WEBVTT 1 00:00:00.480 --> 00:00:05.160 Yeah, with. 2 00:00:07.480 --> 00:00:10.519 You need advice, you don't have. 3 00:00:12.679 --> 00:00:16.239 Come running just as fast as we can. 4 00:00:16.399 --> 00:00:17.920 Shooter's gonna help. 5 00:00:18.000 --> 00:00:18.640 Come. 6 00:00:19.839 --> 00:00:24.039 Dix, It's the Troubleshooter Show. Now Tom Martino. 7 00:00:27.280 --> 00:00:30.839 Well, we don't have Tom Martino. We have Marco Bendinelli 8 00:00:30.879 --> 00:00:34.479 in the studio today. I am filling in for Tom 9 00:00:34.520 --> 00:00:38.000 Martino and Mark Major, who happened to be out. We 10 00:00:38.039 --> 00:00:40.520 can talk a little bit about that later, about where 11 00:00:40.560 --> 00:00:42.920 they are and what they're doing. Uh, But we have 12 00:00:42.960 --> 00:00:46.560 a great show uh lined up for you today. We 13 00:00:46.640 --> 00:00:50.359 are ready for your calls. So dial in. Should you 14 00:00:50.439 --> 00:00:55.119 have a question a problem? Three oh three Martino three 15 00:00:55.200 --> 00:00:57.119 O three seven one three. 16 00:00:57.520 --> 00:00:58.960 Eight two five five. 17 00:01:00.159 --> 00:01:03.679 You are listening to the Troubleshooter Show, and you probably 18 00:01:03.719 --> 00:01:07.079 know that this is the home of the consumer advocate, 19 00:01:07.560 --> 00:01:12.319 the people champion, the Tom Martino Show. And as Tom 20 00:01:12.319 --> 00:01:15.239 would say, have you been ripped off taking advantage? 21 00:01:15.560 --> 00:01:17.760 Do you need some help? Well, we are here to help. 22 00:01:17.799 --> 00:01:22.120 For over forty five years, Tom has been listening to 23 00:01:22.200 --> 00:01:29.079 your complaints, answering your questions, and solving your problems. Hundreds 24 00:01:29.120 --> 00:01:33.680 of millions of dollars in cash, merchandise and services have 25 00:01:33.760 --> 00:01:36.920 been recovered. And so if you have any of those 26 00:01:36.959 --> 00:01:39.560 things that you'd like to talk about. Call us now 27 00:01:39.640 --> 00:01:42.120 three O three and call early because we have some 28 00:01:42.239 --> 00:01:47.519 lines open three three Martino, and you can also email 29 00:01:47.640 --> 00:01:51.400 us at help at troubleshooter dot com. 30 00:01:51.879 --> 00:01:54.000 Now again, I am Marco Bendinelli. 31 00:01:54.120 --> 00:01:58.680 I am pleased, honored, privileged to be filling in for 32 00:01:59.000 --> 00:02:03.280 Tom and Mark. This is my first time doing this. 33 00:02:03.799 --> 00:02:05.879 I am excited to be here. We have a great 34 00:02:05.959 --> 00:02:08.479 show lined up for you today. We have a special 35 00:02:08.479 --> 00:02:11.960 guest coming in in a couple hours, a former lieutenant 36 00:02:12.000 --> 00:02:17.240 of the Aurora Police Department, Gary Millspaw, and he'll be 37 00:02:17.280 --> 00:02:20.960 here to answer your questions, tell you some stories, and 38 00:02:21.080 --> 00:02:23.639 it'll be, I'm sure, very exciting and interesting. 39 00:02:23.759 --> 00:02:25.599 Absolutely, Marco, and I think one of the reasons it's 40 00:02:25.639 --> 00:02:27.199 going to be so entertaining is it's going to be 41 00:02:27.199 --> 00:02:31.560 our first ever ask me anything session. So if any 42 00:02:31.599 --> 00:02:34.159 of us, like me and like you who's a big 43 00:02:34.199 --> 00:02:36.520 time lawyer, and any of our listeners have for I 44 00:02:36.560 --> 00:02:39.120 wanted to ask a real cop with about fifty years 45 00:02:39.159 --> 00:02:43.439 experience anything, how to get out of a ticket, How 46 00:02:43.520 --> 00:02:44.800 do you know if they're going to write you a 47 00:02:44.800 --> 00:02:47.360 ticket or give you a warning? How many donuts do 48 00:02:47.439 --> 00:02:49.680 they really eat in the day? Man, this is the 49 00:02:49.800 --> 00:02:51.080 day to start calling in. 50 00:02:51.400 --> 00:02:52.439 I'll tell you that sounds. 51 00:02:52.520 --> 00:02:55.080 I don't know how exciting the donut question is, but 52 00:02:56.080 --> 00:02:58.719 those other ones are relevant and interesting. 53 00:02:58.960 --> 00:03:01.520 Now, my name again is Marco Bendinelli. 54 00:03:02.439 --> 00:03:06.240 I am an owner and founder of the Bendinelli Law Firm. 55 00:03:07.520 --> 00:03:12.360 I've been a practicing lawyer since nineteen ninety five, which 56 00:03:12.639 --> 00:03:15.560 some people would say that is thirty years. I would 57 00:03:15.599 --> 00:03:23.800 say that makes me old, okay, but anyway, I experienced experience, right, tenured, mature. 58 00:03:24.560 --> 00:03:25.039 Anyway. 59 00:03:25.599 --> 00:03:30.719 We can be found at COEO Law Firm dot com. 60 00:03:30.759 --> 00:03:36.120 CEO like Colorado so wwwco Law Firm dot com. And 61 00:03:36.199 --> 00:03:39.639 you can call my law firm if you need me 62 00:03:39.800 --> 00:03:42.400 for any reason at I could be reached at one 63 00:03:42.400 --> 00:03:47.840 eight hundred Attorney, one eight hundred Attorney. So if you 64 00:03:48.000 --> 00:03:51.000 wonder if you have a case you need some legal advice, 65 00:03:51.919 --> 00:03:54.759 you have a question for me, I can be reached there, 66 00:03:54.840 --> 00:03:57.960 not today, but I can be reached at one eight 67 00:03:58.039 --> 00:04:00.199 hundred attorney. 68 00:04:00.240 --> 00:04:03.719 So Marco, will you pick up if somebody calls one 69 00:04:03.800 --> 00:04:04.879 eight attorney? 70 00:04:05.280 --> 00:04:08.400 Well, I hope the line would be answered, but not 71 00:04:08.520 --> 00:04:13.120 by me personally. But I am there. You know, I'm 72 00:04:13.120 --> 00:04:16.240 there forty hours a week. Even though I'm not a 73 00:04:16.279 --> 00:04:19.199 young man. I love what I do. You know, we 74 00:04:19.279 --> 00:04:23.040 have a personal injury law firm, and somewhat like Tom, 75 00:04:23.319 --> 00:04:27.000 you know, it's a little different, but we help people, 76 00:04:27.279 --> 00:04:31.160 you know, and for thirty years. I've been in Colorado 77 00:04:31.199 --> 00:04:36.920 since nineteen ninety seven, and I opened up in my basement. Honestly, 78 00:04:37.000 --> 00:04:39.120 now we have about thirty people strong. 79 00:04:39.959 --> 00:04:42.519 Now thirty people yet thirty people working for you. 80 00:04:42.720 --> 00:04:43.279 Yes, sir. 81 00:04:43.600 --> 00:04:47.319 And we have attracted some of the best legal talent 82 00:04:47.480 --> 00:04:48.079 in the state. 83 00:04:48.879 --> 00:04:51.199 And we help people, you know. 84 00:04:51.360 --> 00:04:54.439 So the premise when I opened up my law firm 85 00:04:54.639 --> 00:04:57.480 was that we want to practice law with excellence, and 86 00:04:57.519 --> 00:05:01.079 we want to practice law with integrity. And we are 87 00:05:01.120 --> 00:05:06.120 personal injury. So people that find themselves injured by the 88 00:05:06.160 --> 00:05:08.519 negligence of another, they call us and. 89 00:05:10.240 --> 00:05:11.600 We get them justice. 90 00:05:11.639 --> 00:05:17.759 And unlike most law firms, we try more cases than 91 00:05:18.120 --> 00:05:21.240 just about any other law firm in the state because 92 00:05:21.319 --> 00:05:25.639 we don't allow our clients to be pushed around, and 93 00:05:26.759 --> 00:05:31.399 I think we are different in that regard. We require justice, 94 00:05:32.040 --> 00:05:35.560 and you know, we don't sell our clients down the river. 95 00:05:36.800 --> 00:05:40.040 And so we had a lot of trial experience and 96 00:05:40.079 --> 00:05:43.480 that's what we do. I've actually set some records in 97 00:05:43.519 --> 00:05:44.040 this state. 98 00:05:45.319 --> 00:05:46.600 I have, Yeah, I have. 99 00:05:48.040 --> 00:05:50.519 Can you tell us, Marco, Well, I'll tell. 100 00:05:50.360 --> 00:05:57.360 You I have two seven figure verdicts within thirty days 101 00:05:57.360 --> 00:06:01.279 of one another, and they were against big corporations. And 102 00:06:01.319 --> 00:06:04.600 by the way, that's been verified by the Colorado Jury 103 00:06:04.800 --> 00:06:09.279 Verdict Reporter, who is a service that keeps track of 104 00:06:09.319 --> 00:06:12.959 all the jury verdicts in the state. And uh so 105 00:06:13.680 --> 00:06:17.399 I've set a record in that regard. And you know, 106 00:06:17.480 --> 00:06:23.240 we we've we've we've accomplished some sizeable verdicts, and a 107 00:06:23.279 --> 00:06:26.360 lot of those verdicts have come, you know, when the 108 00:06:26.399 --> 00:06:30.519 insurance company has really been insulting our clients, you know, 109 00:06:30.839 --> 00:06:35.199 and so we we take them the task and uh 110 00:06:35.240 --> 00:06:37.000 and we've had a lot of success. 111 00:06:37.759 --> 00:06:41.199 So, Marco, I have a question on these successful verdicts. 112 00:06:41.319 --> 00:06:44.639 Where these achieved by your firm actually going to trial. 113 00:06:45.120 --> 00:06:48.240 Well, that's that is a verdict. Uh When you say verdict, 114 00:06:48.279 --> 00:06:51.519 that means that it went to trial. Anything anything other 115 00:06:51.560 --> 00:06:52.519 than that would be a settlement. 116 00:06:52.959 --> 00:06:54.519 Okay, that's a difference. 117 00:06:54.800 --> 00:06:57.920 And I like the way that your firm actually it 118 00:06:58.560 --> 00:07:02.399 takes is not a afraid to go to triut because 119 00:07:02.519 --> 00:07:04.839 I think a lot of these personal injury attorneys that 120 00:07:04.879 --> 00:07:07.920 I've talked to and dealt with, they're just more interested 121 00:07:07.959 --> 00:07:12.800 in doing that backdoor settlement without really testing the waters 122 00:07:13.279 --> 00:07:15.480 and going to trial because I know there's a lot 123 00:07:15.480 --> 00:07:17.920 of preparation and time to go to trial, and I 124 00:07:17.920 --> 00:07:20.319 think a lot of PI attorn attorneys. 125 00:07:19.920 --> 00:07:20.519 Just don't do it. 126 00:07:20.560 --> 00:07:24.720 They just look for an easy, you know, conference call settlement. 127 00:07:25.079 --> 00:07:28.560 It's true, and you know, and that does separate us. 128 00:07:28.639 --> 00:07:32.800 And you know, there's a lot of lawyers on television 129 00:07:32.920 --> 00:07:36.439 and radio that you know that that are vuying for 130 00:07:36.560 --> 00:07:40.759 your attention and your business. And but what the public 131 00:07:40.839 --> 00:07:46.199 doesn't understand is that, like BO said, or Deputy by 132 00:07:46.240 --> 00:07:49.000 the way, I'm gonna interrupt myself and say, we have 133 00:07:49.120 --> 00:07:54.120 some wonderful deputies here today. We have Deputy Dmitri and 134 00:07:54.360 --> 00:07:56.079 Deputy both and. 135 00:07:56.360 --> 00:07:58.480 I am really glad they're here to accompany me. 136 00:07:59.759 --> 00:08:01.680 But getting back to what I was saying, a lot 137 00:08:01.720 --> 00:08:06.000 of the general public don't understand that when you call 138 00:08:06.879 --> 00:08:10.560 a law firm and you have a case, they'll take 139 00:08:10.600 --> 00:08:14.000 your case. But you know, you got to ask them, 140 00:08:14.040 --> 00:08:16.040 do you have a trial calendar? 141 00:08:16.560 --> 00:08:20.439 Are you really doing pushback? You know, we have in 142 00:08:20.519 --> 00:08:21.000 my office. 143 00:08:21.040 --> 00:08:24.079 We have a litigation meeting every week every Wednesday. I 144 00:08:24.160 --> 00:08:27.240 run it and with all the lawyers, and we've got 145 00:08:27.319 --> 00:08:31.600 a heavy litigation calendar, and that's an indication that we 146 00:08:31.759 --> 00:08:32.519 push back. 147 00:08:33.039 --> 00:08:33.240 You know. 148 00:08:33.639 --> 00:08:37.879 And you know, when I was a young, young lawyer 149 00:08:38.039 --> 00:08:41.600 a long time ago, I had a mentor who was 150 00:08:41.759 --> 00:08:46.759 the president of the Colorado Trial Lawyers Association, and I 151 00:08:46.879 --> 00:08:49.240 really looked up to that man. His name was Larry Lee. 152 00:08:50.919 --> 00:08:54.519 He was a practicing attorney in Boulder, Colorado, and he 153 00:08:54.600 --> 00:08:58.440 kind of took me under his wing. And you know 154 00:08:58.559 --> 00:09:00.559 I used to look at him with fifty and pieces 155 00:09:00.600 --> 00:09:02.639 in my eye. I mean, I just the guy could 156 00:09:02.679 --> 00:09:07.600 do no wrong. Whatever he said was gospel. And as 157 00:09:07.639 --> 00:09:11.360 he was, you know, training me or you know, raising 158 00:09:11.360 --> 00:09:15.080 me up, so to speak, he told me that one 159 00:09:15.240 --> 00:09:17.840 hundred percent of your cases. 160 00:09:18.440 --> 00:09:20.679 Are not made to settle. 161 00:09:22.159 --> 00:09:25.039 And you know what that meant to me is that, 162 00:09:25.679 --> 00:09:28.480 you know, to have any to do personal injury practice, 163 00:09:28.519 --> 00:09:33.279 personal injury law, and have any self respect, you know, 164 00:09:33.360 --> 00:09:36.440 you need to be trying cases. And I've been a 165 00:09:36.480 --> 00:09:42.519 featured speaker at the Colorado Trial Lawyers Association annual convention. 166 00:09:43.240 --> 00:09:47.000 You know, sometimes just in Steamboat or Veil or you know, 167 00:09:47.039 --> 00:09:50.759 one of these nice places for the weekend and happens 168 00:09:50.799 --> 00:09:55.000 every August. And I've actually been honored to be asked 169 00:09:55.000 --> 00:09:59.320 to speak at the CTLA convention a number of times 170 00:09:59.360 --> 00:10:02.279 over over my career. And you know, at one point, 171 00:10:02.399 --> 00:10:05.720 you know, I said to the trial lawyers, I said, 172 00:10:06.360 --> 00:10:12.039 we are the Colorado Trial Lawyers Association, and why is 173 00:10:12.080 --> 00:10:15.679 it only fifteen or twenty percent of our membership is 174 00:10:15.720 --> 00:10:19.080 actually trying cases? You know, it wasn't a popular message. 175 00:10:19.200 --> 00:10:21.399 I hope, I hope I don't get any blow back 176 00:10:21.440 --> 00:10:24.279 from saying that on the air, But you know it's true. 177 00:10:24.480 --> 00:10:26.879 And you know, you want to hire a lawyer when 178 00:10:26.919 --> 00:10:30.879 you have an issue that really is a competent litigator. 179 00:10:31.440 --> 00:10:33.960 Not that your case is guaranteed to go to trial, 180 00:10:34.559 --> 00:10:37.679 but you're guaranteed that you know your lawyer is going 181 00:10:37.720 --> 00:10:41.080 to push back and and you know, so there's a 182 00:10:41.120 --> 00:10:44.679 lot of lawyers, like I said on the television, on 183 00:10:44.720 --> 00:10:49.639 the radio, and but you know, insurance companies don't respect 184 00:10:49.679 --> 00:10:50.600 settlement meals. 185 00:10:51.200 --> 00:10:55.320 You know, they don't respect settlement what meals? 186 00:10:55.600 --> 00:11:00.240 M I l LS old mills Like okay, I understand, yeah, 187 00:11:00.279 --> 00:11:03.720 you know, like you know, like a Deputy Beau was saying, 188 00:11:03.799 --> 00:11:08.480 you know, they settle everything, and you know, obviously they're 189 00:11:08.519 --> 00:11:12.919 not paying top dollar to those firms because they know 190 00:11:13.080 --> 00:11:14.320 that they're not going to go to trial. 191 00:11:15.200 --> 00:11:18.559 And well, Morco, wouldn't they like that if the insurance 192 00:11:18.600 --> 00:11:21.200 company knows you're not going to trial, because that means 193 00:11:21.240 --> 00:11:24.200 the settlement is going to potentially be a lot. 194 00:11:24.080 --> 00:11:26.759 Less well exactly exactly. Uh. 195 00:11:27.480 --> 00:11:31.159 You know, so the insurance companies keep a dossier on 196 00:11:31.399 --> 00:11:33.360 every lawyer in the state, and. 197 00:11:33.639 --> 00:11:35.200 It matters who your lawyer is. 198 00:11:35.240 --> 00:11:37.639 I mean, we've had I've had a seven figure verdict 199 00:11:37.639 --> 00:11:41.720 in twenty twenty four on a case that we were 200 00:11:41.720 --> 00:11:44.960 offered like, you know, forty thousand dollars and we you know, 201 00:11:45.080 --> 00:11:50.240 had a seven figure verdict. So anyway, Uh, so we 202 00:11:50.399 --> 00:11:54.960 are looking for your calls. We are ready to answer 203 00:11:55.039 --> 00:11:58.919 your questions. Uh three oh three Martino, that's three three 204 00:11:59.440 --> 00:12:04.159 six two eight four sixty six. Uh, it's about time. 205 00:12:03.960 --> 00:12:06.120 For a break, so we will be right back. 206 00:12:10.919 --> 00:12:14.200 Go with a sure thing Denver's Best roofer excel roofing 207 00:12:14.320 --> 00:12:14.879 dot com. 208 00:12:14.919 --> 00:12:17.360 You don't pay a cent until you're content. 209 00:12:20.320 --> 00:12:23.879 Time for an insurance checkup, free no obligation comparison call 210 00:12:23.960 --> 00:12:27.279 Compass Insurance paying too much your coverage at dozens of 211 00:12:27.320 --> 00:12:28.200 insurance companies. 212 00:12:28.279 --> 00:12:30.879 Find out now three all three, seven, seven to one help. 213 00:12:31.039 --> 00:12:33.679 You'll think you're his only customer when you choose Frank 214 00:12:33.759 --> 00:12:36.200 durand the real estate man dot com to list your 215 00:12:36.240 --> 00:12:39.360 home with Remax Alliance three oh three nine two zero 216 00:12:39.519 --> 00:12:47.240 sixteen twenty two. 217 00:12:47.639 --> 00:12:55.919 Anytime we are back. Uh, we have open lines. We 218 00:12:56.000 --> 00:12:59.879 are looking for callers, So right now, before we get busy, 219 00:13:00.159 --> 00:13:03.799 take the opportunity, give us a call three oh three 220 00:13:03.919 --> 00:13:08.759 Martino or three oh three seven to one three talk. 221 00:13:09.720 --> 00:13:11.080 My name is Marco Bendinelli. 222 00:13:11.120 --> 00:13:15.679 I'm filling in for Tom Martino and Mark Major, who 223 00:13:15.879 --> 00:13:16.799 is not in. 224 00:13:16.799 --> 00:13:17.879 The studio today. 225 00:13:18.320 --> 00:13:21.559 And so I am a lawyer and in Denver and 226 00:13:21.720 --> 00:13:24.519 have been practicing for thirty years. 227 00:13:25.840 --> 00:13:28.720 Sometimes you know that's a double waged sword. 228 00:13:29.200 --> 00:13:33.120 You know, it inspires confidence because people know your experience, 229 00:13:33.200 --> 00:13:36.240 but it also communicates you know that you've been around 230 00:13:36.320 --> 00:13:37.320 for a long time. 231 00:13:37.799 --> 00:13:40.960 So I'd rather be thirty five. 232 00:13:41.639 --> 00:13:44.120 But you know, at age thirty five you don't have 233 00:13:44.159 --> 00:13:45.320 thirty years of experience. 234 00:13:45.440 --> 00:13:47.919 So you know it comes with the territory, Marco. 235 00:13:48.080 --> 00:13:50.200 If it's if it's not inappropriate, I'd like to talk 236 00:13:50.240 --> 00:13:53.200 to you about some of the torts that are committed, 237 00:13:53.440 --> 00:13:57.440 you know, from your perspective as a plaintiff's injury lawyer, 238 00:13:58.240 --> 00:14:00.200 some of the torts that are committed by minors. 239 00:14:00.480 --> 00:14:03.159 I think there are a lot of misconceptions. 240 00:14:02.279 --> 00:14:04.480 Out there about Hey, if a minor did it, his 241 00:14:04.480 --> 00:14:09.559 parents are automatically financially responsible, regardless of insurance. But so, 242 00:14:09.799 --> 00:14:12.039 for example, where I live, there are a lot of 243 00:14:12.080 --> 00:14:15.360 these scooters, you know, the red by the hour scooters, 244 00:14:16.039 --> 00:14:19.480 and they are absolutely driven recklessly on the sidewalks on 245 00:14:19.519 --> 00:14:23.639 the roads. And it was sometime last year I observed, 246 00:14:23.679 --> 00:14:26.360 while stopped at a red light, I observed a scooter 247 00:14:27.039 --> 00:14:29.799 smashed into a car that was also stopped on the 248 00:14:29.840 --> 00:14:31.919 other side of me, the other side of the red light, 249 00:14:32.679 --> 00:14:35.039 and clearly did a lot of damage to the car. 250 00:14:35.679 --> 00:14:39.600 The rider of the scooter miraculously seemed to be uninjured, 251 00:14:39.840 --> 00:14:41.919 or at least uninjured to the extent that he got 252 00:14:42.000 --> 00:14:45.360 up and took off running faster. And I've ever seen 253 00:14:45.399 --> 00:14:49.360 anybody run really, So what can the driver of this 254 00:14:49.519 --> 00:14:53.679 car do other than making a claim on his insurance policy, 255 00:14:53.720 --> 00:14:55.759 Because you know, a lot of people don't have comp 256 00:14:55.759 --> 00:14:58.519 and collision insurance. They just have you know, for Lucky, 257 00:14:58.559 --> 00:15:01.320 they just have the state mandated me to him minimums. 258 00:15:01.919 --> 00:15:05.360 What can this what can this driver do to have 259 00:15:05.440 --> 00:15:06.679 his damage just mitigated? 260 00:15:06.720 --> 00:15:07.840 If anything? Okay? 261 00:15:07.879 --> 00:15:12.360 Well, you know, first of all, when we are contacted 262 00:15:13.519 --> 00:15:18.600 by people that are injured or you know injured really uh, 263 00:15:18.799 --> 00:15:23.679 it's usually the rider, uh you know, where there may 264 00:15:23.720 --> 00:15:29.000 be a claim that you know, insufficient training. Uh, the 265 00:15:29.000 --> 00:15:31.039 the I don't know what you call. 266 00:15:31.039 --> 00:15:33.000 Them scooters or things you stand on. 267 00:15:33.240 --> 00:15:35.360 You know, you see him downtown all the time, and 268 00:15:36.279 --> 00:15:38.480 it's usually like you know, bad design. 269 00:15:38.759 --> 00:15:42.360 The wheels are too small to take bumps right. 270 00:15:42.200 --> 00:15:45.799 And and so uh, you know, my experience has been 271 00:15:46.240 --> 00:15:50.600 from that angle. Now, as far as a victim of 272 00:15:50.840 --> 00:15:54.879 property damage from one of these things, I would assume, 273 00:15:55.320 --> 00:15:57.799 and I'm not positive, and I could look into this 274 00:15:57.879 --> 00:16:01.159 for you, but I would assume that the commpathy, you. 275 00:16:01.120 --> 00:16:05.240 Know, whether it's Lyft or what's the other one. 276 00:16:05.279 --> 00:16:09.200 There's a Ginger has their I think Hooper has their 277 00:16:09.200 --> 00:16:11.240 hand in his business, and there's some other one. 278 00:16:11.240 --> 00:16:13.840 There three big ones downtown. 279 00:16:13.480 --> 00:16:15.840 Right, Lime, I think there's one, right, that's the one 280 00:16:15.840 --> 00:16:18.639 I was trying to think of, and anyway, I would 281 00:16:18.720 --> 00:16:22.399 assume that they have liability, uh, some type of liability 282 00:16:22.440 --> 00:16:24.559 insurance on their scooters and so. 283 00:16:26.200 --> 00:16:27.600 You know, but but. 284 00:16:27.639 --> 00:16:31.120 To segue off of that, a lot of times uh, 285 00:16:31.320 --> 00:16:34.440 you know, getting away from scooters. But but young people 286 00:16:34.600 --> 00:16:39.399 causing accidents, are causing injuries. You are correct in that 287 00:16:39.720 --> 00:16:44.600 a minor, the parents are responsible for the damages caused 288 00:16:44.639 --> 00:16:49.519 by the minor. And so when we, for example, we 289 00:16:49.559 --> 00:16:53.279 file a lawsuit, we have to include a special claim, 290 00:16:53.840 --> 00:16:57.399 uh the family car doctrine, so to speak, you have 291 00:16:57.440 --> 00:17:01.159 to plead that when you're filing a loss suit when 292 00:17:01.279 --> 00:17:05.000 the vehicle was operated by a minor. But again, most 293 00:17:05.039 --> 00:17:10.319 of our experience or exposure with the scooter stuff, you know, 294 00:17:10.359 --> 00:17:13.440 it's from people getting her from operating them. So I 295 00:17:13.480 --> 00:17:17.480 don't know if Lime and Lift and Uber has insurance 296 00:17:17.519 --> 00:17:18.359 on their scooters. 297 00:17:18.440 --> 00:17:21.480 I would assume they would have to. You know, Yeah, 298 00:17:21.519 --> 00:17:22.799 it just totally makes sense. 299 00:17:23.160 --> 00:17:25.759 But it also feels like their business model is kind 300 00:17:25.759 --> 00:17:28.119 of reckless in the sense that they give this scooter 301 00:17:28.720 --> 00:17:31.960 or one of those electric bicycles to anybody regardless of 302 00:17:32.079 --> 00:17:35.759 their impairment. A lot of these people that I see 303 00:17:35.799 --> 00:17:38.720 are I mean, they're clearly intoxicated. They're smoke coming out 304 00:17:38.720 --> 00:17:42.119 of their mouth while they're riding. Now, Marco, if I 305 00:17:42.240 --> 00:17:45.880 gave an electric scooter to somebody who go zoom down 306 00:17:45.920 --> 00:17:49.720 the sidewalk who I know has been smoking dope, right, 307 00:17:49.759 --> 00:17:52.039 you know, his eyes are slightly crossed and you know 308 00:17:52.079 --> 00:17:54.720 he's eating funions, wouldn't I incurse some sort of a 309 00:17:54.759 --> 00:17:56.079 liability in this manner? 