The Troubleshooter 5-5-25

Episode Transcript

Speaker 1 (00:00):
Yeah, with.

Speaker 2 (00:07):
You need advice, you don't have.

Speaker 3 (00:12):
Come running just as fast as we can.

Speaker 2 (00:16):
Shooter's gonna help.

Speaker 3 (00:18):
Come.

Speaker 4 (00:19):
Dix, It's the Troubleshooter Show. Now Tom Martino.

Speaker 5 (00:27):
Well, we don't have Tom Martino. We have Marco Bendinelli
in the studio today. I am filling in for Tom
Martino and Mark Major, who happened to be out. We
can talk a little bit about that later, about where
they are and what they're doing. Uh, But we have
a great show uh lined up for you today. We
are ready for your calls. So dial in. Should you

(00:50):
have a question a problem? Three oh three Martino three
O three seven one three.

Speaker 6 (00:57):
Eight two five five.

Speaker 5 (01:00):
You are listening to the Troubleshooter Show, and you probably
know that this is the home of the consumer advocate,
the people champion, the Tom Martino Show. And as Tom
would say, have you been ripped off taking advantage?

Speaker 6 (01:15):
Do you need some help? Well, we are here to help.

Speaker 5 (01:17):
For over forty five years, Tom has been listening to
your complaints, answering your questions, and solving your problems. Hundreds
of millions of dollars in cash, merchandise and services have
been recovered. And so if you have any of those
things that you'd like to talk about. Call us now

(01:39):
three O three and call early because we have some
lines open three three Martino, and you can also email
us at help at troubleshooter dot com.

Speaker 6 (01:51):
Now again, I am Marco Bendinelli.

Speaker 5 (01:54):
I am pleased, honored, privileged to be filling in for
Tom and Mark. This is my first time doing this.
I am excited to be here. We have a great
show lined up for you today. We have a special
guest coming in in a couple hours, a former lieutenant
of the Aurora Police Department, Gary Millspaw, and he'll be

(02:17):
here to answer your questions, tell you some stories, and
it'll be, I'm sure, very exciting and interesting.

Speaker 7 (02:23):
Absolutely, Marco, and I think one of the reasons it's
going to be so entertaining is it's going to be
our first ever ask me anything session. So if any
of us, like me and like you who's a big
time lawyer, and any of our listeners have for I
wanted to ask a real cop with about fifty years
experience anything, how to get out of a ticket, How
do you know if they're going to write you a

(02:44):
ticket or give you a warning? How many donuts do
they really eat in the day? Man, this is the
day to start calling in.

Speaker 6 (02:51):
I'll tell you that sounds.

Speaker 5 (02:52):
I don't know how exciting the donut question is, but
those other ones are relevant and interesting.

Speaker 6 (02:58):
Now, my name again is Marco Bendinelli.

Speaker 5 (03:02):
I am an owner and founder of the Bendinelli Law Firm.
I've been a practicing lawyer since nineteen ninety five, which
some people would say that is thirty years. I would
say that makes me old, okay, but anyway, I experienced experience, right, tenured, mature.

Speaker 6 (03:24):
Anyway.

Speaker 5 (03:25):
We can be found at COEO Law Firm dot com.
CEO like Colorado so wwwco Law Firm dot com. And
you can call my law firm if you need me
for any reason at I could be reached at one
eight hundred Attorney, one eight hundred Attorney. So if you

(03:48):
wonder if you have a case you need some legal advice,
you have a question for me, I can be reached there,
not today, but I can be reached at one eight
hundred attorney.

Speaker 8 (04:00):
So Marco, will you pick up if somebody calls one
eight attorney?

Speaker 5 (04:05):
Well, I hope the line would be answered, but not
by me personally. But I am there. You know, I'm
there forty hours a week. Even though I'm not a
young man. I love what I do. You know, we
have a personal injury law firm, and somewhat like Tom,
you know, it's a little different, but we help people,

(04:27):
you know, and for thirty years. I've been in Colorado
since nineteen ninety seven, and I opened up in my basement. Honestly,
now we have about thirty people strong.

