The Troubleshooter 10-21-24

Episode Transcript

Speaker 1 (00:05):
Ripped up.

Speaker 2 (00:07):
News.

Speaker 1 (00:08):
You need advice so you don't happen. You'll come running
just as fast as we can. Shooter's gonna help come.

Speaker 3 (00:18):
Man Dix is the Troubleshooter Show.

Speaker 4 (00:22):
No Tom Martino, Hello, Tom Martino here, Welcome to the
show as we kick off a beautiful fall week in
Colorado and around the country. Of course you're joining me
probably on one of those. Of course, we have our
wonderful audiences on our flagship station KHOW, and that we

(00:43):
have our affiliate in Colorado Springs, Cardio. We also have
wonderful people around the country on the iHeart iHeart app
and YouTube and my YouTube warns. And then I'm gonna
bring up John Fuller. Now, John, look pretty? John, is
you're looking good? I'm hoping John can hear John. I
don't see you were acting, but in any cases, Hee

(01:03):
up on the access John Fuller Fuller Law, and he
is with us and he will be acting as our
expert today for personal injury and all of that. I'm
gonna take him off camera until he knows we're on.
So somehow he's not hearing me. So three oh three
seven one three talks seven one three eight two five
five Hey.

Speaker 5 (01:23):
Dragon or Shannon, is he on Access today?

Speaker 4 (01:25):
We did not know he would appear that way, so
we did not show up.

Speaker 6 (01:30):
Do you know what's that?

Speaker 7 (01:32):
Well, we did not know he was joining us via Access.

Speaker 6 (01:36):
Do you know what's what he's going to be on?

Speaker 4 (01:37):
No? I actually don't. I thought that was all worked out.
I'm really sorry. But you know what I can do.
I can probably bring up his audio on this during
a break, So I'll just do that three oh three
seven one three talks seven one three two five five
if I think I can take him with uh?

Speaker 2 (01:52):
With you?

Speaker 6 (01:53):
Do have him? Okay? Good? Good, good good?

Speaker 5 (01:56):
And then I'll bring him with in a mid morning. Okay,
let me let me bring you up here.

Speaker 4 (02:00):
I'm sorry I had you and I saw you picking
your nose and doing whatever else you were doing.

Speaker 5 (02:06):
What John?

Speaker 6 (02:07):
You're looking good, bro?

Speaker 4 (02:09):
And now I want to talk about something that's been
on my mind because so many people call me. And
I had a friend call you over the weekend. She
was shocked you answered your phone. She called your regular number.
It was about her daughter. You probably would call it Auntie.
So what happens when people don't know? Now they anticipated

(02:33):
a problem because she's smart she's not looking for trouble,
but her daughter was rammed rear ended, and there's no
immediate problem.

Speaker 5 (02:43):
But she wanted to talk to you. Is that stupid? Smart?

Speaker 4 (02:45):
What do you do? In other words, you don't have
an immediate problem, but you just got rammed, but thirty
miles an hour and the last thing you want to
do is have something show up a week later and
you haven't made any prep.

Speaker 5 (02:57):
So what do you do in a case like that?

Speaker 8 (02:58):
John, Well, sometimes you have a problem and you don't
even know you have a problem. So that was the
situation with this young lady, is that she had just
been in an accident. She didn't go to the er.
She wasn't sure if she needed medical care or treatment.
Her car was jacked up, it could still be driving
or driven. You know, she just didn't know kind of

(03:20):
what the next steps were, yes, exactly in scripting out
a plan of where to go, what to do, what
are the next steps?

Speaker 6 (03:28):
Who you know? Who are you going to talk to?

Speaker 8 (03:30):
All of these things that people just don't know when
they get in an accident. And you know, I do
this every day, but most people don't. And so so.

Speaker 5 (03:40):
What do you do?

Speaker 4 (03:41):
I mean, in other words, if you don't have anything
going on right that minute, what do you do.

Speaker 6 (03:49):
As a victim of a crash.

Speaker 4 (03:51):
Yeah, you don't have an immediate pain, but you know
you've been hit. You're not looking, like I said, I
always say this, you're not looking for trouble, but you
know you've just been hit thirty miles an hour from
the band.

Speaker 6 (04:04):
Yeah.

Speaker 8 (04:05):
Well listen, if you're hit thirty miles an hour from
the back, the chances of you walking away and thinking, Wow,
there's nothing wrong with me whatsoever, is very very slim.
And in this particular case, the young lady was banged
up pretty good, and you know, she just wasn't sure
if she needed to go from work that day to

(04:25):
seek medical care or if it was something she could
get an appointment in a few days and go get
checked out. And I helped her understand that, Look, the
most important thing for your health is to go and
get checked out, because you just don't know what the
impact of the accident might have been.

Speaker 6 (04:41):
And you're always better getting checked out.

Speaker 8 (04:43):
But number two, that you know, this is a you know,
you just cracked the surface of a whole.

Speaker 6 (04:53):
You know, this this thing.

Speaker 8 (04:55):
That you're going to go through and there's going to
be different sets of eyes on what you do from
this day for and so you know, in my business,
I know that if you delay going to the doctor,
you know, let's face it, somebody that has kaiser right now.

Speaker 6 (05:08):
If you call and say, hey, I need a new appointment.

Speaker 8 (05:10):
I was just in a car accident and I'd like
to see my doctor. Well they're scheduling things four and
five and six weeks out for first appointments, right, and
that is fatal for your crash.

Speaker 6 (05:21):
I mean it's fatal.

Speaker 8 (05:23):
You're going to be accused of either not being hurt entirely,
lingering and waiting around to go and get checked out,
or any number of other things that couldn't be further
from the truth. I don't that's just not okay in
my book. If you're hurt, we either need to get
you to an emergency room or an urgent care or

(05:45):
something along those lines to get you checked out today
so that we know if there's anything that truly is
an emergency, and if not, then we at least know
how to script out the rest of your care and
make decisions along those lines.

Speaker 4 (05:58):
John Fuller, Now we're going to go to the phone
because This looks pretty serious. John, you'll be up, so
don't pick your nose and we'll talk. We'll talk to Jennifer. Jennifer.
This sounds pretty serious. What's happening, Jennifer, Guys, help me

(06:19):
out here.

Speaker 6 (06:20):
Well, we can only help so much.

Speaker 4 (06:22):
Okay, So she's not there, all right, we'll check on her. Okay,
check on that line. She was going to talk about
sexual assault.

Speaker 6 (06:32):
Let me explain something.

Speaker 4 (06:32):
Sexual assault, sexual harassment. They are different things. They are
injuries of sort, but in general, John, what kind of
damages do people seek when they've.

Speaker 8 (06:46):
Been We're getting a lot of somebody else's on this line.
Tom on the hmm.

Speaker 5 (06:52):
Okay, I don't hear anything.

Speaker 4 (06:53):
I don't know why that would be on your access
if you're getting audio, John, I really don't know why
that's happening. Seriously, So you're you're hearing other voices?

Speaker 6 (07:05):
John, Oh, I think I know what it is.

Speaker 4 (07:07):
Hold on, Okay, it might be your YouTube or something,
or it might be something else you have feeding through.

Speaker 5 (07:12):
Anyway, we have Jennifer about it. Okay, you're all right, John,
We'll take Jennifer.

Speaker 6 (07:17):
Okay, got it.

Speaker 4 (07:18):
Jennifer. Hi, Jennifer, what's going on? This sounds sounds pretty serious.
Now let me explain something. I mean, not that it matters,
I mean it's it's important. Though you mentioned or the
call screener says assault, and there's a difference between assault
and harassment, A fine a fine line.

Speaker 5 (07:34):
Was this an actual full out assault?

Speaker 4 (07:37):
It was? Wow? Okay, now without for the beginning here
giving names and companies, tell us what happened?

Speaker 9 (07:46):
So it so there's two different occasions, yes, or I
guess there's two different days. So the first is this
customer came on to my.

Speaker 5 (07:57):
To my work.

Speaker 9 (07:58):
It was just a normal interactions and what kind.

Speaker 4 (08:01):
Of without like I said, in general, what kind of work?
Was it a walk in store retail or what.

Speaker 10 (08:10):
Kind of like that?

Speaker 9 (08:11):
So I sell like automobiles.

Speaker 4 (08:16):
But it was out Yeah, all right, So customer walked walked,
walked in and what happened?

Speaker 9 (08:22):
Yes, it took him out, showed him some of our items.

Speaker 10 (08:27):
He was kind of very.

Speaker 9 (08:29):
Cocky, I would say, just.

Speaker 4 (08:32):
His eyes.

Speaker 10 (08:32):
He bought it.

Speaker 9 (08:33):
He knew better than I did. So he left for
the day, came back the next day. I was in
the store with my manager. We were counting cash, and
then I told him that he would have to wait
or he could go out with my other assistant manager
to go find whatever he wanted. And he's like, no,
I'm you know I want you. So it became this fixing.

(08:57):
So he waited for thirty minutes almost for me to
get done counting this cash, and then we went out
on a lot, started looking at what we wanted to
look at, and then it kind of just got progressively
more uncomfortable.

Speaker 4 (09:12):
He was like rubbing, Now you were showing let' taye
so Jennifer. So he comes up, he's waiting for you.
Then you walk you and him, you're walking out on
the lot, yes, sir, okay?

Speaker 9 (09:24):
Then what and then as we're as I'm showing him
the items, he starts getting more pushy, I guess, telling
me and like.

Speaker 4 (09:37):
Again like what kind of stuff was he And I'm
not trying to be you know, weird here, I'm just
trying to find out, like you were uncomfortable, clearly did
he touch you?

Speaker 11 (09:49):
He did?

Speaker 9 (09:50):
And so at first he put his arm around me,
almost like a friend thing, put his arm around my shoulder,
and then it got to the point where he was
like telling me to bend down like almost like doo
squats for him. Why And then on.

Speaker 4 (10:04):
Our way back wait, wait, when he put his arm
around you, did he say, hey, I Hey, Jennifer, thank
you so much that I really appreciate the information. Or
was it just like just touching you.

Speaker 9 (10:15):
It was just touching me.

Speaker 4 (10:16):
And was his arm like around your shoulder, parder around
your waist at.

Speaker 9 (10:21):
This point it was just my shoulder like okay.

Speaker 5 (10:24):
And was it one hand on his shoulder.

Speaker 4 (10:26):
Was it one hand on his shoulder or was he
wrapping his arm up around your back on your other shoulder?

Speaker 9 (10:33):
It was like up around like wrapping his arm around
my back, on my shoulder.

Speaker 4 (10:38):
And did you say anything at that point?

Speaker 11 (10:41):
I didn't.

Speaker 9 (10:42):
I kind of just kind of it was like scooting
away from him, okay.

Speaker 4 (10:46):
And then and then so did you as you were
scooting away? Did his arm come off your shoulder or
did he follow you with his arm?

Speaker 9 (10:56):
He stayed where he was, his arm came off my shoulder.
And then the making our way back inside.

Speaker 4 (11:02):
Then okay, and then okay, got it, So you scowed
it away. I wanted to moved away from him, and
then I'm making notes here, okay. So then then then
you were you started going back to the office.

Speaker 9 (11:19):
Yes, And as we were walking back into the office,
he was walking behind me and then came up by
like behind me and was rubbing my shoulders as we're
walking inside.

Speaker 6 (11:33):
Then when did he say, can you do squats for me?

Speaker 9 (11:36):
So he was doing that at the trailer. He did
it numerous times, but it wasn't like he wasn't so
he didn't physically tell me to do squats yet that
was inside.

Speaker 4 (11:47):
Okay, So when you got inside, how to go ahead? Sorry?

Speaker 9 (11:51):
So he was just asking me like how much he
can put in? So I'll just say I was I
sell trailers, so cargo trailers dumping. So on these trailers
there are ven numbers and how much they weigh, how
much you can put in to them. So he kept
asking me to bend down and tell me like what
it is, but he already knew because he was telling

(12:14):
me that.

Speaker 5 (12:14):
Did he actually say.

Speaker 4 (12:16):
He didn't say, look at the cargo tag and tell
me what it can hold. Or did he say can
you bend down and tell me or can you bend over?

Speaker 9 (12:25):
No, he said look at how much? Does this one way?

Speaker 11 (12:29):
Yeah?

Speaker 4 (12:30):
But but not like I'm trying to get a sense here.
But he didn't like say Hey, Jennifer, can you bend
over and see and read that tag for me or
or squat or any did he.

Speaker 9 (12:44):
It would be how much does this one way? How
much does this one how can help?

Speaker 4 (12:48):
Okay, but you took that to mean he wanted you
to bend over or squat.

Speaker 9 (12:53):
For the way that his tone was and then the
way that the day kept going.

Speaker 12 (12:58):
Absolutely okay.

Speaker 4 (13:00):
I want you to hold on.

Speaker 9 (13:00):
You didn't think anything of it until it kept going,
so yeah.

Speaker 4 (13:04):
So far it's pretty disgusting, but not assault.

Speaker 6 (13:07):
But hold on.

Speaker 4 (13:08):
And then we have our personal injury attorney, John Fuller
on as well. So hang on, Jennifer.

Speaker 5 (13:12):
Please this this, this is.

Speaker 6 (13:15):
Weird and something we probably want to look into.

Speaker 4 (13:17):
I'm Tom Martine three oh three seven one three talk
seven one three eight two five five. I got to
tell you about water Pros, the best water system at
the lowest prices, this combination system. I don't think there'll
ever be a deal like this again with a plumber.
It'd be like, honest to god, fifteen grand really whole
house water conditioning, whole house softening, whole house and reverse

(13:38):
osmosis at the kitchen sink three one ninety five thirty
one ninety five. Unfreaking believable. I have the system unbelievable
and you will love it. Waterpros dot net three.

Speaker 5 (13:50):
O three eight six two five five five four.

Speaker 4 (13:56):
Go with a sure thing Denver's best rufer excel Rufie
dot You.

Speaker 13 (14:00):
Don't pay a cent until you're content.

Speaker 4 (14:06):
Time for an insurance check up free, no obligation comparison
call Compass Insurance paying too much your coverage at dozens
of insurance companies find out now three oh three seven
seven to one.

Speaker 6 (14:16):
Help.

Speaker 4 (14:16):
You'll think you're his only customer when you choose Frank
durand the real estate Man dot com to list your
home with Remax Alliance three oh three nine two zero
sixteen twenty two. Hi Tom Martino, your troubleshooter three O
three seven one three talk seven one three eight two

(14:37):
five five.

Speaker 5 (14:38):
So we're hearing a very interesting story.

Speaker 4 (14:41):
I'm going to bring up John Fuller again here and
he's with us, and we're here. Here's the thing. Yeah,
it doesn't sound good, that's for damn sure. We have
a woman who works on a lot selling trailers and
a guy came in put his arm around her. That's weird, Okay,
Now she could have said. And again a lot of

(15:03):
people say you should say and make it clear, and
I don't think women should have to, but they you say,
by the way, I prefer.

Speaker 6 (15:14):
You not touch me. That's unwelcomed.

Speaker 4 (15:19):
Again, there can be harassment, and obviously there's assault without
making a proclamation, but that's always best. Now, you went inside,
but on the way, he was asking you to can
you look and see what this weighs in that ways?
And he was She kind of got the impression he
wanted her to bend down or bend over. So when

(15:39):
does the assault take place, Jennifer. We're not trying to
be tilating here, We're trying to truly discern what is
going on.

Speaker 5 (15:47):
So when you got into the office, what happened?

Speaker 9 (15:51):
So, first of all, that was more of it. So
when we got into the office, I actually my manager
told my told this customer that it was lunchtime, so
he had to come back because it was like a
mandatory lunch. He got upset about it, but he left.

(16:11):
At this point though I told my manager that I
felt super uncomfortable with him. This was all on camera
in our lobby. Two other employees so heard it, So
a total three employees heard the fact that I felt
uncomfortable around this person. He left where I left, went

(16:35):
to lunch, came back, and he came back for his
amployment at two. At this point in time, I start
helping him, and all three male employees leave the office
and I'm left alone with this person after I've already

(16:56):
told my manager that I didn't feel comfortable, because my
manager even said, okay, well, we'll make sure that you're
not left alone, and then they left me alone with him.

Speaker 4 (17:05):
By the way, physical contact, I'm looking this up of
any non consensual nature. It doesn't have to be you know,
in delicate or unseen places or genitals or anything. Just
touching could be considered a form of assault. John, did
you know that?

Speaker 6 (17:23):
Yep?

Speaker 4 (17:24):
Yeah, wow, Okay, So what happened then, Jennifer, Well, so now.

Speaker 9 (17:29):
We're in my office doing paperwork and he gets to
the point where he's at one point he is telling
me to I'm doing his paper work. We're going over
the invoice, trying to get everything that he wants on
this trailer done.

Speaker 4 (17:44):
We're talking about, by the way, when he came back
and the boss was leaving and you were going to
be alone, could did you mention, Hey, I don't feel
I'm private leader, your boss.

