker 9: So there are a lot.
Speaker 7: Of these silently suffering victims out there whose social Security
Speaker 7: numbers are getting stolen.
Speaker 6: And that and you know, and that is the.
Speaker 5: Victims of non violent crimes, let alone victims of violent thing.
Speaker 6: Yeah, exactly, they're both hal they're both sides to this.
Speaker 5: So and anyway, we have a latter two open. Please
Speaker 5: give us a call three oh three seven to one
Speaker 5: three talk three oh three seven one three talk and
Speaker 5: we will be right back after this.
Speaker 10: Go with a sure thing Denver's best roofer Excel roofing
Speaker 10: dot com.
Speaker 11: You don't pay a cent until you're content.
Speaker 10: Time for an insurance check up free no obligation comparison
Speaker 10: call Compass Insurance paying too much your coverage at dozens
Speaker 10: of insurance companies find out now three oh three seven
Speaker 10: to seven to one help. You'll think you're his only
Speaker 10: customer when you choose Frank durand the real estate man
Speaker 10: dot com to list your home with Remax Alliance. Three
Speaker 10: oh three nine two zero sixteen twenty two.
Speaker 5: We are back on the air. We've got some exciting
Speaker 5: news from after the top of the We're gonna have
Speaker 5: a special guest with us today, Gary Millsbaw, a retired
Speaker 5: lieutenant from the Aurora Police Department, and so that is
Speaker 5: something you can look forward to right now. We have
Speaker 5: been talking about some of the challenges for medical malpractice cases,
Speaker 5: some of the challenges that have been forced upon people
Speaker 5: by the vaccine by being forced to take the shot.
Speaker 5: And we just heard a sad story this morning.
Speaker 7: Said is not even the word Marco. It's heartbreaking and
Speaker 7: whatever comes beyond heartbreaking.
Speaker 6: It's outrageous.
Speaker 5: Really. You know, while pending a heart transplant, the hospital
Speaker 5: required that the patient.
Speaker 6: Get vaccinated, who initially.
Speaker 5: Refused, but then acquiesced and died thirty six hours after
Speaker 5: taking that shot. And you know, we were talking about
Speaker 5: the legitimacy of the problems with this vaccine that were minimized, discounted,
Speaker 5: you know, and.
Speaker 7: So we learn so much more every day. Look at
Speaker 7: all these teenage athletes who are suddenly dropping dead of
Speaker 7: heart attacks.
Speaker 6: That's unheard of.
Speaker 5: It's unreal, and there's no accountability, you know, there's no accountability.
Speaker 6: Anyway. My name is Marco Bendinelli.
Speaker 5: I'm filling in for Tom Martino and Mark Major, and
Speaker 5: we are welcoming your calls. If you have any problems
Speaker 5: with vendors, with people you do business with. You've been
Speaker 5: ripped off, you've been scammed, you got complaints, We got answers,
Speaker 5: and we are here to solve problems. Take your calls
Speaker 5: and look into whatever whatever circumstance you're facing.
Speaker 1: Uh.
Speaker 5: Tom Martino has been doing that for forty five years.
Speaker 5: This is the longest syndicated radio show in the country.
Speaker 5: Extremely impressive.
Speaker 16: Uh.
Speaker 5: I am privileged to be here, you know. And so again,
Speaker 5: if you have a problem, you give us a call
Speaker 5: at three oh three Martino, UH, or you can email
Speaker 5: us at help at troubleshooter dot com. Uh we are
Speaker 5: looking forward to speaking to the retired uh Aurora police officer.
Speaker 5: I think after he retired, you spent some time at
Speaker 5: the Jefferson County with the Jefferson County Sheriff's Department as well.
Speaker 5: So we're looking forward to hearing from Gary Millspaw. And
Speaker 5: you know what, We're going to explore a very sensitive
Speaker 5: and controversial topic, which is the trenday Aragua taking over
Speaker 5: apartment complexes in Aurora, Colorado, which the national media has
Speaker 5: said is fake. It did not occur. So Gary's gonna
Speaker 5: talk to us about that and get to the bottom
Speaker 5: of it and shed some light on that.
Speaker 7: And Marco not only that, but I'd like our audience
Speaker 7: to know this is our very first ask me Anything session.
Speaker 7: So if anybody has questions that they've always wanted to
Speaker 7: ask a cop, give us a call. We're gonna put
Speaker 7: Gary right on the spot. The only rule is you
Speaker 7: can ask him anything. The only other rule is Gary
Speaker 7: might not answer, but go ahead and take a shot.
Speaker 7: How to get out of a ticket? How many donuts
Speaker 7: do they actually eat? How do you know if you're
Speaker 7: gonna get a ticket or a warning? What can you
Speaker 7: do to enhance your odds of a warning rather than
Speaker 7: a ticket?
Speaker 6: So you tune in and we'll be right back.
Speaker 10: Go with a sure thing Denver's Best roofer Excel Roofing
Speaker 10: dot com.
Speaker 11: You don't pay a cent until you're content.
Speaker 10: Leave time for an insurance check up free, no obligation
Speaker 10: comparison call Compass Insurance. Pay too much your coverage at
Speaker 10: dozens of insurance companies find out now three oh three
Speaker 10: seven seven to one help. You'll think you're his only
Speaker 10: customer when you choose Frank durand the real estate Man
Speaker 10: dot com to list your home with Remax Alliance three
Speaker 10: oh three nine two zero sixteen twenty two.
Speaker 3: Lead.
Speaker 13: You don't have.
Speaker 2: Run as can No shoot 's gonna help?
Speaker 4: Come di is the Troubleshooter Show Now, Tom Martinez.
Speaker 5: Don't you love the energy of that music? I mean
Speaker 5: it just excites me sitting here.
Speaker 7: Yeah, we should start a mush pitch whenever that music
Speaker 7: comes out.
Speaker 5: Oh my goodness, we're dancing around here in the studio.
Speaker 5: It's kind of it's kind of fun anyway.
Speaker 6: Uh.
Speaker 5: This is Marco Bendinelli Bendanelli Law Firm, filling in for
Speaker 5: Tom Martino. And Mark Major.
Speaker 6: You're listening to the Trouble Shooter Show.
Speaker 5: The longest syndicated radio show in the country forty five years.
Speaker 6: Quite amazing.
Speaker 5: Tom is a pioneer as a consumer advocate. He has
Speaker 5: recovered what hundreds of millions of dollars in cash, merchandise
Speaker 5: and services.
Speaker 7: I think, yes, three hundred and fifty million bucks recovered
Speaker 7: by Tom and Mark. And by the way, guest hosts
Speaker 7: get twenty percent on the days that they work here.
Speaker 9: We got to get paid.
Speaker 6: Oh my goodness.
Speaker 5: Well, anyway, Tom is a pioneer, and uh, you know,
Speaker 5: I'm proud of him for standing up against the grand
Speaker 5: calling out these ripoff artists, these scumbags, and really you know,
Speaker 5: pressing the flesh and getting in the middle of these
Speaker 5: things to solve problems. And you know, hats off to Tom. Uh.
Speaker 5: Tom has suffered some you know, some medical issues, and
Speaker 5: we're looking forward to his full recovery and return.
Speaker 6: Our best thoughts and prayers go out to him. Right now.
Speaker 5: I am privileged to sit in his chair. Anyway, we
Speaker 5: are at the top of the hour and we have
Speaker 5: a special guest today, Lieutenant Gary Millspaugh, who is a
Speaker 5: retired lieutenant from the Aurora Police Department, and then, as
Speaker 5: if that was not enough public service, then he joined
Speaker 5: the Jefferson County Sheriff's Department for another nine years.
Speaker 6: That I think that was.
Speaker 7: His first gig in law enforcement, right, Gary, So nine
Speaker 7: years in jeff Go, a couple of years in DA,
Speaker 7: including undercover stuff that we got a bunch of questions for,
Speaker 7: and after that, decades at aur APD.
Speaker 6: Unbelievable.
Speaker 5: You know, the kind of guy that you know really
Speaker 5: makes up the fabric of our society, you know, like
Speaker 5: the everyday heroes.
Speaker 6: You know, we love.
Speaker 5: Those people, you know. And what I'm interested and anxious
Speaker 5: to talk about is the uh, you know, whether there
Speaker 5: were false claims of gang takeovers in Aurora, Because while
Speaker 5: we were off the air, I googled it and listen, listen.
Speaker 5: It says there have been controversies and challenge and this
Speaker 5: is a quote including false claims of gang takeovers and
Speaker 5: increased crimes. And you know, I mean, wow, what kind
Speaker 5: you know is that?
Speaker 6: The fake news? What a whitewash? What a whitewash? Unbelievable?
Speaker 5: So so uh We're gonna ask uh, uh Gary, Gary,
Speaker 5: can you comment on whether uh the claims of gang
Speaker 5: takeovers of apart in apartment complexes and Aurora?
Speaker 6: Were they was that false? Was that was that made up?