Speaker 9 (04:39):
Now thirty people yet thirty people working for you.

Speaker 6 (04:42):
Yes, sir.

Speaker 5 (04:43):
And we have attracted some of the best legal talent
in the state.

Speaker 6 (04:48):
And we help people, you know.

Speaker 5 (04:51):
So the premise when I opened up my law firm
was that we want to practice law with excellence, and
we want to practice law with integrity. And we are
personal injury. So people that find themselves injured by the
negligence of another, they call us and.

Speaker 6 (05:10):
We get them justice.

Speaker 5 (05:11):
And unlike most law firms, we try more cases than
just about any other law firm in the state because
we don't allow our clients to be pushed around, and
I think we are different in that regard. We require justice,

(05:32):
and you know, we don't sell our clients down the river.
And so we had a lot of trial experience and
that's what we do. I've actually set some records in
this state.

Speaker 6 (05:45):
I have, Yeah, I have.

Speaker 9 (05:48):
Can you tell us, Marco, Well, I'll tell.

Speaker 5 (05:50):
You I have two seven figure verdicts within thirty days
of one another, and they were against big corporations. And
by the way, that's been verified by the Colorado Jury
Verdict Reporter, who is a service that keeps track of
all the jury verdicts in the state. And uh so

(06:13):
I've set a record in that regard. And you know,
we we've we've we've accomplished some sizeable verdicts, and a
lot of those verdicts have come, you know, when the
insurance company has really been insulting our clients, you know,
and so we we take them the task and uh

(06:35):
and we've had a lot of success.

Speaker 8 (06:37):
So, Marco, I have a question on these successful verdicts.
Where these achieved by your firm actually going to trial.

Speaker 5 (06:45):
Well, that's that is a verdict. Uh When you say verdict,
that means that it went to trial. Anything anything other
than that would be a settlement.

Speaker 9 (06:52):
Okay, that's a difference.

Speaker 8 (06:54):
And I like the way that your firm actually it
takes is not a afraid to go to triut because
I think a lot of these personal injury attorneys that
I've talked to and dealt with, they're just more interested
in doing that backdoor settlement without really testing the waters
and going to trial because I know there's a lot

(07:15):
of preparation and time to go to trial, and I
think a lot of PI attorn attorneys.

Speaker 9 (07:19):
Just don't do it.

Speaker 8 (07:20):
They just look for an easy, you know, conference call settlement.

Speaker 5 (07:25):
It's true, and you know, and that does separate us.
And you know, there's a lot of lawyers on television
and radio that you know that that are vuying for
your attention and your business. And but what the public
doesn't understand is that, like BO said, or Deputy by

(07:46):
the way, I'm gonna interrupt myself and say, we have
some wonderful deputies here today. We have Deputy Dmitri and
Deputy both and.

Speaker 6 (07:56):
I am really glad they're here to accompany me.

Speaker 5 (07:59):
But getting back to what I was saying, a lot
of the general public don't understand that when you call
a law firm and you have a case, they'll take
your case. But you know, you got to ask them,
do you have a trial calendar?

Speaker 6 (08:16):
Are you really doing pushback? You know, we have in
my office.

Speaker 5 (08:21):
We have a litigation meeting every week every Wednesday. I
run it and with all the lawyers, and we've got
a heavy litigation calendar, and that's an indication that we
push back.

Speaker 3 (08:33):
You know.

Speaker 5 (08:33):
And you know, when I was a young, young lawyer
a long time ago, I had a mentor who was
the president of the Colorado Trial Lawyers Association, and I
really looked up to that man. His name was Larry Lee.
He was a practicing attorney in Boulder, Colorado, and he

(08:54):
kind of took me under his wing. And you know
I used to look at him with fifty and pieces
in my eye. I mean, I just the guy could
do no wrong. Whatever he said was gospel. And as
he was, you know, training me or you know, raising
me up, so to speak, he told me that one

(09:15):
hundred percent of your cases.