Speaker 5 (17:54):
I don't feel comfortable being alone with this guy.

Speaker 9 (17:58):
I didn't. And the only reason I say so I
and I'm not gonna sugarcoat it. I am a victim
of past sexual bold and childhood trauma. So I'm very meek.
When it came comes to it, I was scared. I

(18:18):
didn't know how and I'm not going to be a
shame to say it. I didn't know how to say no.
I didn't know how to stout my life.

Speaker 5 (18:25):
I understand what you're saying.

Speaker 4 (18:26):
You were so uncomfortable from past experiences that you just
didn't want to bring attention to it.

Speaker 9 (18:32):
And that's more of.

Speaker 11 (18:33):
What it was.

Speaker 9 (18:34):
And on top of it, my childhood trauma. The thing
with this is this person his name was the same
person of my childhood trauma. It was it was a
It brought everything back, which sounds horrible. I mean, I
don't mean to like so.

Speaker 4 (18:50):
But when he came back, did he do anything to you?
When he came back to the.

Speaker 13 (18:53):
Office, that's when.

Speaker 9 (18:55):
So this is when it actually everything really happened. So
when he came to the offic this the first one
was we were talking about the spare tire, and he
basically this is when he told me that I can
come over to his house and do squats to pay
off the spare tire.

Speaker 4 (19:09):
Wait wait, whoa, whoa, whoa, Okay, hold on, hold on now,
now what do you mean by that? So, so, what
do you mean spare tire? And what do you mean
pay it off? And all that tell me what you're
talking about.

Speaker 9 (19:19):
So the spare tire for his trailer, I want to say,
was close to four hundred and I think it's four
hundred and sixty five dollars.

Speaker 4 (19:29):
So you said, if you order this trailer, a spare
is going to cost you an extra four hundred bucks.

Speaker 9 (19:35):
Yeah, So here's trailers on our lot and to add
the tire on. So as we're looking at the invoice,
all I do is I have to just take this
stuff off of his invoice.

Speaker 4 (19:46):
Is this a trailer that he's buying from you that
was on your lot?

Speaker 9 (19:51):
Yes, it's a dump trailer that was on our lot.

Speaker 4 (19:53):
Okay, were and he did not he did not want.

Speaker 5 (19:57):
The spare or he wanted a spare.

Speaker 9 (20:01):
He didn't want to pay for this spare. So he
told me that if so Basically, if he's going to
pay for the spare, then the way that it was
going to be paid off is by me coming over
to his house to do.

Speaker 4 (20:12):
The only way I'm going to pay for that spare
is if you come to my house and do what.

Speaker 9 (20:17):
Squats and other things.

Speaker 6 (20:22):
Wow.

Speaker 4 (20:23):
Yeah, that's disgusting. I'd be pissed off. So you should
have just said, sir, I think you should leave.

Speaker 6 (20:29):
But what happened.

Speaker 9 (20:30):
I wanted to, but I mentally I can do it.

Speaker 5 (20:32):
Okay, Okay, I got it.

Speaker 9 (20:33):
There's one point where he does grab my wrists and
he says, to f and do it?

Speaker 5 (20:40):
Whoa whoa, whoa whoa, to wait wait to e f
and do it?

Speaker 4 (20:43):
Do what?

Speaker 9 (20:44):
So to hurry up and get his paperwork done because
in his eyes now it's just taking too long.

Speaker 6 (20:52):
Geez, did you start feelings?

Speaker 5 (20:55):
He grabbed a like hard, like like or or like.

Speaker 11 (20:58):
Gentle It was gentle like and and he so he.

Speaker 4 (21:03):
Gently puts his hand on on your wrist and says,
just effing do it.

Speaker 9 (21:09):
Yeah what?

Speaker 6 (21:12):
Okay?

Speaker 9 (21:14):
So I finished his paperwork, We get everything, and at
this point I'm just feeling more uncomfortable. So I tell him,
let's go see if your trailer is ready. So we
walk outside, walk towards his trailer. His trailer is all
the way in the back, not all the way in
the back, but like midyard in the back. So all

(21:36):
of my guys are in like our PDI area with
the cameras show them, but it doesn't show where I'm at.

Speaker 4 (21:44):
So did you did your office have a camera at
all or any recording equipment?

Speaker 9 (21:50):
So the office does, but it doesn't show. So and
that's one of my biggest problems that I'm having right
now is my corporate office did not release all of
the camera footage.

Speaker 4 (22:04):
Well, okay, are they thinking you're overreacting? I mean, what's
what's your gut feeling? Are they thinking you're overreacting?

Speaker 9 (22:11):
I think my feeling is they are just protecting themselves.

Speaker 4 (22:15):
Okay, I want you to hold on. I want to
get John Fuller's perspective on this, and that that's that's strange.

Speaker 5 (22:23):
I mean, it is and I'm not sure how.

Speaker 4 (22:26):
To take it. It's I mean, it's obviously unwelcomed and wrong.
I don't think anyone has to be told don't say
that to me. When he says, hey, if I'm going
to get the spait tired. The only way I'm getting
that is you've come over to my house and do
squats and other things that that that's just I mean,
that's off base. It is it's it's off base, even

(22:50):
for a presidential candidate.

Speaker 6 (22:52):
Hold on a second, I'm.

Speaker 4 (22:54):
Just kidding around. I shouldn't kid Actually, I'm sorry about that.
Really I shouldn't kid about this. Let's let's talk about
this though. Hold on, I'm Tom Martino three three seven
one three talk is our number and eight eight eight
heating dot com speaking of the cold coming. They do
the deep clean and they're honest. They've been with us

(23:15):
twenty years plus. They specialize in high efficiency units. If
you ever need a replacement eight eight eight heating dot com,
go with a sure thing Denver's best roofer Excel Roofing
dot Com.

Speaker 13 (23:34):
You don't pay a cent until you're content.

Speaker 4 (23:39):
Time for an insurance checkup free no obligation comparison call
Compass Insurance paying too much your coverage at dozens of
insurance companies find out now three all three seven seven
to one help. You'll think you're his only customer when
you choose Frank durand the Real estate Man dot com
to list your home with Remax Alliance three all three
nine two zero sixteen twenty two. Hi Tom Martine here

(24:05):
three oh three seven one three talk seven on three
two five five. All right, Tredana, I want you to
hang on, but because I want to finish up with
Jennifer and see what we can do, if anything. John
Fuller Fuller Law, let's uh go to John. And John,
what I'd like to know is you've heard this story.
Put on your hat as a prosecutor or not, you know,

(24:27):
as somebody who sues people and and you may not
handle a sexual assault, personal injuries and stuff like that,
but you're still have the legal mind and handle these
things every day. So what is your take on what
she has told us? And for those listening, you can
go back and listen to the feed, But what.

Speaker 5 (24:44):
Do you take on this?

Speaker 11 (24:45):
John?

Speaker 6 (24:47):
Did it go beyond what we've heard so far?

Speaker 5 (24:51):
Well, don't you think?

Speaker 4 (24:52):
Okay?

Speaker 5 (24:53):
Oh wait, she said yes. But I want to ask
you something.

Speaker 4 (24:56):
Isn't it kind of unacceptable what's happened so far?

Speaker 6 (25:00):
Are John? Well? It is?

Speaker 8 (25:03):
I mean clearly that's not an acceptable response or environment
for an employer to put an employee into, you know,
that deal. However, I have to say, as a guy
that does this every day, one of the critical ingredients
that we would look at is damages.

Speaker 6 (25:19):
And so yeah, I'm waiting to hear.

Speaker 4 (25:21):
Okay, so what happened then? Okay, enoughset I totally agree
what happened then, Jennifer.

Speaker 9 (25:29):
So when we went over by his trailer, we were
over there and he it was more I was trying
to get out by the guys so that it wasn't
alone in the building anymore, just because the comments that
he was saying, which didn't help. The guys weren't paying attention.
When we were over by the trailer, it was almost

(25:50):
the same thing. He was like pushing my like my
shoulders down towards the trailer, so that I was more
or less bending down again.

Speaker 5 (25:59):
Wait, wait, how did he do that? Did how did
he do that?

Speaker 9 (26:02):
He literally pushed you, like aggressively, like putting his hands
on my shoulders and pushing me down towards the trailer, Yes.

Speaker 4 (26:10):
Down towards the trailer. What and why was he doing that?
When was he saying anything while he was doing it?

Speaker 9 (26:18):
Because at that point, I and this, so this happened
over a year ago. We just finished his case.

Speaker 4 (26:26):
Wait wait wait, wait, wait wait wait, but hold on,
hold on, one thing at a time. Okay, you told
me it was a year ago. But one thing at
a time. He was pushing you down. And then what
did you say anything at that point?

Speaker 11 (26:37):
I didn't.

Speaker 9 (26:38):
Again, it was all a sheer thing.

Speaker 5 (26:40):
Okay, Then what happened?

Speaker 4 (26:42):
Then what happened?

Speaker 9 (26:43):
I remember my my coworker did come over because he
was going to put on his plate, so it's temporary place.

Speaker 4 (26:51):
Well, what was the purpose of pushing you down? Did
he say, take a look at this or when he
was well, I don't understand. He's pushing you down. He
wants you to go down to look at the trailer.
Did he say anything, take a closer look.

Speaker 9 (27:05):
It was about the tires, because he said I could
have gotten the tires. So when his trailer came, it
had no tires on it, and that's what we were
waiting for, was his tires to be put on.

Speaker 5 (27:14):
You no tires or tires.

Speaker 4 (27:15):
He didn't want.

Speaker 9 (27:18):
All of our tires. All of our traders come with
the same tires, so he gets the same tires that
all the trailers have. But it was just having to wait.
So when he originally came, there was no like tires
on his trailer. By the time we went outside, the
tires were already put on his trailer, and so he
made the comment of I could have put them on

(27:38):
and he would have enjoyed watching me put on his tires.

Speaker 5 (27:44):
All right, So then what keep going?

Speaker 6 (27:46):
Keep going? Okay, keep going.

Speaker 9 (27:48):
When Destin came over, I remember he was one of
my coworkers. He was the one who gave the or
put the plates on. I remember giving him like this
look of almost like help me, kind of look. He
didn't really pay attention. He put the place on and
walked away. So at this point we're just kind of
talking about the trailer of like what's gonna happen as

(28:09):
far as them hooking up.

Speaker 14 (28:10):
This trailer.

Speaker 9 (28:13):
Cast making these clue comments of how they're not paying attention.
He could get me into one of these like cargo trailers,
and were standing by a cargo trailer about getting me
into one of the cargo trailers and nobody would know.
And I made the comment of it's too hot. It's
like trying to make a joke out of it instead

(28:34):
of it being like a.

Speaker 4 (28:37):
Yeah.

Speaker 9 (28:38):
So I'm standing now at the front of the trailer
and he's kind of behind me, and as I'm standing
there watching like the guys, hoping that one of them
would come over, he then kind of crosses my back
and as he's crossing my brack, he moved it down
touches my butt and then touches my vagina kind of

(28:58):
like hooks my vagina, and then I turn around real
quick and tell him I'm gonna go see if where
this progress is. And I walk away, and then I
go inside and I start crying.

Speaker 4 (29:10):
Wow, God, dang it. So he touched your buttox and
your vagina and then you should have just okay, Well,
I'm not going to tell you what should okay?

Speaker 5 (29:20):
You went to start grag? What did he do at
that point? Did he leave? Finally?

Speaker 6 (29:23):
Did you call help? What did you do?

Speaker 2 (29:25):
So?

Speaker 9 (29:26):
He So I'm inside, I start crying. I go to
the bathroomster crying, and then I go into like our lobby.
At this point, Dustin, one of my coworkers, comes inside,
sees me crying, ask me if everything's okay. I said,
he touched my butt. At this point, I didn't tell
anybody that he touched my vagina because that was more
just keep going.

Speaker 5 (29:47):
So so I want to know this. Did anyone say
anything to this guy or did he just leave?

Speaker 15 (29:53):
So that was more.

Speaker 16 (29:55):
Dustin was going to go.

Speaker 9 (29:56):
Out and kick his butt. I told him no, I
made Dustin stay inside. Well, I ended up going and
telling Chris that something happened. Chris came inside. I told
that's what happened. Ye, we called hr HR because Chris
didn't know what to do. He's my manager, all.

Speaker 5 (30:16):
Right, hold on, hold on, I'm ready.

Speaker 4 (30:17):
I'm ready. At to Jennifer, I'm trying not to rush you,
but at the same time where John is trying to
get a feel for what this is as far as damages.
So hold on, I'm Tom Martino three three seven one,
three eight two five to five. Go with a sure
thing Denver's best roofer Excel roofing dot com. You don't

(30:39):
pay a cent until you're content, wait time for an
insurance check up free, no obligation. In comparison, call Compass
insurance paying too much your coverage at dozens of insurance
companies find out now three all three seven seven to
one help. You'll think you're his only customer when you
choose Frank durand the real estate Man dot com to

(31:00):
list your home with Remax Alliance three all three nine
two zero sixteen twenty two. Hi, Tom Martsino three all
three seven one three talk three all three seven one
three eight two five five Jennifer, I do, I do
want to get to a point where we can give
you some recommendations. I want to know something in the

(31:23):
past year. What's been going on? You said this happened
last year? What's been going on the past year? And
you said you just finished with the case. Did you
sue this gentleman?

Speaker 6 (31:30):
What happened? I'm guessing they criminally prosecuted him?

Speaker 11 (31:33):
Did they?

Speaker 5 (31:34):
Did you report?

Speaker 6 (31:35):
Okay, so you did report it to police?

Speaker 9 (31:38):
I did, but it was more just the support of
the company.

Speaker 5 (31:40):
So I have yet to hear what I want to
know this did the police? Was he found guilty?

Speaker 9 (31:46):
So because of evidence or more or less because of
camera footage? How everything was set up, the footage that
my company sent, they got him with just the harassment charge.

Speaker 4 (31:59):
Okay, fine, so that's done. Now what are you calling
about today? Are you upset with the way the whole
thing was handled?

Speaker 9 (32:06):
Absolutely with my company? Even now, like I said, from
my like my HR department rolled me that day that happened,
and I haven't heard from them since. There was no Okay,
I'm the first female that was hired at this company
to work for.

Speaker 6 (32:19):
What do you want a law?

Speaker 4 (32:20):
What would you what would you have considered to be
acceptable from your company?

Speaker 9 (32:25):
I mean just checking in. There was no counseling, there
was no I've had to use my days off to
go to these courts that have been continuously put off,
and then I mean it's been a continuous there's just
no support at all. I've been like I feel like I've.

Speaker 8 (32:40):
Been Are you there?

Speaker 5 (32:41):
Are you still there, Jennifer?

Speaker 11 (32:44):
Yes?

Speaker 5 (32:44):
Okay, John. Does she have a case against her employer?

Speaker 6 (32:50):
You know, No, I don't think so.

Speaker 8 (32:53):
I mean, I unless there was an actor that was
part of the employer, and under these circumstances, I think
what you have is a failure to act. Well, you know,
it's it's that you know, maybe if if the damages
were greater and you could point to a failure of
the company to put in protective safeguards and stuff, then

(33:16):
I think that maybe you would have the grounds to
go forward. But I still didn't hear. I mean, did
it go beyond the touching that you described? To us, Jennifer, No,
I think.

Speaker 6 (33:30):
I mean that was bad enough. You know, I'm just
asking did it?

Speaker 8 (33:34):
I mean, she's she's saying they could only get the harassment,
which tells me that's push show touch. You know, that's
a that's a barely basic threshold misdemeanor type.

Speaker 6 (33:44):
You know case.

Speaker 8 (33:47):
Were there allegations that it went way beyond that. I
just need to know what you know this and we
can ask her that off the air.

Speaker 5 (33:53):
But right now, Jennifer, I don't know what you were
trying to accomplish.

Speaker 4 (33:56):
We'd be happy to talk to you about it. Go
with a sure thing Denver's Best for excel roofing dot com.
You don't pay a cent until you're content, wait time
for an insurance check up free no obligation comparison call
Compass Insurance paying too much your coverage at dozens of
insurance companies find out now three all three seven seven

(34:17):
one help. You'll think you're his only customer when you
choose Frank durand the real estate Man dot com to
list your home with Remax Alliance three all three nine
two zero sixteen twenty two.

Speaker 1 (34:33):
Ripped of red news.

Speaker 4 (34:36):
You need that so you don't have.

Speaker 1 (34:40):
Run in as fast as we can. Show Shooter's gonna help.

Speaker 3 (34:45):
Come Dick is the Troubleshooter Show. No Tom Martino, Hello.

Speaker 6 (34:53):
Tom Martino here, Welcome to the show.