Speaker 6: It was all fake news? Well yeah, right right.
Speaker 5: Yeah, So Gary, tell us, tell us what you know
Speaker 5: about that, about the uh trenda Aragua presence in Aurora,
Speaker 5: real real were uh perceived?
Speaker 19: Well, like you said, there was a great deal of
Speaker 19: controversy and raw involved in that in from for a
Speaker 19: variety of reasons. From an officer's perspective, I mean, the
Speaker 19: national media eventually put out those takeovers with the armed
Speaker 19: gang members. That was kind of spoke for itself. We
Speaker 19: had the biggest champion that brought that to the national
Speaker 19: forefront was the city councilwoman Daniel Jerinsky, and she actually
Speaker 19: came to the aid of one of the victims there
Speaker 19: and helped her get relocated.
Speaker 6: And was ostracized, if I recall, Yes.
Speaker 19: Yes, very much so demonized. Yeah, well for obvious reasons.
Speaker 19: I mean, first, the governor came out and said basically
Speaker 19: it was a nothing burger, and then of course that
Speaker 19: was supported by the mayor. The last thing they wanted
Speaker 19: to do, especially in the hypercharged environment of immigration and
Speaker 19: everything that that entails. The last thing they want to
Speaker 19: do is bring any adverse publicity to the City of Aurora,
Speaker 19: not the least of which was the potential economic damage
Speaker 19: that was happening. Councilwoman Jerinsky was a big champion of
Speaker 19: the had always been since I was when I was there,
Speaker 19: since she took office, was a big champion of the
Speaker 19: police department. So you know, there was a lot of controversy,
Speaker 19: especially on the city council between the left and the right,
Speaker 19: and since she led the charge and all the other
Speaker 19: issues that I just mentioned, Yes, there was a lot
Speaker 19: of blowback right, and a lot of blame placed on
Speaker 19: the slumlords. As most people are who are aware of
Speaker 19: the situation.
Speaker 5: You know, was that Governor Polis or was that the That.
Speaker 7: Was Mayor Kaufman who went in the news at the
Speaker 7: beginning of this controversy, and in my view, he minimized
Speaker 7: the entire situation and he said, yeah, you know, there
Speaker 7: may be some problems, but it's uh and I'm paraphrasing,
Speaker 7: it's entirely the fault of and this is a direct
Speaker 7: quote out of state slum lords.
Speaker 6: You know, I'll tell you what I mean.
Speaker 5: Elevating first of all, saying they're false and then to
Speaker 5: the extent that they're caught, you know, then they're elevating
Speaker 5: the rights of the illegals, dismissing the harm to the citizens.
Speaker 5: And you know, and I think people have had enough.
Speaker 5: I think people have had enough.
Speaker 6: What do you say, Gary, I would agree.
Speaker 19: And then there's obviously people that would be obviously considered
Speaker 19: innocent within the venezuel And community that obviously are swept
Speaker 19: up in this whole issue. But there's been instances where
Speaker 19: you've had parking lots, huge parking lots taken over by
Speaker 19: Venezuela and some of them were infiltrated by gang members.
Speaker 19: There has been reports in certain of those instances where
Speaker 19: arguably there were shots fired. And then of course you
Speaker 19: have all kinds of problems with traffic congestion and speeders
Speaker 19: and racers on the highway and so forth.
Speaker 6: To certain degrees they're involved.
Speaker 5: You know, I don't think that rises to the level
Speaker 5: of m sixteens in the hallways of apartment complexes.
Speaker 6: Yes, I would totally agree with that.
Speaker 19: And like I said, that's a problem where they're trying
Speaker 19: to lay low and sweep it under the rud for
Speaker 19: political purposes, as I mentioned before.
Speaker 6: But the officers have obviously.
Speaker 19: Came into contact and had to engage these people, these
Speaker 19: gang members, if you will, under a variety of circumstances,
Speaker 19: and they're villainized, they're villainized, and law enforcements villainized. Yes,
Speaker 19: obviously the chief has to take a stand, and obviously
Speaker 19: it's going to be with regard to this, you know,
Speaker 19: the narrative that's out there.
Speaker 5: And to your understanding, what do you think the narrative
Speaker 5: was of.
Speaker 6: Governor Polis, Well, the same thing.
Speaker 19: I mean, obviously, you had the President Trump coming into
Speaker 19: office and his main objective, at one of his main
Speaker 19: objectives that he was that he was voted for, voted
Speaker 19: in office, was the deal with the border and deal
Speaker 19: with immigration issues. And he'd already talked about that on
Speaker 19: a campaign trail, about what was going on in Ohio
Speaker 19: and what was going on in Aurora. For all the
Speaker 19: information that we're talking about that he had received and
Speaker 19: that became a priority.
Speaker 5: And how did Governor Polus help the fake news?
Speaker 19: Well, obviously, to my knowledge, the governor wasn't you know,
Speaker 19: quick to go ahead and support the agenda of the president,
Speaker 19: you know, especially since it was brought for the reasons
Speaker 19: we've already spoke at by Councilwoman Jerinsky. That brought it
Speaker 19: to the forefront, and then it was picked up by
Speaker 19: the Trump administration early on in the in the campaign trail,
Speaker 19: so you could see the political component of that, especially
Speaker 19: leading up to the election, and then locally from the
Speaker 19: mayor's standpoint, you know, dragging the city proverbly through the mud.
Speaker 19: And so there was a lot of controversy all the
Speaker 19: way from the Trump administration of Trump campaign all the
Speaker 19: way down to city council, right.
Speaker 5: And so the Colorado gubernatorial election in twenty twenty six
Speaker 5: will find out whether the citizens of Colorado, you know,
Speaker 5: we're going to hold some you know, the governor responsible,
Speaker 5: you know, increase some accountability. What do you think, demetrim Now,
Speaker 5: I wouldn't count on it.
Speaker 7: And you know, throughout this whole controversy, as the police
Speaker 7: were painted unfairly painted and smeared as racists because they're
Speaker 7: going after the Hispanic gangsters, and the councilwoman over there
Speaker 7: was was smeared the same way. Everybody seemed to have
Speaker 7: ignored the fact that the chief, you know, the chief
Speaker 7: victims of the TDA were an incredibly vulnerable part of
Speaker 7: the population. Which is the rest of the illegal aliens
Speaker 7: who were living in these apartments and other apartments, and
Speaker 7: the TDA was collecting rent from these very vulnerable people
Speaker 7: ages who can't go to the police.
Speaker 6: For help, right for fear of being deported.
Speaker 7: And so this is so how can this how can
Speaker 7: they make this into a racial issue. I mean, yes,
Speaker 7: it's true people like us, they are victimized, but man,
Speaker 7: they really prayed inexcusably prayed on an extremely vulnerable part.
Speaker 6: Of the population. So it was it was and still is. Man,
Speaker 6: just disgusting.
Speaker 7: Just uh, it's uh, it's sad, it's disgusting, it's infuriating,
Speaker 7: and unfortunately these people will never be held to account.
Speaker 7: I mean, Paulus is going to go on to like
Speaker 7: probably senate seat. I mean this is face that this
Speaker 7: is a deep blue state, right, So uh, he's gonna
Speaker 7: go to to to to Senate and then uh, I
Speaker 7: don't know what Kaufman is going to do next, but
Speaker 7: he can't seem to to find any way to earn
Speaker 7: a living other than from you know.
Speaker 6: Public office. And that's that's it.
Speaker 7: I think we just got to kind of live with
Speaker 7: it and hopefull though the federal government will consene here
Speaker 7: to clean up.
Speaker 6: And and by the way, in the Attorney General, what
Speaker 6: did he do?
Speaker 7: Has he lifted a finger to to address the criminal
Speaker 7: invaders that we've been dealing with.
Speaker 6: Phil Weisser. Yeah, so he's gonna be our next governor,
Speaker 6: I guarantee you that.
Speaker 19: Well, then then you've got the controversy which is nationwide,
Speaker 19: which is sanctuary cities in particular. But law enforcement, as
Speaker 19: far as chiefs of police in certain sheriffs throughout the
Speaker 19: country have already stayed of the fact that they're not
Speaker 19: going to cooperate with ICE. And as Tom Holman has said,
Speaker 19: you know, it would be ideal before these gang members
Speaker 19: who have been criminally charged if they could engage them
Speaker 19: and only send one or two ICE agents to the facility,
Speaker 19: the detention facility.
Speaker 6: It would save the situation.
Speaker 19: Where you got to send a mass almost you know,
Speaker 19: a squadron, you know, or a platoon of ICE off
Speaker 19: agents that put the ICE agents in jeopardy. And they
Speaker 19: also and they also put the public in jeopardy when
Speaker 19: they're trying to apprehend them like we saw I believe
Speaker 19: it was in Colorado Springs or here recently.
Speaker 6: And we're going to talk about that.