310 00:17:57.240 --> 00:18:00.400 You know, it's gonna be really hard to screen. 311 00:18:01.079 --> 00:18:02.960 I think, well, you know, I was in Chicago one 312 00:18:02.960 --> 00:18:07.279 time personally and I had to and I needed to 313 00:18:07.279 --> 00:18:07.880 get around. 314 00:18:08.440 --> 00:18:09.440 And you know, when you're. 315 00:18:09.319 --> 00:18:12.039 Downtown, it's not very practical to call a cab all 316 00:18:12.079 --> 00:18:14.440 the time or get an uber if you're going you know, 317 00:18:14.640 --> 00:18:17.359 a half a mile away, and so it was really convenient, 318 00:18:17.440 --> 00:18:22.720 and I downloaded the Lime app okay, and you know, yeah, 319 00:18:22.799 --> 00:18:27.599 I'm a former semi athletic gentleman, but so I have 320 00:18:27.680 --> 00:18:28.599 a little bit of balance. 321 00:18:28.680 --> 00:18:29.839 But anyway, it made. 322 00:18:29.799 --> 00:18:33.519 It took me through these series of questions, uh, you know, 323 00:18:33.880 --> 00:18:35.519 and uh, it asked. 324 00:18:35.200 --> 00:18:36.720 Me some things, and I. 325 00:18:36.640 --> 00:18:40.559 Guess that was there to shield them for some type 326 00:18:40.599 --> 00:18:44.519 of liability. And you know, and I think that in 327 00:18:44.559 --> 00:18:48.680 some ways, you assume the risk, you know, when you uh, 328 00:18:48.880 --> 00:18:51.920 you know, download the app and run a scooter, you've 329 00:18:51.960 --> 00:18:56.200 got to know that, you know, you know, they're they're 330 00:18:56.240 --> 00:19:01.319 potentially dangerous. So wait, we got some calls on the line. 331 00:19:01.400 --> 00:19:05.680 We have Margaret, she has an issue with one source 332 00:19:05.720 --> 00:19:07.400 air conditioning. Thanks for calling Margaret. 333 00:19:07.440 --> 00:19:11.839 We got Jim. Oh, looks like Margaret ran out of patience. 334 00:19:12.000 --> 00:19:15.599 Margaret ran out of patience, called back. Margaret called back. 335 00:19:15.640 --> 00:19:17.319 You only were on hold a couple of minutes. But 336 00:19:17.359 --> 00:19:21.920 we do have Jim. He has a question about being served. 337 00:19:22.480 --> 00:19:24.000 So Jim, you need you. 338 00:19:23.960 --> 00:19:26.279 Need to tighten up that that question a little bit. 339 00:19:26.440 --> 00:19:29.759 Being served you mean served with a lawsuit or served liquor. 340 00:19:29.640 --> 00:19:33.200 A margarita, served with a cold pizza. 341 00:19:33.839 --> 00:19:37.920 Okay, I told Kelly the situation, but it was a 342 00:19:37.920 --> 00:19:39.480 convoluted story, am. 343 00:19:39.319 --> 00:19:39.839 I on the air? 344 00:19:40.279 --> 00:19:43.039 Oh yes, okay, cool. 345 00:19:43.279 --> 00:19:47.200 So basically, my son got into a business disagreement with 346 00:19:47.240 --> 00:19:51.799 a guy from New Jersey, right, okay, and uh my 347 00:19:51.880 --> 00:19:54.920 son actually lives out of state, but we do have 348 00:19:54.960 --> 00:19:59.720 a houis and call out of here. So he uh, 349 00:20:00.920 --> 00:20:03.240 you know, they're trying to do the lawsuit here because 350 00:20:03.279 --> 00:20:08.039 some of the the situation was was the packages that 351 00:20:08.079 --> 00:20:10.599 were sent were sent to this state. 352 00:20:10.839 --> 00:20:13.119 Jim Jim, Jim, Jim Jim, you need to back up 353 00:20:13.160 --> 00:20:13.640 a little bit. 354 00:20:13.799 --> 00:20:15.960 Okay, you need to explain to us a little bit 355 00:20:15.960 --> 00:20:19.640 about this business dealing. You know, was your son of 356 00:20:19.720 --> 00:20:23.240 Colorado resident? How old is your son? Who's this guy? 357 00:20:23.400 --> 00:20:25.160 You know, this individual from New Jersey? 358 00:20:26.640 --> 00:20:32.720 Yeah, he was eighteen when this happened. And technically he 359 00:20:32.759 --> 00:20:40.759 doesn't have a residency here because he's working internet why businesses, 360 00:20:40.839 --> 00:20:41.720 you know, things like that. 361 00:20:42.640 --> 00:20:44.400 But we live What state is he in? 362 00:20:46.160 --> 00:20:48.880 He's in Florida and he has a place in Montana 363 00:20:48.920 --> 00:20:49.319 as well. 364 00:20:49.400 --> 00:20:52.519 Okay, so he lives in Florida and the counterparty to 365 00:20:52.559 --> 00:20:57.440 this business transaction is from New Jersey and you're in Colorado. 366 00:20:58.000 --> 00:21:00.480 Okay, now I think we got the lay of the land. Okay, 367 00:21:00.480 --> 00:21:01.200 what kind of business? 368 00:21:01.200 --> 00:21:01.480 Okay? 369 00:21:01.519 --> 00:21:04.680 So basically it's electronic whole selling. 370 00:21:05.559 --> 00:21:07.359 Okay, electronic whole selling. 371 00:21:07.119 --> 00:21:11.759 Go ahead, Yeah, he sells electronic uh items, Well, he 372 00:21:11.880 --> 00:21:12.640 advise himself. 373 00:21:14.000 --> 00:21:16.920 So I wasn't home. 374 00:21:16.759 --> 00:21:21.759 And a course server supposedly came by the house. There 375 00:21:21.839 --> 00:21:25.200 was a lady working in my garage packing boxes, and 376 00:21:25.240 --> 00:21:27.400 he walks out. He goes, I'm looking for blank, like blank, 377 00:21:27.440 --> 00:21:30.680 which is my son, and she said, he doesn't live here. 378 00:21:30.960 --> 00:21:35.039 He lives in Florida. He goes, well, we've tried to 379 00:21:35.079 --> 00:21:40.400 find him. He kept, you know, kind of muttering his name. 380 00:21:41.200 --> 00:21:43.599 He goes, well, you've been served. And he walked throws 381 00:21:43.599 --> 00:21:45.000 the paperwork on the ground. 382 00:21:44.720 --> 00:21:47.119 And lease, okay, where where were you? 383 00:21:48.960 --> 00:21:49.880 I was not in the house. 384 00:21:49.920 --> 00:21:51.720 I was at a home, deef, I believe at the time. 385 00:21:51.799 --> 00:21:53.440 But I mean you're in Colorado. 386 00:21:54.720 --> 00:21:55.839 Yes, I am in Colorado. 387 00:21:56.039 --> 00:21:59.920 In Colorado, his son, who lives in Florida, was sounds like, 388 00:22:00.039 --> 00:22:02.440 isn't this the definition of gutter service where you throw 389 00:22:02.480 --> 00:22:04.960 the paperwork on the on the ground, you. 390 00:22:04.880 --> 00:22:08.920 Know, so if someone refuses service, then you can do 391 00:22:09.039 --> 00:22:12.039 that and uh, and then the process server fills that 392 00:22:12.519 --> 00:22:15.319 an affid. David was called an affidavit of service. 393 00:22:16.640 --> 00:22:18.400 What he was telling he was saying, well, I'll just 394 00:22:18.440 --> 00:22:21.960 tell him because the person has I said, she asked, 395 00:22:21.960 --> 00:22:23.880 who are you, what's your name, what's the company you 396 00:22:23.920 --> 00:22:24.240 worked for? 397 00:22:24.279 --> 00:22:26.680 Blah blah blah. Because I don't want you're. 398 00:22:26.559 --> 00:22:28.319 Not gonna get any that. I'm just gonna file an 399 00:22:28.319 --> 00:22:30.720 affidavit in the court that you've been served. Well, it 400 00:22:30.720 --> 00:22:33.480 just says on the ground and leave, so you know. 401 00:22:33.680 --> 00:22:37.200 So that would be that so that would be subject 402 00:22:37.319 --> 00:22:40.559 to emotion to quash. And that's that's what we would 403 00:22:40.599 --> 00:22:45.839 would call an emotion quash because it was ineffective service. 404 00:22:46.039 --> 00:22:51.680 And okay, so when the when the court, you know, 405 00:22:51.920 --> 00:22:55.160 says that, uh, this gives you an indication that an 406 00:22:55.279 --> 00:22:59.759 answer is due, right, because you initiate a lawsuit with 407 00:23:00.000 --> 00:23:03.400 something called a complaint and you have to serve that 408 00:23:03.480 --> 00:23:07.720 complaint on the defendant. And when the court indicates that 409 00:23:07.799 --> 00:23:10.960 the answer is due instead of filing an answer, he 410 00:23:11.000 --> 00:23:13.400 fouled motion quash. 411 00:23:12.839 --> 00:23:16.599 So Jim, now what court is he being sued in? 412 00:23:16.759 --> 00:23:18.880 Is it here in Colorado, Florida or New Jersey? 413 00:23:18.920 --> 00:23:20.640 Yeah, it's Jefferson County. 414 00:23:21.039 --> 00:23:24.960 Oh okay, So Marco, if Jim's son files this motion 415 00:23:25.079 --> 00:23:28.599 to quash right because of bad service, isn't he in 416 00:23:28.640 --> 00:23:32.039 a fact admitting that, hey, he's aware of this legal 417 00:23:32.119 --> 00:23:36.200 process that started against him and therefore he's obligated to respond. 418 00:23:36.279 --> 00:23:38.200 Isn't that the entire point of serving somebody? 419 00:23:38.319 --> 00:23:41.880 So look, you guys are starting off in the in 420 00:23:41.960 --> 00:23:44.319 the deep end of the pool jurisprudential. 421 00:23:44.519 --> 00:23:45.480 That's the deep end. 422 00:23:45.720 --> 00:23:45.960 You know. 423 00:23:46.039 --> 00:23:47.759 This is a little complicated because the. 424 00:23:48.200 --> 00:23:51.720 Person that files the motion to quash the lawyer, he 425 00:23:51.759 --> 00:23:55.079 can make a what's called a limited appearance, and so 426 00:23:55.200 --> 00:23:58.640 he's not actually appearing. 427 00:23:58.240 --> 00:23:59.079 To defend the laws. 428 00:23:59.160 --> 00:24:01.960 Totally makes sense and so but anyway, we're gonna have 429 00:24:02.039 --> 00:24:04.559 to take another break and we'll be right back. And Jim, 430 00:24:04.599 --> 00:24:07.000 if you want to stay on the line, go right ahead, 431 00:24:07.039 --> 00:24:08.720 day on, Jim, I want to hear about the lawsuit. 432 00:24:08.960 --> 00:24:09.720 We'll be right back. 433 00:24:15.000 --> 00:24:18.279 Go with a sure thing Denver's best roofer Excel Roofing 434 00:24:18.359 --> 00:24:18.960 dot com. 435 00:24:19.000 --> 00:24:21.000 You don't pay a cent until you're content. 436 00:24:24.400 --> 00:24:27.559 Time for an insurance check up free no obligation comparison 437 00:24:27.720 --> 00:24:31.279 call Compass Insurance paying too much your coverage at dozens 438 00:24:31.279 --> 00:24:34.000 of insurance companies find out now three O three seven 439 00:24:34.000 --> 00:24:36.359 to seven to one help. You'll think you're his only 440 00:24:36.480 --> 00:24:38.920 customer when you choose Frank durand the real estate Man 441 00:24:39.000 --> 00:24:42.359 dot com to list your home with Remax Alliance three 442 00:24:42.599 --> 00:24:44.559 three nine two zero sixteen twenty two. 443 00:24:55.119 --> 00:24:59.640 We are back Marcco Bendinelli from Bendinelly Law Firm, filling 444 00:24:59.720 --> 00:25:03.440 in or Tom Martino and Mark Major, who are not 445 00:25:03.640 --> 00:25:07.359 in the studio today. We have a couple of lines open, 446 00:25:07.440 --> 00:25:09.599 Jim still holding. We're going to get back to Jim. 447 00:25:10.279 --> 00:25:13.440 But give us a call, UH, with any problems that 448 00:25:13.480 --> 00:25:16.400 you have. We are here to listen to your complaints, 449 00:25:16.559 --> 00:25:20.960 to answer questions, and to solve your problems. Now, in 450 00:25:21.000 --> 00:25:24.799 addition to that, I'm a legal expert, so we have 451 00:25:25.559 --> 00:25:28.359 so we can expand the areas that you can call 452 00:25:28.400 --> 00:25:29.319 and ask questions on. 453 00:25:29.839 --> 00:25:30.039 UH. 454 00:25:30.079 --> 00:25:32.880 So give us a call three oh three seven one 455 00:25:33.039 --> 00:25:38.519 three talk or three oh three Martino, Jim. We're gonna 456 00:25:38.559 --> 00:25:41.400 get back to you now and UH. 457 00:25:42.119 --> 00:25:43.759 And we're gonna we're gonna hear from you. 458 00:25:44.119 --> 00:25:47.160 So, did you have any further questions about about your 459 00:25:47.480 --> 00:25:48.640 uh your service question? 460 00:25:49.559 --> 00:25:51.960 Well, the only the only question I have is how 461 00:25:52.000 --> 00:25:54.880 are we supposed to know that this that he actually 462 00:25:54.960 --> 00:25:59.799 filed a lawsuit based on that bad service? 463 00:26:00.720 --> 00:26:05.720 Well, because because the lawsuit would have a complaint number 464 00:26:05.759 --> 00:26:07.720 in Jefferson Counnie and you can. 465 00:26:07.839 --> 00:26:09.839 We're supposed to keep following up with them and see 466 00:26:09.839 --> 00:26:11.000 if there is something filed. 467 00:26:11.359 --> 00:26:14.079 Well, I mean you got sir, I mean there was 468 00:26:14.119 --> 00:26:16.440 an attempt to serve you and Marco. 469 00:26:16.519 --> 00:26:19.160 Wouldn't they complaint to be attached to the summons? 470 00:26:19.200 --> 00:26:19.920 Absolutely? 471 00:26:20.039 --> 00:26:20.160 So? 472 00:26:20.279 --> 00:26:22.920 How many pages? How many pages is the packet that 473 00:26:22.960 --> 00:26:24.400 the de dropped in your driveway? 474 00:26:25.480 --> 00:26:27.759 Look like maybe a half a dozen. 475 00:26:27.920 --> 00:26:30.480 Okay, so somewhere in those So the first page or 476 00:26:30.480 --> 00:26:32.279 two is what's called a summons. It tells you what 477 00:26:32.400 --> 00:26:34.480 your answer is due and which court to file it in, 478 00:26:35.039 --> 00:26:37.599 and then the subsequent pages there will be like another 479 00:26:37.640 --> 00:26:38.799 page for a counterclaim. 480 00:26:38.880 --> 00:26:40.279 Is it small claims by any chance? 481 00:26:40.359 --> 00:26:41.440 Or is it just gonna ask? 482 00:26:41.839 --> 00:26:42.480 No? 483 00:26:42.480 --> 00:26:45.359 No, Unfortunately it's six figures. 484 00:26:45.599 --> 00:26:49.839 Oh so that's just cour territory. So you'll see some 485 00:26:49.960 --> 00:26:50.799 of those pages. 486 00:26:50.839 --> 00:26:54.559 They'll have numbered paragraphs and it will be like an 487 00:26:54.559 --> 00:26:57.599 introduction and parties, and I'll say, the Jersey guy does this, 488 00:26:57.759 --> 00:27:00.519 the Florida guy does that. Here the details of the 489 00:27:00.559 --> 00:27:03.559 transaction we entered to. Here's how it got bad, and 490 00:27:03.640 --> 00:27:06.039 here's why I'm suing it. Here's why, here's how much 491 00:27:06.039 --> 00:27:10.240 I'm demanding. Now, if the gutn Service didn't include that, 492 00:27:10.400 --> 00:27:12.640 you can just show up at the courthouse and for 493 00:27:12.640 --> 00:27:15.839 a whopping twenty five cent a page, they'll print out everything. 494 00:27:15.480 --> 00:27:17.640 That's on file over there for you in that case. 495 00:27:17.759 --> 00:27:19.720 Isn't that right? Marco? That is correct? 496 00:27:19.759 --> 00:27:24.480 And you know what Dmitrie is really impressive because I 497 00:27:24.559 --> 00:27:29.519 was here, I was here prior on prior occasion previously, 498 00:27:30.039 --> 00:27:35.720 and Tom Martino really impressed me with how much he 499 00:27:35.839 --> 00:27:36.920 knew about. 500 00:27:36.680 --> 00:27:38.359 The law and he's not a lawyer. 501 00:27:38.799 --> 00:27:45.000 And you know, now coming in second is Dmitri understanding 502 00:27:45.400 --> 00:27:52.400 the contents of a complaint. The you know, different different jurisdictions, 503 00:27:52.799 --> 00:27:56.119 jurisdictional limits as to whether you're in district court, small 504 00:27:56.119 --> 00:27:59.880 claims court, county court, and then municipal court. But anyway, 505 00:28:00.599 --> 00:28:06.599 so this show is is honored to have Dmitri. Who Dmitri, 506 00:28:06.759 --> 00:28:06.920 you know. 507 00:28:06.920 --> 00:28:10.279 A lawyer, no Marco, But I'm a pro say litigant. 508 00:28:10.519 --> 00:28:14.799 I do file quite a few cases against spammers. That's 509 00:28:14.880 --> 00:28:17.759 kind of like my specialty. So that's what that's what 510 00:28:17.839 --> 00:28:20.079 I do in my spare time. And so in my 511 00:28:20.160 --> 00:28:23.559 general study of court procedures and Colorado civil procedures and 512 00:28:23.599 --> 00:28:26.559 the federal court civil procedures, I encountered a lot of 513 00:28:26.599 --> 00:28:27.279 these terms. 514 00:28:27.359 --> 00:28:29.759 Well, that's really interesting. You're gonna talk to me about that? 515 00:28:29.880 --> 00:28:31.759 All I'm going to I'm going to tell you about 516 00:28:31.759 --> 00:28:34.039 a nice five figure settlement from last week. 517 00:28:34.200 --> 00:28:35.000 Can impress you? 518 00:28:35.359 --> 00:28:37.759 Maybe we can talk about that on year, noting on 519 00:28:37.839 --> 00:28:39.119 how comfortable you are with that. 520 00:28:39.480 --> 00:28:41.880 Well, it turns out I'm not supposed to talk about 521 00:28:41.920 --> 00:28:44.640 it for confidentiality purpose, okay, so otherwise I might not 522 00:28:44.720 --> 00:28:46.160 get the entire five figures. 523 00:28:46.160 --> 00:28:50.759 Well, so there is a confidentiality provision in the settlement agreement. 524 00:28:50.960 --> 00:28:51.799 Yeah, okay. 525 00:28:51.960 --> 00:28:54.640 It turns out big corporations are you know, they're totally 526 00:28:54.640 --> 00:28:56.720 into that kind of thing. But I have plenty of 527 00:28:56.720 --> 00:28:59.160 others I can talk about freely because people didn't think 528 00:28:59.200 --> 00:29:00.480 about confidential. 529 00:29:00.039 --> 00:29:02.759 Yeah, okay. Spammers, I don't even know what that means. 530 00:29:02.799 --> 00:29:06.559 So, oh man, they're a scourged These are vile, vile creatures. 531 00:29:06.839 --> 00:29:08.880 But Marco, if you don't mind, I'd like to ask 532 00:29:08.960 --> 00:29:11.319 Jim about the lawsuit. How did what was the deal, 533 00:29:11.400 --> 00:29:13.279 how did it go bad? And why is the Jersey 534 00:29:13.279 --> 00:29:14.440 guy suing your son? 535 00:29:14.960 --> 00:29:16.599 Okay, So here's what happened. 536 00:29:16.640 --> 00:29:20.440 My son was kneeling in wholesale shoes at the time, 537 00:29:21.200 --> 00:29:24.079 and he sent him one thousand and fifty pairs of 538 00:29:24.119 --> 00:29:28.039 shoes were delivered to his residence in Jersey and he 539 00:29:28.119 --> 00:29:31.480 was supposed to ship him to OZ and he came 540 00:29:31.559 --> 00:29:35.119 up with this bs, your shoes got flooded, and he 541 00:29:35.240 --> 00:29:38.000 sat like a cartoon picture of shoes floating in the water. 542 00:29:38.519 --> 00:29:43.079 Oh wait, so the Jersey guy, the Jersey guy. 543 00:29:43.279 --> 00:29:46.799 Not to anyone's surprise, some guy in New Jersey stole 544 00:29:46.839 --> 00:29:49.480 a thousand and fifty pair of shoes from your son. 545 00:29:50.160 --> 00:29:54.079 And then the Jersey guy is suing your son. Why 546 00:29:54.119 --> 00:29:56.359 because they weren't eleven hundred pairs of shoes. 547 00:29:56.079 --> 00:29:56.720 For him to steal. 548 00:29:57.400 --> 00:30:01.119 Well, then my son, we were on a panic. We're like, well, 549 00:30:01.160 --> 00:30:04.519 there's a one hundred thousand dollars gone. So we were 550 00:30:04.559 --> 00:30:06.279 in a panic. And then he had a bunch of 551 00:30:06.319 --> 00:30:09.200 shoes that he needed to dump. So my son talked 552 00:30:09.200 --> 00:30:11.839 to him into sending those shoes that he had to 553 00:30:11.920 --> 00:30:14.079 us because we said he said, hey, I've got a 554 00:30:14.079 --> 00:30:16.319 buyer for those and I can cast you out right away. 555 00:30:16.640 --> 00:30:19.720 I mean, it was basically a way to recoup. 556 00:30:19.359 --> 00:30:23.640 Our loss, O Marco. Isn't that called self help? And 557 00:30:23.799 --> 00:30:26.720 isn't that the downfall of many a litigant? 558 00:30:26.920 --> 00:30:27.880 Well, I don't want to. 559 00:30:28.519 --> 00:30:31.119 You know, the pun would be those shoes were made 560 00:30:31.119 --> 00:30:33.640 for walking, not for floating. 561 00:30:34.400 --> 00:30:35.319 Not for floating. 562 00:30:36.000 --> 00:30:38.000 But it sounds like a mess. 563 00:30:38.480 --> 00:30:39.759 So the Jersey guy. 564 00:30:39.720 --> 00:30:43.640 And after that, after the Jersey guy was mad because 565 00:30:43.640 --> 00:30:47.079 he didn't get recompensated for the shoes that he sent us. 566 00:30:47.480 --> 00:30:51.599 So he went in and used my son's bank account 567 00:30:51.640 --> 00:30:53.680 and paid off two hundred thousand dollars worth of his 568 00:30:53.759 --> 00:30:59.920 credit cards. Well, we got all that reversed, and. 569 00:30:59.039 --> 00:31:02.079 Any access, why and. 570 00:31:02.000 --> 00:31:04.519 How well you got access? 571 00:31:04.759 --> 00:31:08.960 All it takes is a routing number and an account number, 572 00:31:09.400 --> 00:31:12.319 and he plugged those into his credit cards and basically 573 00:31:12.359 --> 00:31:14.519 paid him with just I mean it's not every turn 574 00:31:14.599 --> 00:31:16.759 every check, you right, those student things. 575 00:31:17.160 --> 00:31:19.440 Yeah, Marco, I can see how that works. 576 00:31:19.480 --> 00:31:22.680 I pay stuff online with my checking account, and all 577 00:31:22.720 --> 00:31:24.640 they ask for is I mean, you can write me 578 00:31:24.640 --> 00:31:26.680 a check and I can start paying bills out of 579 00:31:26.720 --> 00:31:27.319 your account. 580 00:31:27.400 --> 00:31:28.799 Man, it's it's a criminal. 581 00:31:28.839 --> 00:31:30.000 We got that reversed. 582 00:31:30.319 --> 00:31:32.960 We got that reversed, and then he went in didn't 583 00:31:33.000 --> 00:31:35.000 like that, so we got my He had my American 584 00:31:35.039 --> 00:31:38.960 Express card and he charged fifty one thousand dollars against that. 585 00:31:39.480 --> 00:31:41.960 We got that reversed. It took about two months for 586 00:31:42.000 --> 00:31:44.720 them to do the research to see worthy were purchased, 587 00:31:44.759 --> 00:31:47.519 where the shipments went. So we got that reversal. So 588 00:31:47.759 --> 00:31:51.000 I'm actually thinking about going to the FBI cyber Crimes 589 00:31:51.319 --> 00:31:55.200 and filing a final a place report with them for 590 00:31:55.319 --> 00:31:58.079 all the fraudulent Interstate FRAUDI Committee against us. 591 00:31:58.160 --> 00:32:01.559 Well at the at the minimum you have counter claims 592 00:32:01.799 --> 00:32:05.759 against him. So should this guy ever, you know, get 593 00:32:05.799 --> 00:32:10.319 proper service and you do have a responsibility or an 594 00:32:10.319 --> 00:32:14.279 obligation to fil what was called an answer to the complaint, 595 00:32:15.039 --> 00:32:19.079 then you would probably include counter claims. And we'll be 596 00:32:19.240 --> 00:32:24.079 right back. And thanks for calling. Jim. 597 00:32:26.160 --> 00:32:29.400 Go with a sure thing Denver's best roofer Excel Roofing 598 00:32:29.519 --> 00:32:30.119 dot com. 599 00:32:30.160 --> 00:32:33.400 You don't pay a cent until you're content than. 600 00:32:35.519 --> 00:32:39.079 Time for an insurance checkup free no obligation comparison call 601 00:32:39.200 --> 00:32:42.519 Compass Insurance paying too much your coverage at dozens of 602 00:32:42.519 --> 00:32:45.480 insurance companies find out now three O three seven seven 603 00:32:45.480 --> 00:32:48.279 to one help. You'll think you're his only customer when 604 00:32:48.279 --> 00:32:50.759 you choose Frank durand the real estate Man dot com 605 00:32:50.799 --> 00:32:53.880 to list your home with Remax Alliance three oh three 606 00:32:54.000 --> 00:32:55.680 nine two zero sixteen twenty two. 607 00:33:04.079 --> 00:33:09.839 Those who love that music, it says great anyway, Welcome 608 00:33:09.880 --> 00:33:11.640 to the Troubleshooters Show. 609 00:33:12.079 --> 00:33:13.640 My name is Marco Bendanelli. 610 00:33:13.680 --> 00:33:17.680 I am a Denver, Colorado attorney with a firm Bendanelli 611 00:33:17.799 --> 00:33:21.920 Law Firm. We are about thirty people strong and we 612 00:33:21.960 --> 00:33:25.400 are a personal injury law firm, and I am pleased 613 00:33:25.400 --> 00:33:27.119 to be filling in for Tom and Mark. 614 00:33:28.480 --> 00:33:29.160 Give us a call. 615 00:33:29.240 --> 00:33:31.880 Mondays are usually a little slower, so we do have 616 00:33:31.960 --> 00:33:32.799 some lines open. 617 00:33:33.279 --> 00:33:34.480 Give us a call at. 618 00:33:34.319 --> 00:33:39.400 Three three seven one three Talk or three oh three Martino. 