Speaker 4 (34:54):
Three oh three seven one three talk three all three
seven one three eight two five five. Welcome to the show.
Our guest is John Fuller Fuller Law. He's a personal
injury attorney. If you look him up online and google him,
you'll see what he does. He helps people with car
accidents to get their rights basically so they don't ruin
their rights. And anyway, he's with us today. John, Welcome,

(35:16):
and I want to just go over something real quick.
I'm going to first take this call and then we'll
go over at the previous call because a lot of
people are asking what was what does she want?

Speaker 5 (35:24):
We don't know what she wanted.

Speaker 4 (35:25):
We really don't and I don't mean that in a
bad put down way, but we don't know what she wanted.

Speaker 6 (35:31):
We don't know what she's asking for.

Speaker 4 (35:33):
And a lot of times that's a problem, or not
a lot of times, it's always a problem.

Speaker 6 (35:38):
But I need to take Jordana.

Speaker 4 (35:39):
She's been waiting so long, and we have John Fuller,
whether she's talking about a car accident.

Speaker 5 (35:43):
Jordana, what's going on?

Speaker 10 (35:45):
Why? How are you good?

Speaker 5 (35:47):
I'm doing good and I hope we can help you.
What's going on?

Speaker 17 (35:51):
Okay?

Speaker 16 (35:52):
So well, I want to start about regarding my son's
accident that happened August seventh, Stiff, I get emotional. August
seventeenth of twenty twenty two. He actually got killed on the.

Speaker 4 (36:06):
Road on his Oh, oh my god, Oh my god.
So your son got killed in August of twenty twenty two. Yes, oh,
what happened?

Speaker 11 (36:18):
Sorry?

Speaker 16 (36:19):
He was on his way to get medicine for his
girlfriend and coming down the road a company truck fifty
to eighty seamless gutters. They are located hest minister the drive.
The driver of the truck turned to soon. My son
had to ride away. The truck turned to soon cut

(36:39):
him off and he ended up being pronounced ben.

Speaker 6 (36:43):
At the scene.

Speaker 4 (36:44):
So, Jordana, Jordana, I'm honest to God, my heart to
lose a child, I don't even have words, but I
need to ask them details. This was a commercial truck
that ran into your son, Yes, and it was eight
eight eight seamless gutters. Did you say no?

Speaker 5 (37:05):
Fifty to eighty. I'm sorry, I'm sorry, I heard.

Speaker 4 (37:08):
It fifty to eighty. Okay, I need to know this
was were they given a ticket?

Speaker 16 (37:15):
Not that night of that night of the of the accident,
they did not get a ticket. Nobody got arrested, No
one went to jail. They did do blood work on
the gentleman. Uh, yes, Hernandez, Yes, we came back three months,
three months later that he was yeah, three times the
legal limit of Oh.

Speaker 5 (37:37):
Was he arrested? Then was he arrested?

Speaker 3 (37:39):
Then they rolled out?

Speaker 6 (37:43):
Did you say you know what?

Speaker 4 (37:45):
Hold hold on? Hold on, danare Dana? I'm sorry, dear,
this is we need to know a lot of stuff
and we can't just gloss over it. So when you
said the driver's blood out, was it blood alcohol or
blood THHC?

Speaker 16 (38:03):
Blood THC was three?

Speaker 8 (38:06):
Is there a legal limit for that, John, Well, it's yes,
there is, but it's a very tricky thing because a
legal limit of THHC or any limit of THC doesn't
necessarily correlate to impairment.

Speaker 6 (38:20):
So that's still a very high limit. Though. Go ahead, ma'am,
tell me the rest of your story.

Speaker 16 (38:26):
Yeah. And so when we so in December early January,
we got letters saying that they are charging mister Hernandez
for an accident, but they are charging him for careless
driving and under the influence, So two separate charges under

(38:47):
the influence resulting in death. Two years go by if
we don't get to go to trial until two years later,
which just ended in August. The investor we had three
different witnesses on the stands on our side. One of
them was the eyewitness that witness the whole accident, the

(39:08):
second one was the officer on the scene after Daniel
McDonald's he was from West Minister Police Department. And then
we had a toxicology report on on our side to testify.

Speaker 4 (39:22):
Are you speaking Are you speaking of the criminal aspect?

Speaker 6 (39:28):
So far? Tom?

Speaker 4 (39:29):
Okay, so far? This is a criminal court.

Speaker 6 (39:32):
Okay. Did they convict him?

Speaker 8 (39:36):
Yeah?

Speaker 16 (39:37):
Okay, Well so it's it's a long well let me
say this. So when we went to trial, you know,
they actually ended up seating us in the same area
and in the same role as his family because they
didn't have no room. We got provoked during that time.
We wore my son's shirts, like you know, his picture

(39:58):
on the shirt we had. We had a picture frame
with us because we didn't know we were going to
go to immediate sentencing a week later. They the courts
told us to take off our shirts. They told us
to be they have to take ours because we're intimidating
the defendant. Okay, so and so let me go back

(40:19):
to a little bit when they had off to Daniel
McDonald testify on the stands. You know, it was very sloppy.
He didn't care.

Speaker 4 (40:30):
But your dana, are you if he was ultimately if
he was ultimately convicted, what are you tell me about there?
Rather than you know, these little little things in the trial.
What are you are you complaining about the ultimate outcome.

Speaker 16 (40:47):
Everything? We weren't. We weren't in the when the DA
was trying to put the charges on Hernandez. We were
not in the decision making of that. We had no
say anything. So they found him guilty of driving under
the influence for the second time. So this is a
second offense. And they found him not guilty on the

(41:10):
careless driving.

Speaker 8 (41:12):
Now wait, that's fine, not guilty. You've got a couple
of questions. Did they still found him guilty of the
UI causing dad? So they got I mean, that's that's
a big serious charge. Did he did you just pursue this.

Speaker 16 (41:28):
But that's he did have a child and he does
have a daughter, so that civil case against the company
is being you know, it's being pur stood by the
girlfriend and everything.

Speaker 5 (41:42):
No, no, Geordana, your dana, jrdana, hold on your dana.
Wait a minute. How old was your son?

Speaker 14 (41:50):
Thirty?

Speaker 5 (41:51):
Okay?

Speaker 16 (41:51):
And her next to kin?

Speaker 6 (41:53):
Okay?

Speaker 5 (41:55):
It wasn't your son. What what is it your son
or not?

Speaker 4 (42:01):
Yes, it's my son.

Speaker 5 (42:02):
Okay, your biological son.

Speaker 4 (42:04):
And he was married or or common law married, they
had a child together, and that woman, his spouse or
his significant other, is suing the company. Is that right?

Speaker 16 (42:17):
She is trying to pursue a lawsuit against the company.

Speaker 5 (42:19):
What what does that mean?

Speaker 4 (42:21):
Trying?

Speaker 5 (42:22):
Does she have an attorney?

Speaker 16 (42:24):
Lawyer?

Speaker 5 (42:25):
And did they file was an attorney? Did they file
a lawsuit?

Speaker 6 (42:31):
I'm sure they did tell me.

Speaker 11 (42:32):
I believe.

Speaker 16 (42:33):
I believe so, I believe. So it's just okay, I
just don't. The reason why I'm calling is I don't
feel like my son got justice. It's not about the money.
It's if they gave the defendant thirty days of health arrest.

Speaker 5 (42:50):
That was it for a dui causing death?

Speaker 16 (42:56):
Yes, sir, yes, that that's I'm speaking justice for my
son A two and my son like roadkill.

Speaker 5 (43:05):
Oh John, Is that unusual the thirty days of house arrest.

Speaker 16 (43:12):
On his second offense.

Speaker 8 (43:15):
Yeah, so, I mean, no, it's not. It tells me
that there was something going on with that prosecution. There
was some problem, some error. I mean, if it's just
that could be back to what we talked about earlier,
where the level of THHC is is certainly a problem,
but it's not necessarily indicative of impairment because it's you know,
the level of impairment on any given level of THC

(43:37):
could could equal a different level of impairment for you
or I or ten different people, and so it's challenging.

Speaker 6 (43:43):
So I don't know what happened in that case.

Speaker 8 (43:45):
What I can tell you is that hold on in
this in this circumstance, Jordana, you got to you got
to get your justice on the civil side of things.
Nobody's ever going to feel that you got justice is
strictly in the criminal side as a victim. That I mean,
you can put somebody in jail, but you can't ever

(44:06):
bring back your son. And the purpose of the civil
course is to balance the scales and bring back and
undo as much as you can what was taken away
from you and in this case, taken away from his
child because as a grown man and at thirty, he's
a grown king.

Speaker 5 (44:21):
But I have a question, John, the child, John, I
have a question.

Speaker 4 (44:25):
Does this woman as the mom, also have a civil
case against the company or just or does she not
have standing if she wanted to down the list?

Speaker 8 (44:35):
She's down the list this because he has a child.
That child is going to be the presumptive party to
bring the action. The only way that the mom would
be able to bring it would be if the child
or a spouse disclaimed the claim and chose not to
do it.

Speaker 5 (44:52):
But they don't both have claims. They don't both have.

Speaker 8 (44:55):
Okay, No they don't, so they don't, okay, So her
pursuit and to go ahead, yes, ma'am.

Speaker 16 (45:03):
On the so if you had a witness, which is
the lady that did the blood tests, she was a
specialist on the toxicology report. The DA asked her a question.
He said, did his driving that night? Did his level
of TC that night impair his driving? She said yes,
but that's.

Speaker 4 (45:23):
But he was he was convicted of that.

Speaker 5 (45:25):
See I'm not sure what more you want.

Speaker 4 (45:27):
He was convicted of that, but you feel he should
have gotten a harsher sentence.

Speaker 16 (45:34):
Yes, yes, I feel like you know, I'm not asking
him to do a life sentence, and as an accident
is an accident. But at the same time, he's back
driving the same truck, he's back working at the water company's.

Speaker 5 (45:47):
He's working for the same company.

Speaker 10 (45:51):
Yes, his his father owns the company.

Speaker 4 (45:55):
Oh well, that okay, all right, all right? John, Do
you do you have any advice for her, because Jordana,
I'm not sure there's anything anyone can do for you
other than the you know, the the spouse seeking damages
for the sun. But I don't Jordana, I don't think
you're going to get this case reopened. If that's what

(46:17):
you're trying to do. John, Let's give her the truth
at least right now.

Speaker 6 (46:23):
Yeah.

Speaker 8 (46:23):
The truth of the situation is that the criminal process
has run its course. For whatever reason, they got the
conviction that they got. If it went to trial, that
was the decision of a jury after hearing all the evidence.
I can't speak to the courtroom, theatrics, the shirts and
you know, wearing all that stuff, But you know, the

(46:44):
bottom line here is that that process is over, and
as a victim, you don't have the ability to go
back in and say, we want a more harsh sentence
or we want a more you know, serious charge. I
mean you have to leave that to the DA to
make those decisions. Yes, as a victim, you have the
right to be heard and to you know, participate at

(47:05):
every stage. But on the civil side, I mean that
the child is the presumptive party to be pursuing this.

Speaker 6 (47:11):
I'm glad they have an attorney. I'm glad they're pursuing it.

Speaker 8 (47:14):
I can't imagine that this person would be driving, but
with the family owning it, you know, that just seems crazy.
And I can't even imagine that their insurance company is
going to let that person drive for very much longer.
And that child should, based on what you've told me,
be very well taken care of by the time this
is all said and done.

Speaker 4 (47:34):
Yeah, and I hope they have a good representation. Listen, Jordana,
there's not much we can do. You can leave the
name of the attorney off the air. I'd like to
know who it is, just for the heck of it.
We can look them up I'm Tom Martine three three
seven one three TNKS seven one three eight two five
five Compass Insurance Groups. Speaking of insurance and speaking of

(47:56):
all of these terrible things that happen, make sure you're
you're well insured, or make sure you're not paying too
much for that insurance. Get a free insurance check up
three oh three nine ninety six nine thousand go with
a sure thing Denver's Best roofer Excel Roofing dot com.
You don't pay a cent until you're content. Time for

(48:20):
an insurance checkup free, no obligation. In comparison, call Compass Insurance.
Paying too much your coverage at dozens of insurance companies
find out now three oh three seven seven to one help.
You'll think you're his only customer when you choose Frank
durand the real estate Man dot com to list your
home with Remax Alliance three all three nine two zero
sixteen twenty two.

Speaker 5 (48:44):
Hey, I'm Tom.

Speaker 4 (48:44):
Martino three all three seven one three Talks seven one
three eight two five outlets. So Jennifer called in the
beginning of the show and she had a really I
think it was it was a terrible thing happened to
her at work and the guy was prosecuted, and I
want to know a couple of things here. First of all,
the guy was prosecuted, and she doesn't like the way

(49:07):
her company handled it. But basically the cops did charge him.
He did only thirty Wait, wait, that's the one. I'm sorry,
I'm sorry, I got it, Okay.

Speaker 5 (49:21):
So so she went.

Speaker 4 (49:24):
She was harassed and assaulted, and I believe was he
convicted of harassment? Yes, but you don't like the way
your company supported you, and you wanted to know if
there's anything you can do about it, John, what do
you think?

Speaker 8 (49:39):
Well, my thought was that you know, this was during
the courson scope of her employment, and so you know,
maybe the first avenue for you would be to pursue
a work compcase and try to get some of the
counseling and treatment that you think is warranted here or necessary.
You know, I don't really see a civil case here

(50:01):
against your employer. I don't do a lot of these cases,
but normally, when we have a case, there's a bad
actor in the employer, and that means a boss, a supervisor,
or whatever that's not really present here. What you're saying
is they failed to understand while you were being subjected
to bad things, but were incapable of articulating those to

(50:23):
your boss. I mean, you said yourself numerous times. I
didn't say anything. I didn't say anything. I didn't say
anything John.

Speaker 4 (50:30):
What about after? But what about after John? What about
after he was charged? I think she was hinting that
they didn't cooperate enough. They didn't give enough video, they
didn't give enough evidence. What about that?

Speaker 8 (50:43):
Well, they got a conviction, Jennifer, not of the assault.
It's just with the police or.

Speaker 5 (50:51):
What, Jennifer, you say they didn't cooperate fully?

Speaker 6 (50:54):
What do you mean? Exactly?

Speaker 9 (50:56):
So with the defense attorney. So when she called to
get more of the footage and stuff, they straight out
told her that they destroyed the footage, that they didn't
have it anymore for her to look at.

Speaker 5 (51:09):
Well, hold on, they told that to the to the
defense attorney.

Speaker 9 (51:14):
Right, So it's the same thing now if I it's
just like me telling all three my manager, my assistant manager,
and my other employee that I was uncomfortable and now
that footage has gone as well. So it's the same
thing that I'm feeling, where I feel like that information
that I'm telling them, and that.

Speaker 4 (51:34):
Would you do, John asked, what would you do with
the footage if you did have it?

Speaker 9 (51:39):
Well, I mean, I feel like that's proof that I
told them that I was uncomfortable and they still left
me in a situation.

Speaker 4 (51:44):
Where they they didn't cause it at all. You're saying
that it would show they were negligent. Absolutely, How would
show they were negligent.

Speaker 9 (51:54):
Any of this? So, before any of this actually took place,
there was already planned in place that one of them
would stay with me at all times, and none of
them did. They all left me.

Speaker 4 (52:07):
Wait wait, wait, they all left you way camera, Jennifer.
Wait they left you when when he came back?

Speaker 11 (52:15):
Right?

Speaker 9 (52:15):
So, when I told him I was uncomfortable with that man?

Speaker 4 (52:19):
Hold on, hold on, Jennifer, hold on. You told him
you were uncomfortable with that man? Yes, and then he
came back and they knew he was back, they knew
you had felt uncomfortable, and still did not accompany you. Right, Yes, Okay,
I'm trying to I'm trying to make that very clear. Okay,
So on the video, would it have had your audio

(52:41):
on there of you telling them that?

Speaker 9 (52:43):
Absolutely?

Speaker 8 (52:45):
They record say I'm not going out there with that guy.
You're going to have to send it, send another salesperson
out there.

Speaker 5 (52:52):
Yeah, yeah, I would you have said that here.

Speaker 6 (52:54):
But I'm really, I'm really trying to figure it out,
Like what what did you want them to do?

Speaker 9 (53:01):
So again, I mean, it's still the same.

Speaker 4 (53:03):
She wanted them to accompany her. She wanted them to
recognize she was uncomfortable without her having to formalize it
in the absence of that.

Speaker 6 (53:13):
But in the I know, I got that. But in
the absence of that, why didn't you not go? I mean,
why I get that they failed you.

Speaker 4 (53:23):
You could have said, Jennifer, you could have said, listen,
I told you I'm uncomfortable.

Speaker 5 (53:27):
I'm not going out there with that guy. You better
send someone else.

Speaker 6 (53:29):
Could you have said that.

Speaker 9 (53:32):
At what point when they were all gone and I
was left alone with him?

Speaker 4 (53:36):
No, the second time he came on to the lot,
you could have said, I'm not dealing with this guy.
I told you I was uncomfortable with him.