Speaker 5: When we come back from the break, three or three
Speaker 5: Martino call us with questions or comments on this controversial issue.
Speaker 5: My name is Marco Bendinelli from the Bendinelli Law Firm,
Speaker 5: Colorado's best choice.
Speaker 6: For the injured, and we'll be right back after this.
Speaker 10: Go with a sure thing Denver's best roofer Excel Roofing
Speaker 10: dot com.
Speaker 11: You don't pay a cent until you're content.
Speaker 10: Time for an insurance checkup free no obligation comparison call
Speaker 10: Compass Insurance paying too much your coverage at dozens of
Speaker 10: insurance companies find out now three O three seven to
Speaker 10: seven to one.
Speaker 6: Help.
Speaker 10: You'll think you're his only customer when you choose Frank
Speaker 10: durand the real estate Man dot com to list your
Speaker 10: home with Remax Alliance three oh three nine two zero
Speaker 10: sixteen twenty two.
Speaker 6: We are backed.
Speaker 5: You are back with Marco Bendinelli Bendinelli Law Firm, Denver, Colorado,
Speaker 5: Colorado's best choice for the injured. We can be reached
Speaker 5: at one eight hundred Attorney one eight hundred Attorney or
Speaker 5: online at COEO Law Firm dot com. Uh. Anyway, I
Speaker 5: am filling in for Tom Martino and Mark Major.
Speaker 15: We have.
Speaker 5: Really a great guest with us right now, Jerry Millsbaw,
Speaker 5: a retired Aurora police officer. We just had a spirited
Speaker 5: discussion regarding things that have gone on in Aurora.
Speaker 6: And whether that was fabricated or real.
Speaker 5: Uh. You know, I think that the Colorado residents know
Speaker 5: what's real.
Speaker 6: But in the.
Speaker 5: National media, uh, you know, all of that was tagged
Speaker 5: as you know, false claims. And but anyway, so Gary
Speaker 5: had had some things to say about that. We have
Speaker 5: some lines open, So give us a call three three
Speaker 5: seven one three talk seven one three eight two five five.
Speaker 6: Or three oh three Martino and uh.
Speaker 5: We got Deputy Deputy Bow here who has some updates
Speaker 5: on some previous callers and previous circumstances that have been investigated.
Speaker 5: And Bo, why don't you jump in and tell us
Speaker 5: what's going on.
Speaker 8: First, I'd like to tell the listeners that I've worked
Speaker 8: since I've been here over forty cases, and with the
Speaker 8: limits of time, I can't go into all of them.
Speaker 8: But if any of the listeners would like to call
Speaker 8: in or send us an email about an update on
Speaker 8: a case, we have five great deputies here that do
Speaker 8: the Martino Show a great service. We all donate our time.
Speaker 8: We have a five deputies. One that's an expert in
Speaker 8: medical and one that's an expert in accounting and law enforcement.
Speaker 8: I'm a specialist in contracting, and then we have someone
Speaker 8: Dmitri's good at business issues.
Speaker 9: So I think it's good for the listeners to use.
Speaker 9: This is a great resource free.
Speaker 8: I mean, were happy to dig in and investigate any cases,
Speaker 8: any issues you might have, and our deputies have a
Speaker 8: very good success rate at getting to a resolution and
Speaker 8: more importantly trying to get to the other side of
Speaker 8: the story. So, like I said, I've worked on thirty
Speaker 8: forty cases and if anyone would like to call in,
Speaker 8: I would be happy to talk about an individual case.
Speaker 8: I did bring my file in. I was working with
Speaker 8: Peggy Back. She called in on March fourteenth, ten o'clock hour.
Speaker 8: This one was very interesting. She was getting a raw
Speaker 8: sewage smell in her apartment and the property management company
Speaker 8: absolutely would not do anything about it.
Speaker 9: And what was sad about it?
Speaker 6: As what did we do about it? Both? What did
Speaker 6: we do about it?
Speaker 9: Well, I can tell you what we did about it.
Speaker 8: I went over there and investigated it, tried to call
Speaker 8: the management company first. You know, you always want to
Speaker 8: get the other side of the story, and went over
Speaker 8: there and verified she had a sewer type gasw coming
Speaker 8: through a ventilation system. And what was said about is
Speaker 8: Peggy was have stage four cancer, she was on chemo,
Speaker 8: and this lady couldn't even get off the couch to
Speaker 8: show me around. So basically I called the State of
Speaker 8: Colorado Health Department and they got involved and we put
Speaker 8: in with the asset of the show. We put heat
Speaker 8: on the Tameron Apartment complex.
Speaker 5: So what I want to call hers listeners to know
Speaker 5: is that this is not fluff when you call with
Speaker 5: your problems, your complaints from these people irresponsible, the people
Speaker 5: that are ripping you off the scale, artist, the uh
Speaker 5: in this case, you know, terrible landlords.
Speaker 6: You know this is not just for show, you know.
Speaker 5: Uh, You've got actual people following up on on on
Speaker 5: your issues.
Speaker 8: And it's live. We're doing We're doing it live. I
Speaker 8: mean we're going out. We're not like setting on these
Speaker 8: cases for a couple of weeks. We'll get an issue
Speaker 8: and normally we start making calls during the top of
Speaker 8: the hour.
Speaker 5: Break and yeah, so don't hesitate the call three o
Speaker 5: three Martino, Uh, give us your real problems and we
Speaker 5: will give you real solutions. Uh. We have a special
Speaker 5: guest with us, Gary millsbaw a retired a or a
Speaker 5: police uh police officer, and so we we welcome your
Speaker 5: calls for Gary uh to find out how you get
Speaker 5: out of a speeding ticket? UH. Ask them anything, be controversial,
Speaker 5: have a little fun. That's Monday, wake up anyway, Uh
Speaker 5: three oh three, Martine, you know, give us a call again.
Speaker 6: UH.
Speaker 5: My name is Marco Bendinelli and I really am honored
Speaker 5: to be here and to be invited to host the
Speaker 5: show for Tom and Mark while they're not here. It's
Speaker 5: really a privilege. We have to take a short break
Speaker 5: and we'll be right back.
Speaker 10: Go with a sure thing Denver's best roofer Excel Roofing
Speaker 10: dot com.
Speaker 11: You don't pay a cent until you're content.
Speaker 10: Time for an insurance check up free no obligation comparison
Speaker 10: call Compass Insurance paying too much your coverage at dozens
Speaker 10: of insurance companies find out now three O three, seven
Speaker 10: to seven to one help. You'll think you're his only
Speaker 10: customer when you choose Frank durand the Real estate Man
Speaker 10: dot com to list your home with Remax Alliance three
Speaker 10: three nine two zero, sixteen twenty two.
Speaker 5: You are listening to six thirty Talk Radio six thirty
Speaker 5: K Howe khow to the Troubleshooter Show.
Speaker 6: My name is Marco Bendinelli.
Speaker 5: Am honored to be filling in for Mark Major and
Speaker 5: Tom Martino, both who.
Speaker 6: Are not in town today.
Speaker 5: And we can talk a little bit about a little
Speaker 5: more about that. My name again is Marco Bendanelli. I'm
Speaker 5: a local practicing attorney from the Bendanelli Law Firm.
Speaker 6: We've been in business in.
Speaker 5: Denver since nineteen ninety seven and as I like to say,
Speaker 5: we are the best choice for the injured we represent.
Speaker 5: We're a personal injury law firm. If you have any
Speaker 5: questions today about personal injury or any other legal questions,
Speaker 5: you give us a call, you know, and as normal
Speaker 5: or as usual, we answer questions and listen to complaints
Speaker 5: and solve problems for consumer. Tom Martino has been a
Speaker 5: consumer advocate, the People's Champion for forty five years, amazing
Speaker 5: longest syndicated radio show in the country.
Speaker 6: And uh before the break, we were getting.
Speaker 5: A little update on some of the past calls and
Speaker 5: some of the past problems that have been reported and
Speaker 5: deputy be Bo.
Speaker 6: Bo and I can talk sometimes.
Speaker 5: You know. It's it's really a good skill for while
Speaker 5: you're on the radio, you know, for a.
Speaker 6: Trial lawyer, it's not that important, but not that you're here.
Speaker 5: Yeah, I'll take the marbles out of my mouth while
Speaker 5: we get.
Speaker 20: An update from W to b wy Bow there it is. Again,
Speaker 20: Bo is a lot easier to say than Dmitri. But
Speaker 20: I just want to finish up with this Peggy with
Speaker 20: the sewer smell.
Speaker 8: I just want to emphasized what the power of the
Speaker 8: Tom Martino Troubleshooter Show has because of our involvement in bugging,
Speaker 8: in harassing, and not harassing, just communicating with the management company.
Speaker 9: Uh, they were able to because of the involvement of us.
Speaker 8: I just got to stress that because this lady would
Speaker 8: still be there suffering, the management company canceled her lease.
Speaker 8: They found her a brand new apartment building in her system,
Speaker 8: in their system.