619 00:33:39.599 --> 00:33:44.799 You can reach us also at help at troubleshooter dot 620 00:33:44.839 --> 00:33:49.640 com and that email works when we're on and off 621 00:33:49.720 --> 00:33:52.960 the air, so you can get us a message through 622 00:33:53.000 --> 00:33:56.440 that email Help at troubleshooter dot com. 623 00:33:56.839 --> 00:33:59.680 So markhead good. 624 00:34:00.160 --> 00:34:03.039 Nice to have a big time personal injury attorney over 625 00:34:03.079 --> 00:34:03.640 here for me to. 626 00:34:03.599 --> 00:34:04.559 Ask some questions. 627 00:34:05.079 --> 00:34:08.239 And my question comes from the perspective of somebody like 628 00:34:08.320 --> 00:34:12.000 me who buys a ton of liability insurance via both 629 00:34:12.039 --> 00:34:15.440 my auto policy and my umbrella policy in order to 630 00:34:15.440 --> 00:34:19.280 protect myself my assets from people like you, but also 631 00:34:19.920 --> 00:34:23.679 but also Marco in a very large part, because I 632 00:34:23.719 --> 00:34:26.039 do have a sense of responsibility to make sure that 633 00:34:26.079 --> 00:34:29.400 if I do accidentally injure somebody, you know, through some 634 00:34:29.519 --> 00:34:31.639 kind of an emission on my part, I do want 635 00:34:31.639 --> 00:34:33.639 to make sure there's insurance in place to take care 636 00:34:33.679 --> 00:34:35.519 of them. Is I don't want some you know, I 637 00:34:35.559 --> 00:34:38.039 don't want to cripple somebody, so to speak, and leave 638 00:34:38.079 --> 00:34:40.840 them penniless. So my question is kind of from a 639 00:34:40.880 --> 00:34:43.480 strange perspective. Well, for you, it would be strange because 640 00:34:43.519 --> 00:34:45.960 it comes from a perspective of a potential defendants in 641 00:34:46.000 --> 00:34:47.039 one of your actions. 642 00:34:47.599 --> 00:34:48.599 Does the fact that I. 643 00:34:48.519 --> 00:34:52.320 Have a boatload of insurance and this is for after 644 00:34:52.360 --> 00:34:54.480 the break, We're going to going to make me a 645 00:34:54.559 --> 00:34:57.840 bigger target and a more juicier target. 646 00:34:57.440 --> 00:35:01.320 For people like you. Great question, I'm talking after the break. 647 00:35:19.840 --> 00:35:23.079 Go with a sure thing Denver's Best Roofer Excel Roofing 648 00:35:23.199 --> 00:35:23.800 dot com. 649 00:35:23.840 --> 00:35:25.840 You don't pay a cent until you're content. 650 00:35:29.199 --> 00:35:32.760 Time for an insurance checkup free, no obligation comparison call 651 00:35:32.880 --> 00:35:36.199 Compass Insurance paying too much your coverage at dozens of 652 00:35:36.199 --> 00:35:39.159 insurance companies find out now three oh three seven seven 653 00:35:39.159 --> 00:35:41.960 to one help. You'll think you're his only customer when 654 00:35:41.960 --> 00:35:44.480 you choose Frank durand the Real Estate Man dot com 655 00:35:44.480 --> 00:35:47.559 to list your home with Remax Alliance three oh three 656 00:35:47.679 --> 00:36:02.280 nine two zero sixteen twenty two. 657 00:35:57.239 --> 00:36:05.000 You come running just as nass we can. 658 00:36:06.159 --> 00:36:08.320 Shooter's gonna help coming. 659 00:36:08.679 --> 00:36:14.320 Man Dix's The Troubleshooter Show Now Tom Martino. 660 00:36:17.679 --> 00:36:22.039 Marco Bendanelli here Bendanelli Law Firm, filling in for Tom 661 00:36:22.159 --> 00:36:23.800 Martino and Mark Major. 662 00:36:25.039 --> 00:36:27.519 You have joined us at the Troubleshooter Show. 663 00:36:28.079 --> 00:36:28.639 Uh. 664 00:36:28.719 --> 00:36:31.480 This is the home of the Consumer Advocate. 665 00:36:32.079 --> 00:36:36.559 It is the longest syndicated radio station in the country, 666 00:36:36.639 --> 00:36:41.400 has been running for forty five years. Amazing a testimony 667 00:36:41.920 --> 00:36:45.639 to Tom Martino, how well he does the things that 668 00:36:45.679 --> 00:36:49.199 he gets done. For over forty five years. He's been 669 00:36:50.320 --> 00:36:54.320 listening to your complaints. He's been answering questions and intervening 670 00:36:54.400 --> 00:36:58.480 and solving your problems. There's been a hundreds of millions 671 00:36:58.480 --> 00:37:03.079 of dollars recovered in the form of cash, merchandise and services. 672 00:37:03.599 --> 00:37:07.599 What a service Tom Martino has. 673 00:37:07.639 --> 00:37:10.199 You know, what a niche he's figuring. 674 00:37:10.400 --> 00:37:15.000 There's another thing this show provides that people don't talk about, Marco, 675 00:37:15.320 --> 00:37:22.199 is the millions of dollars saved and problems avoided by 676 00:37:22.320 --> 00:37:25.840 not by just listening to the show, by just listening 677 00:37:25.880 --> 00:37:30.280 to all of this free advice that has been given 678 00:37:30.320 --> 00:37:32.599 out for the last forty five years. When I was 679 00:37:32.599 --> 00:37:36.840 in business, I listened to Tom and I always picked up tips. 680 00:37:36.880 --> 00:37:41.000 So that's just an uncounted number. But I believe it's 681 00:37:41.000 --> 00:37:44.599 in the millions for people to just simply not calling in, 682 00:37:44.719 --> 00:37:46.920 by just simply listening to the show, it's been a 683 00:37:46.920 --> 00:37:52.400 great benefit to the citizens of Colorado and across the nation. 684 00:37:52.639 --> 00:37:53.800 Across the nation, yep. 685 00:37:53.880 --> 00:37:57.400 And you know, they say someone learns from their mistakes, 686 00:37:57.440 --> 00:38:02.880 but a wise man learns from others mistakes. And so 687 00:38:03.039 --> 00:38:06.360 that's what Bo's talking about. So we've got a couple 688 00:38:06.320 --> 00:38:09.280 of callers on the line. We've got Tracy, what a 689 00:38:09.400 --> 00:38:13.639 question about for Rizon and mail? Why don't you hold 690 00:38:13.679 --> 00:38:15.719 on while we talk. 691 00:38:15.639 --> 00:38:18.599 To Tracy and we will get to you mail. Tracy, 692 00:38:18.719 --> 00:38:21.239 go ahead, Good morning, gentlemen. 693 00:38:21.320 --> 00:38:25.519 I appreciate it. I'm following up on a call about 694 00:38:25.559 --> 00:38:29.199 two weeks ago. My husband called in on four trade 695 00:38:29.280 --> 00:38:32.840 ends that we did on a business account, and they've 696 00:38:32.840 --> 00:38:35.480 only given us credit for two and it's been well 697 00:38:35.519 --> 00:38:38.960 over six months, eight months we've been dealing with it. 698 00:38:39.840 --> 00:38:43.360 So my question is if I take them to small 699 00:38:43.440 --> 00:38:49.360 claims court, who do I name in the when I 700 00:38:49.440 --> 00:38:52.800 file the papers? Is it the business trip that I'm 701 00:38:52.800 --> 00:38:56.719 dealing with? Or who do I put on that piece 702 00:38:56.719 --> 00:38:57.159 of paper. 703 00:38:57.320 --> 00:39:01.159 I'm gonna let Dmitri feel that question. Good Dmitri. 704 00:39:01.400 --> 00:39:04.719 Thank you, Marco Tracy, I'm kind of I'm about to 705 00:39:04.760 --> 00:39:08.519 sue Verizon for a very similar deal. About a year ago, 706 00:39:08.760 --> 00:39:11.519 I purchased a new phone from their store in Loveland, 707 00:39:12.119 --> 00:39:15.639 and the promotion was it's one thousand dollars phone, which 708 00:39:15.639 --> 00:39:18.360 I frankly didn't need, but they made me get it 709 00:39:18.400 --> 00:39:21.320 in order to add a second line. And the promotion was, 710 00:39:21.440 --> 00:39:25.639 if I finance it through Verizon for three years, zero interest, 711 00:39:26.360 --> 00:39:30.039 the monthly payment that I make will automatically be credited 712 00:39:30.119 --> 00:39:33.039 every single month for the same for the same amount, 713 00:39:33.119 --> 00:39:35.559 in effect making it a free phone if I stick 714 00:39:35.599 --> 00:39:39.599 with Verizon for three years. However, much to my shock, 715 00:39:39.679 --> 00:39:44.840 chagrin and disappointment, the charges started appearing on my phone 716 00:39:44.920 --> 00:39:48.079 last May, but the credits never appeared. 717 00:39:48.559 --> 00:39:52.280 And I have numerous calls that I recorded with Verizon. 718 00:39:52.280 --> 00:39:55.079 In which they all say, Hey, yeah, we didn't process 719 00:39:55.079 --> 00:39:55.719 the paperwork. 720 00:39:55.760 --> 00:39:56.559 We can fix it. 721 00:39:56.840 --> 00:39:59.800 We'll start crediting you next month, and we'll also give 722 00:39:59.840 --> 00:40:02.199 you big lump some account credit for the amount that 723 00:40:02.199 --> 00:40:03.239 you should have been credited. 724 00:40:03.559 --> 00:40:05.119 So none of that has happened. 725 00:40:05.199 --> 00:40:08.840 So I've been researching on how to see Verizon, and uh, 726 00:40:09.000 --> 00:40:11.519 it's it's not tricky, but it was kind of a surprise. 727 00:40:11.639 --> 00:40:14.119 Who the defendant is really going to be? Now, Tracy, 728 00:40:14.159 --> 00:40:16.360 before I tell you that, can you tell me if 729 00:40:16.360 --> 00:40:20.239 you bought the phone from a Verizon store or if 730 00:40:20.280 --> 00:40:24.280 you bought it from a Cell plus store which operates 731 00:40:24.320 --> 00:40:26.880 as Verizon. Do you have any idea what what city 732 00:40:26.920 --> 00:40:28.119 did you buy these phones in? 733 00:40:28.679 --> 00:40:33.400 Or it's Colorado Springs and it was purchased through you know. 734 00:40:33.400 --> 00:40:37.039 On the phone through there the oh, the Verizon itself. 735 00:40:37.039 --> 00:40:39.760 You didn't even go to the store. And I remember 736 00:40:39.840 --> 00:40:44.079 your call. You you've mailed into them four Marco. Her 737 00:40:44.199 --> 00:40:48.519 husband mailed in four old phones. Each one is supposed 738 00:40:48.519 --> 00:40:52.719 to result in a pretty sizable credit. Now, Verizon, in 739 00:40:52.719 --> 00:40:56.239 in Tracy's case, acknowledges the receipt of these four phones, 740 00:40:56.599 --> 00:40:59.159 but she only got credit for two of them. 741 00:40:59.760 --> 00:41:01.400 So what do you do? What do you do? Dmitri? 742 00:41:01.559 --> 00:41:01.719 You know? 743 00:41:02.000 --> 00:41:05.320 And one of the reasons this would escape an attorney, 744 00:41:05.480 --> 00:41:08.280 right and one of the reasons that these carriers get 745 00:41:08.280 --> 00:41:11.679 away with things like that is because what you're not 746 00:41:11.719 --> 00:41:13.480 going to be able to pay a lawyer two hundred 747 00:41:13.480 --> 00:41:16.360 and fifty dollars an hour on a thousand dollars issue. 748 00:41:17.039 --> 00:41:19.719 Fifty an hour. I got the wrong lawyer. I mean, 749 00:41:19.760 --> 00:41:20.400 I mean, I'm. 750 00:41:20.320 --> 00:41:23.280 Just talking about a low priced lawyer. Sure, yeah, but 751 00:41:23.320 --> 00:41:26.440 that's my point exactly. I mean, there's no you know there. 752 00:41:26.639 --> 00:41:30.719 It's almost like they're immune to suit because the amount. 753 00:41:30.360 --> 00:41:31.920 In controversy is so low. 754 00:41:32.800 --> 00:41:32.920 Right. 755 00:41:33.039 --> 00:41:36.079 So, Tracy, if I understand your question, you're saying, who 756 00:41:36.079 --> 00:41:37.239 do I actually sue? 757 00:41:37.280 --> 00:41:37.840 Is that right? 758 00:41:38.599 --> 00:41:39.000 Correct? 759 00:41:39.239 --> 00:41:42.920 Or or is contacting writing something up to the Attorney 760 00:41:43.039 --> 00:41:45.760 General gonna help me at all? Before I even do that? 761 00:41:45.880 --> 00:41:46.920 Well, that's the easy one. 762 00:41:47.199 --> 00:41:49.119 The Attorney General is not going to lift a finger 763 00:41:49.159 --> 00:41:51.559 to help you, me or anybody else who might be listening. 764 00:41:52.360 --> 00:41:53.679 So here's what I did. 765 00:41:53.719 --> 00:41:56.840 I did some research on Verizon, and it turns out 766 00:41:57.159 --> 00:41:58.920 there is no company called Verizon. 767 00:41:59.000 --> 00:42:00.199 It's a trademark. 768 00:42:00.480 --> 00:42:02.719 And you can verify this by going to the Colorado 769 00:42:02.880 --> 00:42:06.800 State Secretary of State's office. They have a business database, 770 00:42:06.920 --> 00:42:11.840 business registration database, and the trademark Verizon is registered to 771 00:42:12.280 --> 00:42:15.679 a huge out of state phone company called Selco Partnership. 772 00:42:16.400 --> 00:42:21.800 Cell Co Partnership and Selco Partnership operates Verizon, and it 773 00:42:21.880 --> 00:42:24.119 turns out they do have a registered agent here in 774 00:42:24.119 --> 00:42:26.039 the state. I'm sure Marco, a big company like that 775 00:42:26.079 --> 00:42:29.880 has registered agents everywhere. Sure, so they engage the services 776 00:42:29.880 --> 00:42:33.159 of one of those like CT Corporation Service, you know, 777 00:42:33.199 --> 00:42:35.119 one of those really big ones that do nothing for 778 00:42:35.159 --> 00:42:37.760 a living except accept process of. 779 00:42:37.760 --> 00:42:41.559 Service, arise to receive service on behalf of you know, 780 00:42:42.000 --> 00:42:45.320 lots of defenders, absolutely, and they are listed on the 781 00:42:45.320 --> 00:42:47.519 Colorado Secretary of State website. 782 00:42:47.599 --> 00:42:47.840 Yeah. 783 00:42:47.840 --> 00:42:50.320 So if you look up Celco Partnership at the Cardo 784 00:42:50.400 --> 00:42:52.559 Secretary of States, well, first of all, follow the same 785 00:42:52.599 --> 00:42:55.639 steps I did. Verify that what I'm telling you is correct. 786 00:42:55.960 --> 00:42:59.960 Verizon brand is owned by Selco Partnership. And then look 787 00:43:00.280 --> 00:43:05.239 who CELCLL Partnerships registered agent is, and have them served 788 00:43:05.280 --> 00:43:08.280 with a small claims action. And by the way, many 789 00:43:08.800 --> 00:43:11.000 in my experience and I filed a whole bunch of 790 00:43:11.079 --> 00:43:14.840 small claims actions now, and the clerk of the court 791 00:43:15.159 --> 00:43:19.360 in small claims can serve the defendant by mail. Now, 792 00:43:19.360 --> 00:43:21.840 they'll try to talk you out of it. They'll say, well, 793 00:43:21.880 --> 00:43:23.679 they always have the same line. They always say, well, 794 00:43:23.719 --> 00:43:25.960 that's not the preferred method. So I don't even let 795 00:43:26.000 --> 00:43:28.960 them get I always just say, ma'am, I understand it's 796 00:43:29.000 --> 00:43:31.440 not the preferred method. But I'd like to try serving 797 00:43:31.440 --> 00:43:34.079 them by mail first, and the benefit of that is 798 00:43:34.639 --> 00:43:37.559 it only costs fifteen dollars instead of one hundred bucks 799 00:43:37.559 --> 00:43:39.519 if you hire a process server, and. 800 00:43:39.440 --> 00:43:42.079 It's pretty easy. I mean, you file and you have. 801 00:43:42.360 --> 00:43:45.360 The service started right on the same visit to the courthouse, 802 00:43:45.400 --> 00:43:47.239 so you don't have to go deal with the process 803 00:43:47.280 --> 00:43:50.159 server now. But try that, I mean I would try that. 804 00:43:50.159 --> 00:43:52.159 That's not legal advice. I'm just telling you how I 805 00:43:52.280 --> 00:43:54.960 do it and how I'm going to do it when 806 00:43:54.960 --> 00:43:57.119 my time comes to super Horizon for their you know, 807 00:43:57.159 --> 00:44:00.320 for the thousand bucks they owe me. But you'll probably 808 00:44:00.360 --> 00:44:04.519 get attention pretty quickly and you'll probably you'll you'll probably 809 00:44:04.559 --> 00:44:07.320 get a call from their lawyer pretty quickly after filing that. 810 00:44:08.000 --> 00:44:11.559 You know, Marco, what are the odds that somebody like 811 00:44:11.719 --> 00:44:14.679 Verizon would try to remove the case to a more 812 00:44:15.280 --> 00:44:16.239 intimidating court. 813 00:44:16.280 --> 00:44:18.760 And do they need to have grounds to even remove it? 814 00:44:18.840 --> 00:44:20.519 Like do they have to say, hey, we have a 815 00:44:20.559 --> 00:44:24.280 counterclaim that exceeds the jurisdiction of small claims court. They 816 00:44:24.280 --> 00:44:26.679 can't just willing Nelly take it somewhere else since. 817 00:44:26.519 --> 00:44:27.159 They prefer to. 818 00:44:27.480 --> 00:44:31.360 Yeah, so you know, the thing that separates a state 819 00:44:31.760 --> 00:44:36.519 court claim as opposed to a federal claim is to 820 00:44:37.159 --> 00:44:42.639 remove it, as Dmitri said, and he is really up 821 00:44:42.679 --> 00:44:48.960 to speed on a lot of procedural issues related to 822 00:44:49.000 --> 00:44:53.159 the practice of law. And before I answer the removal question, 823 00:44:53.400 --> 00:44:56.840 I want to say that the jurisdictional limit in small 824 00:44:56.880 --> 00:45:00.519 claims court is seventy five hundred dollars and the county 825 00:45:00.559 --> 00:45:03.840 court is up to twenty five hundred dollars twenty five 826 00:45:04.480 --> 00:45:07.920 twenty five thousand, thank you, And and district court is 827 00:45:08.039 --> 00:45:12.039 anything over twenty five thousand in controversy, which could be 828 00:45:12.159 --> 00:45:16.239 one hundred million dollars. And for my firm, ben Anelli 829 00:45:16.320 --> 00:45:21.440 Law Firm, we we don't practice anywhere but in district court. 830 00:45:21.639 --> 00:45:24.360 So there's a lot of law firms that will practice 831 00:45:24.559 --> 00:45:28.440 in you know, county court, municipal court, but in my 832 00:45:28.519 --> 00:45:32.840 law firm, we practice exclusively in district court. So the 833 00:45:33.320 --> 00:45:36.920 issue on removal is and I don't know if this 834 00:45:37.320 --> 00:45:41.559 really satisfies or is something that the tracy's looking for, 835 00:45:41.639 --> 00:45:44.159 but to remove something from state court to federal court, 836 00:45:44.199 --> 00:45:48.440 you have to have a complete diverse city among the parties, right, 837 00:45:48.960 --> 00:45:53.239 so you know, you have to have a Colorado resident 838 00:45:53.880 --> 00:45:58.519 suing someone that is not a Colorado resident, right, and 839 00:45:58.719 --> 00:45:59.840 so that they call that the. 840 00:46:00.000 --> 00:46:02.480 Diversity among the diversity of citizenship. 841 00:46:02.639 --> 00:46:04.639 Right And and the other thing is you have to 842 00:46:04.639 --> 00:46:07.480 have over seventy five thousand dollars in controversy. 843 00:46:07.920 --> 00:46:08.559 And so. 844 00:46:10.039 --> 00:46:13.920 The way to get around that is you sue the. 845 00:46:13.960 --> 00:46:16.719 Local Verizon store. 846 00:46:17.480 --> 00:46:21.400 So now you're a Colorado resident that has sued and 847 00:46:21.559 --> 00:46:23.559 I and I forget the name of the company. 848 00:46:23.599 --> 00:46:26.800 You said that Verizon operates under oh Selco partnership. 849 00:46:27.119 --> 00:46:29.039 Now and now, in her case, she didn't buy from 850 00:46:29.039 --> 00:46:32.639 a store, she bought it on the phone from Verizon corporate. However, 851 00:46:33.000 --> 00:46:39.000 doesn't she satisfy the minimum contacts doctrine because Verizon is 852 00:46:39.199 --> 00:46:43.480 all over the place here, So they can't claim diversity 853 00:46:43.519 --> 00:46:47.039 of citizenship just because they're headquartered in Delaware or wherever 854 00:46:47.079 --> 00:46:48.000 they are, right. 855 00:46:47.880 --> 00:46:49.639 The minimum contact rule. 856 00:46:49.880 --> 00:46:52.320 You know, that takes me back to law school studying 857 00:46:52.400 --> 00:46:53.440 for the bar exam. 858 00:46:53.559 --> 00:46:59.440 The US shoe Company, International smack company, you know, the main. 859 00:46:59.360 --> 00:47:04.679 Tree is a I'm not kidding anyway. So the answer 860 00:47:04.719 --> 00:47:08.320 to uh to uh Dmitry's question is yes, it would 861 00:47:08.360 --> 00:47:10.800 satisfy the minimum contact rule. 862 00:47:11.360 --> 00:47:13.199 And there you know, their license to do. 863 00:47:13.199 --> 00:47:16.079 Business uh in Colorado, which is why they have a 864 00:47:16.079 --> 00:47:16.679 registered ation. 865 00:47:17.599 --> 00:47:20.760 So can I ask another question, why can't Why can't 866 00:47:20.800 --> 00:47:23.599 I Why can't I put on the piece of paper? 867 00:47:23.639 --> 00:47:27.440 Since I've been working with the senior account manager over 868 00:47:27.480 --> 00:47:32.000 the business, why can't I name him? And then by 869 00:47:32.079 --> 00:47:35.800 naming him, he's going to go to his upper management 870 00:47:35.840 --> 00:47:38.360 and saying, hey, I'm listed in a lawsuit. 871 00:47:38.599 --> 00:47:43.000 I'll let you handle that, Dmitri Well, Tracy, this guy 872 00:47:43.119 --> 00:47:47.079 worthless or not, does not have a contractual relationship with you. 873 00:47:47.079 --> 00:47:51.719 Your controversies between you and his employer, not him personally. Now, 874 00:47:51.760 --> 00:47:54.920 you can certainly subpoena him as a witness, and it 875 00:47:54.960 --> 00:47:57.960 would definitely help if you've recorded any of these calls 876 00:47:58.159 --> 00:48:00.480 or going to record any of these calls this guy 877 00:48:00.559 --> 00:48:03.760 to try to admit faulter liability of any kind, so 878 00:48:03.880 --> 00:48:07.320 you can subpoena him. But I don't think there's any 879 00:48:07.360 --> 00:48:10.679 path to suing him, Nor is there really a logical 880 00:48:10.760 --> 00:48:13.119 reason to sue this guy. I mean, he might be 881 00:48:13.119 --> 00:48:15.880 a snake, or he might be just incompetent, but man, 882 00:48:15.880 --> 00:48:19.320 it's his company that's responsible for his inaptitude. 883 00:48:19.440 --> 00:48:22.199 But sometimes I'm. 884 00:48:22.039 --> 00:48:25.199 Not saying he's incompetent He's helped a lot, but it's 885 00:48:25.360 --> 00:48:28.199 just you know, to get their attention. It's like, hey, 886 00:48:28.960 --> 00:48:32.519 this person would probably go to his upper management going hey, 887 00:48:32.559 --> 00:48:35.639 I'm listed in this lawsuit. Can we get this cleared 888 00:48:35.719 --> 00:48:40.039 up for her? So he's helped, but it's just you know, 889 00:48:40.119 --> 00:48:44.000 I sent an email again last week and basically, hey, 890 00:48:44.039 --> 00:48:46.599 we're still working on it. Eight months later, we're still 891 00:48:46.599 --> 00:48:47.280 working on it. 892 00:48:47.960 --> 00:48:49.840 Tracy, Thanks for calling. 893 00:48:49.960 --> 00:48:53.599 If you hold on, we'll follow up with you. After 894 00:48:53.639 --> 00:48:56.159 the break. We have Daryl honing Daryl. We're going to 895 00:48:56.199 --> 00:48:59.360 get to you as well, and with that we'll be 896 00:48:59.440 --> 00:48:59.840 right back. 897 00:49:05.400 --> 00:49:08.639 Go with a sure thing Denver's Best roofer Excel Roofing 898 00:49:08.760 --> 00:49:09.320 dot com. 899 00:49:09.360 --> 00:49:11.400 You don't pay a cent until you're content. 900 00:49:14.760 --> 00:49:18.320 Time for an insurance checkup, free no obligation comparison call 901 00:49:18.440 --> 00:49:21.760 Compass Insurance paying too much your coverage at dozens of 902 00:49:21.760 --> 00:49:24.440 insurance companies find out now three all three seven to 903 00:49:24.480 --> 00:49:27.320 seven to one help. You'll think you're his only customer 904 00:49:27.320 --> 00:49:29.599 when you choose Frank durand the real estate Man dot 905 00:49:29.639 --> 00:49:33.159 com to list your home with Remax Alliance three three 906 00:49:33.239 --> 00:49:44.920 nine two zero sixteen twenty two. 907 00:49:46.239 --> 00:49:47.239 We are back. 908 00:49:47.519 --> 00:49:52.400 You are back listening to The Troubleshooter Show, uh home 909 00:49:52.639 --> 00:49:56.679 of the consumer advocate Tom Martino, who has been. 910 00:49:56.639 --> 00:49:59.000 Recovering monies in. 911 00:50:01.360 --> 00:50:06.000 In cash, merchandise and services for forty five years, the 912 00:50:06.159 --> 00:50:09.840 longest syndicated radio show in the country. 913 00:50:10.519 --> 00:50:11.360 Honored to be here. 914 00:50:11.400 --> 00:50:14.320 My name is Marco Bendonelli from the Bendonelli Law Firm 915 00:50:15.000 --> 00:50:18.800 in Denver, Colorado, and I am filling in today for 916 00:50:19.280 --> 00:50:23.360 Tom Martine and Mark Major, who are. 917 00:50:24.920 --> 00:50:25.599 Not present. 