Speaker 6 (09:18):
Are not made to settle.

Speaker 5 (09:22):
And you know what that meant to me is that,
you know, to have any to do personal injury practice,
personal injury law, and have any self respect, you know,
you need to be trying cases. And I've been a
featured speaker at the Colorado Trial Lawyers Association annual convention.

(09:43):
You know, sometimes just in Steamboat or Veil or you know,
one of these nice places for the weekend and happens
every August. And I've actually been honored to be asked
to speak at the CTLA convention a number of times
over over my career. And you know, at one point,
you know, I said to the trial lawyers, I said,

(10:06):
we are the Colorado Trial Lawyers Association, and why is
it only fifteen or twenty percent of our membership is
actually trying cases? You know, it wasn't a popular message.
I hope, I hope I don't get any blow back
from saying that on the air, But you know it's true.
And you know, you want to hire a lawyer when

(10:26):
you have an issue that really is a competent litigator.
Not that your case is guaranteed to go to trial,
but you're guaranteed that you know your lawyer is going
to push back and and you know, so there's a
lot of lawyers, like I said on the television, on
the radio, and but you know, insurance companies don't respect

(10:49):
settlement meals.

Speaker 6 (10:51):
You know, they don't respect settlement what meals?

Speaker 5 (10:55):
M I l LS old mills Like okay, I understand, yeah,
you know, like you know, like a Deputy Beau was saying,
you know, they settle everything, and you know, obviously they're
not paying top dollar to those firms because they know
that they're not going to go to trial.

Speaker 8 (11:15):
And well, Morco, wouldn't they like that if the insurance
company knows you're not going to trial, because that means
the settlement is going to potentially be a lot.

Speaker 6 (11:24):
Less well exactly exactly. Uh.

Speaker 5 (11:27):
You know, so the insurance companies keep a dossier on
every lawyer in the state, and.

Speaker 6 (11:33):
It matters who your lawyer is.

Speaker 5 (11:35):
I mean, we've had I've had a seven figure verdict
in twenty twenty four on a case that we were
offered like, you know, forty thousand dollars and we you know,
had a seven figure verdict. So anyway, Uh, so we
are looking for your calls. We are ready to answer
your questions. Uh three oh three Martino, that's three three

(11:59):
six two eight four sixty six. Uh, it's about time.

Speaker 6 (12:03):
For a break, so we will be right back.

Speaker 10 (12:10):
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Speaker 11 (12:14):
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Speaker 10 (12:20):
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Compass Insurance paying too much your coverage at dozens of
insurance companies.

Speaker 5 (12:28):
Find out now three all three, seven, seven to one help.

Speaker 10 (12:31):
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 5 (12:47):
Anytime we are back. Uh, we have open lines. We
are looking for callers, So right now, before we get busy,
take the opportunity, give us a call three oh three
Martino or three oh three seven to one three talk.

Speaker 6 (13:09):
My name is Marco Bendinelli.

Speaker 5 (13:11):
I'm filling in for Tom Martino and Mark Major, who
is not in.

Speaker 6 (13:16):
The studio today.

Speaker 5 (13:18):
And so I am a lawyer and in Denver and
have been practicing for thirty years.

Speaker 6 (13:25):
Sometimes you know that's a double waged sword.

Speaker 5 (13:29):
You know, it inspires confidence because people know your experience,
but it also communicates you know that you've been around
for a long time.

Speaker 6 (13:37):
So I'd rather be thirty five.

Speaker 5 (13:41):
But you know, at age thirty five you don't have
thirty years of experience.

Speaker 6 (13:45):
So you know it comes with the territory, Marco.