Speaker 9 (53:44):
When they all left and I was again alone with him, when.

Speaker 4 (53:47):
Did you Jennifer Jennifer, Jennifer, Jennifer, Jennifer, Jennifer, you gotta listen,
I'm asking this. The first time he came you told
him you were uncomfortable. Second time he came. Let me
ask you this. The second time he came, where were
your coworkers?

Speaker 11 (54:08):
They left?

Speaker 9 (54:09):
They went out by okay, they.

Speaker 2 (54:11):
Left before hold on, John, just wait please? Did they
leave before he arrived?

Speaker 10 (54:20):
Yes?

Speaker 2 (54:21):
Then how can they be blamed for leaving you alone
if they did not.

Speaker 9 (54:26):
Know he was coming coming back?

Speaker 13 (54:29):
Did they know what time he was coming back?

Speaker 9 (54:32):
Absolutely, they all knew he was coming back at two.
It was a scheduled thing.

Speaker 4 (54:37):
Okay, So they should have said, by the way, Jennifer,
that man is coming back at two. I'm going to
stay with you.

Speaker 10 (54:46):
Yes.

Speaker 4 (54:47):
Could you have said, guys, wait a minute, I need
someone to stay behind here because at two o'clock that
scary man is coming back.

Speaker 5 (54:56):
Could you have verbalized so.

Speaker 6 (54:58):
Too, and you guys are not here? Where the heck?

Speaker 5 (55:00):
Are you right?

Speaker 6 (55:01):
It's coming back?

Speaker 5 (55:02):
Could you have done that?

Speaker 9 (55:06):
I mean I could have, yes, But I was coming
back off of lunch and I literally talked in and
he was there.

Speaker 4 (55:13):
Okay, Jennifer, I know I'm not trying to Honest to God,
I'm not trying to attack you.

Speaker 6 (55:20):
I do believe you that you are uncomfortable.

Speaker 4 (55:22):
We're just asking these questions, because these are the questions
you will be asked if you tried to pursue something now.
So okay, so it's what do you want right now?
Have you ever pursued civil action against him personally? The
man John could?

Speaker 9 (55:41):
I don't have anything for him now they've destroyed all
the evidence. I have nothing to prove anything now, okay.

Speaker 5 (55:48):
So, Jennifer, how many how many.

Speaker 9 (55:52):
Times I have a phone call from the officer in him?

Speaker 5 (55:55):
How many times before?

Speaker 4 (55:57):
How many times before has this happened to you with
a sexual harassment or assault?

Speaker 9 (56:04):
I mean, this is the first one that's ever been recorded.

Speaker 4 (56:07):
But how many times? Though? But you said you were traumatized?
How many other times has this happened?

Speaker 9 (56:14):
I was raped when I was sixteen.

Speaker 5 (56:16):
Oh my family friend, Oh my god.

Speaker 6 (56:18):
Okay, okay, well, and then.

Speaker 9 (56:20):
My sister's father molested me from the time I was
three until I was eight.

Speaker 4 (56:24):
Oh my goodness, Jennifer, Are you getting counseling and stuff?
By the way, I was, yeah, Are you still no?

Speaker 9 (56:35):
I can't. I divorced my husband last year and I
can't afford it.

Speaker 3 (56:39):
Now.

Speaker 4 (56:40):
Well, there's help available where you don't have to pay
for it. Seriously, I'm serious, Jennifer. I think you need
to deal with this now.

Speaker 6 (56:47):
Now listen.

Speaker 4 (56:48):
I understand why you're upset, but I have a feeling
sometimes people and I don't mean this as a negative,
but you're lashing out at your employer. You're upset with
the injustice of it all.

Speaker 6 (57:00):
Get it.

Speaker 4 (57:00):
But I think there is trauma that you have to
deal with so you can feel better about this, I
mean about yourself and stuff.

Speaker 5 (57:08):
I think there's more to it.

Speaker 10 (57:10):
But that's it is.

Speaker 9 (57:11):
I worked on that. That's not what happened. Is when
he touched me, it brought up a lot of other stuff, absolutely,
and I went to the counseling for that.

Speaker 10 (57:20):
Okay, So it's not like I haven't.

Speaker 9 (57:22):
Worked on myself. It's not like I haven't done it.
It's the fact that I told my manager.

Speaker 5 (57:27):
Yeah, I know, we get it. They're saying, I get it.
You're saying they were negligent.

Speaker 4 (57:31):
John. Is she going to have a negligent case against
her employer? Do you feel if she came into your office?

Speaker 11 (57:37):
Yes?

Speaker 2 (57:38):
Or no?

Speaker 8 (57:39):
It would not be a case that I would pursue.
I mean, I listen, there are people that really specialize
in this, in this kind of stuff. I think the
difficulty you're going to have is that the damages haven't
been fully you know, they're not fully mature. We don't
really have a you know, a long list of medical
expenses and stuff for the counseling. I mean, it's it's

(58:01):
a tragic story, but I just don't think it's gonna
mature into a civil case.

Speaker 6 (58:06):
But I could be wrong.

Speaker 8 (58:07):
I mean, you've got a horrible history, and I feel
really bad for you, but I just don't know that
this one has all the ingredients to fully mature into
a case.

Speaker 4 (58:19):
And Jennifer, you may want to call attorneys that specialize
in this negligence and for this sexual assault, but at
this point, to be really straight with you, we don't.
We don't see a strong I think you you might
want to, I don't. I don't think you're going to
get anything from there. I don't. I don't think there's

(58:40):
going to be a load of damages, maybe psychologically if
you find the right attorney, but we don't know of anyone.
I'm sorry, And again I do believe you, and I
do believe maybe they took it too casually. Maybe they did,
you know, but I don't know if there's a legal
case there. I'm Martino three oh three seven to one

(59:01):
three talk go with a sure thing Denver's best rufer
Excel Roofing dot com. You don't pay a cent until
you're content. Time for an insurance check up free, no
obligation comparison call Compass Insurance paying too much your coverage

(59:23):
at dozens of insurance companies find out now three oh
three seven seven to one help. You'll think you're his
only customer when you choose Frank durand the real estate
Man dot com to list your home with Remax Alliance
three oh three nine two zero sixteen twenty two. I'm
Martino here three O three seven one three talk three

(59:43):
seven three eight two five five. Let's go to the
phones and Marlene, what's going on with you?

Speaker 6 (59:50):
Marlene? I'm Tom Martino. What's happening? What's happening? Marlene?

Speaker 12 (59:55):
Hello, I would like to hire a summer Hello.

Speaker 5 (59:58):
Okay, what's going on?

Speaker 4 (01:00:00):
Yeah?

Speaker 5 (01:00:00):
What's going on?

Speaker 15 (01:00:01):
Well?

Speaker 12 (01:00:02):
Yeah, I've been frauded by a couple of different reputable
plumbing companies. Come in and they're looking for something else,
doing something else, not what I've asked now. Just yesterday
I called one of your guys off the referral list
because I need someone in here.

Speaker 6 (01:00:18):
Yes, what do you?

Speaker 4 (01:00:19):
First of all, what is the issue you're calling about, Marlene?
As far as the plumber, well, traud.

Speaker 12 (01:00:26):
By, misrepresentation, folks that have come into.

Speaker 4 (01:00:29):
My home, I understand.

Speaker 5 (01:00:31):
But before before that, why did you call a plumber
to begin with?

Speaker 4 (01:00:35):
Oh?

Speaker 12 (01:00:36):
Oh, well for a couple of different things.

Speaker 5 (01:00:38):
So we're backup?

Speaker 12 (01:00:39):
Was the initial a couple of years ago? And then
now I've discovered that my indoor, my water, baseboard heat HIPing,
the copper piping has been systematically removed and replaced, and
my hold outside of my area of my house, the
inside of it is like torn up. It's it's been

(01:01:00):
You can tell that people have been dealing with it,
messing with it. I wanted to turn on my heat,
and I'm afraid too because of the baseboard heat hyping beams.

Speaker 4 (01:01:09):
Here's what I want to ask you, and Marlene. I
asked this just because I please just go along with me.
I want to help you. I need to know.

Speaker 5 (01:01:20):
And this is going to sound like the strangest question
in the world.

Speaker 4 (01:01:23):
A few years ago, when this sewer backup happened, was
anything else going on in your life.

Speaker 12 (01:01:30):
Oh yeah, my husband had just passed away.

Speaker 4 (01:01:32):
Okay, all right, So then it was after that you
found that people were messing with you?

Speaker 6 (01:01:40):
Yes, yes, okay, now okay, Now does.

Speaker 4 (01:01:45):
That mean when they were messing with your plumbing they
were somehow getting inside your house or were they doing
it from outside?

Speaker 15 (01:01:52):
Both?

Speaker 5 (01:01:54):
And do you find people lurking around your house.

Speaker 3 (01:01:58):
Sometimes?

Speaker 16 (01:01:59):
Yes?

Speaker 4 (01:02:00):
Do you ever get up in the day, did you
ever get up the next day or somewhere and people
had been screwing around in your house?

Speaker 12 (01:02:08):
Well, I'm not sure, probably, I mean I I was just.

Speaker 5 (01:02:13):
Saying I'm not trying to lead you on. No, No,
you don't have to say yes. I'm just trying to
figure out the extent of this this stuff going on
with you. Do you have kids?

Speaker 4 (01:02:25):
I do, okay, And what do they say?

Speaker 12 (01:02:30):
Well, my youngest moved out some months ago because I
couldn't leave her here alone. It wasn't safe.

Speaker 5 (01:02:38):
So why wasn't it safe? Hold on, hold on, why
wasn't it safe?

Speaker 12 (01:02:44):
Because folks keep coming on the property and coming into
the house and I've made peach reports and.

Speaker 5 (01:02:51):
You say coming into the house. I asked you about that,
So how do they gain entry.

Speaker 12 (01:02:56):
Well, that's a good question. The best question is a
million dollar question. Clearly they've gone to the back door,
has been like you can see where it's been, you know,
just chicken in.

Speaker 4 (01:03:06):
Okay, So you called someone, mare Lene from my referral list,
to come out to do what to do? What?

Speaker 12 (01:03:12):
I wanted somebody to look at the pipes my before
heating pipes that leads to my boiler. Yes, and I
didn't turn one zone on because the pipes looked like
they've been messed around with. I didn't know if it
was safe for me.

Speaker 5 (01:03:26):
What did they say?

Speaker 4 (01:03:27):
What? What did they say?

Speaker 12 (01:03:29):
They said that they only did water heaters.

Speaker 6 (01:03:33):
Okay, I said, well, and who was this that you called?

Speaker 12 (01:03:37):
I called euro euro Plumbing.

Speaker 4 (01:03:39):
Oh okay, uh huh yeah they yeah.

Speaker 12 (01:03:42):
I don't think I heard them on your show.

Speaker 4 (01:03:44):
But I don't think they do boilers. They're right about
the Yeah, I'm sorry they do boilers.

Speaker 12 (01:03:49):
I didn't ask them to do boilers.

Speaker 11 (01:03:50):
They do.

Speaker 12 (01:03:51):
They do total pipe inspection and replacement, according to.

Speaker 4 (01:03:54):
Their Yeah, yeah, yeah, repiping, it's called repiping.

Speaker 12 (01:03:57):
Yes, I reping.

Speaker 11 (01:03:58):
Yeah.

Speaker 12 (01:03:59):
So I just wanted somebody. I didn't want someone to
even look at the boiler. I wanted to see that
the pipe, the baseboard heat pipes were intact and say
for me to go ahead.

Speaker 11 (01:04:07):
And turn on this.

Speaker 9 (01:04:07):
Now.

Speaker 4 (01:04:08):
Are you saying that all plumbers that you have called
not only are the people messing with your home, but
all plumbers that you called have been ripping you off?

Speaker 12 (01:04:18):
No, I'm saying that all plumbers that I've called have
been My calls have been intercepted, and I was hired
reputable for example.

Speaker 11 (01:04:27):
Swan Uh.

Speaker 4 (01:04:28):
Now, what do you mean intercepted? What do you mean
your calls were intercept were intercepted? Intercepted?

Speaker 9 (01:04:34):
Well, it feels that way.

Speaker 12 (01:04:35):
It feels as though they've been intercepted, like yesterday when
I called, Okay.

Speaker 4 (01:04:39):
Hold on, Marlene, I have to take a break. Please,
please don't hang up. I I want to I do
want to talk to you. I took down copious notes here.
I'm Tom Martine three oh three seven, one to three
talk hang on, go with a sure thing Denver's Best
roofer Excel roofing dot com. You don't a cent until

(01:05:01):
you're content. Time for an insurance check up free, no obligation.
In comparison, call compass insurance paying too much your coverage
at dozens of insurance companies.

Speaker 5 (01:05:13):
Find out now three oh three seven seven to one help.

Speaker 4 (01:05:15):
You'll think you're his only customer when you choose Frank
durand the real estate man dot com to list your
home with Remax Alliance three oh three nine two zero
sixteen twenty two. Hi Tom Martino here three oh three
seven one three talk three oh three seven one three

(01:05:36):
eight two five five. Welcome to the show. Let's continue here,
And Marlene, I, I know you called me because you trust.

Speaker 11 (01:05:48):
Me, right, I don't trust anybody?

Speaker 6 (01:05:54):
Do you trust? Do you trust me? I?

Speaker 5 (01:05:56):
Look, well, well you picked me. In another word, I
didn't call on you.

Speaker 4 (01:06:02):
I do have some plumbers that I know you can
trust that could truly find out if you have any
throwng words of plumbing. Marlene, I'm going to tell you something,
and if you don't like me after I tell you,
I still want you to remember me because I'm going
to invite you to call me back when you if
you give it some thought. But honest to God, I'm
only saying this because of my mom. I swear to God,

(01:06:25):
you had an emotional trauma when your husband died, and
all of these things happened after your husband died. Now, wait,
I'm not saying you didn't have problems. You could have
had plumbing problems, you could have had various problems. But
the fact that you're saying that various people are getting
into your house and sabotaging plumbing and different things. I

(01:06:46):
feel there could be a psychological component to this, and
I urge you. I truly urge you, because I'm concerned
for you that you get some help. And I don't
mean you're crazy. I swear to God, I don't. All
of us have varying levels. In fact, I don't believe
there is anything as normal. I think we all have
varying levels of emotional trauma, distrust, mental illness of some kind,

(01:07:12):
and it's only our ability to cope with it that
helps us survive.

Speaker 13 (01:07:17):
We all do.

Speaker 4 (01:07:18):
In fact, when someone thinks they're completely normal, those are
usually the sickest ones, or they think there's nothing.

Speaker 6 (01:07:23):
Ever wrong with them.

Speaker 4 (01:07:25):
I believe that after your husband died, you were expecting
almost things to happen, and I think you looked a
little too hard, and maybe you're putting stuff together that
doesn't belong together.

Speaker 5 (01:07:38):
Maybe your daughter mentioned this to you.

Speaker 6 (01:07:40):
I don't know.

Speaker 4 (01:07:41):
I don't know if anyone else has ever mentioned it
to you, But I don't want you to think that
I don't want to help you. I promise you we'll
look at your plumbing. But I think you might have
an emotional component to this where you probably have some
stressors because it's a major deal to lose someone, especially

(01:08:03):
were you too close you and your husband.

Speaker 12 (01:08:07):
I'll tell you what if you think I trust you
and you want to hear what I'm going to tell you, Uh,
my husband and I had issues. And that's that's not
even the reason why I'm calling. The reason why I'm
calling is because I've been frauded by several different reputable
companies for plumbing for my vehicles. I've been vandalized, I've

(01:08:31):
been robbed, I've.

Speaker 5 (01:08:33):
Had so Marlene, do you feel not say?

Speaker 12 (01:08:36):
Oh, can I finish what I'm saying?

Speaker 11 (01:08:38):
Please? And then I'll have to finished.

Speaker 12 (01:08:40):
I cannot. You cannot substantiate my mental health, uh and
do the math with the materials and tools and things
that have been stolen from my home.

Speaker 4 (01:08:49):
You can't.

Speaker 12 (01:08:49):
You cannot tell me that you're going to help me
when you're worried about my plumbing. It's a bigger picture than.

Speaker 6 (01:08:58):
That, Marlene.

Speaker 4 (01:09:00):
I believe that you have a lot of things that
you've collected that have happened to you.

Speaker 6 (01:09:04):
I'm not saying they didn't.

Speaker 5 (01:09:06):
I don't think anyone's out to get you.

Speaker 6 (01:09:08):
I don't think anyone's targeting you.

Speaker 4 (01:09:10):
Hold on, go with a sure thing Denver's Best Roofer
Excel Roofing dot com.

Speaker 13 (01:09:15):
You don't pay a cent until you're content. Please time
for an.