918 00:50:25.760 --> 00:50:29.039 And you know, I do want to talk a little 919 00:50:29.039 --> 00:50:32.639 bit about something that Tom has gone through recently, but 920 00:50:33.559 --> 00:50:35.800 right now we've got a couple of callers on the phone, 921 00:50:35.840 --> 00:50:39.440 so we'll save that and we're going to go to Daryl, 922 00:50:40.119 --> 00:50:43.440 who has a question about medical malpractice. 923 00:50:43.800 --> 00:50:45.360 Daryl, you still on align with us? 924 00:50:46.280 --> 00:50:47.840 Hey, Marco, how are we doing this morning? 925 00:50:48.079 --> 00:50:49.679 We're doing fine. 926 00:50:50.039 --> 00:50:53.199 So how hard is it to I mean, I can't 927 00:50:53.239 --> 00:50:55.679 say how hard it is. How successful would it be 928 00:50:55.800 --> 00:50:56.880 to sue a hospital? 929 00:50:58.199 --> 00:51:04.719 Well, you know, so that's an interesting question because that 930 00:51:05.039 --> 00:51:10.400 is not necessarily medical malpractice. You know, you have to 931 00:51:10.719 --> 00:51:15.039 it has to be the wrongdoing of a physician. So 932 00:51:15.079 --> 00:51:17.119 why don't you tell me a little bit more about 933 00:51:17.159 --> 00:51:17.840 what's going on? 934 00:51:19.199 --> 00:51:25.920 So, long story short, My son needed a hard transplant, 935 00:51:27.360 --> 00:51:35.320 and at the time, university would not put him on 936 00:51:35.719 --> 00:51:40.960 the transplant list unless you got a COVID shot, and 937 00:51:41.000 --> 00:51:43.880 he was against it and we were all against it. 938 00:51:43.960 --> 00:51:51.239 But at any rate, he got a COVID shot and 939 00:51:51.840 --> 00:51:59.440 thirty six hours later he died. Now, the autopsy lists 940 00:52:00.079 --> 00:52:04.239 a dozen or fifteen different things, which most of them 941 00:52:04.599 --> 00:52:09.559 we don't understand the terminology. But obviously the COVID shot 942 00:52:09.840 --> 00:52:15.519 wasn't in there. And I mean, I you know, you're 943 00:52:15.639 --> 00:52:18.440 you're throwing a dart at it, like, well, I mean sure, 944 00:52:18.599 --> 00:52:20.199 it could have been anything, right. 945 00:52:20.360 --> 00:52:23.719 Sure, sure, And I bet they listed, you know, cardiac 946 00:52:24.079 --> 00:52:29.920 arrest and as part of those little laundry lists. Well, 947 00:52:29.920 --> 00:52:32.559 first of all, they're really really sorry to hear that, 948 00:52:34.480 --> 00:52:37.039 you know, really sorry to hear that. And you mentioned 949 00:52:37.119 --> 00:52:40.239 you was it which hospital did you mention? 950 00:52:42.119 --> 00:52:42.719 University? 951 00:52:42.960 --> 00:52:43.159 Yeah? 952 00:52:43.239 --> 00:52:50.159 Okay, so university is yeah, intact, Yeah, by you know, 953 00:52:50.239 --> 00:52:53.440 they are a they receive funds from the state or 954 00:52:53.480 --> 00:52:57.559 state sponsor. They are covered or the expression is they 955 00:52:57.840 --> 00:53:02.679 enjoy that's the word that use, They enjoy governmental immunity. 956 00:53:03.599 --> 00:53:07.360 Okay. That was my question because it's hard to sue 957 00:53:07.599 --> 00:53:09.679 when you have governmental immunity. 958 00:53:09.760 --> 00:53:10.000 Right. 959 00:53:10.079 --> 00:53:14.159 Well, you know, there are certain notice requirements and there's 960 00:53:14.159 --> 00:53:17.320 some special hoops that you have to jump through, but 961 00:53:17.840 --> 00:53:23.239 typically it is more challenging, and medical malpractice in and 962 00:53:23.280 --> 00:53:28.639 of itself is just a very difficult uh. You know, 963 00:53:28.679 --> 00:53:32.039 it's an uphill battle with these type of claims. You know, 964 00:53:32.280 --> 00:53:37.719 these type of cases. Medical malpractice cases are extremely time consuming, 965 00:53:38.480 --> 00:53:45.239 they're very expensive, and unless there are huge damages, most 966 00:53:45.320 --> 00:53:48.480 lawyers will will stay away from them. We do medical 967 00:53:48.519 --> 00:53:51.800 malpractice at my firm, you know, not it's not our 968 00:53:51.880 --> 00:53:56.920 primary focus, but we've done some rather successfully, I would add, 969 00:53:57.039 --> 00:53:59.760 but but you know, like I said, they are very 970 00:53:59.800 --> 00:54:04.320 time I'm consuming, very expensive in Colorado in addition to 971 00:54:04.639 --> 00:54:09.880 the hurdles that you face based upon that facility enjoying 972 00:54:10.840 --> 00:54:15.480 governmental immunity. Uh. You know, for every medical malpractice claim 973 00:54:15.679 --> 00:54:20.079 that is filed prior to filing one, yeah, there's a 974 00:54:20.239 --> 00:54:23.000 there's a statute. There's a law that you have to 975 00:54:23.039 --> 00:54:28.559 get something called a certificate of review. Now that means 976 00:54:28.599 --> 00:54:33.920 you have to hire another medical professional to review the file. 977 00:54:34.880 --> 00:54:40.480 And the specific language in the statute says that, uh, 978 00:54:41.079 --> 00:54:48.440 that that this medical professional must attest to the following Uh. 979 00:54:48.639 --> 00:54:51.280 You know, this is lawyer double speak. Are you ready. 980 00:54:52.519 --> 00:54:59.079 That the case does not lack substantial justification? Okay, so 981 00:54:59.159 --> 00:55:04.159 it does not substantial justification, but anyway, you know, so 982 00:55:04.440 --> 00:55:06.960 just getting the certificate of review, just getting over that 983 00:55:07.039 --> 00:55:09.519 initial hurdle that could be five or ten thousand dollars, 984 00:55:10.239 --> 00:55:13.280 you know, to get another bock to review that stuff. 985 00:55:13.280 --> 00:55:17.039 And typically you're you're contracting with a physician who's not 986 00:55:17.199 --> 00:55:21.840 in state because you know, it's you can't find doctors 987 00:55:21.960 --> 00:55:26.320 in state to testify against another doctor in state. 988 00:55:26.320 --> 00:55:29.360 Because there's a big insurance company that ensures doctors and 989 00:55:29.400 --> 00:55:31.960 they're gonna dump you if you testify about another one 990 00:55:32.000 --> 00:55:32.679 of their clients. 991 00:55:32.719 --> 00:55:33.199 Is that right? 992 00:55:33.599 --> 00:55:37.559 Well, you know it's copic, and you know they are 993 00:55:38.519 --> 00:55:44.960 very you know, I'm trying to avoid the words that 994 00:55:45.000 --> 00:55:46.119 I would use naturally. 995 00:55:46.320 --> 00:55:49.800 Have they agressively manage liability? Yeah, they are. 996 00:55:49.920 --> 00:55:54.159 They are aggressive in the way that they litigate their cases. 997 00:55:55.760 --> 00:55:58.159 So well, you know, it was it was it was 998 00:55:58.199 --> 00:56:03.280 sad for us to find out that we didn't even 999 00:56:03.320 --> 00:56:09.199 think that mandating COVID shot was even a thing anymore. 1000 00:56:09.280 --> 00:56:13.440 We we thought that was dead and gone and it's 1001 00:56:13.480 --> 00:56:18.760 all voluntary, and and were shocked to find out that, 1002 00:56:19.920 --> 00:56:23.960 uh university, I don't know if they still do, but 1003 00:56:24.639 --> 00:56:27.519 since since the administration has changed. 1004 00:56:27.599 --> 00:56:32.400 But how long how long ago was this October? Middle 1005 00:56:32.400 --> 00:56:34.599 of October's. 1006 00:56:33.679 --> 00:56:38.519 Super recent I'm shocked to hear somebody still requires satanic. 1007 00:56:39.719 --> 00:56:43.559 We were, we were, we were shocked that that they 1008 00:56:45.079 --> 00:56:47.280 you know, the university is still mandated. 1009 00:56:47.320 --> 00:56:52.519 That totally shocked, you know, Uh, because my answer regarding 1010 00:56:52.559 --> 00:57:00.159 medical malpractice really avoided the issue of the of the shot. Uh. 1011 00:57:00.199 --> 00:57:07.840 Deputy Dimitri just characterized that shot as satanic. You know, 1012 00:57:09.119 --> 00:57:13.760 I think the further we get away from the pandemic, uh. 1013 00:57:13.840 --> 00:57:17.280 And you know, just time and time again, we are 1014 00:57:17.320 --> 00:57:20.719 seeing examples. They're all, you know, what happened to your son, 1015 00:57:21.880 --> 00:57:27.039 you know, and the legitimacy of the you know, dangerous 1016 00:57:27.320 --> 00:57:34.440 and you know, the fatalities caused, people's lives wrecked because 1017 00:57:34.480 --> 00:57:38.639 the government mandated this thing. And you know, it's just 1018 00:57:38.760 --> 00:57:42.400 gaining in Uh, the problems that were you know, poo 1019 00:57:42.480 --> 00:57:47.800 pooed and minimized. I mean, they are just gaining in legitimacy. 1020 00:57:48.159 --> 00:57:49.039 Go ahead, yeah, And. 1021 00:57:49.000 --> 00:57:53.039 I mean for what for what for from what we understand? 1022 00:57:53.199 --> 00:57:53.920 And and. 1023 00:57:55.280 --> 00:57:55.639 Is that. 1024 00:57:57.559 --> 00:58:02.159 The biggest side effect from COVID was the. 1025 00:58:02.199 --> 00:58:06.199 Heart and you know, and respiratory issues. 1026 00:58:06.360 --> 00:58:10.480 And respiratory sure, but like I said it that I 1027 00:58:10.519 --> 00:58:13.880 mean my biggest yes, I guess I guess you. You've 1028 00:58:13.880 --> 00:58:17.239 already answered my question. And that's that's that it would 1029 00:58:17.239 --> 00:58:21.280 be a time consuming, he feel bat it will probably 1030 00:58:21.360 --> 00:58:22.960 waste of time, you know, and. 1031 00:58:23.440 --> 00:58:27.440 So so while I have to deliver that uh news, 1032 00:58:27.599 --> 00:58:30.239 I also want to tell you I'm very very sorry 1033 00:58:30.239 --> 00:58:31.280 about what happened. 1034 00:58:31.320 --> 00:58:33.000 And you know, I'm. 1035 00:58:32.880 --> 00:58:37.920 Sure all the listeners today would are saddened by your story. 1036 00:58:37.960 --> 00:58:42.960 Really so yeah, but I don't think I don't think. 1037 00:58:42.840 --> 00:58:46.519 They're going to find uh an attorney who's gonna take 1038 00:58:46.559 --> 00:58:50.639 that case number one against university hospital, number two against 1039 00:58:50.639 --> 00:58:56.760 the vaccination, you know. So But anyway, we thank you 1040 00:58:56.800 --> 00:58:59.360 for calling in. We have to take a short break 1041 00:58:59.360 --> 00:59:03.000 and thank you Darryl, and we will be right back 1042 00:59:03.360 --> 00:59:03.840 after this. 1043 00:59:08.480 --> 00:59:11.760 Go with a sure thing Denver's Best roofer Excel roofing 1044 00:59:11.880 --> 00:59:12.440 dot com. 1045 00:59:12.480 --> 00:59:14.519 You don't pay a cent until you're content. 1046 00:59:17.880 --> 00:59:21.440 Time for an insurance checkup free no obligation comparison call 1047 00:59:21.559 --> 00:59:24.840 Compass insurance paying too much your coverage at dozens of 1048 00:59:24.880 --> 00:59:25.800 insurance companies. 1049 00:59:25.840 --> 00:59:28.079 Find out now three all three seven seven to one. 1050 00:59:28.199 --> 00:59:31.039 Help You'll think you're his only customer when you choose 1051 00:59:31.039 --> 00:59:33.559 Frank durand the real estate Man dot com to list 1052 00:59:33.599 --> 00:59:36.920 your home with Remax Alliance three three nine two zero 1053 00:59:37.079 --> 00:59:46.920 sixteen twenty two. 1054 00:59:47.840 --> 00:59:53.159 You are listening to the Troubleshooter Show, uh, the Tom 1055 00:59:53.239 --> 00:59:59.199 Martino Show UH, and Tom Martino is normally the host 1056 00:59:59.320 --> 01:00:02.880 along with Mark Major his co host. My name is 1057 01:00:02.960 --> 01:00:08.079 Marco Bendinelli. I am a Denver, Colorado attorney and I 1058 01:00:08.119 --> 01:00:12.480 am the founder and sole shareholder of Bendonelli Law Firm. 1059 01:00:13.199 --> 01:00:16.760 We are thirty professional strong. We are a personal injury 1060 01:00:16.800 --> 01:00:20.400 law firm and we can be reached at one eight 1061 01:00:20.519 --> 01:00:21.639 hundred attorney. 1062 01:00:22.239 --> 01:00:23.760 That's one eight hundred attorney. 1063 01:00:24.719 --> 01:00:29.760 Our website is CEO like Colorado CEO Law Firm dot com, 1064 01:00:30.519 --> 01:00:34.840 so you can find us there for your personal injury 1065 01:00:35.519 --> 01:00:43.800 legal needs. Today we are talking about issues. It's been 1066 01:00:43.840 --> 01:00:47.440 a little bit all over the board. We have Mike 1067 01:00:47.599 --> 01:00:51.039 on hold who has a question about door dash and Mike, 1068 01:00:51.079 --> 01:00:52.559 I am anxious to get to you. 1069 01:00:52.639 --> 01:00:55.559 But we have Yvonne calling in who. 1070 01:00:55.360 --> 01:00:58.760 Has a comment on the COVID shot issue, which we 1071 01:00:58.960 --> 01:01:00.000 just discussed. 1072 01:00:59.599 --> 01:01:00.719 With the caller. 1073 01:01:01.119 --> 01:01:03.519 So I'm going to take Yvonne real quick, but Mike, 1074 01:01:03.599 --> 01:01:07.679 please hold on and be patient. Yvonne, tell us about 1075 01:01:07.719 --> 01:01:09.239 your comment on the COVID shot. 1076 01:01:10.719 --> 01:01:14.280 Well, my comment is is that because the COVID shot 1077 01:01:14.360 --> 01:01:18.239 was mandated by the federal government, and that the university 1078 01:01:18.280 --> 01:01:22.800 does have subsidies from the federal government, and the fact 1079 01:01:22.800 --> 01:01:26.320 that we as citizens pay federal tax that I'm just 1080 01:01:26.400 --> 01:01:29.280 thinking that they would have some sort of liability for that. 1081 01:01:29.679 --> 01:01:31.559 But you're going to have to find a lawyer who 1082 01:01:31.639 --> 01:01:34.480 has a lot of extra time, who doesn't care about money, 1083 01:01:34.480 --> 01:01:37.280 who just wants to challenge because it's very difficult to 1084 01:01:37.320 --> 01:01:38.079 sue the government. 1085 01:01:38.519 --> 01:01:42.440 Well, you know, actually we talked about that off the 1086 01:01:42.480 --> 01:01:47.480 air after the last caller and talked about a potential 1087 01:01:47.519 --> 01:01:52.719 civil rights violation. But you know, these manufactors, the government 1088 01:01:52.880 --> 01:01:54.960 granted them immunity. 1089 01:01:54.960 --> 01:01:58.360 And well, I'm just saying, you know, because Fauchi you, 1090 01:01:58.639 --> 01:02:01.800 I mean, it could be so litigates, you know, possibly 1091 01:02:02.119 --> 01:02:04.119 you just have to find a lawyer who does who 1092 01:02:04.119 --> 01:02:07.519 has enough time to just take that on, that doesn't, 1093 01:02:07.639 --> 01:02:09.320 like I said, that doesn't care about money, that just 1094 01:02:09.320 --> 01:02:10.320 wants to challenge. 1095 01:02:10.519 --> 01:02:14.800 Well, that those lawyers will be few and far between. 1096 01:02:15.480 --> 01:02:20.039 Probably someone retired. But anyway, we thank you for your comment. Evon, 1097 01:02:20.239 --> 01:02:23.880 you're preaching to the choir. We have Mike online three 1098 01:02:23.960 --> 01:02:25.480 who has a question about door dash. 1099 01:02:25.519 --> 01:02:31.440 Go ahead, Mike, Hey, good morning. Oh I'm just calling. 1100 01:02:31.519 --> 01:02:34.599 I've been door dashing recently, just for some extra income. 1101 01:02:35.400 --> 01:02:35.760 Okay. 1102 01:02:36.239 --> 01:02:39.639 I heard the stories a week ago of the three 1103 01:02:39.679 --> 01:02:45.119 like Colorado companies being fined for hiring the legal aliens. 1104 01:02:46.840 --> 01:02:48.880 Oh yeah, lately that door dash. 1105 01:02:49.239 --> 01:02:55.320 Sally dmitri hand the deputy dmitri Han. It seems like 1106 01:02:55.360 --> 01:02:56.920 he's dialed in on that issue. 1107 01:02:57.239 --> 01:02:58.239 Well what I what? 1108 01:02:58.400 --> 01:03:01.000 I read an article just a few days ago about 1109 01:03:02.559 --> 01:03:07.239 the federal government finding three Denver based companies, most of 1110 01:03:07.280 --> 01:03:10.960 which were involved in like cleaning services, that kind of 1111 01:03:11.000 --> 01:03:18.800 stuff for hiring like outrageously obvious illegal aliens, duplicate duplicate 1112 01:03:19.239 --> 01:03:22.639 social Security numbers, lack of paperwork. One of these fines 1113 01:03:22.679 --> 01:03:26.239 will was well over six million dollars Marco. This is there, 1114 01:03:26.280 --> 01:03:29.400 This is real money. They're sending a message. But Mike, 1115 01:03:29.480 --> 01:03:31.519 what is what? What does that have to do with DoorDash? 1116 01:03:31.559 --> 01:03:33.559 I thought maybe somebody spit a loogie in your in 1117 01:03:33.599 --> 01:03:34.719 your delivery or something. 1118 01:03:36.039 --> 01:03:39.280 No, no, I just noticed that that's clearly going on 1119 01:03:39.400 --> 01:03:42.519 with door dash as well. I'd say probably fifty percent 1120 01:03:42.559 --> 01:03:45.320 of the door dashers out there are clearly part of 1121 01:03:45.360 --> 01:03:48.559 that wave of illegal immigrants. And I don't understand how 1122 01:03:49.199 --> 01:03:52.239 they're even able to because you do need to upload 1123 01:03:52.639 --> 01:03:56.400 forms of ID and pass background checks to become a 1124 01:03:56.400 --> 01:03:59.920 contractor with them. But I mean, people can lie, I guess, 1125 01:04:00.079 --> 01:04:02.760 but there's so many it feels like it's just too 1126 01:04:02.840 --> 01:04:05.400 obvious that Dr Nash is just hiring them knowingly. 1127 01:04:07.159 --> 01:04:10.599 Well you know, they they may or may not be complicit. 1128 01:04:10.719 --> 01:04:12.519 But I do think that. 1129 01:04:14.239 --> 01:04:17.760 Our president has a mandate regarding that issue. I think 1130 01:04:17.840 --> 01:04:23.280 that there is a general outrage, uh, with respect to 1131 01:04:24.199 --> 01:04:28.239 illegal immigrants that are criminals, that have committed murders and rapes, 1132 01:04:28.280 --> 01:04:31.880 and you know, and and you've got these small vocal 1133 01:04:31.960 --> 01:04:37.480 minority groups that are you know, not worried about the 1134 01:04:37.599 --> 01:04:42.760 United States citizens, not worried about the victims of these things, 1135 01:04:42.800 --> 01:04:45.800 and you know, they want to grant rights to uh, 1136 01:04:45.840 --> 01:04:49.599 the illegal immigrants. And so you know, I think you're 1137 01:04:49.639 --> 01:04:51.599 kind of appreciing that acchoir here, and. 1138 01:04:53.000 --> 01:04:55.320 But we thank you. 1139 01:04:55.320 --> 01:04:59.519 You know, there is one, you know, previously unforeseen consequence 1140 01:05:00.119 --> 01:05:02.000 of the people who are not allowed to work here 1141 01:05:02.039 --> 01:05:05.119 stealing a social Security number are being provided with a 1142 01:05:05.199 --> 01:05:08.400 valid social Security number that belongs to somebody else. That 1143 01:05:08.559 --> 01:05:12.119 happened to somebody I know, and their social Security number 1144 01:05:12.320 --> 01:05:14.760 was used for a ton of different jobs all over 1145 01:05:14.760 --> 01:05:19.119 the country. It caused this guy IRS nightmares that have 1146 01:05:19.239 --> 01:05:23.039 not only taken years, they're still going on because the 1147 01:05:23.079 --> 01:05:26.960 IRS claims that he owes taxes here and there and 1148 01:05:27.000 --> 01:05:29.679 all these other jobs. And it's like a whack a mole. 1149 01:05:29.760 --> 01:05:32.920 By the time he gets one of these IRS issues settled, 1150 01:05:33.239 --> 01:05:36.840 another one pops out. It seems to be endless, endless. 1151 01:05:37.360 --> 01:05:38.519 So there are a lot. 1152 01:05:38.360 --> 01:05:43.159 Of these silently suffering victims out there whose social Security 1153 01:05:43.239 --> 01:05:44.599 numbers are getting stolen. 1154 01:05:45.159 --> 01:05:48.440 And that and you know, and that is the. 1155 01:05:50.320 --> 01:05:55.239 Victims of non violent crimes, let alone victims of violent thing. 1156 01:05:55.400 --> 01:05:58.000 Yeah, exactly, they're both hal they're both sides to this. 1157 01:05:58.679 --> 01:06:02.320 So and anyway, we have a latter two open. Please 1158 01:06:02.360 --> 01:06:04.960 give us a call three oh three seven to one 1159 01:06:05.119 --> 01:06:08.960 three talk three oh three seven one three talk and 1160 01:06:09.000 --> 01:06:10.840 we will be right back after this. 1161 01:06:14.719 --> 01:06:18.000 Go with a sure thing Denver's best roofer Excel roofing 1162 01:06:18.119 --> 01:06:18.679 dot com. 1163 01:06:18.719 --> 01:06:20.760 You don't pay a cent until you're content. 1164 01:06:24.119 --> 01:06:27.320 Time for an insurance check up free no obligation comparison 1165 01:06:27.440 --> 01:06:31.000 call Compass Insurance paying too much your coverage at dozens 1166 01:06:31.000 --> 01:06:33.719 of insurance companies find out now three oh three seven 1167 01:06:33.760 --> 01:06:36.119 to seven to one help. You'll think you're his only 1168 01:06:36.199 --> 01:06:38.679 customer when you choose Frank durand the real estate man 1169 01:06:38.719 --> 01:06:42.159 dot com to list your home with Remax Alliance. Three 1170 01:06:42.159 --> 01:06:51.719 oh three nine two zero sixteen twenty two. 1171 01:06:53.239 --> 01:06:57.360 We are back on the air. We've got some exciting 1172 01:06:57.440 --> 01:07:01.559 news from after the top of the We're gonna have 1173 01:07:01.719 --> 01:07:06.599 a special guest with us today, Gary Millsbaw, a retired 1174 01:07:07.000 --> 01:07:11.119 lieutenant from the Aurora Police Department, and so that is 1175 01:07:11.159 --> 01:07:15.920 something you can look forward to right now. We have 1176 01:07:16.039 --> 01:07:22.719 been talking about some of the challenges for medical malpractice cases, 1177 01:07:22.719 --> 01:07:29.639 some of the challenges that have been forced upon people 1178 01:07:30.440 --> 01:07:34.400 by the vaccine by being forced to take the shot. 1179 01:07:34.440 --> 01:07:37.039 And we just heard a sad story this morning. 1180 01:07:38.280 --> 01:07:41.000 Said is not even the word Marco. It's heartbreaking and 1181 01:07:41.039 --> 01:07:43.639 whatever comes beyond heartbreaking. 1182 01:07:43.159 --> 01:07:44.079 It's outrageous. 1183 01:07:44.119 --> 01:07:50.119 Really. You know, while pending a heart transplant, the hospital 1184 01:07:50.159 --> 01:07:53.000 required that the patient. 1185 01:07:53.159 --> 01:07:58.000 Get vaccinated, who initially. 1186 01:07:58.119 --> 01:08:03.719 Refused, but then acquiesced and died thirty six hours after 1187 01:08:03.760 --> 01:08:06.559 taking that shot. And you know, we were talking about 1188 01:08:06.559 --> 01:08:14.480 the legitimacy of the problems with this vaccine that were minimized, discounted, 1189 01:08:15.800 --> 01:08:17.199 you know, and. 1190 01:08:17.119 --> 01:08:21.760 So we learn so much more every day. Look at 1191 01:08:21.760 --> 01:08:24.720 all these teenage athletes who are suddenly dropping dead of 1192 01:08:24.760 --> 01:08:25.520 heart attacks. 1193 01:08:26.039 --> 01:08:26.880 That's unheard of. 1194 01:08:27.079 --> 01:08:33.520 It's unreal, and there's no accountability, you know, there's no accountability. 1195 01:08:33.880 --> 01:08:36.840 Anyway. My name is Marco Bendinelli. 1196 01:08:36.840 --> 01:08:41.239 I'm filling in for Tom Martino and Mark Major, and 1197 01:08:41.720 --> 01:08:46.600 we are welcoming your calls. If you have any problems 1198 01:08:46.680 --> 01:08:50.560 with vendors, with people you do business with. You've been 1199 01:08:50.680 --> 01:08:54.840 ripped off, you've been scammed, you got complaints, We got answers, 1200 01:08:55.439 --> 01:08:58.960 and we are here to solve problems. Take your calls 1201 01:08:59.000 --> 01:09:03.039 and look into whatever whatever circumstance you're facing. 1202 01:09:03.479 --> 01:09:03.600 Uh. 1203 01:09:03.720 --> 01:09:06.319 Tom Martino has been doing that for forty five years. 1204 01:09:06.319 --> 01:09:09.600 This is the longest syndicated radio show in the country. 1205 01:09:09.880 --> 01:09:12.079 Extremely impressive. 1206 01:09:12.600 --> 01:09:12.720 Uh. 1207 01:09:12.920 --> 01:09:17.560 I am privileged to be here, you know. And so again, 1208 01:09:17.680 --> 01:09:19.960 if you have a problem, you give us a call 1209 01:09:20.079 --> 01:09:24.000 at three oh three Martino, UH, or you can email 1210 01:09:24.079 --> 01:09:28.840 us at help at troubleshooter dot com. Uh we are 1211 01:09:28.880 --> 01:09:34.199 looking forward to speaking to the retired uh Aurora police officer. 