Speaker 7 (13:48):
If it's if it's not inappropriate, I'd like to talk
to you about some of the torts that are committed,
you know, from your perspective as a plaintiff's injury lawyer,
some of the torts that are committed by minors.

Speaker 6 (14:00):
I think there are a lot of misconceptions.

Speaker 7 (14:02):
Out there about Hey, if a minor did it, his
parents are automatically financially responsible, regardless of insurance. But so,
for example, where I live, there are a lot of
these scooters, you know, the red by the hour scooters,
and they are absolutely driven recklessly on the sidewalks on
the roads. And it was sometime last year I observed,

(14:23):
while stopped at a red light, I observed a scooter
smashed into a car that was also stopped on the
other side of me, the other side of the red light,
and clearly did a lot of damage to the car.
The rider of the scooter miraculously seemed to be uninjured,
or at least uninjured to the extent that he got
up and took off running faster. And I've ever seen

(14:45):
anybody run really, So what can the driver of this
car do other than making a claim on his insurance policy,
Because you know, a lot of people don't have comp
and collision insurance. They just have you know, for Lucky,
they just have the state mandated me to him minimums.
What can this what can this driver do to have

(15:05):
his damage just mitigated?

Speaker 6 (15:06):
If anything? Okay?

Speaker 5 (15:07):
Well, you know, first of all, when we are contacted
by people that are injured or you know injured really uh,
it's usually the rider, uh you know, where there may
be a claim that you know, insufficient training. Uh, the

(15:29):
the I don't know what you call.

Speaker 6 (15:31):
Them scooters or things you stand on.

Speaker 5 (15:33):
You know, you see him downtown all the time, and
it's usually like you know, bad design.

Speaker 6 (15:38):
The wheels are too small to take bumps right.

Speaker 5 (15:42):
And and so uh, you know, my experience has been
from that angle. Now, as far as a victim of
property damage from one of these things, I would assume,
and I'm not positive, and I could look into this
for you, but I would assume that the commpathy, you.

Speaker 6 (16:01):
Know, whether it's Lyft or what's the other one.

Speaker 7 (16:05):
There's a Ginger has their I think Hooper has their
hand in his business, and there's some other one.

Speaker 6 (16:11):
There three big ones downtown.

Speaker 5 (16:13):
Right, Lime, I think there's one, right, that's the one
I was trying to think of, and anyway, I would
assume that they have liability, uh, some type of liability
insurance on their scooters and so.

Speaker 6 (16:26):
You know, but but.

Speaker 5 (16:27):
To segue off of that, a lot of times uh,
you know, getting away from scooters. But but young people
causing accidents, are causing injuries. You are correct in that
a minor, the parents are responsible for the damages caused
by the minor. And so when we, for example, we

(16:49):
file a lawsuit, we have to include a special claim,
uh the family car doctrine, so to speak, you have
to plead that when you're filing a loss suit when
the vehicle was operated by a minor. But again, most
of our experience or exposure with the scooter stuff, you know,

(17:10):
it's from people getting her from operating them. So I
don't know if Lime and Lift and Uber has insurance
on their scooters.

Speaker 6 (17:18):
I would assume they would have to. You know, Yeah,
it just totally makes sense.

Speaker 7 (17:23):
But it also feels like their business model is kind
of reckless in the sense that they give this scooter
or one of those electric bicycles to anybody regardless of
their impairment. A lot of these people that I see
are I mean, they're clearly intoxicated. They're smoke coming out
of their mouth while they're riding. Now, Marco, if I
gave an electric scooter to somebody who go zoom down

(17:45):
the sidewalk who I know has been smoking dope, right,
you know, his eyes are slightly crossed and you know
he's eating funions, wouldn't I incurse some sort of a
liability in this manner?

Speaker 6 (17:57):
You know, it's gonna be really hard to screen.

Speaker 5 (18:01):
I think, well, you know, I was in Chicago one
time personally and I had to and I needed to
get around.

Speaker 6 (18:08):
And you know, when you're.