Speaker 4 (01:09:21):
Insurance check up free, no obligation comparison call Compass Insurance
paying too much your coverage at dozens of insurance companies
find out now three oh three seven seven to one help.
You'll think you're his only customer when you choose Frank
durand the real estate Man dot com to list your
home with Remax Alliance three oh three nine two zero
sixteen twenty two.

Speaker 1 (01:09:46):
Rip you need so you.

Speaker 10 (01:09:51):
Don't have.

Speaker 1 (01:09:54):
Come runs as can. Shoot's gonna help come man.

Speaker 3 (01:10:01):
This is the Troubleshooter Show. No Tom Martinez, Hey.

Speaker 5 (01:10:06):
Tom Martino here, Welcome to the show.

Speaker 4 (01:10:08):
Three zero three seven one three talk three oh three
seven one three eight two five to five. And for
those streaming, there's John and his pretty face he's up
and we're talking John Fuller, Fuller Law. He's a personal
injury attorney in Denver, by the way, and that's Fuller
Law f.

Speaker 11 (01:10:23):
U L L E. R.

Speaker 4 (01:10:24):
If you google him, he's on UH and when he's
not here is at three oh three five nine seven
forty five hundred and he he answers a ton of
questions for my listeners on personal injury. I know a
few times he's gotten calls on consumer issues because he's
so synonymous with the show. But in any case, we
are here talking about everything. You're near and dear to

(01:10:45):
your heart and pocabok. We we've had some issues come
up in the past about emotional trauma when it comes
to work or when it comes to other things. John,
Do do emotional injuries ever enter into or emotional trauma
into personal injury in accidents of any kind?

Speaker 6 (01:11:08):
Absolutely? Yeah.

Speaker 5 (01:11:09):
Give me an example of how that could happen.

Speaker 8 (01:11:12):
Well, it could be that you you know, we're in
a very serious accident and a family member passed away
right next to you, or you know, some people are
severely traumatized by just the happening of an accident and
have serious anxiety driving, you know, going forward.

Speaker 6 (01:11:31):
As an example. So we deal with those issues all
the time.

Speaker 8 (01:11:35):
Driving cases sometimes are you know, have a significant emotional
component that we have to you know, we have to
deal with. Fortunately, there are professionals that are really good
at helping people through those issues, but we frequently have
to use those people.

Speaker 6 (01:11:52):
Very interesting.

Speaker 4 (01:11:54):
So emotional trauma is definitely part of the personal injury picture.

Speaker 6 (01:11:59):
Is what we're talking about basically.

Speaker 4 (01:12:01):
And what are the more unusual components that would go
into a personal jury? Are there any unusual ones like
I don't like? For example, John, years ago, I hesitated
to bring this up. But years ago, I was in
an accident. There's someone had no insurance this and I

(01:12:25):
decided I was going to handle this. This was many,
many years ago for a personal injury, and I went
to my own uninsured motors coverage because the person didn't
have coverage and they were treating me like the enemy. Now,
I guess I should have hired an attorney looking back,
but I thought, you know, my injuries aren't that bad.
Let me just get a check, you know. I mean,

(01:12:45):
I'm just telling you what I was thinking, and people
probably do think that. I don't know, But so I
was talking to them, and it had to have been John,
honest to god, forty years ago.

Speaker 5 (01:12:55):
Okay, So I remember them offering me.

Speaker 4 (01:12:59):
A check right away for ten grand and I thought
to myself, my goodness, maybe I can get more. And
but one of the things then they asked for my
a list of damages. Now, obviously, you know, I didn't
know how to handle I knew nothing about this. In fact,
at the time, I wasn't even representing a personal injury attorney.
So I put down as one of my damages a

(01:13:22):
vacation I had to cancel and they upped the offer
after that, and I was wondering, did I do something
by Obviously I might have done something by mistake. And
I'm not recommending people do this on their own, John,
I missed vacation that was a damage?

Speaker 2 (01:13:37):
Or what?

Speaker 6 (01:13:37):
Did I just luck out there? No, it could be
a very legitimate damage.

Speaker 8 (01:13:43):
I mean, you know, people sometimes have to book some
of these vacations six months, maybe a year in advance,
and then you find yourself unable to go on it.

Speaker 6 (01:13:52):
It's absolutely part of your damages.

Speaker 8 (01:13:54):
So you know, you can't say vacations you know, in
the blank or something, but you know, listen, damages are
unique to the person, and it may be different from
you than it would be for me, or for my neighbor,
or for you know, the guy down the road, for
some guy. It may be I can't you know, I

(01:14:14):
don't have the ability to launch my boat anymore, right,
My My one great joy in life is fishing, and
I can't you know, I can't get physically into my
boat anymore to go do that, and I've lost that thing.
So I worked my entire life. I never thought of
that was retiring and being able to enjoy this particular activity,
and I can't do it anymore.

Speaker 5 (01:14:35):
I never thought of that.

Speaker 4 (01:14:36):
So I if I love flying, and and I'm not
a commercial pilot, I don't make a living at all
at it. But if I lost my ability to fly
because of an accident, that would be a loss because
of enjoyment.

Speaker 8 (01:14:48):
Absolutely it would a significant Okay, all right, being the
same could be dropped somebody that can't physically ski or
ride their bicycle or the horse, you know, right, yeah, yeah,
absolutely it could. Just there's a thousand things that could
fall into that category that it's part of my job
to help figure out how to quantify and articulate what

(01:15:09):
those losses.

Speaker 4 (01:15:10):
Are very very interesting. John Fuller, b let's talk about
your camper.

Speaker 6 (01:15:15):
What's going on?

Speaker 10 (01:15:16):
B Okay, So I bought a camper, thank you. I
bought a camper back in February. We started taking it
out in me and what kind of camper, by the way,
it's a fifth Will Grand Design Reflection half ten one.

Speaker 6 (01:15:32):
They're wonderful. They're really nice.

Speaker 10 (01:15:36):
Yes, And I use the stove for the very first time.
It has that glass that smoke glass top.

Speaker 5 (01:15:44):
Well, when was the first time you used it?

Speaker 4 (01:15:47):
What month it was?

Speaker 2 (01:15:49):
Me?

Speaker 10 (01:15:49):
It's for Mother's Day weekend.

Speaker 5 (01:15:51):
Okay, And that's when you used it? And what happened?

Speaker 10 (01:15:55):
And I closed this, I cleaned the stove and I
want to go close the glass and the hinges for
that bifolding glass.

Speaker 6 (01:16:02):
Yeah, yeah, got caught.

Speaker 10 (01:16:04):
And it hit something and it just shattered all over.
And even to this day it shattered so much that
even to this day when we moved the camper, like
when we were taking.

Speaker 4 (01:16:15):
It out now, it did it shatter because of something
you did wrong? Would they say or is it a
warranty issue? That's the part I don't know tell me about.

Speaker 10 (01:16:24):
They said it's under warranty and The thing is is
that the hinges got stuck. How they got stuck, I
have no idea what.

Speaker 5 (01:16:33):
Okay, it was a glass. It was a glass cover
that you fold out over the cook top.

Speaker 4 (01:16:38):
Right, yes, yep, I know what you're talking about in
an RV. So that that got stuck somehow and shattered.

Speaker 6 (01:16:47):
And okay, so did they fix it?

Speaker 10 (01:16:50):
No, the hinges you can even till today, those hinges
are still stuck. The glass is completely gone. We cleaned
it all up. But my biggest concern is not about
the glass. I could care less if they put the
glass back on. My biggest concern is that the glass
fell into the oven from the openings on the glass top. Yeah,
because it's not completely stilled. So if you open that

(01:17:12):
oven to this day, you'll steal from when we moved
a camper, I still find glass particles in that oven.
And I'm afraid to use the oven. And I've asked
him that.

Speaker 6 (01:17:22):
Hay, So what do you want?

Speaker 4 (01:17:23):
You want? You want it replaced?

Speaker 11 (01:17:25):
Yes?

Speaker 10 (01:17:26):
For safety issues in this John, What do you.

Speaker 6 (01:17:28):
Think about that?

Speaker 4 (01:17:28):
I mean, it wasn't the oven that was malfunctioned, and
and it was the cook Now is this a one
unit that the cook top and the oven together. Yes,
what do you think of the argument that now I
can't use it because there are shards in there?

Speaker 8 (01:17:46):
Was that the type of glass man that breaks into
a million little pieces?

Speaker 6 (01:17:50):
It's like, yeah, tempered glass.

Speaker 5 (01:17:52):
Yeah, yeah, of course it is.

Speaker 4 (01:17:54):
Yep yep, yup.

Speaker 8 (01:17:56):
So that's the type of glass. It's probably not very
likely to to cut you if you stepped on it
or something.

Speaker 4 (01:18:02):
But what if you ate it?

Speaker 6 (01:18:03):
What have you ingested? A few parts of it? Would?

Speaker 5 (01:18:07):
Tiny pieces of it? Is that what you're afraid of?

Speaker 11 (01:18:09):
Bee?

Speaker 5 (01:18:09):
That is going to get into your food somehow?

Speaker 10 (01:18:12):
Yes, that's my Yeah, that's my fear. It's a safety thing.

Speaker 15 (01:18:15):
I'm like, who wants Did they at least.

Speaker 5 (01:18:16):
Offer to cleaner? Did they at least offer to.

Speaker 4 (01:18:19):
Clean for you?

Speaker 10 (01:18:19):
Be? Yes, they said they'll clean it now the kindness
of their hearts, they're going to replace the glass, And
I'm like, the.

Speaker 11 (01:18:26):
Glass is not my problem.

Speaker 4 (01:18:30):
An argument, you're not. I don't think you're going to
win the argument for replacing the oven. I don't think
you are. It's not a defect. I know what you're saying.
The defect of the glass of the of the hinge
caused the glass, then the glass went into.

Speaker 5 (01:18:45):
The oven, and yeah, I it would be this. I
just don't think it's go ahead.

Speaker 8 (01:18:51):
John, Yeah, So if I understand the glasses around the
outside of the shroud of the oven and when you
go down the road said shaking and stuff, that allows
another piece or two to fall into the the main
part of the oven.

Speaker 6 (01:19:05):
Is that right?

Speaker 11 (01:19:06):
Yes? For ye?

Speaker 4 (01:19:08):
Okay, because it wasn't because because it broken right. Well,
I want to know something though, when that broke, when
that glass cover broke and it shattered, are there still
pieces on top of the near the cook top as well?

Speaker 10 (01:19:23):
Oh yeah, it listens up.

Speaker 4 (01:19:25):
Have it professionally cleaned or detailed.

Speaker 10 (01:19:29):
That's what they said that they'll do. And I'm just
like as long, I'm just.

Speaker 5 (01:19:34):
Worried about you know, my daughter's car.

Speaker 4 (01:19:36):
Just my daughter's car just recently, just recently was part
somewhere a few months ago.

Speaker 6 (01:19:42):
It's being fixed right now. Let me explain this to you.
A roofer.

Speaker 4 (01:19:47):
Dropped something on her windshield, went through her dash, destroyed
her cluster there and her dash and her the bar
on her uh that that the on her windshield what
they call the I don't know, it's port beam anyway,
all of that. So it's all being repaired and there
were shards of glass all over and they immediately the

(01:20:08):
roofing company had the windshield replaced immediately temporarily and said,
of course we're going to pay for this. And then
here's what happened. We hired o C Detailing. It's a
young man and his brother and some people.

Speaker 6 (01:20:24):
He knows.

Speaker 4 (01:20:25):
They have this detailed company. They're not on the referral
list yet. I gotta get him on there. They went
and cleaned because of this and got every spec I
don't know how.

Speaker 5 (01:20:35):
I mean, these detailers are really good.

Speaker 4 (01:20:38):
I don't know who your dealer? Who are they proposing?
Do they say they have a detailer bee, No.

Speaker 10 (01:20:45):
It's their own service department that's going to clean it.

Speaker 6 (01:20:49):
Would they pay for a detail of that area?

Speaker 4 (01:20:53):
Maybe you get a detailed and then they'll pay for
that one air or a chip in for you. I mean,
look at you can do whatever you want. You can
have them do it. Maybe they'll do a great job.
I think they probably would. Who's the dealer.

Speaker 10 (01:21:07):
Compass Blue Compass RV in Colorado Springs.

Speaker 4 (01:21:10):
I don't know them, but the fact that I don't
know them is probably good. I've never heard of them.
You may want to give them a chance, see what happens.
And then once you give them a chance, say look,
if this doesn't work, you know, then you you talk
about getting another detailer or something. But I would probably
I would give them the chance first. Then I think

(01:21:32):
you'd even have a better argument. If even they couldn't
get it out, then then you would have a better
argument for replacement. But I don't think you're going to
go right for replacement. John, would you agree on that?

Speaker 6 (01:21:44):
Totally agree?

Speaker 4 (01:21:45):
Yeah, give them advant just let us know and then
we'll we'll help you, Okay. Three oh three seven one
three talks seven one three eight two five five. So
we have more coming up, Larry, I'm going to talk
about that toll road violation a lot of people are
getting them, and then go fund me question from Drew.

(01:22:05):
We all know Drew, if you've been listening to this show,
I've been trying to help him. Dress up is go fundme.
Although I don't believe it's going to help him.

Speaker 6 (01:22:13):
I do not believe under.

Speaker 4 (01:22:14):
His circumstances it will be quick enough or enough to
help him. And he's facing excruciating financial difficulty.

Speaker 5 (01:22:23):
More coming up.

Speaker 4 (01:22:23):
Renew Home Innovations Beautiful showers, Beautiful shower conversions renew Home
Innovations dot com two or three days they do these conversions, okay,
so you can get it done before Thanksgiving. You And
here's what I love about him. No maintenance, stone walls
that are stone resin walls, no maintenance whatsoever, glass panels,
grab bars, no threshold to stumble over, perimeter trains. They're beautiful.

(01:22:44):
They're absolutely gorgeous, and you have seventy two months to
pay with no interest.

Speaker 5 (01:22:49):
Three h three nine zero four two thousand.

Speaker 4 (01:22:58):
Go with a sure thing Denver's Best Excel Roofing dot com.
You don't pay a cent until you're content. Wait time
for an insurance checkup free, no obligation comparison call Compass
Insurance paying too much your coverage at dozens of insurance
companies find out now three oh three seven seven to
one Help. You'll think you're his only customer when you

(01:23:20):
choose Frank durand the Real estate Man dot com to
list your home with Remax Alliance three oh three nine
two zero sixteen twenty two. Hi Tom Martino here, Welcome
to the show. Three O three seven one three talk
three oh three seven one three eight two five five. Okay,
So Larry, you want to talk about a toll roll violation.

(01:23:41):
There are several of them we can talk about. People
are complaining about them. I get them every month. What's
going on? I mean, I don't get the violations, I
get the inquiries. What's happening, sir.

Speaker 11 (01:23:52):
Hi com Hey, there's there's no doubt about it. It's
it's my trunk. There's a picture there on the violation
that I got, but on the date of the violation,
because there's a daytime stamp on there that my daughter

(01:24:14):
has the car a big boulder. She goes to school
up there, and so I asked her, I said, well,
did you cross over to the express?

Speaker 4 (01:24:23):
Lad?

Speaker 11 (01:24:24):
She said, I don't know. It could have been one
of my friends who I've left the car to.

Speaker 6 (01:24:29):
Oh yeah, yeah.

Speaker 11 (01:24:30):
Where do I stand here?

Speaker 4 (01:24:34):
Well, it's a violation, I mean, first of all, it's
an accusation, so you don't have to pay it and
then you go to court, but you don't have to
like to stand on these cameras. Look, I don't understand.
I guess I don't even understand what you're asking. Are
you saying? Because you were not driving, you should not

(01:24:55):
have to pay. Yes, that's true if it's issue right,
but it is your vehicle. I believe tolls are assessed
on the vehicle, not on the person. However, you're the
one who made the violation, John, John Fuller, am I
right on that. We've had this argument before. When you
get a violation for the toll, it's not you can't

(01:25:16):
violate a car. The car is evidence against the driver. So, Larry,
you could say this was not me driving, Okay, then
they're going to ask you who was driving?

Speaker 5 (01:25:29):
Now does it show the driver in your truck?

Speaker 11 (01:25:33):
No, it just shows the back end of my truck
and the license plate number.

Speaker 4 (01:25:41):
Well, how would you handle this, John?

Speaker 6 (01:25:43):
There's a procedure.

Speaker 8 (01:25:45):
Well, I just pay them because I'm normally guilty of
them when I get those tickets in the mail. But
there is a procedure on those tickets that tell you
how you can appeal and you know, challenge the ticket,
and that is the only way you can do it.
And so you just have to assess, you know, is
there any likelihood that that process is going to give

(01:26:07):
me the ability to argue it. It's not like the
red light cameras in Denver that you can, you know,
ignore they want to conserve you in person.

Speaker 6 (01:26:16):
It's a different creature.