1212 01:09:34.560 --> 01:09:36.680 I think after he retired, you spent some time at 1213 01:09:36.680 --> 01:09:40.199 the Jefferson County with the Jefferson County Sheriff's Department as well. 1214 01:09:41.079 --> 01:09:45.880 So we're looking forward to hearing from Gary Millspaw. And 1215 01:09:46.319 --> 01:09:50.000 you know what, We're going to explore a very sensitive 1216 01:09:50.239 --> 01:09:58.079 and controversial topic, which is the trenday Aragua taking over 1217 01:09:59.000 --> 01:10:04.399 apartment complexes in Aurora, Colorado, which the national media has 1218 01:10:04.479 --> 01:10:09.079 said is fake. It did not occur. So Gary's gonna 1219 01:10:09.359 --> 01:10:12.199 talk to us about that and get to the bottom 1220 01:10:12.239 --> 01:10:13.840 of it and shed some light on that. 1221 01:10:14.279 --> 01:10:17.079 And Marco not only that, but I'd like our audience 1222 01:10:17.119 --> 01:10:20.920 to know this is our very first ask me Anything session. 1223 01:10:21.359 --> 01:10:24.039 So if anybody has questions that they've always wanted to 1224 01:10:24.079 --> 01:10:26.279 ask a cop, give us a call. We're gonna put 1225 01:10:26.319 --> 01:10:29.159 Gary right on the spot. The only rule is you 1226 01:10:29.239 --> 01:10:32.279 can ask him anything. The only other rule is Gary 1227 01:10:32.399 --> 01:10:35.119 might not answer, but go ahead and take a shot. 1228 01:10:35.319 --> 01:10:38.279 How to get out of a ticket? How many donuts 1229 01:10:38.279 --> 01:10:41.079 do they actually eat? How do you know if you're 1230 01:10:41.079 --> 01:10:43.039 gonna get a ticket or a warning? What can you 1231 01:10:43.119 --> 01:10:45.359 do to enhance your odds of a warning rather than 1232 01:10:45.399 --> 01:10:45.840 a ticket? 1233 01:10:46.119 --> 01:10:48.760 So you tune in and we'll be right back. 1234 01:11:11.840 --> 01:11:15.079 Go with a sure thing Denver's Best roofer Excel Roofing 1235 01:11:15.199 --> 01:11:15.800 dot com. 1236 01:11:15.840 --> 01:11:17.840 You don't pay a cent until you're content. 1237 01:11:19.479 --> 01:11:23.680 Leave time for an insurance check up free, no obligation 1238 01:11:23.800 --> 01:11:27.680 comparison call Compass Insurance. Pay too much your coverage at 1239 01:11:27.720 --> 01:11:30.479 dozens of insurance companies find out now three oh three 1240 01:11:30.600 --> 01:11:33.199 seven seven to one help. You'll think you're his only 1241 01:11:33.279 --> 01:11:35.760 customer when you choose Frank durand the real estate Man 1242 01:11:35.800 --> 01:11:39.199 dot com to list your home with Remax Alliance three 1243 01:11:39.279 --> 01:11:41.520 oh three nine two zero sixteen twenty two. 1244 01:11:50.720 --> 01:11:50.920 Lead. 1245 01:11:51.680 --> 01:11:52.239 You don't have. 1246 01:11:54.920 --> 01:11:59.479 Run as can No shoot 's gonna help? 1247 01:11:59.680 --> 01:12:05.920 Come di is the Troubleshooter Show Now, Tom Martinez. 1248 01:12:08.560 --> 01:12:11.960 Don't you love the energy of that music? I mean 1249 01:12:12.079 --> 01:12:14.199 it just excites me sitting here. 1250 01:12:14.439 --> 01:12:16.880 Yeah, we should start a mush pitch whenever that music 1251 01:12:16.920 --> 01:12:17.319 comes out. 1252 01:12:17.439 --> 01:12:20.039 Oh my goodness, we're dancing around here in the studio. 1253 01:12:20.079 --> 01:12:22.199 It's kind of it's kind of fun anyway. 1254 01:12:22.720 --> 01:12:23.000 Uh. 1255 01:12:23.000 --> 01:12:27.319 This is Marco Bendinelli Bendanelli Law Firm, filling in for 1256 01:12:28.000 --> 01:12:29.720 Tom Martino. And Mark Major. 1257 01:12:30.079 --> 01:12:32.640 You're listening to the Trouble Shooter Show. 1258 01:12:32.479 --> 01:12:37.800 The longest syndicated radio show in the country forty five years. 1259 01:12:37.880 --> 01:12:38.920 Quite amazing. 1260 01:12:40.279 --> 01:12:45.800 Tom is a pioneer as a consumer advocate. He has 1261 01:12:46.439 --> 01:12:50.840 recovered what hundreds of millions of dollars in cash, merchandise 1262 01:12:50.920 --> 01:12:51.640 and services. 1263 01:12:52.239 --> 01:12:55.800 I think, yes, three hundred and fifty million bucks recovered 1264 01:12:55.800 --> 01:12:58.399 by Tom and Mark. And by the way, guest hosts 1265 01:12:58.399 --> 01:13:00.920 get twenty percent on the days that they work here. 1266 01:13:00.960 --> 01:13:01.680 We got to get paid. 1267 01:13:02.239 --> 01:13:03.079 Oh my goodness. 1268 01:13:03.159 --> 01:13:09.039 Well, anyway, Tom is a pioneer, and uh, you know, 1269 01:13:09.800 --> 01:13:12.159 I'm proud of him for standing up against the grand 1270 01:13:12.520 --> 01:13:17.520 calling out these ripoff artists, these scumbags, and really you know, 1271 01:13:17.640 --> 01:13:19.920 pressing the flesh and getting in the middle of these 1272 01:13:19.960 --> 01:13:24.439 things to solve problems. And you know, hats off to Tom. Uh. 1273 01:13:24.880 --> 01:13:30.359 Tom has suffered some you know, some medical issues, and 1274 01:13:30.399 --> 01:13:33.960 we're looking forward to his full recovery and return. 1275 01:13:34.960 --> 01:13:38.439 Our best thoughts and prayers go out to him. Right now. 1276 01:13:39.479 --> 01:13:44.479 I am privileged to sit in his chair. Anyway, we 1277 01:13:44.520 --> 01:13:46.880 are at the top of the hour and we have 1278 01:13:47.119 --> 01:13:53.800 a special guest today, Lieutenant Gary Millspaugh, who is a 1279 01:13:53.920 --> 01:13:59.319 retired lieutenant from the Aurora Police Department, and then, as 1280 01:13:59.359 --> 01:14:03.000 if that was not enough public service, then he joined 1281 01:14:03.039 --> 01:14:06.600 the Jefferson County Sheriff's Department for another nine years. 1282 01:14:06.960 --> 01:14:07.920 That I think that was. 1283 01:14:07.840 --> 01:14:11.039 His first gig in law enforcement, right, Gary, So nine 1284 01:14:11.119 --> 01:14:14.279 years in jeff Go, a couple of years in DA, 1285 01:14:15.079 --> 01:14:18.479 including undercover stuff that we got a bunch of questions for, 1286 01:14:19.079 --> 01:14:21.479 and after that, decades at aur APD. 1287 01:14:22.760 --> 01:14:23.600 Unbelievable. 1288 01:14:24.439 --> 01:14:27.039 You know, the kind of guy that you know really 1289 01:14:27.079 --> 01:14:30.399 makes up the fabric of our society, you know, like 1290 01:14:30.439 --> 01:14:31.640 the everyday heroes. 1291 01:14:32.199 --> 01:14:33.399 You know, we love. 1292 01:14:33.319 --> 01:14:39.239 Those people, you know. And what I'm interested and anxious 1293 01:14:39.479 --> 01:14:44.199 to talk about is the uh, you know, whether there 1294 01:14:44.199 --> 01:14:51.920 were false claims of gang takeovers in Aurora, Because while 1295 01:14:51.920 --> 01:14:55.640 we were off the air, I googled it and listen, listen. 1296 01:14:55.760 --> 01:15:00.920 It says there have been controversies and challenge and this 1297 01:15:01.000 --> 01:15:07.359 is a quote including false claims of gang takeovers and 1298 01:15:07.560 --> 01:15:12.800 increased crimes. And you know, I mean, wow, what kind 1299 01:15:13.279 --> 01:15:13.680 you know is that? 1300 01:15:13.800 --> 01:15:18.680 The fake news? What a whitewash? What a whitewash? Unbelievable? 1301 01:15:19.000 --> 01:15:24.800 So so uh We're gonna ask uh, uh Gary, Gary, 1302 01:15:24.920 --> 01:15:29.520 can you comment on whether uh the claims of gang 1303 01:15:29.640 --> 01:15:33.000 takeovers of apart in apartment complexes and Aurora? 1304 01:15:33.600 --> 01:15:37.600 Were they was that false? Was that was that made up? 1305 01:15:37.680 --> 01:15:41.279 It was all fake news? Well yeah, right right. 1306 01:15:41.399 --> 01:15:43.840 Yeah, So Gary, tell us, tell us what you know 1307 01:15:43.920 --> 01:15:49.680 about that, about the uh trenda Aragua presence in Aurora, 1308 01:15:50.159 --> 01:15:53.319 real real were uh perceived? 1309 01:15:53.880 --> 01:15:55.439 Well, like you said, there was a great deal of 1310 01:15:55.479 --> 01:15:58.680 controversy and raw involved in that in from for a 1311 01:15:58.760 --> 01:16:02.960 variety of reasons. From an officer's perspective, I mean, the 1312 01:16:03.079 --> 01:16:07.520 national media eventually put out those takeovers with the armed 1313 01:16:07.920 --> 01:16:11.439 gang members. That was kind of spoke for itself. We 1314 01:16:11.560 --> 01:16:14.880 had the biggest champion that brought that to the national 1315 01:16:14.920 --> 01:16:19.880 forefront was the city councilwoman Daniel Jerinsky, and she actually 1316 01:16:19.960 --> 01:16:22.640 came to the aid of one of the victims there 1317 01:16:22.960 --> 01:16:25.239 and helped her get relocated. 1318 01:16:24.760 --> 01:16:26.760 And was ostracized, if I recall, Yes. 1319 01:16:26.880 --> 01:16:31.680 Yes, very much so demonized. Yeah, well for obvious reasons. 1320 01:16:31.720 --> 01:16:33.720 I mean, first, the governor came out and said basically 1321 01:16:33.720 --> 01:16:35.600 it was a nothing burger, and then of course that 1322 01:16:35.680 --> 01:16:38.279 was supported by the mayor. The last thing they wanted 1323 01:16:38.319 --> 01:16:43.560 to do, especially in the hypercharged environment of immigration and 1324 01:16:43.600 --> 01:16:46.640 everything that that entails. The last thing they want to 1325 01:16:46.640 --> 01:16:51.079 do is bring any adverse publicity to the City of Aurora, 1326 01:16:51.520 --> 01:16:54.199 not the least of which was the potential economic damage 1327 01:16:54.239 --> 01:16:59.800 that was happening. Councilwoman Jerinsky was a big champion of 1328 01:16:59.840 --> 01:17:02.760 the had always been since I was when I was there, 1329 01:17:02.800 --> 01:17:05.359 since she took office, was a big champion of the 1330 01:17:05.359 --> 01:17:09.159 police department. So you know, there was a lot of controversy, 1331 01:17:09.239 --> 01:17:12.399 especially on the city council between the left and the right, 1332 01:17:12.960 --> 01:17:15.000 and since she led the charge and all the other 1333 01:17:15.039 --> 01:17:18.439 issues that I just mentioned, Yes, there was a lot 1334 01:17:18.439 --> 01:17:21.239 of blowback right, and a lot of blame placed on 1335 01:17:21.279 --> 01:17:24.239 the slumlords. As most people are who are aware of 1336 01:17:24.239 --> 01:17:25.399 the situation. 1337 01:17:25.560 --> 01:17:29.800 You know, was that Governor Polis or was that the That. 1338 01:17:29.960 --> 01:17:33.439 Was Mayor Kaufman who went in the news at the 1339 01:17:33.439 --> 01:17:37.199 beginning of this controversy, and in my view, he minimized 1340 01:17:37.239 --> 01:17:39.960 the entire situation and he said, yeah, you know, there 1341 01:17:39.960 --> 01:17:42.600 may be some problems, but it's uh and I'm paraphrasing, 1342 01:17:42.680 --> 01:17:45.640 it's entirely the fault of and this is a direct 1343 01:17:45.720 --> 01:17:48.079 quote out of state slum lords. 1344 01:17:48.880 --> 01:17:50.560 You know, I'll tell you what I mean. 1345 01:17:50.479 --> 01:17:55.319 Elevating first of all, saying they're false and then to 1346 01:17:55.359 --> 01:17:59.119 the extent that they're caught, you know, then they're elevating 1347 01:17:59.199 --> 01:18:07.079 the rights of the illegals, dismissing the harm to the citizens. 1348 01:18:07.319 --> 01:18:10.640 And you know, and I think people have had enough. 1349 01:18:11.479 --> 01:18:12.720 I think people have had enough. 1350 01:18:12.920 --> 01:18:14.720 What do you say, Gary, I would agree. 1351 01:18:14.840 --> 01:18:19.079 And then there's obviously people that would be obviously considered 1352 01:18:19.119 --> 01:18:23.159 innocent within the venezuel And community that obviously are swept 1353 01:18:23.239 --> 01:18:27.239 up in this whole issue. But there's been instances where 1354 01:18:27.279 --> 01:18:32.079 you've had parking lots, huge parking lots taken over by 1355 01:18:32.199 --> 01:18:34.840 Venezuela and some of them were infiltrated by gang members. 1356 01:18:36.079 --> 01:18:38.960 There has been reports in certain of those instances where 1357 01:18:39.359 --> 01:18:44.000 arguably there were shots fired. And then of course you 1358 01:18:44.079 --> 01:18:47.560 have all kinds of problems with traffic congestion and speeders 1359 01:18:47.640 --> 01:18:50.520 and racers on the highway and so forth. 1360 01:18:50.560 --> 01:18:52.560 To certain degrees they're involved. 1361 01:18:52.880 --> 01:18:55.479 You know, I don't think that rises to the level 1362 01:18:55.720 --> 01:18:59.880 of m sixteens in the hallways of apartment complexes. 1363 01:19:00.640 --> 01:19:02.239 Yes, I would totally agree with that. 1364 01:19:02.680 --> 01:19:05.279 And like I said, that's a problem where they're trying 1365 01:19:05.279 --> 01:19:07.000 to lay low and sweep it under the rud for 1366 01:19:07.000 --> 01:19:08.920 political purposes, as I mentioned before. 1367 01:19:09.239 --> 01:19:11.199 But the officers have obviously. 1368 01:19:10.800 --> 01:19:14.199 Came into contact and had to engage these people, these 1369 01:19:14.239 --> 01:19:17.560 gang members, if you will, under a variety of circumstances, 1370 01:19:17.880 --> 01:19:21.840 and they're villainized, they're villainized, and law enforcements villainized. Yes, 1371 01:19:21.960 --> 01:19:24.359 obviously the chief has to take a stand, and obviously 1372 01:19:24.399 --> 01:19:26.920 it's going to be with regard to this, you know, 1373 01:19:27.000 --> 01:19:28.920 the narrative that's out there. 1374 01:19:29.079 --> 01:19:33.159 And to your understanding, what do you think the narrative 1375 01:19:33.439 --> 01:19:34.079 was of. 1376 01:19:34.840 --> 01:19:37.680 Governor Polis, Well, the same thing. 1377 01:19:37.800 --> 01:19:40.920 I mean, obviously, you had the President Trump coming into 1378 01:19:41.000 --> 01:19:43.680 office and his main objective, at one of his main 1379 01:19:43.720 --> 01:19:47.800 objectives that he was that he was voted for, voted 1380 01:19:47.840 --> 01:19:49.640 in office, was the deal with the border and deal 1381 01:19:49.680 --> 01:19:52.840 with immigration issues. And he'd already talked about that on 1382 01:19:52.880 --> 01:19:56.159 a campaign trail, about what was going on in Ohio 1383 01:19:56.439 --> 01:19:58.359 and what was going on in Aurora. For all the 1384 01:19:58.399 --> 01:20:01.840 information that we're talking about that he had received and 1385 01:20:01.880 --> 01:20:03.039 that became a priority. 1386 01:20:03.479 --> 01:20:06.720 And how did Governor Polus help the fake news? 1387 01:20:08.079 --> 01:20:11.399 Well, obviously, to my knowledge, the governor wasn't you know, 1388 01:20:11.800 --> 01:20:14.840 quick to go ahead and support the agenda of the president, 1389 01:20:15.520 --> 01:20:17.520 you know, especially since it was brought for the reasons 1390 01:20:17.520 --> 01:20:21.399 we've already spoke at by Councilwoman Jerinsky. That brought it 1391 01:20:21.439 --> 01:20:23.239 to the forefront, and then it was picked up by 1392 01:20:23.279 --> 01:20:28.079 the Trump administration early on in the in the campaign trail, 1393 01:20:28.800 --> 01:20:33.079 so you could see the political component of that, especially 1394 01:20:33.159 --> 01:20:36.119 leading up to the election, and then locally from the 1395 01:20:36.159 --> 01:20:41.039 mayor's standpoint, you know, dragging the city proverbly through the mud. 1396 01:20:41.760 --> 01:20:43.840 And so there was a lot of controversy all the 1397 01:20:43.880 --> 01:20:46.560 way from the Trump administration of Trump campaign all the 1398 01:20:46.600 --> 01:20:49.039 way down to city council, right. 1399 01:20:49.079 --> 01:20:54.479 And so the Colorado gubernatorial election in twenty twenty six 1400 01:20:54.560 --> 01:21:00.159 will find out whether the citizens of Colorado, you know, 1401 01:21:00.159 --> 01:21:03.119 we're going to hold some you know, the governor responsible, 1402 01:21:03.399 --> 01:21:07.079 you know, increase some accountability. What do you think, demetrim Now, 1403 01:21:07.119 --> 01:21:08.239 I wouldn't count on it. 1404 01:21:08.319 --> 01:21:11.840 And you know, throughout this whole controversy, as the police 1405 01:21:12.039 --> 01:21:16.600 were painted unfairly painted and smeared as racists because they're 1406 01:21:16.640 --> 01:21:20.279 going after the Hispanic gangsters, and the councilwoman over there 1407 01:21:20.439 --> 01:21:23.800 was was smeared the same way. Everybody seemed to have 1408 01:21:23.920 --> 01:21:27.239 ignored the fact that the chief, you know, the chief 1409 01:21:27.359 --> 01:21:31.319 victims of the TDA were an incredibly vulnerable part of 1410 01:21:31.359 --> 01:21:34.279 the population. Which is the rest of the illegal aliens 1411 01:21:34.560 --> 01:21:37.479 who were living in these apartments and other apartments, and 1412 01:21:37.560 --> 01:21:41.920 the TDA was collecting rent from these very vulnerable people 1413 01:21:41.960 --> 01:21:44.279 ages who can't go to the police. 1414 01:21:43.840 --> 01:21:46.239 For help, right for fear of being deported. 1415 01:21:46.800 --> 01:21:49.960 And so this is so how can this how can 1416 01:21:50.000 --> 01:21:52.720 they make this into a racial issue. I mean, yes, 1417 01:21:52.760 --> 01:21:55.439 it's true people like us, they are victimized, but man, 1418 01:21:55.479 --> 01:22:00.600 they really prayed inexcusably prayed on an extremely vulnerable part. 1419 01:22:00.479 --> 01:22:04.319 Of the population. So it was it was and still is. Man, 1420 01:22:04.520 --> 01:22:05.319 just disgusting. 1421 01:22:05.600 --> 01:22:09.159 Just uh, it's uh, it's sad, it's disgusting, it's infuriating, 1422 01:22:09.439 --> 01:22:12.119 and unfortunately these people will never be held to account. 1423 01:22:12.159 --> 01:22:14.479 I mean, Paulus is going to go on to like 1424 01:22:14.560 --> 01:22:16.960 probably senate seat. I mean this is face that this 1425 01:22:17.000 --> 01:22:19.920 is a deep blue state, right, So uh, he's gonna 1426 01:22:19.920 --> 01:22:22.479 go to to to to Senate and then uh, I 1427 01:22:22.520 --> 01:22:24.119 don't know what Kaufman is going to do next, but 1428 01:22:24.239 --> 01:22:26.159 he can't seem to to find any way to earn 1429 01:22:26.199 --> 01:22:28.000 a living other than from you know. 1430 01:22:28.000 --> 01:22:30.319 Public office. And that's that's it. 1431 01:22:30.439 --> 01:22:31.760 I think we just got to kind of live with 1432 01:22:31.800 --> 01:22:33.880 it and hopefull though the federal government will consene here 1433 01:22:33.920 --> 01:22:34.520 to clean up. 1434 01:22:34.920 --> 01:22:37.279 And and by the way, in the Attorney General, what 1435 01:22:37.359 --> 01:22:37.800 did he do? 1436 01:22:37.880 --> 01:22:41.079 Has he lifted a finger to to address the criminal 1437 01:22:41.079 --> 01:22:42.800 invaders that we've been dealing with. 1438 01:22:42.920 --> 01:22:45.600 Phil Weisser. Yeah, so he's gonna be our next governor, 1439 01:22:45.600 --> 01:22:46.319 I guarantee you that. 1440 01:22:46.760 --> 01:22:50.479 Well, then then you've got the controversy which is nationwide, 1441 01:22:50.520 --> 01:22:55.640 which is sanctuary cities in particular. But law enforcement, as 1442 01:22:55.680 --> 01:22:58.439 far as chiefs of police in certain sheriffs throughout the 1443 01:22:58.479 --> 01:23:01.000 country have already stayed of the fact that they're not 1444 01:23:01.199 --> 01:23:06.479 going to cooperate with ICE. And as Tom Holman has said, 1445 01:23:06.680 --> 01:23:09.640 you know, it would be ideal before these gang members 1446 01:23:09.920 --> 01:23:13.159 who have been criminally charged if they could engage them 1447 01:23:13.279 --> 01:23:16.399 and only send one or two ICE agents to the facility, 1448 01:23:16.479 --> 01:23:17.640 the detention facility. 1449 01:23:18.079 --> 01:23:20.279 It would save the situation. 1450 01:23:19.840 --> 01:23:22.239 Where you got to send a mass almost you know, 1451 01:23:22.600 --> 01:23:26.680 a squadron, you know, or a platoon of ICE off 1452 01:23:26.760 --> 01:23:30.399 agents that put the ICE agents in jeopardy. And they 1453 01:23:30.439 --> 01:23:32.640 also and they also put the public in jeopardy when 1454 01:23:32.640 --> 01:23:35.479 they're trying to apprehend them like we saw I believe 1455 01:23:35.479 --> 01:23:37.520 it was in Colorado Springs or here recently. 1456 01:23:37.640 --> 01:23:38.960 And we're going to talk about that. 1457 01:23:39.159 --> 01:23:42.079 When we come back from the break, three or three 1458 01:23:42.279 --> 01:23:49.840 Martino call us with questions or comments on this controversial issue. 1459 01:23:49.880 --> 01:23:53.039 My name is Marco Bendinelli from the Bendinelli Law Firm, 1460 01:23:53.119 --> 01:23:55.119 Colorado's best choice. 1461 01:23:55.319 --> 01:23:57.680 For the injured, and we'll be right back after this. 1462 01:24:03.560 --> 01:24:06.840 Go with a sure thing Denver's best roofer Excel Roofing 1463 01:24:06.920 --> 01:24:07.520 dot com. 1464 01:24:07.560 --> 01:24:09.600 You don't pay a cent until you're content. 1465 01:24:12.960 --> 01:24:16.520 Time for an insurance checkup free no obligation comparison call 1466 01:24:16.600 --> 01:24:19.920 Compass Insurance paying too much your coverage at dozens of 1467 01:24:19.960 --> 01:24:22.680 insurance companies find out now three O three seven to 1468 01:24:22.680 --> 01:24:23.159 seven to one. 1469 01:24:23.279 --> 01:24:23.520 Help. 1470 01:24:23.680 --> 01:24:26.319 You'll think you're his only customer when you choose Frank 1471 01:24:26.399 --> 01:24:28.840 durand the real estate Man dot com to list your 1472 01:24:28.880 --> 01:24:32.000 home with Remax Alliance three oh three nine two zero 1473 01:24:32.159 --> 01:24:38.439 sixteen twenty two. 1474 01:24:39.399 --> 01:24:40.199 We are backed. 1475 01:24:40.600 --> 01:24:45.159 You are back with Marco Bendinelli Bendinelli Law Firm, Denver, Colorado, 1476 01:24:45.880 --> 01:24:50.439 Colorado's best choice for the injured. We can be reached 1477 01:24:50.439 --> 01:24:54.479 at one eight hundred Attorney one eight hundred Attorney or 1478 01:24:54.640 --> 01:25:00.760 online at COEO Law Firm dot com. Uh. Anyway, I 1479 01:25:00.800 --> 01:25:04.159 am filling in for Tom Martino and Mark Major. 1480 01:25:04.960 --> 01:25:05.439 We have. 1481 01:25:07.439 --> 01:25:11.119 Really a great guest with us right now, Jerry Millsbaw, 1482 01:25:11.800 --> 01:25:16.600 a retired Aurora police officer. We just had a spirited 1483 01:25:17.359 --> 01:25:21.560 discussion regarding things that have gone on in Aurora. 1484 01:25:21.359 --> 01:25:25.159 And whether that was fabricated or real. 1485 01:25:25.800 --> 01:25:30.199 Uh. You know, I think that the Colorado residents know 1486 01:25:30.439 --> 01:25:30.960 what's real. 1487 01:25:31.439 --> 01:25:31.960 But in the. 1488 01:25:32.000 --> 01:25:35.279 National media, uh, you know, all of that was tagged 1489 01:25:35.319 --> 01:25:40.439 as you know, false claims. And but anyway, so Gary 1490 01:25:40.520 --> 01:25:44.439 had had some things to say about that. We have 1491 01:25:44.560 --> 01:25:47.600 some lines open, So give us a call three three 1492 01:25:47.840 --> 01:25:53.760 seven one three talk seven one three eight two five five. 1493 01:25:53.880 --> 01:25:58.479 Or three oh three Martino and uh. 1494 01:25:58.439 --> 01:26:03.279 We got Deputy Deputy Bow here who has some updates 1495 01:26:03.319 --> 01:26:09.000 on some previous callers and previous circumstances that have been investigated. 1496 01:26:09.520 --> 01:26:12.199 And Bo, why don't you jump in and tell us 1497 01:26:12.199 --> 01:26:12.800 what's going on. 1498 01:26:12.960 --> 01:26:15.279 First, I'd like to tell the listeners that I've worked 1499 01:26:15.319 --> 01:26:21.840 since I've been here over forty cases, and with the 1500 01:26:21.920 --> 01:26:24.680 limits of time, I can't go into all of them. 1501 01:26:24.760 --> 01:26:27.800 But if any of the listeners would like to call 1502 01:26:27.840 --> 01:26:30.600 in or send us an email about an update on 1503 01:26:30.680 --> 01:26:37.159 a case, we have five great deputies here that do 1504 01:26:37.319 --> 01:26:41.279 the Martino Show a great service. We all donate our time. 1505 01:26:42.479 --> 01:26:45.840 We have a five deputies. One that's an expert in 1506 01:26:45.920 --> 01:26:51.159 medical and one that's an expert in accounting and law enforcement. 1507 01:26:52.039 --> 01:26:55.479 I'm a specialist in contracting, and then we have someone 1508 01:26:55.600 --> 01:26:57.520 Dmitri's good at business issues. 