Speaker 5 (18:09):
Downtown, it's not very practical to call a cab all
the time or get an uber if you're going you know,
a half a mile away, and so it was really convenient,
and I downloaded the Lime app okay, and you know, yeah,
I'm a former semi athletic gentleman, but so I have
a little bit of balance.

Speaker 6 (18:28):
But anyway, it made.

Speaker 5 (18:29):
It took me through these series of questions, uh, you know,
and uh, it asked.

Speaker 6 (18:35):
Me some things, and I.

Speaker 5 (18:36):
Guess that was there to shield them for some type
of liability. And you know, and I think that in
some ways, you assume the risk, you know, when you uh,
you know, download the app and run a scooter, you've
got to know that, you know, you know, they're they're
potentially dangerous. So wait, we got some calls on the line.

(19:01):
We have Margaret, she has an issue with one source
air conditioning. Thanks for calling Margaret.

Speaker 6 (19:07):
We got Jim. Oh, looks like Margaret ran out of patience.

Speaker 5 (19:12):
Margaret ran out of patience, called back. Margaret called back.
You only were on hold a couple of minutes. But
we do have Jim. He has a question about being served.
So Jim, you need you.

Speaker 6 (19:23):
Need to tighten up that that question a little bit.

Speaker 5 (19:26):
Being served you mean served with a lawsuit or served liquor.

Speaker 7 (19:29):
A margarita, served with a cold pizza.

Speaker 12 (19:33):
Okay, I told Kelly the situation, but it was a
convoluted story, am.

Speaker 1 (19:39):
I on the air?

Speaker 6 (19:40):
Oh yes, okay, cool.

Speaker 12 (19:43):
So basically, my son got into a business disagreement with
a guy from New Jersey, right, okay, and uh my
son actually lives out of state, but we do have
a houis and call out of here. So he uh,
you know, they're trying to do the lawsuit here because
some of the the situation was was the packages that

(20:08):
were sent were sent to this state.

Speaker 6 (20:10):
Jim Jim, Jim, Jim Jim, you need to back up
a little bit.

Speaker 5 (20:13):
Okay, you need to explain to us a little bit
about this business dealing. You know, was your son of
Colorado resident? How old is your son? Who's this guy?
You know, this individual from New Jersey?

Speaker 12 (20:26):
Yeah, he was eighteen when this happened. And technically he
doesn't have a residency here because he's working internet why businesses,
you know, things like that.

Speaker 6 (20:42):
But we live What state is he in?

Speaker 12 (20:46):
He's in Florida and he has a place in Montana
as well.

Speaker 7 (20:49):
Okay, so he lives in Florida and the counterparty to
this business transaction is from New Jersey and you're in Colorado.

Speaker 6 (20:58):
Okay, now I think we got the lay of the land. Okay,
what kind of business?

Speaker 13 (21:01):
Okay?

Speaker 12 (21:01):
So basically it's electronic whole selling.

Speaker 6 (21:05):
Okay, electronic whole selling.

Speaker 12 (21:07):
Go ahead, Yeah, he sells electronic uh items, Well, he
advise himself.

Speaker 6 (21:14):
So I wasn't home.

Speaker 12 (21:16):
And a course server supposedly came by the house. There
was a lady working in my garage packing boxes, and
he walks out. He goes, I'm looking for blank, like blank,
which is my son, and she said, he doesn't live here.
He lives in Florida. He goes, well, we've tried to
find him. He kept, you know, kind of muttering his name.

(21:41):
He goes, well, you've been served. And he walked throws
the paperwork on the ground.

Speaker 6 (21:44):
And lease, okay, where where were you?

Speaker 5 (21:48):
I was not in the house.

Speaker 13 (21:49):
I was at a home, deef, I believe at the time.

Speaker 6 (21:51):
But I mean you're in Colorado.

Speaker 12 (21:54):
Yes, I am in Colorado.