Speaker 9: And they paid for her to move out.
Speaker 8: Now, I never could figure out where the smell was
Speaker 8: coming from in the State of Colorado Health Department didn't
Speaker 8: reveal it to me. But I just think that was
Speaker 8: a great story that we were because of the involvement
Speaker 8: of the show. They paid for a moving and expenses
Speaker 8: and canceled her lease. So she's in a nice place.
Speaker 8: Peggy's in a nice, good place now with no odors.
Speaker 8: So with that, I'd like to turn it back over
Speaker 8: to our Lieutenant Gary Meal spot with the Aurora Police
Speaker 8: Department for some questions for him, and we're honored to
Speaker 8: have him in here.
Speaker 6: Do you have any questions for him?
Speaker 5: Both, yes, I.
Speaker 9: Actually uh do.
Speaker 8: I'd like to find out about when you get I've
Speaker 8: always heard when you get pulled over that basically and
Speaker 8: I've never done this, but basically under the constitution or
Speaker 8: our rules of government that you you don't have to
Speaker 8: talk to a police officer.
Speaker 9: David, I'm thinking, do you even have to legally show them?
Speaker 9: The idea?
Speaker 19: If you get pulled over, you are obligated. Driving is
Speaker 19: not a right, it's a privilege, and you have you
Speaker 19: have an obligation under the Motor Traffic Motor Vehicle Traffic
Speaker 19: Code and the Revised Traffic Statutes to provide your driver's license,
Speaker 19: registration and proof of insurance. You don't necessarily you have to.
Speaker 19: You can exercise your First Amendment rights. You don't necessarily
Speaker 19: have to answer any other questions. You're not compelled to
Speaker 19: do that, but you have to provide that documentation otherwise
Speaker 19: you can be sighted. And depends on the nature of
Speaker 19: the charge. There's charges like traffic infractions where there's no
Speaker 19: jail time involved, and then there are offenses where higher
Speaker 19: misdemeanor traffic offenses where in fact you could possibly potentially
Speaker 19: be jailed.
Speaker 5: So and you know, and we should mention, you know,
Speaker 5: refusing to talk to a police officer is not a
Speaker 5: recommended course of action.
Speaker 6: Yeah, that's true.
Speaker 19: I mean, you know it's it's it's not a recommended
Speaker 19: course of action. I mean the basics are, you keep
Speaker 19: your hands where you can see them. If it's night time,
Speaker 19: you turn your dome light on, don't be reaching into
Speaker 19: the glove box or under your seat, or it'd be
Speaker 19: ideal if you could put your you know, they have
Speaker 19: these visor clips where you can put your proof of
Speaker 19: insurance and your registration right there and have those documents
Speaker 19: accessible and have your hands clearly on the wheel, turn
Speaker 19: your dome light on, right and be.
Speaker 5: Respectful to really appreciate being able to see your hands
Speaker 5: the key as they're approaching your vehicle.
Speaker 6: That's the key.
Speaker 5: And like the lieutenant said, uh, probably on the steering
Speaker 5: wheel is the best place.
Speaker 6: That's the best place.
Speaker 19: You don't be reaching in the center console, you don't
Speaker 19: go in the glovebox, you don't go to your seat.
Speaker 19: That's called furtive movements, you know, and that's going to
Speaker 19: peak the suspicion of the officer, obviously from an officer
Speaker 19: safety perspective.
Speaker 6: I have a question for you. Have you ever worked
Speaker 6: in traffic. Yes, I was a supervisor of traffic at
Speaker 6: one point.
Speaker 5: Okay, so you know the police officers that sit on
Speaker 5: the side of the road with the gun, the radar gun, right,
Speaker 5: you know, and it could be laser. What is it
Speaker 5: could be laser? Could be laser. But my question is
Speaker 5: I've always heard that you if you go nine over okay,
Speaker 5: now nine miles an hour over the speed limit, and
Speaker 5: maybe thats just applies to the highway. I don't know, Like,
Speaker 5: if you know the speed limit is fifty five, if
Speaker 5: you go sixty four, you.
Speaker 6: Won't get pulled over.
Speaker 19: Well, that's pretty much the discretion of each police department,
Speaker 19: and especially when it comes to the traffic unit.
Speaker 5: I want you to give our listeners some inside information.
Speaker 19: Well, I definitely wouldn't go definitely if I'm I wouldn't
Speaker 19: go over ten miles over the speed limit on the
Speaker 19: highway and obviously the city. I mean when you're talking
Speaker 19: to the city limits, when you're five to nine miles over,
Speaker 19: then you're looking at getting pulled over. But once again,
Speaker 19: when I'm talking about you got to understand the traffic
Speaker 19: units in these respective police departments. Should they have one.
Speaker 19: Their whole measure of performance is traffic tickets. I say,
Speaker 19: that's how they.
Speaker 6: Get measured by. I won't.
Speaker 19: I won't be so bold as to say there is
Speaker 19: a quota per se, but it's very dependent on your
Speaker 19: evaluations and so forth, if you're in traffic and you're
Speaker 19: doing speed enforcement in particular, or maybe they have a
Speaker 19: different campaign going on, like right now, the big campaign
Speaker 19: is expired plates. They they looked aside for the longest
Speaker 19: time because they had bigger fish to fry, and then
Speaker 19: because of the human cry of the public, because there
Speaker 19: was such an extensive amount of people that were driving
Speaker 19: around and with expired plates or misused plates or what
Speaker 19: have you, then they have certain campaigns just like click
Speaker 19: it or ticket with your seatbelt.
Speaker 5: So yeah, frankly, I'm from Pennsylvania, and you could not
Speaker 5: drive a vehicle that you had an expired sticker.
Speaker 6: Or when I.
Speaker 5: Got the Colorado albeit it was, you know, nineteen ninety seven,
Speaker 5: long time ago, but I was shocked that people ride
Speaker 5: around Colorado, Denver in particular, with expired place no plates,
Speaker 5: every day license plates and and there was like no consequences.
Speaker 5: It blew my mind. That was it was not like
Speaker 5: that in Pennsylvania.
Speaker 6: Well, it just comes with the times.
Speaker 19: I mean, there's certain times where traffic enforcement unless you're
Speaker 19: in a traffic unit as I've mentioned, per se, but
Speaker 19: if you're you're a patrol officer, oftentimes you've got your
Speaker 19: going call to call to call, and you make a
Speaker 19: traffic contact, you know, then what's going to happen. You're
Speaker 19: going to be tied up quite a bit. And it
Speaker 19: depends on, like I said, the nature of the traffic
Speaker 19: stop itself. And oftentimes, like I said, if you're really
Speaker 19: busy in the peak hours of the shift and you're
Speaker 19: an actual traffic officer on routine patrol, you're usually hammered.
Speaker 19: I know on Aurora, I mean we had so many
Speaker 19: calls pending. Uh, it was beyond on the beyond belief.
Speaker 5: You mean calls that would pull the traffic officers off
Speaker 5: of traffic duty.
Speaker 19: No, not the traffic officers, Okay, the traffic offeroint time.
Speaker 19: The traffic officer would come off duty if it was like,
Speaker 19: you know, a very high profile call like a barricaded
Speaker 19: gunman or or some sort of a swat call where
Speaker 19: they needed to secure a perimeter and there was not
Speaker 19: enough resources, so traffic or whomever would come out there
Speaker 19: secure the perimeter of the swat call or something, you know.
Speaker 6: As egregious as that.
Speaker 19: But as far as routine calls for service, you know,
Speaker 19: maybe an officer would ask for a backup and there
Speaker 19: wasn't any backups really, you know, that were tied up
Speaker 19: or a certain distance away, then maybe a traffic officer would
Speaker 19: swing by to be a backup officer r you know,
Speaker 19: but normally, outside those parameters, they're pretty much, you know,
Speaker 19: limited to doing traffic enforcement.
Speaker 5: Really interesting stuff. We have to take a short break.
Speaker 5: Stay tuned in. It'll be to your benefit. We'll be
Speaker 5: right back after this.
Speaker 10: Go with a sure thing Denver's best roofer excel roofing
Speaker 10: dot com. You don't pay a cent until you're content.
Speaker 10: Time for an insurance checkup free no obligation. Comparison call
Speaker 10: Compass Insurance paying too much your coverage at dozens of
Speaker 10: insurance companies find out now three all three seven to
Speaker 10: seven to one.
Speaker 6: Help.
Speaker 10: You'll think you're his only customer when you choose Frank
Speaker 10: durand the real estate Man dot com to list your
Speaker 10: home with Remax Alliance three all three nine two zero
Speaker 10: sixteen twenty two.
Speaker 5: That's a mean guitar. Right there, you are back listening
Speaker 5: to the Troubleshooter Show. This is Marco Bendinelli filling in
Speaker 5: for Tom Martino and Mark Major. Privileged to do so
Speaker 5: U in case you just joined us. We've had a
Speaker 5: very exciting show today. A number of controversial topics, interesting topics.