1509 01:26:57.920 --> 01:27:00.760 So I think it's good for the listeners to use. 1510 01:27:00.880 --> 01:27:04.880 This is a great resource free. 1511 01:27:05.119 --> 01:27:09.960 I mean, were happy to dig in and investigate any cases, 1512 01:27:10.720 --> 01:27:14.479 any issues you might have, and our deputies have a 1513 01:27:14.640 --> 01:27:18.520 very good success rate at getting to a resolution and 1514 01:27:18.560 --> 01:27:21.000 more importantly trying to get to the other side of 1515 01:27:21.039 --> 01:27:24.039 the story. So, like I said, I've worked on thirty 1516 01:27:24.079 --> 01:27:27.199 forty cases and if anyone would like to call in, 1517 01:27:28.239 --> 01:27:31.479 I would be happy to talk about an individual case. 1518 01:27:31.600 --> 01:27:35.760 I did bring my file in. I was working with 1519 01:27:37.119 --> 01:27:43.119 Peggy Back. She called in on March fourteenth, ten o'clock hour. 1520 01:27:43.520 --> 01:27:46.239 This one was very interesting. She was getting a raw 1521 01:27:46.479 --> 01:27:53.399 sewage smell in her apartment and the property management company 1522 01:27:53.560 --> 01:27:56.359 absolutely would not do anything about it. 1523 01:27:57.039 --> 01:27:58.199 And what was sad about it? 1524 01:27:58.960 --> 01:28:01.119 As what did we do about it? Both? What did 1525 01:28:01.159 --> 01:28:02.000 we do about it? 1526 01:28:02.119 --> 01:28:04.159 Well, I can tell you what we did about it. 1527 01:28:04.199 --> 01:28:07.000 I went over there and investigated it, tried to call 1528 01:28:07.039 --> 01:28:09.720 the management company first. You know, you always want to 1529 01:28:09.760 --> 01:28:11.439 get the other side of the story, and went over 1530 01:28:11.479 --> 01:28:16.159 there and verified she had a sewer type gasw coming 1531 01:28:16.159 --> 01:28:19.319 through a ventilation system. And what was said about is 1532 01:28:20.039 --> 01:28:24.359 Peggy was have stage four cancer, she was on chemo, 1533 01:28:24.520 --> 01:28:26.640 and this lady couldn't even get off the couch to 1534 01:28:26.720 --> 01:28:30.760 show me around. So basically I called the State of 1535 01:28:30.760 --> 01:28:35.239 Colorado Health Department and they got involved and we put 1536 01:28:35.239 --> 01:28:37.920 in with the asset of the show. We put heat 1537 01:28:38.000 --> 01:28:40.960 on the Tameron Apartment complex. 1538 01:28:41.520 --> 01:28:45.119 So what I want to call hers listeners to know 1539 01:28:45.479 --> 01:28:50.159 is that this is not fluff when you call with 1540 01:28:50.199 --> 01:28:55.680 your problems, your complaints from these people irresponsible, the people 1541 01:28:55.680 --> 01:29:00.520 that are ripping you off the scale, artist, the uh 1542 01:29:00.800 --> 01:29:03.199 in this case, you know, terrible landlords. 1543 01:29:03.520 --> 01:29:06.720 You know this is not just for show, you know. 1544 01:29:07.000 --> 01:29:10.520 Uh, You've got actual people following up on on on 1545 01:29:10.560 --> 01:29:11.680 your issues. 1546 01:29:11.439 --> 01:29:14.760 And it's live. We're doing We're doing it live. I 1547 01:29:14.760 --> 01:29:17.279 mean we're going out. We're not like setting on these 1548 01:29:17.359 --> 01:29:20.079 cases for a couple of weeks. We'll get an issue 1549 01:29:20.199 --> 01:29:23.079 and normally we start making calls during the top of 1550 01:29:23.119 --> 01:29:23.680 the hour. 1551 01:29:23.640 --> 01:29:27.239 Break and yeah, so don't hesitate the call three o 1552 01:29:27.439 --> 01:29:31.439 three Martino, Uh, give us your real problems and we 1553 01:29:31.520 --> 01:29:36.079 will give you real solutions. Uh. We have a special 1554 01:29:36.079 --> 01:29:39.560 guest with us, Gary millsbaw a retired a or a 1555 01:29:39.560 --> 01:29:45.359 police uh police officer, and so we we welcome your 1556 01:29:45.399 --> 01:29:48.319 calls for Gary uh to find out how you get 1557 01:29:48.319 --> 01:29:53.319 out of a speeding ticket? UH. Ask them anything, be controversial, 1558 01:29:53.439 --> 01:29:58.640 have a little fun. That's Monday, wake up anyway, Uh 1559 01:29:58.720 --> 01:30:02.399 three oh three, Martine, you know, give us a call again. 1560 01:30:02.680 --> 01:30:03.119 UH. 1561 01:30:03.199 --> 01:30:06.600 My name is Marco Bendinelli and I really am honored 1562 01:30:07.319 --> 01:30:10.840 to be here and to be invited to host the 1563 01:30:10.880 --> 01:30:15.399 show for Tom and Mark while they're not here. It's 1564 01:30:15.479 --> 01:30:18.199 really a privilege. We have to take a short break 1565 01:30:18.840 --> 01:30:20.640 and we'll be right back. 1566 01:30:26.319 --> 01:30:29.600 Go with a sure thing Denver's best roofer Excel Roofing 1567 01:30:29.680 --> 01:30:30.279 dot com. 1568 01:30:30.319 --> 01:30:32.319 You don't pay a cent until you're content. 1569 01:30:35.720 --> 01:30:38.880 Time for an insurance check up free no obligation comparison 1570 01:30:39.039 --> 01:30:42.600 call Compass Insurance paying too much your coverage at dozens 1571 01:30:42.600 --> 01:30:45.319 of insurance companies find out now three O three, seven 1572 01:30:45.359 --> 01:30:47.680 to seven to one help. You'll think you're his only 1573 01:30:47.800 --> 01:30:50.239 customer when you choose Frank durand the Real estate Man 1574 01:30:50.319 --> 01:30:53.760 dot com to list your home with Remax Alliance three 1575 01:30:53.920 --> 01:30:59.319 three nine two zero, sixteen twenty two. 1576 01:31:03.239 --> 01:31:07.279 You are listening to six thirty Talk Radio six thirty 1577 01:31:07.399 --> 01:31:11.560 K Howe khow to the Troubleshooter Show. 1578 01:31:12.119 --> 01:31:13.800 My name is Marco Bendinelli. 1579 01:31:14.479 --> 01:31:18.279 Am honored to be filling in for Mark Major and 1580 01:31:18.560 --> 01:31:20.560 Tom Martino, both who. 1581 01:31:22.079 --> 01:31:24.840 Are not in town today. 1582 01:31:25.000 --> 01:31:27.279 And we can talk a little bit about a little 1583 01:31:27.319 --> 01:31:30.399 more about that. My name again is Marco Bendanelli. I'm 1584 01:31:30.439 --> 01:31:35.119 a local practicing attorney from the Bendanelli Law Firm. 1585 01:31:35.760 --> 01:31:37.960 We've been in business in. 1586 01:31:37.760 --> 01:31:42.279 Denver since nineteen ninety seven and as I like to say, 1587 01:31:42.640 --> 01:31:46.720 we are the best choice for the injured we represent. 1588 01:31:46.960 --> 01:31:49.479 We're a personal injury law firm. If you have any 1589 01:31:49.560 --> 01:31:53.319 questions today about personal injury or any other legal questions, 1590 01:31:53.399 --> 01:31:57.239 you give us a call, you know, and as normal 1591 01:31:58.239 --> 01:32:03.159 or as usual, we answer questions and listen to complaints 1592 01:32:03.319 --> 01:32:08.039 and solve problems for consumer. Tom Martino has been a 1593 01:32:08.119 --> 01:32:13.359 consumer advocate, the People's Champion for forty five years, amazing 1594 01:32:13.960 --> 01:32:16.840 longest syndicated radio show in the country. 1595 01:32:17.680 --> 01:32:22.079 And uh before the break, we were getting. 1596 01:32:21.840 --> 01:32:25.079 A little update on some of the past calls and 1597 01:32:25.119 --> 01:32:29.159 some of the past problems that have been reported and 1598 01:32:29.920 --> 01:32:30.760 deputy be Bo. 1599 01:32:32.720 --> 01:32:34.720 Bo and I can talk sometimes. 1600 01:32:34.960 --> 01:32:37.680 You know. It's it's really a good skill for while 1601 01:32:37.680 --> 01:32:40.520 you're on the radio, you know, for a. 1602 01:32:40.439 --> 01:32:42.800 Trial lawyer, it's not that important, but not that you're here. 1603 01:32:43.640 --> 01:32:46.319 Yeah, I'll take the marbles out of my mouth while 1604 01:32:46.760 --> 01:32:47.279 we get. 1605 01:32:47.159 --> 01:32:51.079 An update from W to b wy Bow there it is. Again, 1606 01:32:51.239 --> 01:32:54.880 Bo is a lot easier to say than Dmitri. But 1607 01:32:55.520 --> 01:32:57.920 I just want to finish up with this Peggy with 1608 01:32:57.960 --> 01:32:58.680 the sewer smell. 1609 01:32:58.880 --> 01:33:01.680 I just want to emphasized what the power of the 1610 01:33:02.279 --> 01:33:07.880 Tom Martino Troubleshooter Show has because of our involvement in bugging, 1611 01:33:08.119 --> 01:33:13.680 in harassing, and not harassing, just communicating with the management company. 1612 01:33:14.199 --> 01:33:18.239 Uh, they were able to because of the involvement of us. 1613 01:33:18.319 --> 01:33:20.520 I just got to stress that because this lady would 1614 01:33:20.560 --> 01:33:25.319 still be there suffering, the management company canceled her lease. 1615 01:33:26.199 --> 01:33:31.199 They found her a brand new apartment building in her system, 1616 01:33:31.439 --> 01:33:32.640 in their system. 1617 01:33:32.640 --> 01:33:36.000 And they paid for her to move out. 1618 01:33:36.520 --> 01:33:40.239 Now, I never could figure out where the smell was 1619 01:33:40.239 --> 01:33:42.800 coming from in the State of Colorado Health Department didn't 1620 01:33:42.800 --> 01:33:44.520 reveal it to me. But I just think that was 1621 01:33:44.560 --> 01:33:47.680 a great story that we were because of the involvement 1622 01:33:47.680 --> 01:33:50.920 of the show. They paid for a moving and expenses 1623 01:33:51.600 --> 01:33:54.079 and canceled her lease. So she's in a nice place. 1624 01:33:54.479 --> 01:33:57.800 Peggy's in a nice, good place now with no odors. 1625 01:33:58.159 --> 01:34:01.359 So with that, I'd like to turn it back over 1626 01:34:01.399 --> 01:34:05.079 to our Lieutenant Gary Meal spot with the Aurora Police 1627 01:34:05.119 --> 01:34:10.720 Department for some questions for him, and we're honored to 1628 01:34:10.720 --> 01:34:11.479 have him in here. 1629 01:34:12.039 --> 01:34:14.359 Do you have any questions for him? 1630 01:34:14.399 --> 01:34:16.600 Both, yes, I. 1631 01:34:16.680 --> 01:34:18.039 Actually uh do. 1632 01:34:18.199 --> 01:34:21.680 I'd like to find out about when you get I've 1633 01:34:21.720 --> 01:34:26.359 always heard when you get pulled over that basically and 1634 01:34:26.439 --> 01:34:30.199 I've never done this, but basically under the constitution or 1635 01:34:30.199 --> 01:34:32.560 our rules of government that you you don't have to 1636 01:34:32.920 --> 01:34:34.319 talk to a police officer. 1637 01:34:35.439 --> 01:34:38.960 David, I'm thinking, do you even have to legally show them? 1638 01:34:39.000 --> 01:34:40.000 The idea? 1639 01:34:40.520 --> 01:34:43.600 If you get pulled over, you are obligated. Driving is 1640 01:34:43.640 --> 01:34:46.399 not a right, it's a privilege, and you have you 1641 01:34:46.479 --> 01:34:49.439 have an obligation under the Motor Traffic Motor Vehicle Traffic 1642 01:34:49.479 --> 01:34:55.000 Code and the Revised Traffic Statutes to provide your driver's license, 1643 01:34:55.119 --> 01:35:00.439 registration and proof of insurance. You don't necessarily you have to. 1644 01:35:00.520 --> 01:35:03.680 You can exercise your First Amendment rights. You don't necessarily 1645 01:35:03.720 --> 01:35:07.199 have to answer any other questions. You're not compelled to 1646 01:35:07.239 --> 01:35:12.439 do that, but you have to provide that documentation otherwise 1647 01:35:12.479 --> 01:35:16.039 you can be sighted. And depends on the nature of 1648 01:35:16.079 --> 01:35:20.960 the charge. There's charges like traffic infractions where there's no 1649 01:35:21.039 --> 01:35:26.039 jail time involved, and then there are offenses where higher 1650 01:35:26.079 --> 01:35:29.479 misdemeanor traffic offenses where in fact you could possibly potentially 1651 01:35:29.520 --> 01:35:30.079 be jailed. 1652 01:35:30.760 --> 01:35:33.520 So and you know, and we should mention, you know, 1653 01:35:34.439 --> 01:35:38.239 refusing to talk to a police officer is not a 1654 01:35:38.319 --> 01:35:39.760 recommended course of action. 1655 01:35:39.960 --> 01:35:40.640 Yeah, that's true. 1656 01:35:41.039 --> 01:35:44.880 I mean, you know it's it's it's not a recommended 1657 01:35:44.960 --> 01:35:48.119 course of action. I mean the basics are, you keep 1658 01:35:48.159 --> 01:35:50.439 your hands where you can see them. If it's night time, 1659 01:35:50.960 --> 01:35:54.159 you turn your dome light on, don't be reaching into 1660 01:35:54.199 --> 01:35:56.920 the glove box or under your seat, or it'd be 1661 01:35:57.000 --> 01:35:59.039 ideal if you could put your you know, they have 1662 01:35:59.119 --> 01:36:01.800 these visor clips where you can put your proof of 1663 01:36:01.840 --> 01:36:07.279 insurance and your registration right there and have those documents 1664 01:36:07.279 --> 01:36:09.840 accessible and have your hands clearly on the wheel, turn 1665 01:36:09.880 --> 01:36:12.079 your dome light on, right and be. 1666 01:36:12.079 --> 01:36:16.920 Respectful to really appreciate being able to see your hands 1667 01:36:17.600 --> 01:36:19.840 the key as they're approaching your vehicle. 1668 01:36:19.920 --> 01:36:20.600 That's the key. 1669 01:36:20.760 --> 01:36:24.960 And like the lieutenant said, uh, probably on the steering 1670 01:36:25.000 --> 01:36:26.000 wheel is the best place. 1671 01:36:26.039 --> 01:36:26.760 That's the best place. 1672 01:36:26.800 --> 01:36:28.880 You don't be reaching in the center console, you don't 1673 01:36:28.880 --> 01:36:30.640 go in the glovebox, you don't go to your seat. 1674 01:36:31.000 --> 01:36:33.960 That's called furtive movements, you know, and that's going to 1675 01:36:34.119 --> 01:36:37.039 peak the suspicion of the officer, obviously from an officer 1676 01:36:37.079 --> 01:36:38.680 safety perspective. 1677 01:36:38.840 --> 01:36:41.920 I have a question for you. Have you ever worked 1678 01:36:41.920 --> 01:36:45.039 in traffic. Yes, I was a supervisor of traffic at 1679 01:36:45.039 --> 01:36:45.479 one point. 1680 01:36:45.560 --> 01:36:49.479 Okay, so you know the police officers that sit on 1681 01:36:49.560 --> 01:36:51.920 the side of the road with the gun, the radar gun, right, 1682 01:36:52.840 --> 01:36:56.079 you know, and it could be laser. What is it 1683 01:36:56.119 --> 01:37:00.159 could be laser? Could be laser. But my question is 1684 01:37:00.199 --> 01:37:06.960 I've always heard that you if you go nine over okay, 1685 01:37:07.119 --> 01:37:10.760 now nine miles an hour over the speed limit, and 1686 01:37:10.760 --> 01:37:13.600 maybe thats just applies to the highway. I don't know, Like, 1687 01:37:13.680 --> 01:37:16.000 if you know the speed limit is fifty five, if 1688 01:37:16.039 --> 01:37:18.239 you go sixty four, you. 1689 01:37:18.239 --> 01:37:19.119 Won't get pulled over. 1690 01:37:19.520 --> 01:37:23.239 Well, that's pretty much the discretion of each police department, 1691 01:37:23.840 --> 01:37:27.760 and especially when it comes to the traffic unit. 1692 01:37:28.000 --> 01:37:31.640 I want you to give our listeners some inside information. 1693 01:37:32.039 --> 01:37:36.439 Well, I definitely wouldn't go definitely if I'm I wouldn't 1694 01:37:36.479 --> 01:37:38.279 go over ten miles over the speed limit on the 1695 01:37:38.319 --> 01:37:41.399 highway and obviously the city. I mean when you're talking 1696 01:37:41.399 --> 01:37:43.920 to the city limits, when you're five to nine miles over, 1697 01:37:44.000 --> 01:37:46.560 then you're looking at getting pulled over. But once again, 1698 01:37:46.600 --> 01:37:49.319 when I'm talking about you got to understand the traffic 1699 01:37:49.399 --> 01:37:52.239 units in these respective police departments. Should they have one. 1700 01:37:52.640 --> 01:37:57.000 Their whole measure of performance is traffic tickets. I say, 1701 01:37:57.399 --> 01:37:58.000 that's how they. 1702 01:37:57.920 --> 01:37:59.680 Get measured by. I won't. 1703 01:37:59.840 --> 01:38:02.359 I won't be so bold as to say there is 1704 01:38:02.399 --> 01:38:06.880 a quota per se, but it's very dependent on your 1705 01:38:07.319 --> 01:38:10.000 evaluations and so forth, if you're in traffic and you're 1706 01:38:10.000 --> 01:38:14.920 doing speed enforcement in particular, or maybe they have a 1707 01:38:15.000 --> 01:38:19.079 different campaign going on, like right now, the big campaign 1708 01:38:19.399 --> 01:38:24.359 is expired plates. They they looked aside for the longest 1709 01:38:24.359 --> 01:38:27.159 time because they had bigger fish to fry, and then 1710 01:38:27.560 --> 01:38:30.439 because of the human cry of the public, because there 1711 01:38:30.520 --> 01:38:33.800 was such an extensive amount of people that were driving 1712 01:38:33.840 --> 01:38:38.279 around and with expired plates or misused plates or what 1713 01:38:38.439 --> 01:38:42.239 have you, then they have certain campaigns just like click 1714 01:38:42.279 --> 01:38:43.760 it or ticket with your seatbelt. 1715 01:38:44.920 --> 01:38:49.000 So yeah, frankly, I'm from Pennsylvania, and you could not 1716 01:38:49.479 --> 01:38:54.479 drive a vehicle that you had an expired sticker. 1717 01:38:54.960 --> 01:38:55.840 Or when I. 1718 01:38:56.039 --> 01:38:59.279 Got the Colorado albeit it was, you know, nineteen ninety seven, 1719 01:38:59.399 --> 01:39:03.880 long time ago, but I was shocked that people ride 1720 01:39:03.920 --> 01:39:10.840 around Colorado, Denver in particular, with expired place no plates, 1721 01:39:11.520 --> 01:39:17.479 every day license plates and and there was like no consequences. 1722 01:39:17.479 --> 01:39:20.239 It blew my mind. That was it was not like 1723 01:39:20.279 --> 01:39:21.479 that in Pennsylvania. 1724 01:39:21.760 --> 01:39:23.640 Well, it just comes with the times. 1725 01:39:23.760 --> 01:39:27.520 I mean, there's certain times where traffic enforcement unless you're 1726 01:39:27.520 --> 01:39:30.720 in a traffic unit as I've mentioned, per se, but 1727 01:39:30.800 --> 01:39:34.439 if you're you're a patrol officer, oftentimes you've got your 1728 01:39:34.479 --> 01:39:37.399 going call to call to call, and you make a 1729 01:39:37.439 --> 01:39:39.960 traffic contact, you know, then what's going to happen. You're 1730 01:39:40.000 --> 01:39:42.279 going to be tied up quite a bit. And it 1731 01:39:42.319 --> 01:39:45.039 depends on, like I said, the nature of the traffic 1732 01:39:45.159 --> 01:39:49.119 stop itself. And oftentimes, like I said, if you're really 1733 01:39:49.159 --> 01:39:51.680 busy in the peak hours of the shift and you're 1734 01:39:51.800 --> 01:39:55.800 an actual traffic officer on routine patrol, you're usually hammered. 1735 01:39:55.840 --> 01:39:57.520 I know on Aurora, I mean we had so many 1736 01:39:57.520 --> 01:40:01.319 calls pending. Uh, it was beyond on the beyond belief. 1737 01:40:01.600 --> 01:40:05.920 You mean calls that would pull the traffic officers off 1738 01:40:05.960 --> 01:40:06.880 of traffic duty. 1739 01:40:06.960 --> 01:40:09.920 No, not the traffic officers, Okay, the traffic offeroint time. 1740 01:40:09.920 --> 01:40:12.159 The traffic officer would come off duty if it was like, 1741 01:40:12.359 --> 01:40:15.479 you know, a very high profile call like a barricaded 1742 01:40:15.520 --> 01:40:18.359 gunman or or some sort of a swat call where 1743 01:40:18.359 --> 01:40:22.640 they needed to secure a perimeter and there was not 1744 01:40:22.840 --> 01:40:25.399 enough resources, so traffic or whomever would come out there 1745 01:40:25.439 --> 01:40:28.760 secure the perimeter of the swat call or something, you know. 1746 01:40:28.720 --> 01:40:29.880 As egregious as that. 1747 01:40:30.199 --> 01:40:33.399 But as far as routine calls for service, you know, 1748 01:40:33.479 --> 01:40:36.399 maybe an officer would ask for a backup and there 1749 01:40:36.439 --> 01:40:39.199 wasn't any backups really, you know, that were tied up 1750 01:40:39.479 --> 01:40:42.279 or a certain distance away, then maybe a traffic officer would 1751 01:40:42.279 --> 01:40:46.000 swing by to be a backup officer r you know, 1752 01:40:46.119 --> 01:40:49.880 but normally, outside those parameters, they're pretty much, you know, 1753 01:40:50.319 --> 01:40:52.119 limited to doing traffic enforcement. 1754 01:40:52.800 --> 01:40:56.079 Really interesting stuff. We have to take a short break. 1755 01:40:56.680 --> 01:40:59.720 Stay tuned in. It'll be to your benefit. We'll be 1756 01:40:59.840 --> 01:41:01.239 right back after this. 1757 01:41:07.399 --> 01:41:10.680 Go with a sure thing Denver's best roofer excel roofing 1758 01:41:10.800 --> 01:41:13.439 dot com. You don't pay a cent until you're content. 1759 01:41:16.800 --> 01:41:20.359 Time for an insurance checkup free no obligation. Comparison call 1760 01:41:20.439 --> 01:41:23.760 Compass Insurance paying too much your coverage at dozens of 1761 01:41:23.800 --> 01:41:26.439 insurance companies find out now three all three seven to 1762 01:41:26.520 --> 01:41:27.000 seven to one. 1763 01:41:27.119 --> 01:41:27.359 Help. 1764 01:41:27.520 --> 01:41:30.159 You'll think you're his only customer when you choose Frank 1765 01:41:30.239 --> 01:41:32.680 durand the real estate Man dot com to list your 1766 01:41:32.720 --> 01:41:35.840 home with Remax Alliance three all three nine two zero 1767 01:41:36.000 --> 01:41:40.479 sixteen twenty two. 1768 01:41:41.399 --> 01:41:45.039 That's a mean guitar. Right there, you are back listening 1769 01:41:45.039 --> 01:41:48.800 to the Troubleshooter Show. This is Marco Bendinelli filling in 1770 01:41:48.880 --> 01:41:52.760 for Tom Martino and Mark Major. Privileged to do so 1771 01:41:53.640 --> 01:41:56.239 U in case you just joined us. We've had a 1772 01:41:56.359 --> 01:42:02.680 very exciting show today. A number of controversial topics, interesting topics. 1773 01:42:03.760 --> 01:42:03.960 You know. 1774 01:42:04.079 --> 01:42:07.359 Callers brought up some uh uh you know, some great 1775 01:42:07.399 --> 01:42:11.720 things to talk about. Unfortunately, uh for one, uh we 1776 01:42:11.840 --> 01:42:17.239 had a you know, a death resulting from a COVID shot. 1777 01:42:18.399 --> 01:42:21.359 But anyway, it's been a great show so far. We 1778 01:42:21.439 --> 01:42:24.920 have a special guest with us today, Gary Millspaugh uh 1779 01:42:24.960 --> 01:42:29.880 and we have Deputies Bo and Deputies Dmitri in studio 1780 01:42:30.000 --> 01:42:35.199 with us. Always a pleasure, always exciting. Thank you, Thank 1781 01:42:35.279 --> 01:42:39.199 you have good things to say and add colorful comments. 1782 01:42:39.600 --> 01:42:43.920 In fact, we're going to go to Deputy Dmitri right now. Uh, 1783 01:42:43.960 --> 01:42:48.840 he has some questions about I think liability insurance. 1784 01:42:48.920 --> 01:42:49.680 Is that what you mentioned? 1785 01:42:49.680 --> 01:42:49.920 Mark? 1786 01:42:50.079 --> 01:42:53.079 You may recall that I said that I have a 1787 01:42:53.199 --> 01:42:56.439 boatload of insurance. I maxed out all of the policy 1788 01:42:56.520 --> 01:43:00.439 limits on both my auto and my umbrella policy. And 1789 01:43:00.640 --> 01:43:02.960 I did that not only to protect myself in the 1790 01:43:03.000 --> 01:43:06.279 event of you know, through medpay and similar things, but 1791 01:43:06.359 --> 01:43:08.439 I also did that to protect the other party. In 1792 01:43:08.479 --> 01:43:10.840 case I really do accidentally insure somebody, I feel like 1793 01:43:10.880 --> 01:43:13.960 I'll bear some responsibility. So my question is from the 1794 01:43:13.960 --> 01:43:16.159 perspective of a guy who doesn't want to face you 1795 01:43:16.199 --> 01:43:20.720 in court. So the fact that's why, well, now you 1796 01:43:20.760 --> 01:43:22.960 can't represent anybody against me, right because I'm asking you 1797 01:43:23.000 --> 01:43:26.720 this question. So the question is this, since I have 1798 01:43:26.800 --> 01:43:30.800 a boatload of liability, does it make me a much 1799 01:43:30.880 --> 01:43:34.600 more of a juicier target for somebody like you? And 1800 01:43:34.680 --> 01:43:38.119 if so, are you going to put in more time 1801 01:43:38.239 --> 01:43:43.199 and effort and resources into pursuing this case? And furthermore, 1802 01:43:43.319 --> 01:43:46.560 on the other side, because the insurance company is on 1803 01:43:46.600 --> 01:43:49.520 the hook for such a huge amount of money, can 1804 01:43:49.600 --> 01:43:52.239 I count on them hiring me a better lawyer than 1805 01:43:52.279 --> 01:43:55.840 the otherwise would if I had just a state mandated minimums. 