Speaker 7 (21:56):
In Colorado, his son, who lives in Florida, was sounds like,
isn't this the definition of gutter service where you throw
the paperwork on the on the ground, you.

Speaker 5 (22:04):
Know, so if someone refuses service, then you can do
that and uh, and then the process server fills that
an affid. David was called an affidavit of service.

Speaker 12 (22:16):
What he was telling he was saying, well, I'll just
tell him because the person has I said, she asked,
who are you, what's your name, what's the company you
worked for?

Speaker 1 (22:24):
Blah blah blah. Because I don't want you're.

Speaker 12 (22:26):
Not gonna get any that. I'm just gonna file an
affidavit in the court that you've been served. Well, it
just says on the ground and leave, so you know.

Speaker 5 (22:33):
So that would be that so that would be subject
to emotion to quash. And that's that's what we would
would call an emotion quash because it was ineffective service.
And okay, so when the when the court, you know,
says that, uh, this gives you an indication that an

(22:55):
answer is due, right, because you initiate a lawsuit with
something called a complaint and you have to serve that
complaint on the defendant. And when the court indicates that
the answer is due instead of filing an answer, he
fouled motion quash.

Speaker 7 (23:12):
So Jim, now what court is he being sued in?
Is it here in Colorado, Florida or New Jersey?

Speaker 12 (23:18):
Yeah, it's Jefferson County.

Speaker 7 (23:21):
Oh okay, So Marco, if Jim's son files this motion
to quash right because of bad service, isn't he in
a fact admitting that, hey, he's aware of this legal
process that started against him and therefore he's obligated to respond.
Isn't that the entire point of serving somebody?

Speaker 5 (23:38):
So look, you guys are starting off in the in
the deep end of the pool jurisprudential.

Speaker 6 (23:44):
That's the deep end.

Speaker 3 (23:45):
You know.

Speaker 6 (23:46):
This is a little complicated because the.

Speaker 5 (23:48):
Person that files the motion to quash the lawyer, he
can make a what's called a limited appearance, and so
he's not actually appearing.

Speaker 6 (23:58):
To defend the laws.

Speaker 5 (23:59):
Totally makes sense and so but anyway, we're gonna have
to take another break and we'll be right back. And Jim,
if you want to stay on the line, go right ahead,
day on, Jim, I want to hear about the lawsuit.
We'll be right back.

Speaker 10 (24:15):
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dot com.

Speaker 11 (24:19):
You don't pay a cent until you're content.

Speaker 10 (24:24):
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 O three seven
to 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
three nine two zero sixteen twenty two.

Speaker 5 (24:55):
We are back Marcco Bendinelli from Bendinelly Law Firm, filling
in or Tom Martino and Mark Major, who are not
in the studio today. We have a couple of lines open,
Jim still holding. We're going to get back to Jim.
But give us a call, UH, with any problems that
you have. We are here to listen to your complaints,

(25:16):
to answer questions, and to solve your problems. Now, in
addition to that, I'm a legal expert, so we have
so we can expand the areas that you can call
and ask questions on.

Speaker 6 (25:29):
UH.

Speaker 5 (25:30):
So give us a call three oh three seven one
three talk or three oh three Martino, Jim. We're gonna
get back to you now and UH.

Speaker 6 (25:42):
And we're gonna we're gonna hear from you.

Speaker 5 (25:44):
So, did you have any further questions about about your
uh your service question?

Speaker 14 (25:49):
Well, the only the only question I have is how
are we supposed to know that this that he actually
filed a lawsuit based on that bad service?

Speaker 5 (26:00):
Well, because because the lawsuit would have a complaint number
in Jefferson Counnie and you can.

Speaker 12 (26:07):
We're supposed to keep following up with them and see
if there is something filed.

Speaker 5 (26:11):
Well, I mean you got sir, I mean there was
an attempt to serve you and Marco.

Speaker 6 (26:16):
Wouldn't they complaint to be attached to the summons?