Speaker 8 (01:26:18):
And since it's a private road and it's a privately
maintained section most of the time or at least some
of the times, there's private end there's public, you know,
you really don't have a leg to stand on. And
the only thing that amazes me is how dang good
they are catching, like fourteen different angles of my vehicle

(01:26:39):
crossing the line early or late or something else. And
so normally it's not just one pictures. It's pretty compelling evidence.

Speaker 11 (01:26:48):
So I'm not saying that v car crossed over to
the expressway. I'm saying, why should I pay when, well, no.

Speaker 4 (01:27:06):
It's issued to the registered owner. You're right, why should
you pay it? Ask your daughter to pay it? You
hit it right on the head. You know your daughter
had the vehicle. Make her pay it.

Speaker 6 (01:27:18):
Okay.

Speaker 4 (01:27:18):
If you truly are caring about right, hold on, you're
caring about technicalities and right and wrong. So the technicality
is your daughter was driving, so tell her to pay you.
That's the technical right thing to do. Now, if you're saying,
how do I trick them and make them.

Speaker 5 (01:27:35):
Go after my daughter.

Speaker 4 (01:27:36):
Well, okay, if they ask you, if you say to
them I was not driving. And by the way I'm
looking at it at some of the past cases, if
your daughter was the one driving, then you can contest
it by submitting a transfer of viability. If not, they're
going to say was the car stolen and was it

(01:27:56):
reported stolen? So you're between a rock and a heart place.

Speaker 8 (01:28:00):
Okay, because they are found that eventually they can cancel
the renewal of your vehicle.

Speaker 6 (01:28:07):
You can't reregister your vehicle once it expires. Yeah, but
hold on by the short hairs there.

Speaker 4 (01:28:13):
Not if you that's if you ignore it, John, you
can do a transfer of liability. If you do a
transfer of liability, you have to transfer to somebody. So
if you say you don't know who was driving your car,
then you're going to be taking then okay, then you're
going to be taken to court and be held responsible
because if you can't say who is driving the car,

(01:28:35):
then you're going to get the ticket or you're going
to have to report your car.

Speaker 5 (01:28:39):
Your car would have had to have been reported stolen.
Do you really want to go through all of that?

Speaker 11 (01:28:44):
No, I mean, I'm just it's just a simple question.

Speaker 6 (01:28:49):
I mean, well, the.

Speaker 4 (01:28:50):
Simple question is that you're responsible if you were driving.
If you weren't, then you tell them you weren't driving,
and you must transfer responsibilit to who was driving. If
you don't know who was driving, it means your car
was stolen. So you have three options. You take responsibility,
or you lay it on the person who was driving,
or you report or you hope that you had reporting

(01:29:14):
it stolen, or you just discovered it was stolen.

Speaker 5 (01:29:17):
That's those are your options. Truly, A right fine, I mean,
that's that's okay. I mean that that is the answer.
That is the answer, And a lot of.

Speaker 4 (01:29:29):
People don't like the answer because here's what they want
to hear me say, Oh, if you weren't driving, you
don't have to pay. And by the way, you don't
have to tell them your daughter was driving either, of
course you don't. Then you pay the consequences. How far
will they take it, I don't really know. Maybe they
drop it, you know, maybe they do I you know,

(01:29:50):
I I kind of know where you're going with it.

Speaker 5 (01:29:53):
And I think most people agree with you saying, Tom,
I don't know.

Speaker 6 (01:29:57):
If I wasn't driving, I wouldn't pay it.

Speaker 4 (01:29:59):
So I can't tell you what to do. I'm just
I'm just basically telling you what I think will happen.
Three three seven, one three eight two five five. Dave
you have a comment on mental health because I asked
even on my YouTube channel, I asked the question in
the comments, how many people, in the beginning of our

(01:30:26):
conversations with people who have had emotional distress know someone
is suffering from paranoia?

Speaker 6 (01:30:32):
Because I'm going to tell you something.

Speaker 5 (01:30:34):
Thirty or more times over the years, Oh, it has
to be probably more.

Speaker 4 (01:30:38):
This year alone, I've had six cases where people call
and someone is either breaking into their home, spying on them,
rearranging things in their house, stealing stuff, doing something to
their car, cheating them, listening into their phone calls, or
some other form of that. And it usually follows you

(01:31:01):
hear me on the phone. Many of you who follow
the show regularly, you hear me on the show. Ask
them some questions, like at around the time these first
this first started, were you did anything happen in your
life that was significant a stressor? And inevitably you'll hear
a divorce, a crime, a victim of a crime, or

(01:31:24):
somebody close to them died, a child or their spouse,
and on and on and on. So I've connected them
that these stressors may cause this paranoia.

Speaker 5 (01:31:34):
I don't know.

Speaker 4 (01:31:35):
I'm not a mental health professional, but I've talked to
enough people over the years. Dave, what about you?

Speaker 15 (01:31:41):
Hey, Tom, it does seem like it's mental health Day,
doesn't it?

Speaker 6 (01:31:46):
Yes, it does.

Speaker 11 (01:31:48):
So.

Speaker 15 (01:31:49):
I an agency that I'm associated with called Revolt Healthcare Alliance.
We saw a private PPO plan in thirty nited States.
Unfortunately it's not available in Colorado. However, we have put
together what is called the Revolt Healthcare Network, and this
is a subscription platform that can be used anywhere in

(01:32:12):
the country and it includes twenty four hours, seven day
a week virtual primary care and virtual telecounseling. It also
provides quest Labs at no charge, four thousand generic description
medications at cost.

Speaker 5 (01:32:34):
So it's not just mental health, is what you're saying, right.

Speaker 15 (01:32:39):
But for thirty six dollars a month for an individual,
they can have qualified accredited counselors, therapists, psychologists at the
other side of their phone or online today, making.

Speaker 4 (01:32:56):
This PPO plan in general is not available in Colorado's
what you're saying.

Speaker 15 (01:33:01):
Yes, that's the insurance side. The Revolt Health Network is
not an insurance product. It's a subscription product.

Speaker 4 (01:33:10):
And that's for how much.

Speaker 15 (01:33:12):
It starts out at thirty six dollars a month for
an individual.

Speaker 4 (01:33:16):
And does that get you more than mental health? Does
it get you consultations with mds?

Speaker 15 (01:33:22):
Yes, it does. Virtual primary care So if someone I
get it, I get it.

Speaker 14 (01:33:27):
Someone has it.

Speaker 6 (01:33:27):
If they have a.

Speaker 15 (01:33:28):
Telecounseling or a teledoc appointment and they like that doctor, yes,
reschedule with that doctor, which is unusual with teledoct.

Speaker 5 (01:33:38):
Now I have a teledoct, I have a virtual primary care.

Speaker 4 (01:33:42):
I have both. But the virtual primary care is three
hundred a year and it allows me to get an
appointment anytime and well not anytime. I have to schedule it.
And I can do a zoom or I can go
into the clinic. So it provides both. But this can
this virtual primary care that you represent, Can that take

(01:34:05):
the place for insurance reasons for a primary care doc?

Speaker 11 (01:34:10):
Sure?

Speaker 15 (01:34:10):
Yeah, anybody can use it, anybody that's on even people
on Medicare. But it's an affordable way. I get it
being able to take care of some healthcare issues.

Speaker 4 (01:34:20):
And it is now if someone though, if someone has
this program, this subscription, and they need something more than
they can offer. Do they refer you to people that
you're that your health insurance will now cover or not?

Speaker 15 (01:34:35):
They they may, yes, they could absolutely.

Speaker 5 (01:34:39):
What's the name of it?

Speaker 15 (01:34:41):
This is called Revolt Healthcare Network.

Speaker 5 (01:34:44):
Are you saying Revolt as in revolution right?

Speaker 15 (01:34:48):
Exactly?

Speaker 6 (01:34:49):
Yeah, that's a weird name.

Speaker 11 (01:34:52):
Well, we're we kind of are changing the way that.

Speaker 15 (01:34:57):
You know, the medical industry, the pharmaceutical industry. Uh, you know,
uh government, the healthcare industry is so convoluted and and
it's just horrible. So I don't want to go farther
into that. But with this program, this subscription program, you

(01:35:18):
have access to over four thousand generic prescriptions.

Speaker 4 (01:35:22):
I get it. I get it.

Speaker 6 (01:35:23):
I I love I love what you're saying.

Speaker 5 (01:35:25):
Hey, Dave, I'm gonna I gotta, I gotta cut the call.

Speaker 4 (01:35:27):
I need to do this. Uh Kaschina. Give them my
email address. Please give him my email address. I want
him to send me information. I'm Tom Martinez. We have
more coming up. Go with a sure thing Denver's Best
roofer excel roofing dot com.

Speaker 13 (01:35:44):
You don't pay a cent until you're content. Time for
an insurance check.

Speaker 4 (01:35:51):
Up free no obligation comparison call Compass Insurance paying too
much your coverage at dozens of insurance companies find out
now three oh three seven seven to one help. You'll
think you're his only customer when you choose Frank durand
the real estate Man dot com to list your home
with Remax Alliance three all three nine two zero sixteen
twenty two, Tino here three all three seven one three

(01:36:16):
talk three oh three seven one three eight two five five.
Welcome to the show, back to the phones to uh
take your problems, questions and complaints. Oh the guy that
one guy had a question he dropped off against. Okay,
in any case, welcome and let's talk.

Speaker 11 (01:36:32):
Drew.

Speaker 5 (01:36:34):
I emailed you a revision of your go fundme.

Speaker 4 (01:36:37):
Description to help you get a better description up there
for your go fund me page because you're facing financial
devastation in a month or less.

Speaker 5 (01:36:47):
Did you get it?

Speaker 4 (01:36:48):
Drew?

Speaker 18 (01:36:50):
I haven't been able to get to the library, but
I will go and check and I want to say tuesday.

Speaker 5 (01:36:55):
Wait, wait, wait, so you have to go to the
library to check your email.

Speaker 6 (01:36:59):
Yeah, you don't have a computer.

Speaker 18 (01:37:02):
I don't have a computer's cell phone texting device what are.

Speaker 4 (01:37:06):
You calling on right now?

Speaker 18 (01:37:08):
It's my home phone?

Speaker 4 (01:37:10):
Your home is that? Is that New York Bell? Or
where is it New Jersey Bell?

Speaker 11 (01:37:14):
What is it?

Speaker 18 (01:37:16):
I pay Verizon?

Speaker 4 (01:37:17):
Uh huh.

Speaker 5 (01:37:18):
So you don't have a cell phone, you don't have email.

Speaker 4 (01:37:22):
I mean you have nothing.

Speaker 18 (01:37:24):
That's correct. But I want to say this. Your idea
is good. It's a very good idea. Thank you for
sending us there. However, I'd like to suggest that we
wait on that for a couple of weeks and do
what mark into a mark to leave is there? I
think if I don't know how to do this, but
if you could possibly send my GoFundMe to Elon Musk

(01:37:49):
and Fox News, maybe they might want to put on
somebody who can actually state how Kamala Harris is harming
me and letting all these fifteen millions drew.

Speaker 4 (01:38:00):
They're not going to do that because your problems aren't
because of your problems do not stem from illegal aliens
okay or illegal whatever, undocumented people. It doesn't, it doesn't.
Your gofund me is disingenuous. Kamala Harris has nothing to
do with your financial plight right now?

Speaker 18 (01:38:21):
Well, I disagree, And it was on Fox Drew.

Speaker 5 (01:38:24):
Drew, here's what I'm saying. Tell me this.

Speaker 4 (01:38:27):
Tell me how their policy on illegal immigration has affected
you directly and why why you are facing your financial
devastation right now?

Speaker 5 (01:38:37):
Tell me.

Speaker 4 (01:38:38):
I want to know why a.

Speaker 18 (01:38:40):
Black man was on Fox saying this. I forgot his name.
Is a very good speaker, sports guy, and he says
they're wondering why the black brothers are leaving Kamala, she's
giving free rent to all these illegals.

Speaker 5 (01:38:52):
Drew, I'm going to ask you a question.

Speaker 4 (01:38:54):
See, I don't let I don't let people just just
go out the mouth and pontificate without facts. Here's what
I want to know. You have gone through your life savings.
You no longer can make a living. You didn't prepare
for your older age. You're seventy seven years old, and
you cannot stay where you are because the cost of

(01:39:14):
living is so high in New Jersey. Now here's what
I'm saying. You get a pension and you get social Security. Right, Okay,
you have those two things, but they're not enough to
sustain you. You were not able to work or make
a living because you say you were injured in a
personal injury accident. You walked into the you walked underneath

(01:39:34):
the tailgate that came down on you from a car.
All I want to know is how did Kamala Harris
or Joe Biden contribute to that?

Speaker 12 (01:39:42):
For you?

Speaker 18 (01:39:43):
I think it's the constitution, says Okay Drew.

Speaker 4 (01:39:46):
I'm going to ask you again, not about the constitution.
How did your financial plight get caused by the current administration?
And if there was not one illegal immigrant in the country.

Speaker 2 (01:40:00):
You still would not have qualified for public assistance.

Speaker 18 (01:40:06):
If there was not one illegal alien, the rents would
be much lower because these millions of illegal aliens are
getting subsidized.

Speaker 5 (01:40:15):
By Okay Drew, guess what, Drew?

Speaker 6 (01:40:17):
You know what?

Speaker 4 (01:40:18):
You need to find someone who agrees with you and
will carry your flag. I don't care what Mark suggested.
You're doing yourself a disservice by having the go fund
me the way it is now, and the proof is
in the pudding. If it appealed to people, Guess what
would have happened. You would have gotten people to contribute
to you.

Speaker 6 (01:40:38):
You have gotten one.

Speaker 18 (01:40:39):
Listener, Tom is, if you're right, can you please just
send it to one?

Speaker 4 (01:40:44):
No, No, I'm not going to you send it to them.
Have your librarian friends. No, I'm not going to carry
your water. I'm not going to send I'm not going
to send your GoFundMe link to Fox News and Elon
Musk and spoil my credibility and say here, look at this.
This poor guy is suffering because of illegal immigration. It's

(01:41:04):
not true. You're trying to make a connection just to
try to get the political fervor you need for people
to send you money, and you're not gonna do it
through me. Goodbye, Drew. Sorry, I'm not doing it. Three
zero three seven one three talk seven one three eight
two five five. Do I believe the illegal immigration policy
of the Biden administration is causing people harm?

Speaker 5 (01:41:26):
Yes?

Speaker 4 (01:41:27):
I do. Do I believe it's fullhardy, Yes I do.
Do I believe we have to have restrictions at the
border and a sane immigration policy, Yes I do. Do
I believe it's affecting the tax rates, Yes I do.
Do I believe it's affecting FEMA, Yes I do. Do
I believe it caused Drew's problem?

Speaker 5 (01:41:47):
No I don't. I'm Tom Martine Moore coming.

Speaker 4 (01:41:51):
Up go with a sure thing Denver's best rufer excel
roofing dot Com.

Speaker 13 (01:42:01):
You don't pay a cent until you're.

Speaker 4 (01:42:02):
Contenth time for an insurance check up free no obligation
comparison call Compass Insurance paying too much your coverage at
dozens of insurance companies.

Speaker 5 (01:42:14):
Find out now three oh three seven to seven to
one help.

Speaker 4 (01:42:17):
You'll think you're his only customer when you choose Frank
durand the real estate Man dot com to list your
home with Remax Alliance three oh three nine two zero
sixteen twenty two. Hello Tom Martino, you're Troubleshooter three O
three seven one three talk three O three seven one three.

Speaker 5 (01:42:41):
Eight two five five.

Speaker 4 (01:42:43):
Okay, Now it's also three oh three Martino three oh
three sixty seventy four sixty six.

Speaker 6 (01:42:48):
Melissa.

Speaker 4 (01:42:48):
We're running out of time, but you have a two
thousand and five Toyota sole, right, Melissa, I'm just gonna
have to wait, Melissa.

Speaker 5 (01:42:58):
I'll take you right after the break.

Speaker 4 (01:42:59):
Deputy also has a follow up, and Deputy d has
a follow up, so we'll talk about that and more
coming up on the Troubleshooter Show.

Speaker 5 (01:43:06):
Three oh three seven one three h two.

Speaker 6 (01:43:08):
Five five.

Speaker 4 (01:43:18):
Go with a sure thing Denver's Best roofer Excel Roofing
dot com you.

Speaker 13 (01:43:22):
Don't pay a cent until you're content.

Speaker 4 (01:43:28):
Time for an insurance checkup free no obligation comparison call
Compass Insurance paying too much your coverage at dozens of
insurance companies. Find out now three oh three seven seven
to one help. You'll think you're his only customer when
you choose Frank durand the real estate man dot com
to list your home with Remax Alliance.

Speaker 5 (01:43:45):
Three oh three nine two zero sixteen twenty two.

Speaker 8 (01:43:56):
News.

Speaker 10 (01:43:58):
You don't have.