Speaker 15: You know.
Speaker 5: Callers brought up some uh uh you know, some great
Speaker 5: things to talk about. Unfortunately, uh for one, uh we
Speaker 5: had a you know, a death resulting from a COVID shot.
Speaker 5: But anyway, it's been a great show so far. We
Speaker 5: have a special guest with us today, Gary Millspaugh uh
Speaker 5: and we have Deputies Bo and Deputies Dmitri in studio
Speaker 5: with us. Always a pleasure, always exciting. Thank you, Thank
Speaker 5: you have good things to say and add colorful comments.
Speaker 5: In fact, we're going to go to Deputy Dmitri right now. Uh,
Speaker 5: he has some questions about I think liability insurance.
Speaker 6: Is that what you mentioned?
Speaker 10: Mark?
Speaker 7: You may recall that I said that I have a
Speaker 7: boatload of insurance. I maxed out all of the policy
Speaker 7: limits on both my auto and my umbrella policy. And
Speaker 7: I did that not only to protect myself in the
Speaker 7: event of you know, through medpay and similar things, but
Speaker 7: I also did that to protect the other party. In
Speaker 7: case I really do accidentally insure somebody, I feel like
Speaker 7: I'll bear some responsibility. So my question is from the
Speaker 7: perspective of a guy who doesn't want to face you
Speaker 7: in court. So the fact that's why, well, now you
Speaker 7: can't represent anybody against me, right because I'm asking you
Speaker 7: this question. So the question is this, since I have
Speaker 7: a boatload of liability, does it make me a much
Speaker 7: more of a juicier target for somebody like you? And
Speaker 7: if so, are you going to put in more time
Speaker 7: and effort and resources into pursuing this case? And furthermore,
Speaker 7: on the other side, because the insurance company is on
Speaker 7: the hook for such a huge amount of money, can
Speaker 7: I count on them hiring me a better lawyer than
Speaker 7: the otherwise would if I had just a state mandated minimums.
Speaker 6: Well, I answered the last question first.
Speaker 5: He answers no, because, well, they contract with certain firms,
Speaker 5: and regardless of whether you got million dollars worth of
Speaker 5: coverage with them or twenty five thousand worth of coverage
Speaker 5: with them, they'll they'll hire the same typically, they'll hire
Speaker 5: the same defense counsel.
Speaker 6: With unlimited number of hours. Well, they could build, yes.
Speaker 5: Because you know, any insurance policy carries with it two
Speaker 5: obligations from the inshort er.
Speaker 6: You got it. That's that's the difficult to say. In
Speaker 6: short er.
Speaker 5: Anyway, they have a duty to defend and then a
Speaker 5: duty to indemnify. And the duty to defend is what
Speaker 5: you're talking about. And so they will get counsel for
Speaker 5: you and defend any claims against you. Now, you you
Speaker 5: said you bought you buy lots of liability insurance for
Speaker 5: two reasons. That's one of them was because I want
Speaker 5: to be responsible if I hurt somebody that I don't
Speaker 5: think in thirty years maybe I heard that before, but
Speaker 5: it's usually a cya, you know, cover your rear. Motivation
Speaker 5: to buy extra insurance, Yeah, Marco, I don't want a
Speaker 5: lifetime of guilt if I do make a mistake and
Speaker 5: cost someone's life.
Speaker 7: Or health or their ability to move around. That is
Speaker 7: a I don't want to live with that.
Speaker 5: That's a rare perspective, and I applaud you for that.
Speaker 5: But your primary question is, you know, does that make
Speaker 5: you a bigger target? Tom, who has an issue with
Speaker 5: carpet mill, will be right with you.
Speaker 6: Tom, stay on the line.
Speaker 5: But in answering Deputy Dmitry's question, the answer is likely no,
Speaker 5: that you would not be a bigger target because you know,
Speaker 5: when a case, for example, a case comes into my office, right,
Speaker 5: you know, I evaluate cases based on two preliminary criteria.
Speaker 5: Number one is liability, right you know, with someone else responsible.
Speaker 5: And number two is damages and whatever the damages are,
Speaker 5: the damages are.
Speaker 6: You know, I don't really think.
Speaker 5: That you can you know, you know, if you have
Speaker 5: a ten thousand dollars claim, you know the fact that
Speaker 5: the defendant has a million dollars of insurance, you know,
Speaker 5: because really you can't push or or you can't overestimate
Speaker 5: the value of damages. Do you know, even after thirty years,
Speaker 5: I think to myself sometimes when I'm reviewing a file
Speaker 5: or sitting and talking with a client.
Speaker 6: You know, my evaluation is what would a jury do right?
Speaker 5: Because you know, people think that, you know, there's runaway
Speaker 5: juries and outrageous verdicts, and.
Speaker 6: You know that hasn't been my experience.
Speaker 5: You know, it's like, these are regular people and you're
Speaker 5: going to have to tell them a story about what happened,
Speaker 5: what your damages were, you know, what harm was incurred,
Speaker 5: and they're going to be reasonable people, and you know
Speaker 5: they're gonna they're gonna come back, Hopefully they're gonna come
Speaker 5: back with something that's fair. And you know, and and
Speaker 5: even though I talked earlier about the fact that my
Speaker 5: law firm I think is different than others in that
Speaker 5: we litigate cases more than others. Were not a settlement meal.
Speaker 5: We actually represent clients. You know, it's about uh, getting
Speaker 5: the insurance carrier to be fair?
Speaker 6: And are we are? We moving into a break right now?
Speaker 5: Tom, stay on the line.
Speaker 6: We'll be with you.
Speaker 5: I talked too much, Uh, stay on, stay tuned in.
Speaker 6: We'll be back after this.
Speaker 10: Go with a sure thing Denver's best Rufer Excel Rufe.
Speaker 10: You don't pay a cent until you're content. Time for
Speaker 10: an insurance check up free no obligation comparison call Compass
Speaker 10: Insurance Paying too much your coverage at dozens of insurance
Speaker 10: companies find out now three oh three seven seven one help.
Speaker 10: You'll think you're his only customer when you choose Frank
Speaker 10: durand the Real estate Man dot com to list your
Speaker 10: home with Remax Alliance three oh three nine two zero
Speaker 10: sixteen twenty two.
Speaker 2: Yeah, rip.
Speaker 3: News.
Speaker 6: You need advice who.
Speaker 3: You don't have? Come run anxious as fast as we can.
Speaker 2: Shooter's gonna help.
Speaker 6: Come man, this is the Troubleshooter Show.
Speaker 5: Now Tom Martine, It is not Tom Martinez, it is
Speaker 5: Marco Bendinelli from the Bendinelli Law Firm, the best choice
Speaker 5: for the injured in Colorado. You know, the best law
Speaker 5: firms are not necessarily the ones that advertise the most
Speaker 5: CEO law firm.
Speaker 6: That's our website.
Speaker 5: Bendanelli Law Firm can be found at www ceo like
Speaker 5: coloradocolaw Firm dot com. Go there if you need us
Speaker 5: and you will be served anyway. We are back at
Speaker 5: the Troubleshooters Show, the home of the consumer advocate, Tom Martino,
Speaker 5: the best in the country.
Speaker 6: He's been doing.
Speaker 5: This for forty five years, taking your complaints, listening to
Speaker 5: you and actually caring, and then getting involved in your
Speaker 5: circumstance and working it out to your benefit. He holds
Speaker 5: people accountable. This is not just entertainment, although we hope
Speaker 5: you're entertained, but this is actually Troubleshooter Show and Tom
Speaker 5: solves problems. There's been hundreds of millions of dollars in cash,
Speaker 5: merchandise and services recovered for consumers everywhere. And you can
Speaker 5: reach us now. We have a caller on online. Tom
Speaker 5: will be with you in a second, but you can
Speaker 5: call in at and reach us at three O three Martino,
Speaker 5: three oh three Martino or three O three seven one
Speaker 5: three Talk. You can also email us at help at
Speaker 5: troubleshooter dot com and we don't have to be on
Speaker 5: the air for you to email us. You can email
Speaker 5: us at any time in a day and we will
Speaker 5: get it and we will be responding to you. So
Speaker 5: Tom is on the line. Tom has an issue with
Speaker 5: carpet meal. That's all I know. So I'm gonna ask Tom,
Speaker 5: what is your issue with carpet meal?
Speaker 1: Am I there?
Speaker 6: You are there, sir?
Speaker 1: All right? About a month ago I went to get carpet.
Speaker 1: I'm doing a project in the basement, okay. And it
Speaker 1: was like a Thursday. I went into a carpet store
Speaker 1: and picked out carpet, and then Sunday the guy came
Speaker 1: out and measured.
Speaker 5: Okay, all right, that's usually how it works.