1806 01:43:55.880 --> 01:43:57.920 Well, I answered the last question first. 1807 01:43:58.000 --> 01:44:04.039 He answers no, because, well, they contract with certain firms, 1808 01:44:04.319 --> 01:44:07.800 and regardless of whether you got million dollars worth of 1809 01:44:07.840 --> 01:44:10.720 coverage with them or twenty five thousand worth of coverage 1810 01:44:10.760 --> 01:44:13.680 with them, they'll they'll hire the same typically, they'll hire 1811 01:44:13.720 --> 01:44:15.239 the same defense counsel. 1812 01:44:15.119 --> 01:44:19.119 With unlimited number of hours. Well, they could build, yes. 1813 01:44:18.800 --> 01:44:24.760 Because you know, any insurance policy carries with it two 1814 01:44:25.000 --> 01:44:27.840 obligations from the inshort er. 1815 01:44:28.640 --> 01:44:30.520 You got it. That's that's the difficult to say. In 1816 01:44:30.640 --> 01:44:31.199 short er. 1817 01:44:32.399 --> 01:44:36.680 Anyway, they have a duty to defend and then a 1818 01:44:36.800 --> 01:44:40.439 duty to indemnify. And the duty to defend is what 1819 01:44:40.479 --> 01:44:44.159 you're talking about. And so they will get counsel for 1820 01:44:44.319 --> 01:44:50.119 you and defend any claims against you. Now, you you 1821 01:44:50.239 --> 01:44:53.640 said you bought you buy lots of liability insurance for 1822 01:44:53.720 --> 01:44:57.439 two reasons. That's one of them was because I want 1823 01:44:57.479 --> 01:45:00.399 to be responsible if I hurt somebody that I don't 1824 01:45:00.399 --> 01:45:04.359 think in thirty years maybe I heard that before, but 1825 01:45:04.439 --> 01:45:10.600 it's usually a cya, you know, cover your rear. Motivation 1826 01:45:10.800 --> 01:45:13.159 to buy extra insurance, Yeah, Marco, I don't want a 1827 01:45:13.199 --> 01:45:16.359 lifetime of guilt if I do make a mistake and 1828 01:45:16.520 --> 01:45:17.720 cost someone's life. 1829 01:45:17.560 --> 01:45:19.880 Or health or their ability to move around. That is 1830 01:45:19.920 --> 01:45:21.039 a I don't want to live with that. 1831 01:45:21.279 --> 01:45:24.479 That's a rare perspective, and I applaud you for that. 1832 01:45:24.560 --> 01:45:27.960 But your primary question is, you know, does that make 1833 01:45:28.039 --> 01:45:32.880 you a bigger target? Tom, who has an issue with 1834 01:45:32.960 --> 01:45:34.560 carpet mill, will be right with you. 1835 01:45:34.640 --> 01:45:36.159 Tom, stay on the line. 1836 01:45:36.760 --> 01:45:41.640 But in answering Deputy Dmitry's question, the answer is likely no, 1837 01:45:43.199 --> 01:45:46.640 that you would not be a bigger target because you know, 1838 01:45:47.359 --> 01:45:51.000 when a case, for example, a case comes into my office, right, 1839 01:45:51.720 --> 01:45:57.800 you know, I evaluate cases based on two preliminary criteria. 1840 01:45:58.439 --> 01:46:03.479 Number one is liability, right you know, with someone else responsible. 1841 01:46:04.119 --> 01:46:08.640 And number two is damages and whatever the damages are, 1842 01:46:08.840 --> 01:46:09.800 the damages are. 1843 01:46:10.640 --> 01:46:12.279 You know, I don't really think. 1844 01:46:12.079 --> 01:46:15.439 That you can you know, you know, if you have 1845 01:46:15.479 --> 01:46:18.840 a ten thousand dollars claim, you know the fact that 1846 01:46:18.880 --> 01:46:22.800 the defendant has a million dollars of insurance, you know, 1847 01:46:22.920 --> 01:46:29.399 because really you can't push or or you can't overestimate 1848 01:46:29.479 --> 01:46:33.600 the value of damages. Do you know, even after thirty years, 1849 01:46:33.640 --> 01:46:36.199 I think to myself sometimes when I'm reviewing a file 1850 01:46:36.960 --> 01:46:38.960 or sitting and talking with a client. 1851 01:46:39.600 --> 01:46:44.319 You know, my evaluation is what would a jury do right? 1852 01:46:44.720 --> 01:46:47.840 Because you know, people think that, you know, there's runaway 1853 01:46:47.920 --> 01:46:50.199 juries and outrageous verdicts, and. 1854 01:46:51.760 --> 01:46:53.880 You know that hasn't been my experience. 1855 01:46:54.279 --> 01:46:57.520 You know, it's like, these are regular people and you're 1856 01:46:57.560 --> 01:47:00.880 going to have to tell them a story about what happened, 1857 01:47:01.279 --> 01:47:05.319 what your damages were, you know, what harm was incurred, 1858 01:47:05.800 --> 01:47:09.199 and they're going to be reasonable people, and you know 1859 01:47:09.239 --> 01:47:12.159 they're gonna they're gonna come back, Hopefully they're gonna come 1860 01:47:12.159 --> 01:47:15.359 back with something that's fair. And you know, and and 1861 01:47:15.479 --> 01:47:18.000 even though I talked earlier about the fact that my 1862 01:47:18.159 --> 01:47:21.520 law firm I think is different than others in that 1863 01:47:21.640 --> 01:47:26.319 we litigate cases more than others. Were not a settlement meal. 1864 01:47:27.359 --> 01:47:35.199 We actually represent clients. You know, it's about uh, getting 1865 01:47:36.039 --> 01:47:37.920 the insurance carrier to be fair? 1866 01:47:38.520 --> 01:47:42.960 And are we are? We moving into a break right now? 1867 01:47:43.399 --> 01:47:44.640 Tom, stay on the line. 1868 01:47:44.680 --> 01:47:45.439 We'll be with you. 1869 01:47:45.840 --> 01:47:49.880 I talked too much, Uh, stay on, stay tuned in. 1870 01:47:50.079 --> 01:47:51.039 We'll be back after this. 1871 01:47:56.840 --> 01:47:59.920 Go with a sure thing Denver's best Rufer Excel Rufe. 1872 01:48:00.800 --> 01:48:06.560 You don't pay a cent until you're content. Time for 1873 01:48:06.560 --> 01:48:10.319 an insurance check up free no obligation comparison call Compass 1874 01:48:10.359 --> 01:48:13.640 Insurance Paying too much your coverage at dozens of insurance 1875 01:48:13.680 --> 01:48:16.800 companies find out now three oh three seven seven one help. 1876 01:48:16.960 --> 01:48:19.560 You'll think you're his only customer when you choose Frank 1877 01:48:19.640 --> 01:48:22.079 durand the Real estate Man dot com to list your 1878 01:48:22.119 --> 01:48:25.239 home with Remax Alliance three oh three nine two zero 1879 01:48:25.399 --> 01:48:26.359 sixteen twenty two. 1880 01:48:27.119 --> 01:48:32.159 Yeah, rip. 1881 01:48:34.079 --> 01:48:34.319 News. 1882 01:48:35.319 --> 01:48:36.600 You need advice who. 1883 01:48:36.520 --> 01:48:41.680 You don't have? Come run anxious as fast as we can. 1884 01:48:42.600 --> 01:48:44.319 Shooter's gonna help. 1885 01:48:44.600 --> 01:48:48.640 Come man, this is the Troubleshooter Show. 1886 01:48:49.279 --> 01:48:56.439 Now Tom Martine, It is not Tom Martinez, it is 1887 01:48:56.560 --> 01:49:01.039 Marco Bendinelli from the Bendinelli Law Firm, the best choice 1888 01:49:01.399 --> 01:49:06.680 for the injured in Colorado. You know, the best law 1889 01:49:06.720 --> 01:49:11.119 firms are not necessarily the ones that advertise the most 1890 01:49:11.920 --> 01:49:13.079 CEO law firm. 1891 01:49:13.199 --> 01:49:14.039 That's our website. 1892 01:49:14.119 --> 01:49:18.920 Bendanelli Law Firm can be found at www ceo like 1893 01:49:19.000 --> 01:49:24.279 coloradocolaw Firm dot com. Go there if you need us 1894 01:49:24.439 --> 01:49:28.760 and you will be served anyway. We are back at 1895 01:49:28.760 --> 01:49:34.600 the Troubleshooters Show, the home of the consumer advocate, Tom Martino, 1896 01:49:35.039 --> 01:49:36.600 the best in the country. 1897 01:49:37.039 --> 01:49:37.960 He's been doing. 1898 01:49:37.760 --> 01:49:42.039 This for forty five years, taking your complaints, listening to 1899 01:49:42.119 --> 01:49:46.079 you and actually caring, and then getting involved in your 1900 01:49:46.199 --> 01:49:49.880 circumstance and working it out to your benefit. He holds 1901 01:49:49.920 --> 01:49:54.880 people accountable. This is not just entertainment, although we hope 1902 01:49:54.960 --> 01:50:03.000 you're entertained, but this is actually Troubleshooter Show and Tom 1903 01:50:03.239 --> 01:50:08.039 solves problems. There's been hundreds of millions of dollars in cash, 1904 01:50:08.560 --> 01:50:14.479 merchandise and services recovered for consumers everywhere. And you can 1905 01:50:14.760 --> 01:50:18.479 reach us now. We have a caller on online. Tom 1906 01:50:18.520 --> 01:50:20.439 will be with you in a second, but you can 1907 01:50:20.920 --> 01:50:25.479 call in at and reach us at three O three Martino, 1908 01:50:25.640 --> 01:50:29.800 three oh three Martino or three O three seven one 1909 01:50:29.920 --> 01:50:36.239 three Talk. You can also email us at help at 1910 01:50:36.399 --> 01:50:40.119 troubleshooter dot com and we don't have to be on 1911 01:50:40.159 --> 01:50:43.479 the air for you to email us. You can email 1912 01:50:43.600 --> 01:50:46.000 us at any time in a day and we will 1913 01:50:46.000 --> 01:50:50.399 get it and we will be responding to you. So 1914 01:50:50.920 --> 01:50:54.279 Tom is on the line. Tom has an issue with 1915 01:50:54.479 --> 01:51:00.199 carpet meal. That's all I know. So I'm gonna ask Tom, 1916 01:51:00.239 --> 01:51:02.279 what is your issue with carpet meal? 1917 01:51:05.640 --> 01:51:06.199 Am I there? 1918 01:51:06.600 --> 01:51:07.680 You are there, sir? 1919 01:51:08.000 --> 01:51:12.000 All right? About a month ago I went to get carpet. 1920 01:51:12.159 --> 01:51:16.800 I'm doing a project in the basement, okay. And it 1921 01:51:16.880 --> 01:51:19.560 was like a Thursday. I went into a carpet store 1922 01:51:21.479 --> 01:51:27.760 and picked out carpet, and then Sunday the guy came 1923 01:51:27.800 --> 01:51:28.720 out and measured. 1924 01:51:29.039 --> 01:51:32.840 Okay, all right, that's usually how it works. 1925 01:51:33.880 --> 01:51:39.800 Yeah, and uh so Monday. That was Sunday, like a 1926 01:51:39.840 --> 01:51:44.479 month ago. Monday. I came in, I went back to 1927 01:51:44.520 --> 01:51:48.479 the carpet store, signed a bunch of papers, gave him 1928 01:51:48.479 --> 01:51:51.560 my credit card number. He took money out of my 1929 01:51:51.640 --> 01:51:57.640 credit card and say, okay, next Monday, we'll install. Now, 1930 01:51:57.680 --> 01:52:00.000 this was like a month ago. 1931 01:52:00.920 --> 01:52:04.199 Right, you said that. Okay, So what happened? 1932 01:52:04.239 --> 01:52:09.239 They Monday came, nobody showed up. 1933 01:52:10.479 --> 01:52:12.159 Tom, Hang on second, Tom. 1934 01:52:12.600 --> 01:52:15.640 So are we to understand that today came, which is 1935 01:52:15.680 --> 01:52:16.760 also Monday. 1936 01:52:16.680 --> 01:52:17.920 And you still don't compet? 1937 01:52:18.239 --> 01:52:21.119 This was Monday, three three weeks. 1938 01:52:21.199 --> 01:52:23.079 Yeah, I know, I know, but we're talking. Let's talk 1939 01:52:23.079 --> 01:52:25.640 about today, which is also Monday. Do you have your 1940 01:52:25.680 --> 01:52:26.439 new carpet or not? 1941 01:52:27.640 --> 01:52:29.279 No, I don't have my new carpet. 1942 01:52:29.439 --> 01:52:29.920 Why not. 1943 01:52:33.119 --> 01:52:34.159 Nobody showed up? 1944 01:52:34.960 --> 01:52:37.039 Well, I'm sure you called them. What they said? 1945 01:52:37.399 --> 01:52:41.119 I paid them sixteen dollars for the carpet. They wanted 1946 01:52:41.159 --> 01:52:43.840 me to pay for the carpet and the installation. I 1947 01:52:43.960 --> 01:52:46.640 refuse to pay for the installation until after it's done. 1948 01:52:46.960 --> 01:52:48.840 Is that why they haven't installed the carpet, because you 1949 01:52:48.840 --> 01:52:49.920 haven't paid for the installation. 1950 01:52:51.119 --> 01:52:55.399 No, they said they came today, and nobody came today. 1951 01:52:56.359 --> 01:52:57.560 Wait, that doesn't make sense. 1952 01:52:57.640 --> 01:53:02.319 After this was after we settled the first dispute. 1953 01:53:03.399 --> 01:53:08.319 So I heard what what? 1954 01:53:08.079 --> 01:53:08.119 What? 1955 01:53:08.319 --> 01:53:08.560 What? 1956 01:53:08.640 --> 01:53:11.159 How many disputes were there? I thought there was only one. 1957 01:53:11.760 --> 01:53:13.560 You paid for the carpet and they didn't deliver. 1958 01:53:13.720 --> 01:53:15.279 Yeah, you won't let me. Do you want me to 1959 01:53:15.359 --> 01:53:19.079 let me explain? Well, first time, the first time I 1960 01:53:19.199 --> 01:53:23.119 called and they said that I didn't sign the contract. 1961 01:53:23.520 --> 01:53:26.239 This was three weeks ago. So I went back to 1962 01:53:26.319 --> 01:53:31.560 the store that week and I signed another contract, and 1963 01:53:31.600 --> 01:53:35.760 then that was supposed to be all good until this monday. 1964 01:53:36.119 --> 01:53:39.079 They were supposed to come this Monday and install it, 1965 01:53:39.279 --> 01:53:41.239 and then I was going to pay for the installation 1966 01:53:42.560 --> 01:53:46.520 after it was done. Well, they never came today. 1967 01:53:48.279 --> 01:53:50.199 I hate to break it to you, but today's not over. 1968 01:53:52.720 --> 01:53:55.039 I've already talked to them. They said they were here. 1969 01:53:55.239 --> 01:53:57.880 They weren't here. They said they called, they didn't call. 1970 01:53:58.760 --> 01:54:01.560 So now it's to the point where I don't want 1971 01:54:01.600 --> 01:54:03.920 to use these guys the carpet mill anymore. 1972 01:54:04.319 --> 01:54:07.600 Which there's a bunch of carpet mills in Colorado. 1973 01:54:07.680 --> 01:54:10.039 Which which story are you talking about? There are? 1974 01:54:10.479 --> 01:54:15.279 And uh, if you want me to specify the store, 1975 01:54:15.560 --> 01:54:16.880 this the one on West. 1976 01:54:16.600 --> 01:54:19.239 Colfax by Denver West. 1977 01:54:21.520 --> 01:54:23.680 No, not that Colefax and Kipling. 1978 01:54:24.039 --> 01:54:26.359 Okay, yeah, okay, So. 1979 01:54:26.439 --> 01:54:28.640 Tell them are they going to reschedule the installation and 1980 01:54:28.680 --> 01:54:29.760 show up on another day? 1981 01:54:29.920 --> 01:54:33.439 Or they call and they said they won't reschedule it 1982 01:54:33.600 --> 01:54:37.000 unless I pay for the installation. 1983 01:54:38.359 --> 01:54:42.760 So do you think the whole thing is related to uh, 1984 01:54:43.000 --> 01:54:44.479 prepayment for the installation. 1985 01:54:46.439 --> 01:54:48.439 It seemed like they told you that before. 1986 01:54:50.359 --> 01:54:56.840 Uh, well, we had it. We had it to where 1987 01:54:56.880 --> 01:54:59.119 I wasn't going to pay for the installation untill after 1988 01:54:59.159 --> 01:54:59.760 it was done. 1989 01:55:00.119 --> 01:55:01.119 And they agreed to that. 1990 01:55:02.199 --> 01:55:04.840 They agreed to that. So you gave him sixteen hundred 1991 01:55:04.840 --> 01:55:05.720 dollars agreed to that? 1992 01:55:06.000 --> 01:55:08.239 You gave him sixteen hundred dollars. 1993 01:55:09.039 --> 01:55:10.920 I paid for the carpet, yes. 1994 01:55:10.640 --> 01:55:12.000 And how much is the installation? 1995 01:55:14.039 --> 01:55:18.039 It was another sixteen hundred or thirteen or something like that. 1996 01:55:18.119 --> 01:55:22.199 Yeah, okay. And and did you talk to the manager 1997 01:55:22.239 --> 01:55:24.880 and he said, okay, you don't have to pay for 1998 01:55:24.960 --> 01:55:27.720 the installation until after we inssaw the carpet. 1999 01:55:30.439 --> 01:55:31.640 Did you have that agreement? 2000 01:55:32.960 --> 01:55:40.680 We had that agreement until today in writing? In writing, yes, okay. 2001 01:55:41.319 --> 01:55:45.520 So is there a reason that that you wouldn't pay 2002 01:55:45.600 --> 01:55:49.439 for the installation. It seemed like, you know, they're a 2003 01:55:49.479 --> 01:55:50.479 big business, they're. 2004 01:55:50.319 --> 01:55:52.279 A reputabilitation before it's done. 2005 01:55:53.520 --> 01:55:56.560 Okay, Well you paid for the carpet before you before 2006 01:55:56.600 --> 01:55:57.880 you had it in your possession. 2007 01:55:57.960 --> 01:56:00.680 Never pay up front, Never pay up front for anything. 2008 01:56:03.319 --> 01:56:03.520 You know. 2009 01:56:03.600 --> 01:56:06.359 It seems like, well, you know what, Listen, we'll investigate 2010 01:56:06.399 --> 01:56:07.279 that off that time. 2011 01:56:08.199 --> 01:56:09.239 Tom, this is bo. 2012 01:56:09.359 --> 01:56:11.399 Do you want me to call over there during the 2013 01:56:11.479 --> 01:56:15.880 break find out about this agreement you have with getting 2014 01:56:15.920 --> 01:56:18.000 paying them when the job is done. I mean, if 2015 01:56:18.000 --> 01:56:21.439 you have something in writing or from the manager of 2016 01:56:21.520 --> 01:56:24.119 the carpet mail on colfax, you should be a no brainer. 2017 01:56:25.800 --> 01:56:29.159 That sounds like to me. It sounds like to me, 2018 01:56:29.239 --> 01:56:32.640 you just want to maybe cancel the whole deal. That's 2019 01:56:32.680 --> 01:56:33.920 what I'm getting from you. 2020 01:56:35.439 --> 01:56:38.199 Well, you know, at this point, maybe I do. All 2021 01:56:38.319 --> 01:56:41.520 I want is carpet in the basement, and I don't 2022 01:56:41.560 --> 01:56:43.600 want to I'm not going to pay for the installation 2023 01:56:43.800 --> 01:56:44.840 till after it's done. 2024 01:56:46.279 --> 01:56:49.720 And now, Tom, what did they actually go ahead? 2025 01:56:50.800 --> 01:56:53.159 And they may say, and they may say, we're not 2026 01:56:53.279 --> 01:56:56.279 installing the carpet until you pay for the carpet and 2027 01:56:56.279 --> 01:56:56.920 the installation. 2028 01:56:58.079 --> 01:57:01.359 Have you talked to Tom Martino lately? What Tom Martini 2029 01:57:01.479 --> 01:57:03.720 pay for installation until after it's done? 2030 01:57:04.319 --> 01:57:04.840 You know what. 2031 01:57:05.119 --> 01:57:08.319 I'm not gonna speak for Tom, h but well, you 2032 01:57:08.359 --> 01:57:10.560 know what we'll do is listen, you think. 2033 01:57:10.479 --> 01:57:14.399 We should come in the last forty years, then don't 2034 01:57:14.439 --> 01:57:16.399 do business with the company if you've got to pay 2035 01:57:16.399 --> 01:57:20.039 for everything up front. My friend, It's that simple. That's 2036 01:57:20.079 --> 01:57:23.680 what Tom has said for years. You can plays and 2037 01:57:23.800 --> 01:57:26.439 he's got no problem with whatever. 2038 01:57:26.720 --> 01:57:29.720 I'm not gonna pay for the installation until after it's done. 2039 01:57:30.079 --> 01:57:31.840 And you have an agreement with that. You've got the 2040 01:57:31.880 --> 01:57:34.039 contract written out's stating that fact. 2041 01:57:34.159 --> 01:57:35.119 Agreement with that. 2042 01:57:35.319 --> 01:57:36.960 Yeah, it is written in the content. 2043 01:57:37.079 --> 01:57:40.960 You talk to general man the job said Tom, I'm 2044 01:57:41.079 --> 01:57:42.520 gonna do it till after. 2045 01:57:42.279 --> 01:57:47.159 Tom everything Tom, Tom, Oh, are you thereready? 2046 01:57:47.239 --> 01:57:48.960 Dragon? Tom? 2047 01:57:49.039 --> 01:57:49.600 Yeah, I'm here. 2048 01:57:49.720 --> 01:57:52.800 Okay, You've got that written in the contract from the 2049 01:57:52.880 --> 01:57:55.319 manager stating for the fact that you do not have 2050 01:57:55.399 --> 01:57:58.399 to pay for installation until it is done. Yes or no, 2051 01:57:58.479 --> 01:58:01.319 that's right, perfect right. Email that over to us and 2052 01:58:01.359 --> 01:58:02.119 we'll work on it. 2053 01:58:03.119 --> 01:58:03.720 Can you do that? 2054 01:58:05.159 --> 01:58:06.720 It's good advice, dragon. 2055 01:58:08.159 --> 01:58:09.119 Tom. Can you do that? 2056 01:58:09.239 --> 01:58:10.479 Call that guy out there. 2057 01:58:10.560 --> 01:58:12.960 Tom. We will need the contract in order to fight 2058 01:58:13.079 --> 01:58:15.319 for you. Do you have that in the contract? 2059 01:58:20.359 --> 01:58:20.760 Don't know? 2060 01:58:20.880 --> 01:58:24.079 Then no, I've got it. 2061 01:58:27.560 --> 01:58:28.680 You seem pretty sure. 2062 01:58:28.760 --> 01:58:31.439 But listen, that's good advice dragon Tom. 2063 01:58:31.640 --> 01:58:34.199 Just email us the contracts so we can look at 2064 01:58:34.239 --> 01:58:37.399 it and if that language is stated, we'll call over there. 2065 01:58:37.920 --> 01:58:42.119 And you know, so email that and we have your 2066 01:58:42.199 --> 01:58:45.960 number and we will investigate that. We need to see 2067 01:58:46.000 --> 01:58:49.960 it in the contract obviously, and uh, and we'll investigate 2068 01:58:50.000 --> 01:58:50.359 it for you. 2069 01:58:50.439 --> 01:58:51.359 Tom. 2070 01:58:53.239 --> 01:58:57.199 Listen, Tom, Uh, we're gonna cut bye, Tom, see you, Tom. 2071 01:58:57.680 --> 01:59:00.479 We're gonna go to Joseph. Uh. You know what. 2072 01:59:00.560 --> 01:59:05.680 Listen, we we are limited by our. 2073 01:59:05.600 --> 01:59:11.279 Humanness and so we will uh. 2074 01:59:12.600 --> 01:59:14.720 Cut ties with Tom. 2075 01:59:14.720 --> 01:59:15.199 Good luck. 2076 01:59:15.439 --> 01:59:18.720 Oh, Joseph, you have a question of fire returny. We 2077 01:59:18.760 --> 01:59:21.079 need to take a short break, So stay on the 2078 01:59:21.119 --> 01:59:22.720 line and we'll be right back. 2079 01:59:28.600 --> 01:59:31.840 Go with a sure thing. Denver's best roofer Excel roofing 2080 01:59:31.960 --> 01:59:34.600 dot com. You don't pay a cent until you're content 2081 01:59:37.960 --> 01:59:41.159 time for an insurance check up free no obligation comparison 2082 01:59:41.279 --> 01:59:44.840 call Compass Insurance paying too much your coverage at dozens 2083 01:59:44.880 --> 01:59:47.600 of insurance companies find out now three O three seven 2084 01:59:47.600 --> 01:59:49.960 to seven to one help. You'll think you're his only 2085 01:59:50.039 --> 01:59:52.520 customer when you choose Frank durand the real estate man 2086 01:59:52.560 --> 01:59:55.960 dot com to list your home with Remax Alliance three 2087 01:59:56.199 --> 01:59:58.119 three nine two zero sixteen twenty two. 2088 02:00:09.399 --> 02:00:12.279 I'll let you listen to that music just another second 2089 02:00:12.399 --> 02:00:16.119 or two more because it was so good. Anyway, if 2090 02:00:16.159 --> 02:00:19.800 you just joined us, you you've just you missed an 2091 02:00:19.840 --> 02:00:26.119 exciting time where we had a caller start swearing and screaming, 2092 02:00:26.199 --> 02:00:28.239 and you know makes for exciting radio. 2093 02:00:28.880 --> 02:00:30.279 We want to help consumers. 2094 02:00:30.600 --> 02:00:35.760 Tom Martino, uh set that precedent, and you know Tom 2095 02:00:35.880 --> 02:00:39.760 is is the is the national leader. Really he's been 2096 02:00:39.880 --> 02:00:44.920 doing this show, The Troubleshooter for forty five years. And 2097 02:00:45.479 --> 02:00:50.119 so call us what a problem. We will help. Tom 2098 02:00:50.399 --> 02:00:55.399 called and had a problem with carpet meal. But perhaps 2099 02:00:55.520 --> 02:00:58.920 he did not want to pay for the services. And 2100 02:00:59.079 --> 02:01:01.880 Tom Martino does say, you know, you could pay for 2101 02:01:02.000 --> 02:01:06.079 materials and maybe not pay for installation or for the 2102 02:01:06.119 --> 02:01:07.239 work being done until. 2103 02:01:07.079 --> 02:01:07.760 It was completed. 2104 02:01:09.239 --> 02:01:14.319 Apparently Carpet Mill doesn't do things like that, and so 2105 02:01:14.399 --> 02:01:19.239 Tom needed to do business with someone else basically. So anyway, 2106 02:01:19.880 --> 02:01:23.039 that was rather exciting. This is my first time hosting 2107 02:01:23.159 --> 02:01:27.319 for Tom Martino and Mark Major, and I've never had 2108 02:01:27.960 --> 02:01:29.880 so that would be the first time I had someone 2109 02:01:29.920 --> 02:01:33.479 swear at me on the radio. Rather exciting for a Monday. 2110 02:01:33.720 --> 02:01:35.479 Yeah, it's not the first time that happened here. 2111 02:01:35.520 --> 02:01:37.720 But dragging behind the glass over there is pretty good 2112 02:01:37.720 --> 02:01:40.840 at intercepting these and re walked down the clock. 2113 02:01:40.880 --> 02:01:43.000 He's got some kind of a time machine over there, 2114 02:01:43.520 --> 02:01:46.960 something like that. I wasn't prepared for that. 2115 02:01:47.520 --> 02:01:51.319 I don't know if I could have been, frankly, but anyway, 2116 02:01:51.479 --> 02:01:55.079 we are here to help. Three to three Martino, three 2117 02:01:55.159 --> 02:01:56.119 oh three Martino. 