Speaker 1 (01:44:01):
Run as we can. Shoot's gonna help.

Speaker 3 (01:44:06):
Come man, This is the Troubleshooter Show. No Tom Martine, Heillo.

Speaker 4 (01:44:13):
I'm Tom Martino, and I welcome you to the show.
Three oh three seven one three talk seven one three
eight two five five. Of course those people joining us,
we love you from around the country. I'm getting your text.
I am getting your message on the iHeart iHeart app
and from our downloaded podcast and also our YouTube channel
and on the YouTube channel. I'm gonna put something up
right now. I want your opinion on. I'm just gonna

(01:44:34):
leave it there for a few minutes. I want you
to look at it my YouTube morans, Please tell me
what you think. Three oh three seven one three talk
three all three seven one three A two five five.
I want to know if you get it anyway, So
that's kind of a local flavor for Denver. I put
it up there. But I'm gonna take a phone call
right now from Melissa. Melissa has an oil change situation. Melissa,

(01:44:57):
what's going on?

Speaker 16 (01:44:59):
By the thank you?

Speaker 19 (01:45:00):
Yeah, I had an oil change performed. This was not
my regular mechanic, but they happily did it.

Speaker 13 (01:45:07):
And then driving what did you have the oil change on?

Speaker 4 (01:45:10):
Let me see, it was the two thousand and five Toyota, yes, correct,
And how many miles on.

Speaker 19 (01:45:16):
That at the time that we went in there was
one hundred and ninety seven.

Speaker 4 (01:45:20):
Oh my gosh, one hundred and ninety seven.

Speaker 5 (01:45:22):
Whoo yeah, okay, and.

Speaker 19 (01:45:24):
It's a wonderful car. Anyway, they did not put the
right oil filter in and so I of course had
oil all over and that was in the middle of
driving and anyway, so they're not I know, God, and
the receipt.

Speaker 4 (01:45:45):
What was the result of the wrong oil filter? Did
your engine sees.

Speaker 19 (01:45:49):
Well, I'm not sure if i'd call it that, but
I mean I had to get a tow truck in
the coffe No, no, I.

Speaker 5 (01:45:54):
Mean, what's wrong with it right now?

Speaker 4 (01:45:56):
What's wrong with it right now?

Speaker 3 (01:45:57):
Well?

Speaker 19 (01:45:58):
I had another and try to help fix it a
little bit, and he put in a correct oil filter.
And so now we're just kind of on pins and needles,
because what does it run?

Speaker 5 (01:46:10):
Does it run?

Speaker 19 (01:46:12):
It ran for about one hundred feet then and a
check engine light came on and I was larry.

Speaker 10 (01:46:19):
To drive it further.

Speaker 9 (01:46:21):
This is after it was fixed, well fixed as in
the oil part was Melissa.

Speaker 4 (01:46:29):
Here's what I'm asking When you drove away, who did
the oil change where they put the wrong filter on?

Speaker 19 (01:46:36):
You want the name of the company, Yeah, Littleton Auto Repair.

Speaker 4 (01:46:41):
Okay, So so when you drove away from that place
it what were the symptoms when you drove away?

Speaker 19 (01:46:48):
No, it was fine for a while.

Speaker 11 (01:46:50):
It was fine for how long?

Speaker 9 (01:46:52):
For how eight weeks?

Speaker 11 (01:46:54):
Oh?

Speaker 19 (01:46:55):
Okay, I drive?

Speaker 4 (01:46:57):
Okay? Eight weeks later? What happened eight weeks later? Just
tell me what happened eight weeks later?

Speaker 19 (01:47:02):
All power was gone, couldn't drive. It didn't have power
steering to make the corner off of Wadsworth.

Speaker 5 (01:47:07):
Wait wait, wait, you didn't have power steering, but the
engine was running?

Speaker 19 (01:47:11):
No, no, nothing, nothing, Okay, So you were.

Speaker 4 (01:47:14):
Driving along and it stopped eight weeks later, correct, Okay,
And that's when you called this other place.

Speaker 6 (01:47:22):
Who'd you call to fix it?

Speaker 11 (01:47:25):
Oh?

Speaker 19 (01:47:25):
The other the other mechanic that came in was a friend,
thirty year mechanic for a utility company in town.

Speaker 6 (01:47:31):
Okay.

Speaker 5 (01:47:32):
Took it to a friend mechanic, right, and then and
then he fixed it.

Speaker 19 (01:47:37):
Well, he changed the one. He just took a look
at the oil filter and all that kind of did.

Speaker 6 (01:47:41):
It once over?

Speaker 5 (01:47:42):
Did he changed the oil filter?

Speaker 19 (01:47:44):
Correct?

Speaker 4 (01:47:45):
Yes, he did, Okay, put the correct oil filter on.
Then how long did it run after that?

Speaker 11 (01:47:51):
It hasn't.

Speaker 5 (01:47:52):
That's when it's it pooped out.

Speaker 19 (01:47:55):
Well, No, it pooped out Friday night when every light
on the dashboard lit.

Speaker 10 (01:48:01):
Up and I had nothing.

Speaker 6 (01:48:03):
I'm confused.

Speaker 4 (01:48:04):
Your friend the mechanic put the right oil filter on,
and you said it did not run, but it did
run for a while.

Speaker 19 (01:48:14):
Well, no, because I had it towed back home and
he just did what he could do with.

Speaker 11 (01:48:21):
The I get it.

Speaker 4 (01:48:22):
When did it fail after the correct oil filter the
first time you tried to drive it?

Speaker 19 (01:48:30):
Yeah, the check engine light came in.

Speaker 4 (01:48:32):
The very first time, so it never ran again. Is
what we're saying correct, Okay, I.

Speaker 19 (01:48:38):
Mean it might have. It's just that I was afraid
to drive it with the check engine light on since
I got.

Speaker 4 (01:48:43):
Right now, if you okay, if you tried to drive
it with the check engine light, would it drive?

Speaker 19 (01:48:50):
I don't know, okay, Okay, I turned right around.

Speaker 6 (01:48:53):
All right.

Speaker 5 (01:48:54):
So let's just go to the worst case scenario.

Speaker 4 (01:48:57):
Okay, And again, I don't want you to hate me,
but you're going to I know, no, no, no, I'm
going to tell you the legal what will happen. John
Fuller is an attorney. He's I should bring him up
right now. By the way, John Fuller, Fuller Law. He
is our attorney today for personal injury and other things.
Is he there right now? Yeah?

Speaker 2 (01:49:16):
He is.

Speaker 4 (01:49:16):
Okay, So I'm going to bring him up. I'm going
to bring you up, John, And you know what I'm
going to say. So, she's got a two thousand and five.
So for all practical purposes, now is when the time
cars come out. So it's a twenty year old car,
and it's a twenty year old car with almost two
hundred thousand miles. Let's go right to the worst case
scenario and say they ruined her car.

Speaker 5 (01:49:42):
They ruined it. They ruined the engine. First of all,
what would they owe her?

Speaker 4 (01:49:46):
John, give her the legal answer that the legal truth,
give her the truth.

Speaker 8 (01:49:52):
The cost of a twenty year old, two hundred thousand
mile engine. Yes, right, you're only entitled to recover what
you lost. You're not entitled to a brand new vehicle.
And I don't get the central or a new engine.

Speaker 5 (01:50:08):
That's the problem.

Speaker 8 (01:50:09):
And just to make the point that you couldn't, you couldn't,
You couldn't reasonably expect that if what you had got destroyed,
that the only measure that would be appropriate would be
a brand new, you know, not twenty year old, not
two hundred thousand mile engine.

Speaker 4 (01:50:25):
So and we're not we're not claiming, but we're not
claiming that you're trying to get a new car. So
we're not even claiming that you're not. You don't sound
it reasonable all. But here's what I want to lay
out to you, the scenario that John did not mention.
Let's say they found a one hundred and ninety seven
thousand mile engine and they're willing to replace it, but

(01:50:45):
it's going to cost them, with labor and stuff, five grand.
They don't have to do it if the truck is
not worth five grand or the selar, I'm sorry, they
only have to give you what it is worth. They
either have to fix it or give you the value
of it. They don't have to go over the value
of it. So what do you want? Let's assume and

(01:51:10):
I would assume that that engine's toast. I would assume it.

Speaker 6 (01:51:13):
What do you want?

Speaker 9 (01:51:15):
Oh, you know, I know everybody makes mistakes.

Speaker 15 (01:51:19):
I get that.

Speaker 19 (01:51:20):
But you know I have never had trouble.

Speaker 10 (01:51:23):
With this car.

Speaker 6 (01:51:24):
I understand.

Speaker 5 (01:51:25):
No, No, I get that.

Speaker 4 (01:51:26):
What do you want? I'm really asking. I'm not asking
for a correct answer. I'm asking for your answer.

Speaker 6 (01:51:31):
What would you do?

Speaker 19 (01:51:32):
What would I guess?

Speaker 4 (01:51:33):
Just what?

Speaker 9 (01:51:34):
Would ever make it run again?

Speaker 4 (01:51:36):
No, but they're not going to if it's worth if
making it run again is going to cost too much.
What do you want? Let's say, I mean, what do
you want?

Speaker 19 (01:51:47):
Is there a scenario where they would just say, okay,
we'll give you fifteen hundred dollars worth of I don't
know engineers.

Speaker 4 (01:51:55):
Of course, of course, of course there is there's a
scenari where they owe you one of the value of
that vehicle. I'm not denying that. I just didn't want
to have you expecting them to pay whatever it takes.
So I'm trying to discern or find out how much
that car would be worth on the open market. And

(01:52:18):
and cars dot Com is one of the best sources
in the world. And Deputy D is looking it up
right now, and so let's figure it out. Let's what
what you Deputy D is going to let us know
I'm putting on. I'm putting them up. Okay, do you
do you have an idea yet?

Speaker 18 (01:52:32):
No?

Speaker 7 (01:52:32):
And I get I'm on cars dot com. There's just
a lot of drop down man use for me to work.

Speaker 6 (01:52:36):
Okay, it's really easy.

Speaker 4 (01:52:37):
And then what we're gonna do is figure out and
then you can either ask them or sue them in
small claims court. Now, John, what arguments would they have
in defense?

Speaker 8 (01:52:49):
Well, just said, you know, it's the same, it's the
same basic thing, Tom. They're they're going to suggest that,
you know, she's trying to get better meant.

Speaker 4 (01:53:00):
And but not if she just wants the value of
the car.

Speaker 6 (01:53:05):
Well, they're going to suggest that they didn't destroy the
whole car.

Speaker 4 (01:53:08):
They just you know, no, no, I understand that. But
if it's going to cost more than it's worth to fix.
I mean, we can go in that circular argument all
day long. But yeah, I mean it's either the value
of the car the value of what they broke, right,
So I mean, yeah, I.

Speaker 6 (01:53:24):
Don't even see a Selearra. What is the Selera? What
is it?

Speaker 7 (01:53:27):
It's actually called a Camriselera in cars dot com. And
there's nothing with that many miles, but around one hundred thousand,
one hundred twenty thousand. The asking prices are I can
see from six thousand from that year, Yeah, two thousand.

Speaker 4 (01:53:42):
And five, okay, so if it has half the miles
it would be it would be way down.

Speaker 5 (01:53:48):
So so it's about six grand for what.

Speaker 6 (01:53:52):
So here's here's one.

Speaker 7 (01:53:55):
Here's a two thousand and five Camerasolera with only ninety
five thousand on it, and that's ninety five hundred dollars.

Speaker 6 (01:54:02):
She would never get that now.

Speaker 7 (01:54:04):
And there's seven with one hundred and forty seven thousand,
and that's only sixty eight hundred. And that's a convertible,
by the way, So it's probably about a I have
a question from Melissa.

Speaker 5 (01:54:15):
Five grand. I'm thinking four to five, yeah, five, maybe
go ahead with question.

Speaker 20 (01:54:21):
Did you you commented that your friend, replace the correct
oil filter and filled up the engine with oil.

Speaker 4 (01:54:27):
Does it this full of oil?

Speaker 19 (01:54:28):
Now it holds oil?

Speaker 2 (01:54:30):
Now?

Speaker 12 (01:54:31):
Yes?

Speaker 20 (01:54:31):
Well, then I don't think you have nothing to lose.
Start to see see if it's starting.

Speaker 4 (01:54:36):
You have nothing to lose because you're not going to
get more because you didn't drive it.

Speaker 17 (01:54:40):
You're under the assumption the engine's bad.

Speaker 11 (01:54:42):
Let's prove it.

Speaker 17 (01:54:43):
Start, Yeah, Start and run.

Speaker 19 (01:54:45):
It right so I can just run around the neighborhood
or something so I'm not stranded out somewhere.

Speaker 4 (01:54:50):
Okay, I'm going to say that it's going to be
worth about four grand. It's going to be worth about
four grand.

Speaker 13 (01:54:58):
Okay.

Speaker 4 (01:54:58):
Here's here's an old five selara is yours a V
six it is? Here's one with one hundred and fifty thousand.
It's a fair deal fifty seven hundred. So I would
say maybe five to six grand. Now, what you can
do is you can go and find as many comps

(01:55:19):
as possible and sue them if you think. But I
want to give this to somebody to negotiate for you.
But first, the very first thing you.

Speaker 5 (01:55:26):
Do is make sure it's bad, right, Okay, you need
to do that first.

Speaker 4 (01:55:32):
Yeah, And the way you do that is drive it
and then take it over to Kevincoulkin at sheridanautotech dot
com and have him just run a real fast check
with the computer to see the compression and if it
still runs, then leave it alone.

Speaker 5 (01:55:47):
Okay, I mean, I don't think I would do anything.

Speaker 4 (01:55:49):
If not, then you sue them for the value of
the car, or you call us and we'll negotiate for you.

Speaker 5 (01:55:55):
But you call us back, we'll assign this to someone.
But first drive it.

Speaker 10 (01:56:00):
Okay, yeah, I will.

Speaker 5 (01:56:02):
If it's going to fail, it's going to fail. I mean,
waiting for it to fail won't help you.

Speaker 4 (01:56:06):
You need to find out as quickly as possible to
make the connection to the oil change.

Speaker 9 (01:56:10):
Okay.

Speaker 19 (01:56:11):
Well, and is this detail relevant? The model number of
the oil filter they have on my receipt is completely
different than what was in the car.

Speaker 6 (01:56:23):
What is the filter from the same manufacturer.

Speaker 5 (01:56:26):
I don't get the point you're trying to make. What's
the point you're making?

Speaker 19 (01:56:31):
Well, the model number of the filter they put on
my receipt is probably the right model number that should
be in the car.

Speaker 5 (01:56:39):
But it was, Well, did your mechanic retain the one
they put on there?

Speaker 6 (01:56:43):
Yes. Well, good, that's your evidence.

Speaker 5 (01:56:45):
I mean, okay, yeah, yeah, I know.

Speaker 4 (01:56:47):
I see what you're saying. They probably put the wrong
one on but wrote the right one down.

Speaker 6 (01:56:52):
Core.

Speaker 5 (01:56:52):
Did he say the right one was written down?

Speaker 11 (01:56:55):
Yes?

Speaker 19 (01:56:56):
Well I'm assuming that's the right one.

Speaker 4 (01:56:58):
Yes, all right, Well Melissa, you just keep that old one, Okay,
you just keep it. And by the way, did he
say the oil was all out of it? How much
oil was still left in it? None? Oh crap, those
cars will run a few minutes without oil. Listen, you
may have stopped quick enough.

Speaker 5 (01:57:16):
Put it.

Speaker 4 (01:57:17):
Do what Bo said, put some oil in it and
run it. I got to take your break. Three all
three seven to one three talks seven one three, eight
two five five don't forget eight eight eight heating dot
Com for your deep clean just forty five bucks. That's
what they're doing. They're honest people. If you need a replacement,
they specialize in high efficiency units, so if you're looking
for a replacement, it'll last you and save you money
for years. Eight eight eight heating dot Com. Go with

(01:57:45):
a sure thing Denver's best roofer Excel Roofing dot Com.
You don't pay a cent until you're content. Time for
an insurance check up free, no obligation. In comparison, call
Compass Insurance paying too much coverage at dozens of insurance
companies find out now three all three seven seven one help.
You'll think you're his only customer when you choose Frank

(01:58:07):
durand the real estate man dot com to list your
home with Remax Alliance three all three nine two zero
sixteen twenty two. Hi Tom Martino, your troubleshooter three O
three seven one three talk seven one three eight two
five five Deputy BO, you have a follow up, sir, let's.

Speaker 20 (01:58:30):
Go to This is Pama that called in uh Monday,
last Monday and twelve o'clock hour.

Speaker 17 (01:58:37):
She was a long she's a long term tenant at
the RT she was renting.

Speaker 4 (01:58:42):
Uh, let's see the uh.

Speaker 5 (01:58:44):
She called it a tree apartment.