Speaker 1: Yeah, and uh so Monday. That was Sunday, like a
Speaker 1: month ago. Monday. I came in, I went back to
Speaker 1: the carpet store, signed a bunch of papers, gave him
Speaker 1: my credit card number. He took money out of my
Speaker 1: credit card and say, okay, next Monday, we'll install. Now,
Speaker 1: this was like a month ago.
Speaker 6: Right, you said that. Okay, So what happened?
Speaker 1: They Monday came, nobody showed up.
Speaker 6: Tom, Hang on second, Tom.
Speaker 7: So are we to understand that today came, which is
Speaker 7: also Monday.
Speaker 5: And you still don't compet?
Speaker 1: This was Monday, three three weeks.
Speaker 7: Yeah, I know, I know, but we're talking. Let's talk
Speaker 7: about today, which is also Monday. Do you have your
Speaker 7: new carpet or not?
Speaker 1: No, I don't have my new carpet.
Speaker 6: Why not.
Speaker 1: Nobody showed up?
Speaker 6: Well, I'm sure you called them. What they said?
Speaker 1: I paid them sixteen dollars for the carpet. They wanted
Speaker 1: me to pay for the carpet and the installation. I
Speaker 1: refuse to pay for the installation until after it's done.
Speaker 7: Is that why they haven't installed the carpet, because you
Speaker 7: haven't paid for the installation.
Speaker 1: No, they said they came today, and nobody came today.
Speaker 6: Wait, that doesn't make sense.
Speaker 1: After this was after we settled the first dispute.
Speaker 6: So I heard what what?
Speaker 15: What?
Speaker 6: What?
Speaker 5: How many disputes were there? I thought there was only one.
Speaker 5: You paid for the carpet and they didn't deliver.
Speaker 1: Yeah, you won't let me. Do you want me to
Speaker 1: let me explain? Well, first time, the first time I
Speaker 1: called and they said that I didn't sign the contract.
Speaker 1: This was three weeks ago. So I went back to
Speaker 1: the store that week and I signed another contract, and
Speaker 1: then that was supposed to be all good until this monday.
Speaker 1: They were supposed to come this Monday and install it,
Speaker 1: and then I was going to pay for the installation
Speaker 1: after it was done. Well, they never came today.
Speaker 21: I hate to break it to you, but today's not over.
Speaker 1: I've already talked to them. They said they were here.
Speaker 1: They weren't here. They said they called, they didn't call.
Speaker 1: So now it's to the point where I don't want
Speaker 1: to use these guys the carpet mill anymore.
Speaker 5: Which there's a bunch of carpet mills in Colorado.
Speaker 6: Which which story are you talking about? There are?
Speaker 1: And uh, if you want me to specify the store,
Speaker 1: this the one on West.
Speaker 6: Colfax by Denver West.
Speaker 1: No, not that Colefax and Kipling.
Speaker 6: Okay, yeah, okay, So.
Speaker 7: Tell them are they going to reschedule the installation and
Speaker 7: show up on another day?
Speaker 1: Or they call and they said they won't reschedule it
Speaker 1: unless I pay for the installation.
Speaker 5: So do you think the whole thing is related to uh,
Speaker 5: prepayment for the installation.
Speaker 6: It seemed like they told you that before.
Speaker 1: Uh, well, we had it. We had it to where
Speaker 1: I wasn't going to pay for the installation untill after
Speaker 1: it was done.
Speaker 6: And they agreed to that.
Speaker 1: They agreed to that. So you gave him sixteen hundred
Speaker 1: dollars agreed to that?
Speaker 6: You gave him sixteen hundred dollars.
Speaker 1: I paid for the carpet, yes.
Speaker 6: And how much is the installation?
Speaker 1: It was another sixteen hundred or thirteen or something like that.
Speaker 5: Yeah, okay. And and did you talk to the manager
Speaker 5: and he said, okay, you don't have to pay for
Speaker 5: the installation until after we inssaw the carpet.
Speaker 6: Did you have that agreement?
Speaker 1: We had that agreement until today in writing? In writing, yes, okay.
Speaker 5: So is there a reason that that you wouldn't pay
Speaker 5: for the installation. It seemed like, you know, they're a
Speaker 5: big business, they're.
Speaker 1: A reputabilitation before it's done.
Speaker 5: Okay, Well you paid for the carpet before you before
Speaker 5: you had it in your possession.
Speaker 1: Never pay up front, Never pay up front for anything.
Speaker 15: You know.
Speaker 5: It seems like, well, you know what, Listen, we'll investigate
Speaker 5: that off that time.
Speaker 9: Tom, this is bo.
Speaker 8: Do you want me to call over there during the
Speaker 8: break find out about this agreement you have with getting
Speaker 8: paying them when the job is done. I mean, if
Speaker 8: you have something in writing or from the manager of
Speaker 8: the carpet mail on colfax, you should be a no brainer.
Speaker 8: That sounds like to me. It sounds like to me,
Speaker 8: you just want to maybe cancel the whole deal. That's
Speaker 8: what I'm getting from you.
Speaker 1: Well, you know, at this point, maybe I do. All
Speaker 1: I want is carpet in the basement, and I don't
Speaker 1: want to I'm not going to pay for the installation
Speaker 1: till after it's done.
Speaker 9: And now, Tom, what did they actually go ahead?
Speaker 5: And they may say, and they may say, we're not
Speaker 5: installing the carpet until you pay for the carpet and
Speaker 5: the installation.
Speaker 1: Have you talked to Tom Martino lately? What Tom Martini
Speaker 1: pay for installation until after it's done?
Speaker 6: You know what.
Speaker 5: I'm not gonna speak for Tom, h but well, you
Speaker 5: know what we'll do is listen, you think.
Speaker 21: We should come in the last forty years, then don't
Speaker 21: do business with the company if you've got to pay
Speaker 21: for everything up front. My friend, It's that simple. That's
Speaker 21: what Tom has said for years. You can plays and
Speaker 21: he's got no problem with whatever.
Speaker 1: I'm not gonna pay for the installation until after it's done.
Speaker 21: And you have an agreement with that. You've got the
Speaker 21: contract written out's stating that fact.
Speaker 1: Agreement with that.
Speaker 21: Yeah, it is written in the content.
Speaker 1: You talk to general man the job said Tom, I'm
Speaker 1: gonna do it till after.
Speaker 21: Tom everything Tom, Tom, Oh, are you thereready?
Speaker 6: Dragon? Tom?
Speaker 1: Yeah, I'm here.
Speaker 21: Okay, You've got that written in the contract from the
Speaker 21: manager stating for the fact that you do not have
Speaker 21: to pay for installation until it is done. Yes or no,
Speaker 21: that's right, perfect right. Email that over to us and
Speaker 21: we'll work on it.
Speaker 5: Can you do that?
Speaker 9: It's good advice, dragon.
Speaker 6: Tom. Can you do that?
Speaker 1: Call that guy out there.
Speaker 21: Tom. We will need the contract in order to fight
Speaker 21: for you. Do you have that in the contract?
Speaker 15: Don't know?
Speaker 1: Then no, I've got it.
Speaker 6: You seem pretty sure.
Speaker 9: But listen, that's good advice dragon Tom.
Speaker 8: Just email us the contracts so we can look at
Speaker 8: it and if that language is stated, we'll call over there.
Speaker 5: And you know, so email that and we have your
Speaker 5: number and we will investigate that. We need to see
Speaker 5: it in the contract obviously, and uh, and we'll investigate
Speaker 5: it for you.
Speaker 6: Tom.
Speaker 5: Listen, Tom, Uh, we're gonna cut bye, Tom, see you, Tom.
Speaker 6: We're gonna go to Joseph. Uh. You know what.
Speaker 5: Listen, we we are limited by our.
Speaker 6: Humanness and so we will uh.
Speaker 5: Cut ties with Tom.
Speaker 9: Good luck.
Speaker 5: Oh, Joseph, you have a question of fire returny. We
Speaker 5: need to take a short break, So stay on the
Speaker 5: line and we'll be right back.
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Speaker 10: dot com. You don't pay a cent until you're content
Speaker 10: time for an insurance check up free no obligation comparison
Speaker 10: call Compass Insurance paying too much your coverage at dozens
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Speaker 10: to seven to one help. You'll think you're his only
Speaker 10: customer when you choose Frank durand the real estate man
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Speaker 10: three nine two zero sixteen twenty two.
Speaker 5: I'll let you listen to that music just another second
Speaker 5: or two more because it was so good. Anyway, if
Speaker 5: you just joined us, you you've just you missed an
Speaker 5: exciting time where we had a caller start swearing and screaming,
Speaker 5: and you know makes for exciting radio.
Speaker 6: We want to help consumers.
Speaker 5: Tom Martino, uh set that precedent, and you know Tom
Speaker 5: is is the is the national leader. Really he's been
Speaker 5: doing this show, The Troubleshooter for forty five years. And
Speaker 5: so call us what a problem. We will help. Tom
Speaker 5: called and had a problem with carpet meal. But perhaps
Speaker 5: he did not want to pay for the services. And
Speaker 5: Tom Martino does say, you know, you could pay for
Speaker 5: materials and maybe not pay for installation or for the
Speaker 5: work being done until.