2118 02:01:56.199 --> 02:01:57.600 We've got a couple open lines. 2119 02:01:57.920 --> 02:02:01.600 You can call in or email us at help at 2120 02:02:01.640 --> 02:02:04.000 troubleshooter dot com. 2121 02:02:04.439 --> 02:02:07.880 I have a question for Gary there, Marco Okay. 2122 02:02:07.920 --> 02:02:12.279 Gary is our special guests in studio, Gary Millspaw. He 2123 02:02:12.560 --> 02:02:17.720 is a retired Aurora police officer. Uh and he's ready 2124 02:02:17.760 --> 02:02:21.199 to field a question by Duppy bow. 2125 02:02:21.520 --> 02:02:21.920 Not just. 2126 02:02:25.039 --> 02:02:27.680 His dad is actually gold plated. I took a picture 2127 02:02:27.680 --> 02:02:30.359 of it. I'm gonna bargain for it after the show. 2128 02:02:31.199 --> 02:02:35.159 So Gary, I've always wondered this, if, please, when you 2129 02:02:35.199 --> 02:02:40.039 get pulled over and we're talking about a person's constitutional rights, 2130 02:02:40.800 --> 02:02:44.640 what's the story when a police officer asks you to 2131 02:02:44.800 --> 02:02:47.640 step out of the car. Are you under I know 2132 02:02:47.680 --> 02:02:51.039 you're not really under obligation to talk to him, but constitutionally, 2133 02:02:51.159 --> 02:02:54.199 do I have to step out of the step out 2134 02:02:54.239 --> 02:02:54.760 of the car. 2135 02:02:55.119 --> 02:02:58.279 That's an interesting question. Yes, here's what I would it 2136 02:02:58.319 --> 02:03:02.039 is there is case law that from an officer safety perspective, 2137 02:03:02.079 --> 02:03:03.399 if he asked you to get out of the vehicle, 2138 02:03:03.479 --> 02:03:05.560 you need to get out of the vehicle. Otherwise it's 2139 02:03:05.560 --> 02:03:09.359 going to be a bad outcome, especially depending on the circumstances. 2140 02:03:09.399 --> 02:03:11.960 Obviously every situation is different. What was the nature of 2141 02:03:12.000 --> 02:03:15.079 the contact? What I would say is, if you get 2142 02:03:15.119 --> 02:03:19.479 pulled over, do not get out of the car until 2143 02:03:19.560 --> 02:03:21.800 unless the officer asked you to get out of the car. 2144 02:03:22.159 --> 02:03:25.840 Because there's been I've seen and experienced and seen had 2145 02:03:26.239 --> 02:03:29.600 bad results and seen so many videos which we see 2146 02:03:29.600 --> 02:03:32.399 all the videos all the time in training during briefings 2147 02:03:32.880 --> 02:03:37.359 of officers getting attacked or violently attacked or even killed 2148 02:03:37.720 --> 02:03:39.640 by people that are coming out of their vehicle and 2149 02:03:39.720 --> 02:03:42.520 coming toward them, and then they pull produce a weapon 2150 02:03:42.600 --> 02:03:45.479 sometimes of what have you. So I would highly recommend 2151 02:03:45.479 --> 02:03:49.039 if you get pulled over, stay in the car. Do 2152 02:03:49.199 --> 02:03:52.159 not get out of the car. You know, you know, 2153 02:03:52.359 --> 02:03:55.279 there could be a variety of reasons why you're being contacted. 2154 02:03:55.319 --> 02:03:57.039 You might not even know. You may know why you're 2155 02:03:57.079 --> 02:04:00.079 being contacted. You may know your speeding, you may know 2156 02:04:00.159 --> 02:04:02.119 that you were driving radically, or maybe you don't know 2157 02:04:02.159 --> 02:04:04.720 why you're being pulled over. But either way, do not 2158 02:04:04.840 --> 02:04:07.119 get out of the vehicle unless the officer asks you. 2159 02:04:07.479 --> 02:04:10.479 And then if the officer does, for officers safety, ask 2160 02:04:10.560 --> 02:04:12.720 you to get out of the vehicle, then get out 2161 02:04:12.760 --> 02:04:16.840 of the vehicle. You don't necessarily have to violate your 2162 02:04:16.880 --> 02:04:20.640 First Amendment rights. As I said before, it's a different 2163 02:04:20.640 --> 02:04:24.079 thing if an officer asks you, is that address on 2164 02:04:24.119 --> 02:04:28.880 your driver's license valid? Is the registration the address of valid? 2165 02:04:29.239 --> 02:04:31.159 Because if they're going to issue a ticket, they've got 2166 02:04:31.159 --> 02:04:33.319 to know that you're going to show up at court 2167 02:04:33.800 --> 02:04:36.640 and that they have accurate information whereas to send this, 2168 02:04:36.840 --> 02:04:39.880 you know, to summons or whatever. If you don't appear 2169 02:04:40.600 --> 02:04:42.880 otherwise you got some other problems. If they have reasona 2170 02:04:42.880 --> 02:04:44.880 believe you're not going to appear in court, then you 2171 02:04:44.960 --> 02:04:46.279 might have to be post to bail. 2172 02:04:46.720 --> 02:04:48.079 But anyway, that's the point. 2173 02:04:48.279 --> 02:04:52.880 Okay, I got a question for Deputy both Why is 2174 02:04:52.880 --> 02:04:54.279 that a? Why was that? 2175 02:04:54.359 --> 02:04:55.359 Your second question? 2176 02:04:55.600 --> 02:04:55.800 On? 2177 02:04:56.319 --> 02:04:57.560 How do I? 2178 02:04:57.600 --> 02:05:01.800 How am I able to not cooperate with law enforcement? 2179 02:05:02.239 --> 02:05:05.079 Well, it's never happened to me, But I'm just curious 2180 02:05:05.319 --> 02:05:08.439 if someone if an officer asks someone to get out 2181 02:05:08.439 --> 02:05:10.520 of the car, let's say it's a suspicion for do 2182 02:05:10.560 --> 02:05:14.039 you why? I just don't think constitutionally a person has 2183 02:05:14.600 --> 02:05:17.439 an obligation to step out of the car. And then 2184 02:05:17.479 --> 02:05:20.399 what does the officer do? Because Gary, I'm sure you 2185 02:05:20.439 --> 02:05:23.079 had instances where people will not get out of the 2186 02:05:23.079 --> 02:05:25.680 car which you've asked them to get out of the car. 2187 02:05:25.800 --> 02:05:26.439 So what is the. 2188 02:05:26.439 --> 02:05:31.159 Next how do you do roadside sobriety tests or roadside 2189 02:05:31.199 --> 02:05:34.079 maneuvers if you won't get out of the vehicle when 2190 02:05:34.159 --> 02:05:38.119 the officer suspects that you're intoxicated. 2191 02:05:37.319 --> 02:05:41.199 Well, is what a criminal offense to not get out 2192 02:05:41.239 --> 02:05:41.760 of the car? 2193 02:05:41.920 --> 02:05:43.079 Is that a Well? 2194 02:05:43.119 --> 02:05:45.760 You know, I understanding from case law from an office 2195 02:05:45.880 --> 02:05:49.560 is purely from an officer's safety viewpoint that you need 2196 02:05:49.600 --> 02:05:51.079 to get out of the car if the officer feels 2197 02:05:51.119 --> 02:05:53.199 that his safety may be in jeopardy. As far as 2198 02:05:53.600 --> 02:05:57.319 roadside maneuvers, you can decline they're consensual. You don't have 2199 02:05:57.399 --> 02:05:59.880 to do roadside maneuvers if the officer asked me to do. 2200 02:06:00.960 --> 02:06:02.760 You're not under you're not compelled to do that. 2201 02:06:03.239 --> 02:06:07.079 Okay, you're not compelled, so you don't have to you. 2202 02:06:07.039 --> 02:06:08.279 Don't have to do road you know. 2203 02:06:08.640 --> 02:06:12.720 I would say as a general consensus, UH to cooperate 2204 02:06:12.800 --> 02:06:18.399 with law enforcement and things are likely to not escalate 2205 02:06:18.880 --> 02:06:23.600 with a with a police officer if you cooperate, I 2206 02:06:23.600 --> 02:06:28.279 would say that the chances dramatically increase that the circumstance 2207 02:06:28.359 --> 02:06:37.840 and the situation will escalate should you be defiant, uncooperative, disrespectful. 2208 02:06:38.640 --> 02:06:43.000 So you know, those those character traits are probably not 2209 02:06:43.199 --> 02:06:44.760 useful in any circumstance. 2210 02:06:45.039 --> 02:06:48.000 Well, well, you're correct, because it could lead to an 2211 02:06:48.000 --> 02:06:51.760 officer's discretion if he has the ability to end up 2212 02:06:51.760 --> 02:06:54.960 placing you under arrest, whereas he could let you go 2213 02:06:55.079 --> 02:06:59.039 maybe by a summons and one In either case, whether 2214 02:06:59.079 --> 02:07:01.359 he lets you go with summons and whatever the case 2215 02:07:01.439 --> 02:07:03.840 may be, he's going to put in his notes what 2216 02:07:03.920 --> 02:07:07.079 your attitude was. He's going to mark that down. He's 2217 02:07:07.079 --> 02:07:09.800 gonna be very specific on how you responded to the 2218 02:07:09.840 --> 02:07:14.399 contact to your point and the assistant DA. When he 2219 02:07:14.479 --> 02:07:19.520 gets that that case brought before him and he reads 2220 02:07:19.560 --> 02:07:24.319 the officer's notes, you're probably less inclined to get some. 2221 02:07:24.319 --> 02:07:27.560 Go with a sure thing Denver's Best Roofer Excel Roofing 2222 02:07:27.640 --> 02:07:30.319 dot com. You don't pay a cent until you're content. 2223 02:07:33.680 --> 02:07:36.880 Time for an insurance checkup free, no obligation. In comparison, 2224 02:07:37.000 --> 02:07:40.560 call Compass Insurance paying too much your coverage at dozens 2225 02:07:40.560 --> 02:07:43.279 of insurance companies find out now three O three seven 2226 02:07:43.279 --> 02:07:45.680 to seven to one help. You'll think you're his only 2227 02:07:45.760 --> 02:07:48.199 customer when you choose Frank durand the real estate Man 2228 02:07:48.279 --> 02:07:51.720 dot com to list your home with Remax Alliance three 2229 02:07:51.880 --> 02:08:00.159 three nine two zero sixteen twenty two. 2230 02:08:08.079 --> 02:08:13.479 Thank you for joining us. This is the Trouble Shooter Show. Uh, 2231 02:08:13.600 --> 02:08:17.239 Tom Martino and Mark Major are not here. I'm filling in. 2232 02:08:17.279 --> 02:08:19.000 My name is Marco Bendinelli. 2233 02:08:19.800 --> 02:08:22.359 We are well. 2234 02:08:22.399 --> 02:08:26.640 My firm represents injured people. We're a personal injury law firm, 2235 02:08:27.279 --> 02:08:28.199 and I am. 2236 02:08:28.119 --> 02:08:29.600 Privileged to be here today. 2237 02:08:30.520 --> 02:08:35.600 Just really taken back, honored that Tom and Mark would 2238 02:08:35.600 --> 02:08:39.920 trust me to host this show. It's been great, it's 2239 02:08:39.960 --> 02:08:43.560 been fun, it's been exciting. Uh, it's been a rather 2240 02:08:44.960 --> 02:08:49.119 up at the Monday. Uh, and time has flown. So 2241 02:08:50.039 --> 02:08:53.800 we're glad you're tuning in. We're glad for your appreciate 2242 02:08:53.840 --> 02:08:57.680 your calls. We invite more. Give us a call at 2243 02:08:57.720 --> 02:09:03.760 three oh three Martino, three three Martino, and let us 2244 02:09:03.800 --> 02:09:07.119 know what's going on with you. Are you having problems 2245 02:09:07.119 --> 02:09:12.560 with a contractor are you having problems with anything anything 2246 02:09:12.600 --> 02:09:18.560 that's consumer related. This show was built by Tom Martino 2247 02:09:19.279 --> 02:09:24.600 as a consumer advocate. Forty five years later, he is 2248 02:09:24.640 --> 02:09:29.720 still strong and helping people that have been taking advantage 2249 02:09:29.760 --> 02:09:34.760 of need help, been ripped off, been you know, suffered 2250 02:09:34.800 --> 02:09:39.159 something some harm at the hand of a scammer. So 2251 02:09:39.319 --> 02:09:44.119 give us a call, we will help. Earlier today, Deputy 2252 02:09:44.279 --> 02:09:48.359 Bo gave us a little update on previous callers. And 2253 02:09:48.479 --> 02:09:51.560 so just to let you folks know that you're not 2254 02:09:51.800 --> 02:09:55.199 talking into the abyss. There is follow up here. There 2255 02:09:55.199 --> 02:09:59.800 are people that care, you know, and your situation will 2256 02:09:59.800 --> 02:10:04.359 be investigated. Uh and uh hopefully we will get you 2257 02:10:04.439 --> 02:10:05.319 some justice. 2258 02:10:05.920 --> 02:10:06.039 Uh. 2259 02:10:06.239 --> 02:10:10.359 So we appreciate you listening. We appreciate your calls. Uh, 2260 02:10:10.399 --> 02:10:17.880 three oh three Martino. You know Tom has been uh. 2261 02:10:18.119 --> 02:10:23.079 You know, we we listened to a rather emotional description 2262 02:10:23.439 --> 02:10:27.960 as to why Tom had been out for months and 2263 02:10:28.079 --> 02:10:32.279 uh and Mark Major gave us some details on that, 2264 02:10:32.399 --> 02:10:36.560 I think for the first time last week. Uh in 2265 02:10:36.760 --> 02:10:43.039 that you know, Tom had been diagnosed, unfortunately with pancreatic cancer. 2266 02:10:44.560 --> 02:10:48.319 And Mark was very emotional as he related to the 2267 02:10:48.399 --> 02:10:54.600 listeners Tom's plight, but was happy to report, more than 2268 02:10:54.640 --> 02:11:00.840 happy to report, really shed tears of joy that you know, 2269 02:11:01.399 --> 02:11:05.960 everybody knows that if you're going to have cancer, Lord 2270 02:11:06.079 --> 02:11:11.399 knows you don't want pancreatic cancer. You know, that is typically. 2271 02:11:12.279 --> 02:11:15.439 A death sentence. You know, I won't mince words. 2272 02:11:16.119 --> 02:11:23.920 And fortunately Tom underwent a surgery that the surgeon was 2273 02:11:24.000 --> 02:11:28.119 able to extract all of the cancer. And you know, 2274 02:11:28.239 --> 02:11:31.600 Tom is going to be fully recovered. He is in 2275 02:11:31.760 --> 02:11:38.039 the three percent of people that survive pancreatic cancer. And 2276 02:11:38.119 --> 02:11:44.199 so we are very very happy about that. We enjoy 2277 02:11:44.920 --> 02:11:48.760 and you know Tom, and you know, he is such 2278 02:11:48.880 --> 02:11:53.880 a talent and he is such a sincere consumer advocate. 2279 02:11:54.520 --> 02:11:59.079 He's done so much for so many people. You know, 2280 02:11:59.600 --> 02:12:05.159 we you know, consumers in general. Oh Tom, you know, 2281 02:12:05.239 --> 02:12:08.960 a debt of gratitude. He's devoted his life to this. 2282 02:12:09.760 --> 02:12:14.199 This is his calling, you know, and he excels at it. 2283 02:12:14.319 --> 02:12:17.520 And you know, one of the reasons that he's been 2284 02:12:17.640 --> 02:12:23.399 so successful is because of his sincerity in wanting to 2285 02:12:23.520 --> 02:12:31.600 bring justice and you know, uncover unscrupulous vendors, and you know, 2286 02:12:32.359 --> 02:12:39.239 and so his longstanding success forty five years, the longest 2287 02:12:39.279 --> 02:12:43.079 syndicated radio show in the country, you know, that doesn't 2288 02:12:43.119 --> 02:12:48.479 happen by accident. And you know, and his popularity, you know, 2289 02:12:48.800 --> 02:12:52.920 is due to his sincerity into what he does. You know, 2290 02:12:54.239 --> 02:12:56.600 this is not a game for Tom. This is his life, 2291 02:12:57.199 --> 02:13:01.319 and he cares about consumers. He cares by consumer rates 2292 02:13:02.000 --> 02:13:08.720 and and he zealously pursues remedies for people that have 2293 02:13:08.800 --> 02:13:12.039 been ripped off, you know, people that have been cheated. 2294 02:13:12.880 --> 02:13:16.319 You know, he's been taking your calls, he's been listening 2295 02:13:16.479 --> 02:13:21.880 to your concerns, and he's been answering questions and solving problems. 2296 02:13:22.319 --> 02:13:26.439 And we are happy to report that Tom will be 2297 02:13:26.520 --> 02:13:31.319 back in this chair, continuing his mission. We're very grateful 2298 02:13:31.359 --> 02:13:36.239 for that. Went an asset you know, to folks everywhere, 2299 02:13:37.119 --> 02:13:39.840 and Mark Major too, Mark has been with Tom what 2300 02:13:40.000 --> 02:13:41.520 twenty years something. 2301 02:13:41.239 --> 02:13:43.319 Like that, something like that, forever and ever and ever. 2302 02:13:43.439 --> 02:13:48.399 You know, and again, and Mark major shares Tom's passion 2303 02:13:48.920 --> 02:13:52.760 and that's why they've been such a successful team. 2304 02:13:53.279 --> 02:13:53.520 You know. 2305 02:13:54.840 --> 02:13:58.399 It's really it's really wonderful one. And I'm just privileged 2306 02:13:58.439 --> 02:14:01.760 to have been exposed to this little bit. And you know, 2307 02:14:01.800 --> 02:14:04.399 I've been down here as a guest a couple of times, 2308 02:14:04.960 --> 02:14:10.680 and you know, it's really compelling. You know, the passion, 2309 02:14:11.359 --> 02:14:18.199 the sincerity, you know, the focus, and so I am 2310 02:14:18.439 --> 02:14:20.600 I'm honored to be sitting in Tom's chair. 2311 02:14:20.800 --> 02:14:23.079 Frankly, Mark, I don't know if this is I think 2312 02:14:23.079 --> 02:14:24.800 that's a good time to ask you for a follow 2313 02:14:24.880 --> 02:14:27.680 up on a case that you called in or we 2314 02:14:27.760 --> 02:14:29.640 called you about a month and a half ago. 2315 02:14:29.920 --> 02:14:31.039 Okay, Now, I'm. 2316 02:14:30.920 --> 02:14:34.119 Used to lawyers in movies saying, hey, I can't comment 2317 02:14:34.199 --> 02:14:38.840 on pending litigations, so that's your out. But but to 2318 02:14:38.880 --> 02:14:41.880 the extent that you can answer or at least bring 2319 02:14:41.960 --> 02:14:44.359 us a little bit up to date on this. You 2320 02:14:44.399 --> 02:14:46.800 may recall about a month month and a half ago, 2321 02:14:46.840 --> 02:14:51.319 a lady called us because her husband unfortunately died as 2322 02:14:51.359 --> 02:14:54.319 a result of choking, and she found out that he 2323 02:14:54.560 --> 02:14:56.680 had an accidental death. 2324 02:14:56.520 --> 02:15:00.279 Policy through his employer, and I can tell you about 2325 02:15:00.279 --> 02:15:03.399 that case, but we need to take a quick break. 2326 02:15:03.640 --> 02:15:04.399 We can't take it. 2327 02:15:04.479 --> 02:15:05.079 I can't wait. 2328 02:15:05.560 --> 02:15:08.479 So stay tuned and you're going to hear about a 2329 02:15:08.520 --> 02:15:12.640 real life circumstance on a life insurance denial. We'll be 2330 02:15:12.720 --> 02:15:26.720 right back after the break. As a guitar player myself, 2331 02:15:27.479 --> 02:15:31.199 I just love that lead guitar. This is Marco Bendinelli 2332 02:15:31.279 --> 02:15:34.399 from the Bendinelli Law Firm, filling in for Tom Martino 2333 02:15:34.479 --> 02:15:35.279 and Mark Major. 2334 02:15:36.479 --> 02:15:38.359 Please to do so, honor, to do so. 2335 02:15:40.199 --> 02:15:44.920 Prior to the break, Deputy Dmitri asked me a question 2336 02:15:45.159 --> 02:15:50.000 about a prior case, which I will answer. However, we've 2337 02:15:50.039 --> 02:15:52.920 got a caller on the line who has a question 2338 02:15:53.640 --> 02:15:59.000 for our special guest, Gary millsbah a retired I said, 2339 02:15:59.000 --> 02:16:02.680 retired police officer. Us are previously and that's not inaccurate, 2340 02:16:02.800 --> 02:16:06.920 but he was actually a lieutenant, and you know there's 2341 02:16:07.119 --> 02:16:10.840 some honor and distinction that comes with that. So that 2342 02:16:11.199 --> 02:16:15.119 is who Gary Millspaw is. He's a retired lieutenant from 2343 02:16:15.159 --> 02:16:18.600 the Aurora Police Department. And we have Pat on the 2344 02:16:18.680 --> 02:16:21.520 line who has a question for Gary. 2345 02:16:21.720 --> 02:16:28.319 Go ahead, Pat good afternoon, gentlemen. Hey, in watching a 2346 02:16:28.359 --> 02:16:32.079 few of those late night police shows, a lot of 2347 02:16:32.079 --> 02:16:34.920 people don't have driver's license when they pull them over. 2348 02:16:35.440 --> 02:16:36.639 How prevalent is that? 2349 02:16:38.680 --> 02:16:41.479 Actually, it's not that prevalent, to be honest with you. 2350 02:16:41.879 --> 02:16:44.079 I mean, most people that we contact, if I had 2351 02:16:44.079 --> 02:16:46.200 to give you a percentage was they did have in 2352 02:16:46.239 --> 02:16:49.920 fact the driver's license. Oftentimes it's an expired driver's license. 2353 02:16:50.360 --> 02:16:54.760 Oftentimes it's a suspended driver's license they have or revoke 2354 02:16:54.879 --> 02:16:58.000 driver's license. That we find out obviously when we run 2355 02:16:58.000 --> 02:17:01.840 it through the database. But as far as people just 2356 02:17:01.879 --> 02:17:05.559 having no valid driver's license period, it's it's kind of unusual, 2357 02:17:05.639 --> 02:17:08.799 but these stakes are a lot higher if you have 2358 02:17:08.879 --> 02:17:12.399 a revoked or a suspended license for a variety of reasons, 2359 02:17:12.680 --> 02:17:17.479 to pay child support DUIs in the past, whatever the 2360 02:17:17.520 --> 02:17:20.559 case may be. Versus a person that just does not 2361 02:17:20.680 --> 02:17:24.360 have a valid driver's license, it's a much lower offense. 2362 02:17:25.959 --> 02:17:29.239 Okay, Okay, Well I just wonder what about people with 2363 02:17:29.319 --> 02:17:30.040 no insurance. 2364 02:17:30.959 --> 02:17:34.680 Yeah, we do come across a lot of that. Unfortunately, 2365 02:17:34.680 --> 02:17:39.559 with that, yes, there is a lot larger population that 2366 02:17:39.639 --> 02:17:44.159 does not have valid driver's license or valid insurance. Oftentimes, 2367 02:17:44.159 --> 02:17:46.639 as you would figure we find that out not only 2368 02:17:46.799 --> 02:17:50.280 traffic stops, but primarily at accident scenes. 2369 02:17:50.719 --> 02:17:51.000 Gary. 2370 02:17:51.079 --> 02:17:53.840 What percentage of the driving population out there would you 2371 02:17:53.879 --> 02:17:54.760 say is uninsured? 2372 02:17:55.799 --> 02:17:57.879 Well, as far as the contacts that I would have, 2373 02:17:58.799 --> 02:18:01.399 I'm just going to say from personal context, I would 2374 02:18:01.399 --> 02:18:03.600 say about forty percent and maybe a lot higher. 2375 02:18:03.639 --> 02:18:03.959 Wow. 2376 02:18:04.120 --> 02:18:05.680 What yeah, wow? 2377 02:18:06.079 --> 02:18:13.319 Shots, Yeah, yeah, that's why we pay uninsured motorists coverage 2378 02:18:13.319 --> 02:18:15.360 and underinsured motorists coverage. 2379 02:18:15.600 --> 02:18:17.920 Well, Pat, I'm gonna jump in there on that comment. 2380 02:18:18.079 --> 02:18:23.280 Hold on a second here, Listen, that is the most important, uh, 2381 02:18:24.040 --> 02:18:27.000 part of everybody's car insurance policy. 2382 02:18:27.120 --> 02:18:31.840 And rarely do people know that h M. 2383 02:18:32.000 --> 02:18:36.040 We call it UM which is uninsured and underinsured motorists. 2384 02:18:36.520 --> 02:18:40.399 That is absolutely the most critical part of your car 2385 02:18:40.440 --> 02:18:45.879 insurance because if that coverage steps into an AT steps 2386 02:18:45.879 --> 02:18:48.639 into the shoes of an at fault. 2387 02:18:48.280 --> 02:18:50.040 Party, that may injure you. 2388 02:18:50.760 --> 02:18:54.639 So really, if they are uninsured, or if they have 2389 02:18:54.719 --> 02:18:59.040 state minimums twenty five thousand, uh, you know, then your 2390 02:18:59.360 --> 02:19:03.200 UM coverridge kicks in. And I've you know, being a 2391 02:19:03.200 --> 02:19:07.319 personal injury lawyer for thirty years, you know, I've seen 2392 02:19:07.360 --> 02:19:10.760 some tragic things, some terrible things, and that M check. 2393 02:19:12.079 --> 02:19:15.680 Sometimes people you're more likely to be disabled in a 2394 02:19:15.799 --> 02:19:22.120 car accident than anything else. And that M check is 2395 02:19:22.760 --> 02:19:27.559 the last check people see before they get some security disability. 2396 02:19:27.600 --> 02:19:31.799 And so anybody that's listening, all the listeners, it is 2397 02:19:31.840 --> 02:19:36.200 the most important part of your car insurance policy. And 2398 02:19:36.239 --> 02:19:39.680 you know, and don't listen to the hype. Got fifteen minutes, 2399 02:19:39.760 --> 02:19:42.680 say fifteen percent on your car insurance. That is not 2400 02:19:43.040 --> 02:19:47.120 the place to be saving money, you know, and people 2401 02:19:47.200 --> 02:19:54.120 don't know that until you know, tragedy strikes. And so anyway, 2402 02:19:54.360 --> 02:19:59.920 we thank you for listening. I appreciate Tom the esteemed 2403 02:20:00.239 --> 02:20:04.600 respected hosts Tom Martine and Mark Major allowing me to 2404 02:20:04.719 --> 02:20:08.200 fill in. Uh, we'll be back at you tomorrow morning. 2405 02:20:08.479 --> 02:20:11.559 Make sure you're listening. Save all your problems for us, 2406 02:20:12.000 --> 02:20:13.479 keep keep your dial tuned. 2407 02:20:14.079 --> 02:20:15.799 We'll see us soon. Thank you,