Speaker 4 (01:58:46):
It's a tree yes, atri I or htri something, and
it was three years she's been renting. And she says
Venezuelans live there and are partying all night. And she
wanted another Section eight apartment at Mosaic. They were denied
due to a felony.

Speaker 20 (01:59:06):
Right. I didn't get into those details with her, but
she did tender over a thirty day notice of a cake,
and when she was looking into the mosaic, I guess
the situation over there was worse. So she wanted to
stay and resin. She wanted to stay in the ARTEA apartments,

(01:59:27):
so they would not let her do it. But we
made five voicemail calls and two emails over there, and
I followed up with her over the weekend and they
decided to ressend the thirty day notice.

Speaker 17 (01:59:43):
With her because they were tired of the troubleshooter call
a show leaving.

Speaker 4 (01:59:49):
Well, I'll tell you what else they should be tired
of that they're treating the Venezuelans better than they are her.
Now again, I'm not hate Venezuelans. I help a lot
of Venezuelans families and I love the ones i'm helping.
There are good and bad in every crowd. This one
is and the ones I'm helping. We're are legally here
on asylum right now. But I want to say this,

(02:00:10):
This thing about Venezuelan's and apartment houses is true, and
that's why I put up that graphic about YouTube. I
want to know what my morons think about that graphic
I made, denying news. Get it denying news actually, I
put denying views. If it's against the narrative, we'll deny
it every time. Absolutely. So it's like they spend more

(02:00:32):
of their time saying what's not true according to them
than what is the news. They we see nothing, we
hear nothing, we say nothing.

Speaker 5 (02:00:41):
So I'm really happy about that.

Speaker 17 (02:00:44):
I am for her too, because she did not she
had a change her heart and did not want to move.

Speaker 20 (02:00:51):
I made it. The mosaic has more problems than the art.
The RT apartments, I don't know, well, it's got reaching.

Speaker 5 (02:00:57):
A lot of them are having problems.

Speaker 4 (02:00:58):
And unfortunately, these decent Venezuelan families who have legal asylum
and are working and all that, they're having trouble now
because they're looking at all of them a scan saying listen,
we don't want this problem, you know.

Speaker 5 (02:01:11):
I mean, it's really difficult right now. Any other follow ups.

Speaker 20 (02:01:15):
BO Champion Windows still working on that, and Mike Marony Chevrolet.

Speaker 17 (02:01:20):
So I don't have any.

Speaker 4 (02:01:22):
Champion Windows, the worst company you could ever deal with
right now when it comes to windows, doors and sidings.

Speaker 6 (02:01:27):
Please remember that.

Speaker 4 (02:01:28):
Three oh three seven to one three talk seven one
three A two five to five. Deputy d let me
go to you you got what going on now? You
have a follow up as well, sir.

Speaker 7 (02:01:37):
Yes, you may recall a few days ago we got
a call from Jessica who had her Alexis service that
Stevenson and Golden and sometime later the wheel fell off
and caused a tremendous amount of damage. So a couple
of really nice positive developments over the weekend and another
one today. So Jessica contacted me on Saturday and said
that Stevenson Lexis is now waiting to get a repair

(02:02:00):
wet from their body shop for that car and they'll
be in touch with her. And today I got an
email from Stevenson and this gentleman said that we're currently
reviewing the circumstances and expect to address the resolution with
the guests soon. In the meantime, we've provided the customer
with a loaner vehicle. So things are happening and very cool.

Speaker 6 (02:02:19):
That deserves Where's my dinger?

Speaker 5 (02:02:23):
Sometimes I can't find my dinger which is there?

Speaker 7 (02:02:27):
And Tom, this is in very star contrast to what
I've been dealing with with another outfit called Drive and Motion,
you may recalled. This is a Greeley dealership and they
also have a store and Thwarton and they sold Jeannette
a jeep that would not pass the mission.

Speaker 5 (02:02:42):
That's right, And they told her it wouldn't and they
sold it to her anyway, and then.

Speaker 4 (02:02:47):
Said you need to and she's looking at like what
five grand to make it pass the missions?

Speaker 7 (02:02:52):
Well, you know, unfortunately, what I think happened is they
sent her in a decoy. They said that the check
engine light is on because the ABS system.

Speaker 6 (02:03:02):
Needs to be repaired, which is stupid.

Speaker 7 (02:03:04):
She just repaired it at a cost of fifteen hundred dollars,
but that didn't take care of the actual problem with
passing the emissions test. And unfortunately, now she's passed that
either three or five day period to rescind the deal.
So nobody a Drive in Motion would return my calls
or emails.

Speaker 6 (02:03:23):
They're just completely ignoring us.

Speaker 4 (02:03:25):
Well, let's put the numb let's put their number out. Well,
drive drive in Motion sold a car that doesn't pass emissions.
Let them know what you think people, when my Martino
Marauders do that.

Speaker 5 (02:03:36):
It works well.

Speaker 7 (02:03:37):
The Greeley store where she bought this jeep is area
code nine seven zero seven nine five zero five zero zero.
That's nine seven zero seven nine five zero five zero zero.

Speaker 4 (02:03:54):
And what we tell them is very simple. We say, look,
we heard about you on the Martino Show. You're selling
cars illegally. We're gonna let everyone know because they are.
If you sell a car into an emissions area that
doesn't pass, you got a problem. Three O three seven

(02:04:14):
one three talk seven one three eight two five five.
We have more coming up on the Troubleshooter Show, Carls.
Just go with a sure thing Denver's Best roofer Excel
Roofing dot com. You don't pay a cent until you're content,
wait time for an insurance checkup free, no obligation. In comparison,

(02:04:35):
call Compass Insurance paying too much your coverage at dozens
of insurance companies find out now three all three seven
seven to one help. You'll think you're his only customer
when you choose Frank durand the real estate Man dot
com to list your home with Remax Alliance three oh
three nine two zero sixteen twenty two. Hi Tom Martine here,

(02:04:56):
I want to go right to the phones because we
have our expert on Brad O'Brien O'Brien Legal Services. He
looked at a lease for us Lucas. Let me sum
this up really quickly. Your lease was technically up when
the end of when.

Speaker 15 (02:05:15):
Lucas, Yeah, the original lease of August first, and then
we did a month to month.

Speaker 4 (02:05:22):
Yes, in fact, the lease called from month to month
after the lease was up, right.

Speaker 14 (02:05:28):
That's my understanding.

Speaker 4 (02:05:30):
Well, that's exactly what it says. So it was up
in August when in August? Was it up the end of.

Speaker 14 (02:05:37):
August August versus the original lease?

Speaker 5 (02:05:41):
And then well, actually then it was then it was
actually September, right, right?

Speaker 11 (02:05:47):
Yeah, we we ended up doing September first.

Speaker 6 (02:05:50):
Okay, let's do this again.

Speaker 5 (02:05:53):
The lease was up, not when you left. When was
the lease the written lease up?

Speaker 4 (02:05:59):
When was it up.

Speaker 15 (02:06:04):
August first?

Speaker 11 (02:06:04):
Is my recollection?

Speaker 6 (02:06:08):
Okay? Okay, August?

Speaker 4 (02:06:10):
So it was up at the end of July, is
that right? It doesn't matter. The lease was up, it
reverted month to month. After it reverted month to month.
You gave them notice you were gonna leave when.

Speaker 5 (02:06:28):
On September first, Okay, and you left September two, is
that right?

Speaker 15 (02:06:35):
That's correct.

Speaker 5 (02:06:36):
They charged you for that extra day, right.

Speaker 9 (02:06:40):
Great, they charged us for September first, and that's it.

Speaker 11 (02:06:43):
We were gone on September one.

Speaker 4 (02:06:47):
Okay, Now here's the problem. They also charged you an
early termination of.

Speaker 6 (02:06:53):
How much.

Speaker 15 (02:06:55):
About five thousand dollars And.

Speaker 4 (02:06:57):
We can't figure out why. If your lease was up
in August or at the end of July, and you
stayed the month of August under the month to month provision,
why would they charge you early termination for leaving at
the end of August.

Speaker 5 (02:07:13):
We have no idea.

Speaker 4 (02:07:15):
Do you have any idea Brad O'Brien after reading that
lease why he would be charged five grand?

Speaker 14 (02:07:23):
Well, this lease was a year long lease that ran
through July one this.

Speaker 4 (02:07:27):
Year of July one. Okay, I'm sorry it ran through
July one, okay, but it provides.

Speaker 14 (02:07:33):
It it automatically goes month month to month.

Speaker 4 (02:07:35):
Yes.

Speaker 15 (02:07:35):
The problem with this lease.

Speaker 14 (02:07:36):
Though, is that there's a fill in the blank where
it says you have to give sixty days notice notice
a notice to VAK so before you move out. If
we actually move out, you have to give a sixty
day notice.

Speaker 21 (02:07:47):
That doesn't work very well in a month to month
situation because of your month to month you still have
to give a sixty day notice, okay, So that that
could be the problem where he gave a thirty two
day notice, where the lease says sixty days is acquired.

Speaker 4 (02:08:02):
Okay, so therefore it's possible that they're charging him for
an extra month.

Speaker 5 (02:08:09):
Maybe why would he be charged five grand?

Speaker 14 (02:08:12):
Well, there is a liquidated damage's provision in this lease
that does have an exact amount that's over five thousand
if you left early during the first year and sixteen.
But that's not even the case. He didn't leave early
during the first twelve.

Speaker 5 (02:08:28):
Months, but he left early afterwards.

Speaker 15 (02:08:33):
Technically, well, he gave the least thirty days notice.

Speaker 14 (02:08:37):
And what we haven't mentioned yet is that in May
of this year, the landlord representative told him by email
that a thirty day notice will be good enough, even
though the lease says sixty days notice is required.

Speaker 11 (02:08:51):
So I think that is a good argument for a.

Speaker 14 (02:08:53):
Waiver of the landlord waves the sixty day requirement and
turned it into a thirty day and so he gets
thirty two two days notice.

Speaker 4 (02:08:59):
So he should have been he should have been good
and they should not have charged that. Do you think
he can go to small claims court and make that
argument for the five grand?

Speaker 14 (02:09:07):
Yeah, but hopefully he doesn't have to. Hopefully a call
to the landlord just to talks in basic sense and
reading their own lease will and their emails will convince
them to.

Speaker 4 (02:09:17):
Or maybe a letter from even a letter from you, seriously,
I mean sometimes it takes that, Yep, Lucas, I would
do that. I would first of all, let one of
our deputies take it and call Okay.

Speaker 5 (02:09:33):
And explain this.

Speaker 4 (02:09:34):
The problem is who understands it enough to take it.
You want to Deputy Deal. Deputy Deal take it because
he's been following it, Kachina. If you can send him
the lease, and then what will happen is if they
don't just voluntarily take that off, then well then you
should get Brad O'Brien to write them a letter. He
can put it very succinctly that you were given permission

(02:09:59):
for thirty days and that's what you gave. Okay, Lucas,
I'm gonna give it to Deputy D. Kachina. Send this
over to Deputy D and Brad O'Brien. By the way,
is seven to zero three seven zero seventy three eighty eight.

Speaker 5 (02:10:15):
Brad.

Speaker 4 (02:10:15):
We certainly appreciate your your your expertise. Of course, olslaw
dot com. Josh, you have a question, Go ahead, Josh,
what's going on?

Speaker 15 (02:10:27):
Hey, I was just.

Speaker 14 (02:10:28):
Wondering if you knew if you could use qualified money
for ves Sarah turnkey.

Speaker 5 (02:10:33):
Okay, that's a very interesting question. Vestera Turnkey is a.

Speaker 11 (02:10:39):
What it is.

Speaker 4 (02:10:40):
It's a rental program where you become a landlord through
Vesteria and they take care of.

Speaker 6 (02:10:44):
All of it.

Speaker 4 (02:10:45):
And I kind of like the program, I really do.
You cannot use qualified money, first of all, in any
investment unless both the investment is approved and the and
you have a independent trustee. So you have to have
a trustee that allows self directed IRA investments. Okay, So

(02:11:14):
if you have it in a regular traditional qualified plan,
you'd have to move it to an IRA with a
trustee that allows you to self direct.

Speaker 5 (02:11:25):
Okay, that's the first step. And the one I like,
I love is Premiere.

Speaker 4 (02:11:30):
We we at Wave eight at my financial company, we
use we use Premier Specific Pacific Premier Trust, Pacific Premier
Trust because they allow self directed If people, for example,
want to investor earn a private fund and all that
with qualified money, we go through Pacific Premier Trust. So
you can do that. Now, the next question, you have

(02:11:53):
to get the investment approved, which means it has to
be a arms length with Vestera Turnkey, it would not
be arm's length because you own the property directly. Okay.
So in order for it to be arm's length, it

(02:12:16):
would have to be an independent company that is buying
this up and selling you a portion of it. It
would have to be like an LLC or an investment
company that would allow you to buy into that. So
you'd have to set that up on your own. But
you can't technically set it up on your own because

(02:12:37):
then you would own the LLC. So you have to
have an intermediary kind of arms length transaction. Does that
make sense, Josh?

Speaker 11 (02:12:46):
It does.

Speaker 4 (02:12:47):
For example, I don't remember what the minimum investment is,
but I've been talking to Barry at length, and I'll
tell you why. I think Barry's minimum investment is sixty
five grand or something.

Speaker 5 (02:12:59):
Okay, I think did you ask him? By the way,
do you know what the minimum is? I hate quote.

Speaker 15 (02:13:04):
I think per minimum says the average is between like
seventy and eighty.

Speaker 5 (02:13:08):
Okay, Okay, whatever it is.

Speaker 4 (02:13:11):
I'm going to tell you something here that I'm working
with Barry on and I'm not trying to take bit.

Speaker 5 (02:13:16):
I think Barry, if you can go directly to barry.

Speaker 4 (02:13:19):
You do that, it's wonderful. But if you want to
do qualified money, or you want to do other money
or less money than that, my company, my financial advisement
company now Wave eight, is going to be setting up
independent LLCs to buy into Vestera Turnkey for part of
their portfolio. So therefore you can buy smaller chunks and

(02:13:41):
you can do it with qualified money through our company.
We were setting up one at a time, so each
each LLC fund will be for one chunk of Vestera
Turnkeys properties. So we will own it along with our
investors who will who want, who decide to be part

(02:14:02):
of it, and for that you can use it. But
if you can go directly, go directly. However, you can't
go directly with qualified money at this point because because
there's no intermediary. We are going to serve as an
intermediary in the very near future. Three O three seven
one three talks seven one three eight two five five.

(02:14:24):
We have more coming right up. Go with a sure
thing Denver's Best Roofer excel Roofing dot com. You don't
pay a cent until you're content. Time for an insurance
checkup free, no obligation in comparison, call Compass insurance paying
too much your coverage at dozens of insurance companies.

Speaker 5 (02:14:43):
Find out Now three oh three seven seven to one help.

Speaker 4 (02:14:46):
You'll think you're his only customer when you choose Frank
durand the real estate Man dot com to list your
home with Remax Alliance three oh three nine two zero
sixteen twenty two. Hi Tom Martine, your troubles you three
oh three seven one three talk seven one three eight
two five five. John Fuller Fuller Law, Personal injuryco dot

(02:15:07):
Com or just Google John Fuller three oh three five
nine seven forty five hundred, John, when it comes to
personal injury, somebody asked, and I think you answered, you
can do a lot of these and most of them
without ever going to court.

Speaker 5 (02:15:21):
Isn't that true?

Speaker 9 (02:15:22):
Oh?

Speaker 6 (02:15:23):
Absolutely, I think you know.

Speaker 8 (02:15:24):
The majority, I'd say probably seventy percent of our practice,
or the cases in our practice get resolved without going
into litigation at all. And then of the ones that
go into litigation, really less than five percent probably actually
go to trial. So if you're a party that just

(02:15:45):
really wants to be treated fairly and get a good outcome,
chances are pretty good that we're going to be able
to accomplish that for you without ever exposing you to
any sort of court appearance or depositions or anything like that.

Speaker 4 (02:15:59):
Now, one of the things I wanted to mention this
is a good point being treated fairly attorneys. Truly, I
know you you're not going to take a case that's frivolous.
I mean, so that in itself, I think insurance companies
come to know.

Speaker 6 (02:16:18):
Oh for sure.

Speaker 8 (02:16:19):
The insurance companies track law firms, they track attorneys. They
know who you know, the people are that can't be trusted.
You know, we have firms that well. We hear stories
all the time from insurance adjusters that say, look, we
were told this and that by a firm and then
they never followed through and did it. You guys, do
what you say. And so that's been my goal to

(02:16:40):
have that reputation for the last twenty two years.

Speaker 4 (02:16:43):
John Fuller three oh three, five nine seven forty five hundred.
Make sure you give them a call first sign of trouble.
I'm Tom Martine. Thank you for being here. Don't forget
three oh three Martino. Anytime you need help, information and referrals.
Three oh three Martino More tomorrow