Speaker 6: It was completed.
Speaker 5: Apparently Carpet Mill doesn't do things like that, and so
Speaker 5: Tom needed to do business with someone else basically. So anyway,
Speaker 5: that was rather exciting. This is my first time hosting
Speaker 5: for Tom Martino and Mark Major, and I've never had
Speaker 5: so that would be the first time I had someone
Speaker 5: swear at me on the radio. Rather exciting for a Monday.
Speaker 6: Yeah, it's not the first time that happened here.
Speaker 7: But dragging behind the glass over there is pretty good
Speaker 7: at intercepting these and re walked down the clock.
Speaker 6: He's got some kind of a time machine over there,
Speaker 6: something like that. I wasn't prepared for that.
Speaker 5: I don't know if I could have been, frankly, but anyway,
Speaker 5: we are here to help. Three to three Martino, three
Speaker 5: oh three Martino.
Speaker 6: We've got a couple open lines.
Speaker 5: You can call in or email us at help at
Speaker 5: troubleshooter dot com.
Speaker 9: I have a question for Gary there, Marco Okay.
Speaker 5: Gary is our special guests in studio, Gary Millspaw. He
Speaker 5: is a retired Aurora police officer. Uh and he's ready
Speaker 5: to field a question by Duppy bow.
Speaker 1: Not just.
Speaker 8: His dad is actually gold plated. I took a picture
Speaker 8: of it. I'm gonna bargain for it after the show.
Speaker 8: So Gary, I've always wondered this, if, please, when you
Speaker 8: get pulled over and we're talking about a person's constitutional rights,
Speaker 8: what's the story when a police officer asks you to
Speaker 8: step out of the car. Are you under I know
Speaker 8: you're not really under obligation to talk to him, but constitutionally,
Speaker 8: do I have to step out of the step out
Speaker 8: of the car.
Speaker 19: That's an interesting question. Yes, here's what I would it
Speaker 19: is there is case law that from an officer safety perspective,
Speaker 19: if he asked you to get out of the vehicle,
Speaker 19: you need to get out of the vehicle. Otherwise it's
Speaker 19: going to be a bad outcome, especially depending on the circumstances.
Speaker 19: Obviously every situation is different. What was the nature of
Speaker 19: the contact? What I would say is, if you get
Speaker 19: pulled over, do not get out of the car until
Speaker 19: unless the officer asked you to get out of the car.
Speaker 19: Because there's been I've seen and experienced and seen had
Speaker 19: bad results and seen so many videos which we see
Speaker 19: all the videos all the time in training during briefings
Speaker 19: of officers getting attacked or violently attacked or even killed
Speaker 19: by people that are coming out of their vehicle and
Speaker 19: coming toward them, and then they pull produce a weapon
Speaker 19: sometimes of what have you. So I would highly recommend
Speaker 19: if you get pulled over, stay in the car. Do
Speaker 19: not get out of the car. You know, you know,
Speaker 19: there could be a variety of reasons why you're being contacted.
Speaker 19: You might not even know. You may know why you're
Speaker 19: being contacted. You may know your speeding, you may know
Speaker 19: that you were driving radically, or maybe you don't know
Speaker 19: why you're being pulled over. But either way, do not
Speaker 19: get out of the vehicle unless the officer asks you.
Speaker 19: And then if the officer does, for officers safety, ask
Speaker 19: you to get out of the vehicle, then get out
Speaker 19: of the vehicle. You don't necessarily have to violate your
Speaker 19: First Amendment rights. As I said before, it's a different
Speaker 19: thing if an officer asks you, is that address on
Speaker 19: your driver's license valid? Is the registration the address of valid?
Speaker 19: Because if they're going to issue a ticket, they've got
Speaker 19: to know that you're going to show up at court
Speaker 19: and that they have accurate information whereas to send this,
Speaker 19: you know, to summons or whatever. If you don't appear
Speaker 19: otherwise you got some other problems. If they have reasona
Speaker 19: believe you're not going to appear in court, then you
Speaker 19: might have to be post to bail.
Speaker 6: But anyway, that's the point.
Speaker 5: Okay, I got a question for Deputy both Why is
Speaker 5: that a? Why was that?
Speaker 6: Your second question?
Speaker 5: On?
Speaker 6: How do I?
Speaker 5: How am I able to not cooperate with law enforcement?
Speaker 8: Well, it's never happened to me, But I'm just curious
Speaker 8: if someone if an officer asks someone to get out
Speaker 8: of the car, let's say it's a suspicion for do
Speaker 8: you why? I just don't think constitutionally a person has
Speaker 8: an obligation to step out of the car. And then
Speaker 8: what does the officer do? Because Gary, I'm sure you
Speaker 8: had instances where people will not get out of the
Speaker 8: car which you've asked them to get out of the car.
Speaker 9: So what is the.
Speaker 5: Next how do you do roadside sobriety tests or roadside
Speaker 5: maneuvers if you won't get out of the vehicle when
Speaker 5: the officer suspects that you're intoxicated.
Speaker 9: Well, is what a criminal offense to not get out
Speaker 9: of the car?
Speaker 6: Is that a Well?
Speaker 19: You know, I understanding from case law from an office
Speaker 19: is purely from an officer's safety viewpoint that you need
Speaker 19: to get out of the car if the officer feels
Speaker 19: that his safety may be in jeopardy. As far as
Speaker 19: roadside maneuvers, you can decline they're consensual. You don't have
Speaker 19: to do roadside maneuvers if the officer asked me to do.
Speaker 19: You're not under you're not compelled to do that.
Speaker 9: Okay, you're not compelled, so you don't have to you.
Speaker 6: Don't have to do road you know.
Speaker 5: I would say as a general consensus, UH to cooperate
Speaker 5: with law enforcement and things are likely to not escalate
Speaker 5: with a with a police officer if you cooperate, I
Speaker 5: would say that the chances dramatically increase that the circumstance
Speaker 5: and the situation will escalate should you be defiant, uncooperative, disrespectful.
Speaker 5: So you know, those those character traits are probably not
Speaker 5: useful in any circumstance.
Speaker 19: Well, well, you're correct, because it could lead to an
Speaker 19: officer's discretion if he has the ability to end up
Speaker 19: placing you under arrest, whereas he could let you go
Speaker 19: maybe by a summons and one In either case, whether
Speaker 19: he lets you go with summons and whatever the case
Speaker 19: may be, he's going to put in his notes what
Speaker 19: your attitude was. He's going to mark that down. He's
Speaker 19: gonna be very specific on how you responded to the
Speaker 19: contact to your point and the assistant DA. When he
Speaker 19: gets that that case brought before him and he reads
Speaker 19: the officer's notes, you're probably less inclined to get some.
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Speaker 10: dot com. You don't pay a cent until you're content.
Speaker 10: Time for an insurance checkup free, no obligation. In comparison,
Speaker 10: call Compass Insurance paying too much your coverage at dozens
Speaker 10: of insurance companies find out now three O three seven
Speaker 10: to seven to one help. You'll think you're his only
Speaker 10: customer when you choose Frank durand the real estate Man
Speaker 10: dot com to list your home with Remax Alliance three
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Speaker 5: Thank you for joining us. This is the Trouble Shooter Show. Uh,
Speaker 5: Tom Martino and Mark Major are not here. I'm filling in.
Speaker 5: My name is Marco Bendinelli.
Speaker 6: We are well.
Speaker 5: My firm represents injured people. We're a personal injury law firm,
Speaker 5: and I am.
Speaker 6: Privileged to be here today.
Speaker 5: Just really taken back, honored that Tom and Mark would
Speaker 5: trust me to host this show. It's been great, it's
Speaker 5: been fun, it's been exciting. Uh, it's been a rather
Speaker 5: up at the Monday. Uh, and time has flown. So
Speaker 5: we're glad you're tuning in. We're glad for your appreciate
Speaker 5: your calls. We invite more. Give us a call at
Speaker 5: three oh three Martino, three three Martino, and let us
Speaker 5: know what's going on with you. Are you having problems
Speaker 5: with a contractor are you having problems with anything anything
Speaker 5: that's consumer related. This show was built by Tom Martino
Speaker 5: as a consumer advocate. Forty five years later, he is
Speaker 5: still strong and helping people that have been taking advantage
Speaker 5: of need help, been ripped off, been you know, suffered
Speaker 5: something some harm at the hand of a scammer. So
Speaker 5: give us a call, we will help. Earlier today, Deputy
Speaker 5: Bo gave us a little update on previous callers. And
Speaker 5: so just to let you folks know that you're not
Speaker 5: talking into the abyss. There is follow up here. There
Speaker 5: are people that care, you know, and your situation will
Speaker 5: be investigated. Uh and uh hopefully we will get you
Speaker 5: some justice.
Speaker 1: Uh.
Speaker 5: So we appreciate you listening. We appreciate your calls. Uh,
Speaker 5: three oh three Martino. You know Tom has been uh.
Speaker 5: You know, we we listened to a rather emotional description
Speaker 5: as to why Tom had been out for months and
Speaker 5: uh and Mark Major gave us some details on that,
Speaker 5: I think for the first time last week. Uh in
Speaker 5: that you know, Tom had been diagnosed, unfortunately with pancreatic cancer.
Speaker 5: And Mark was very emotional as he related to the
Speaker 5: listeners Tom's plight, but was happy to report, more than
Speaker 5: happy to report, really shed tears of joy that you know,
Speaker 5: everybody knows that if you're going to have cancer, Lord
Speaker 5: knows you don't want pancreatic cancer. You know, that is typically.
Speaker 6: A death sentence. You know, I won't mince words.
Speaker 5: And fortunately Tom underwent a surgery that the surgeon was
Speaker 5: able to extract all of the cancer. And you know,
Speaker 5: Tom is going to be fully recovered. He is in
Speaker 5: the three percent of people that survive pancreatic cancer. And
Speaker 5: so we are very very happy about that. We enjoy
Speaker 5: and you know Tom, and you know, he is such
Speaker 5: a talent and he is such a sincere consumer advocate.
Speaker 5: He's done so much for so many people. You know,
Speaker 5: we you know, consumers in general. Oh Tom, you know,
Speaker 5: a debt of gratitude. He's devoted his life to this.
Speaker 5: This is his calling, you know, and he excels at it.
Speaker 5: And you know, one of the reasons that he's been
Speaker 5: so successful is because of his sincerity in wanting to
Speaker 5: bring justice and you know, uncover unscrupulous vendors, and you know,
Speaker 5: and so his longstanding success forty five years, the longest
Speaker 5: syndicated radio show in the country, you know, that doesn't
Speaker 5: happen by accident. And you know, and his popularity, you know,
Speaker 5: is due to his sincerity into what he does. You know,
Speaker 5: this is not a game for Tom. This is his life,
Speaker 5: and he cares about consumers. He cares by consumer rates
Speaker 5: and and he zealously pursues remedies for people that have
Speaker 5: been ripped off, you know, people that have been cheated.
Speaker 5: You know, he's been taking your calls, he's been listening
Speaker 5: to your concerns, and he's been answering questions and solving problems.
Speaker 5: And we are happy to report that Tom will be
Speaker 5: back in this chair, continuing his mission. We're very grateful
Speaker 5: for that. Went an asset you know, to folks everywhere,
Speaker 5: and Mark Major too, Mark has been with Tom what
Speaker 5: twenty years something.
Speaker 6: Like that, something like that, forever and ever and ever.
Speaker 5: You know, and again, and Mark major shares Tom's passion
Speaker 5: and that's why they've been such a successful team.
Speaker 6: You know.
Speaker 5: It's really it's really wonderful one. And I'm just privileged
Speaker 5: to have been exposed to this little bit. And you know,
Speaker 5: I've been down here as a guest a couple of times,
Speaker 5: and you know, it's really compelling. You know, the passion,
Speaker 5: the sincerity, you know, the focus, and so I am
Speaker 5: I'm honored to be sitting in Tom's chair.
Speaker 7: Frankly, Mark, I don't know if this is I think
Speaker 7: that's a good time to ask you for a follow
Speaker 7: up on a case that you called in or we
Speaker 7: called you about a month and a half ago.
Speaker 6: Okay, Now, I'm.
Speaker 7: Used to lawyers in movies saying, hey, I can't comment
Speaker 7: on pending litigations, so that's your out. But but to
Speaker 7: the extent that you can answer or at least bring
Speaker 7: us a little bit up to date on this. You
Speaker 7: may recall about a month month and a half ago,
Speaker 7: a lady called us because her husband unfortunately died as
Speaker 7: a result of choking, and she found out that he
Speaker 7: had an accidental death.
Speaker 5: Policy through his employer, and I can tell you about
Speaker 5: that case, but we need to take a quick break.
Speaker 5: We can't take it.
Speaker 6: I can't wait.
Speaker 5: So stay tuned and you're going to hear about a
Speaker 5: real life circumstance on a life insurance denial. We'll be
Speaker 5: right back after the break. As a guitar player myself,
Speaker 5: I just love that lead guitar. This is Marco Bendinelli
Speaker 5: from the Bendinelli Law Firm, filling in for Tom Martino
Speaker 5: and Mark Major.
Speaker 6: Please to do so, honor, to do so.
Speaker 5: Prior to the break, Deputy Dmitri asked me a question
Speaker 5: about a prior case, which I will answer. However, we've
Speaker 5: got a caller on the line who has a question
Speaker 5: for our special guest, Gary millsbah a retired I said,
Speaker 5: retired police officer. Us are previously and that's not inaccurate,
Speaker 5: but he was actually a lieutenant, and you know there's
Speaker 5: some honor and distinction that comes with that. So that
Speaker 5: is who Gary Millspaw is. He's a retired lieutenant from
Speaker 5: the Aurora Police Department. And we have Pat on the
Speaker 5: line who has a question for Gary.
Speaker 22: Go ahead, Pat good afternoon, gentlemen. Hey, in watching a
Speaker 22: few of those late night police shows, a lot of
Speaker 22: people don't have driver's license when they pull them over.
Speaker 22: How prevalent is that?
Speaker 19: Actually, it's not that prevalent, to be honest with you.
Speaker 19: I mean, most people that we contact, if I had
Speaker 19: to give you a percentage was they did have in
Speaker 19: fact the driver's license. Oftentimes it's an expired driver's license.
Speaker 19: Oftentimes it's a suspended driver's license they have or revoke
Speaker 19: driver's license. That we find out obviously when we run
Speaker 19: it through the database. But as far as people just
Speaker 19: having no valid driver's license period, it's it's kind of unusual,
Speaker 19: but these stakes are a lot higher if you have
Speaker 19: a revoked or a suspended license for a variety of reasons,
Speaker 19: to pay child support DUIs in the past, whatever the
Speaker 19: case may be. Versus a person that just does not
Speaker 19: have a valid driver's license, it's a much lower offense.
Speaker 22: Okay, Okay, Well I just wonder what about people with
Speaker 22: no insurance.
Speaker 19: Yeah, we do come across a lot of that. Unfortunately,
Speaker 19: with that, yes, there is a lot larger population that
Speaker 19: does not have valid driver's license or valid insurance. Oftentimes,
Speaker 19: as you would figure we find that out not only
Speaker 19: traffic stops, but primarily at accident scenes.
Speaker 6: Gary.
Speaker 7: What percentage of the driving population out there would you
Speaker 7: say is uninsured?
Speaker 19: Well, as far as the contacts that I would have,
Speaker 19: I'm just going to say from personal context, I would
Speaker 19: say about forty percent and maybe a lot higher.
Speaker 5: Wow.
Speaker 6: What yeah, wow?
Speaker 22: Shots, Yeah, yeah, that's why we pay uninsured motorists coverage
Speaker 22: and underinsured motorists coverage.
Speaker 5: Well, Pat, I'm gonna jump in there on that comment.
Speaker 5: Hold on a second here, Listen, that is the most important, uh,
Speaker 5: part of everybody's car insurance policy.
Speaker 6: And rarely do people know that h M.
Speaker 5: We call it UM which is uninsured and underinsured motorists.
Speaker 5: That is absolutely the most critical part of your car
Speaker 5: insurance because if that coverage steps into an AT steps
Speaker 5: into the shoes of an at fault.
Speaker 6: Party, that may injure you.
Speaker 5: So really, if they are uninsured, or if they have
Speaker 5: state minimums twenty five thousand, uh, you know, then your
Speaker 5: UM coverridge kicks in. And I've you know, being a
Speaker 5: personal injury lawyer for thirty years, you know, I've seen
Speaker 5: some tragic things, some terrible things, and that M check.
Speaker 5: Sometimes people you're more likely to be disabled in a
Speaker 5: car accident than anything else. And that M check is
Speaker 5: the last check people see before they get some security disability.
Speaker 5: And so anybody that's listening, all the listeners, it is
Speaker 5: the most important part of your car insurance policy. And
Speaker 5: you know, and don't listen to the hype. Got fifteen minutes,
Speaker 5: say fifteen percent on your car insurance. That is not
Speaker 5: the place to be saving money, you know, and people
Speaker 5: don't know that until you know, tragedy strikes. And so anyway,
Speaker 5: we thank you for listening. I appreciate Tom the esteemed
Speaker 5: respected hosts Tom Martine and Mark Major allowing me to
Speaker 5: fill in. Uh, we'll be back at you tomorrow morning.
Speaker 5: Make sure you're listening. Save all your problems for us,
Speaker 5: keep keep your dial tuned.
Speaker 6: We'll see us soon. Thank you,