Speaker 5 (26:19):
Absolutely?

Speaker 3 (26:20):
So?

Speaker 7 (26:20):
How many pages? How many pages is the packet that
the de dropped in your driveway?

Speaker 12 (26:25):
Look like maybe a half a dozen.

Speaker 7 (26:27):
Okay, so somewhere in those So the first page or
two is what's called a summons. It tells you what
your answer is due and which court to file it in,
and then the subsequent pages there will be like another
page for a counterclaim.

Speaker 6 (26:38):
Is it small claims by any chance?

Speaker 5 (26:40):
Or is it just gonna ask?

Speaker 1 (26:41):
No?

Speaker 12 (26:42):
No, Unfortunately it's six figures.

Speaker 6 (26:45):
Oh so that's just cour territory. So you'll see some
of those pages.

Speaker 7 (26:50):
They'll have numbered paragraphs and it will be like an
introduction and parties, and I'll say, the Jersey guy does this,
the Florida guy does that. Here the details of the
transaction we entered to. Here's how it got bad, and
here's why I'm suing it. Here's why, here's how much
I'm demanding. Now, if the gutn Service didn't include that,
you can just show up at the courthouse and for

(27:12):
a whopping twenty five cent a page, they'll print out everything.

Speaker 6 (27:15):
That's on file over there for you in that case.
Isn't that right? Marco? That is correct?

Speaker 5 (27:19):
And you know what Dmitrie is really impressive because I
was here, I was here prior on prior occasion previously,
and Tom Martino really impressed me with how much he
knew about.

Speaker 6 (27:36):
The law and he's not a lawyer.

Speaker 5 (27:38):
And you know, now coming in second is Dmitri understanding
the contents of a complaint. The you know, different different jurisdictions,
jurisdictional limits as to whether you're in district court, small
claims court, county court, and then municipal court. But anyway,

(28:00):
so this show is is honored to have Dmitri. Who Dmitri,
you know.

Speaker 7 (28:06):
A lawyer, no Marco, But I'm a pro say litigant.
I do file quite a few cases against spammers. That's
kind of like my specialty. So that's what that's what
I do in my spare time. And so in my
general study of court procedures and Colorado civil procedures and
the federal court civil procedures, I encountered a lot of
these terms.

Speaker 5 (28:27):
Well, that's really interesting. You're gonna talk to me about that?

Speaker 7 (28:29):
All I'm going to I'm going to tell you about
a nice five figure settlement from last week.

Speaker 6 (28:34):
Can impress you?

Speaker 5 (28:35):
Maybe we can talk about that on year, noting on
how comfortable you are with that.

Speaker 7 (28:39):
Well, it turns out I'm not supposed to talk about
it for confidentiality purpose, okay, so otherwise I might not
get the entire five figures.

Speaker 5 (28:46):
Well, so there is a confidentiality provision in the settlement agreement.

Speaker 6 (28:50):
Yeah, okay.

Speaker 7 (28:51):
It turns out big corporations are you know, they're totally
into that kind of thing. But I have plenty of
others I can talk about freely because people didn't think
about confidential.

Speaker 6 (29:00):
Yeah, okay. Spammers, I don't even know what that means.

Speaker 7 (29:02):
So, oh man, they're a scourged These are vile, vile creatures.
But Marco, if you don't mind, I'd like to ask
Jim about the lawsuit. How did what was the deal,
how did it go bad? And why is the Jersey
guy suing your son?

Speaker 13 (29:14):
Okay, So here's what happened.

Speaker 12 (29:16):
My son was kneeling in wholesale shoes at the time,
and he sent him one thousand and fifty pairs of
shoes were delivered to his residence in Jersey and he
was supposed to ship him to OZ and he came
up with this bs, your shoes got flooded, and he
sat like a cartoon picture of shoes floating in the water.

Speaker 6 (29:38):
Oh wait, so the Jersey guy, the Jersey guy.

Speaker 7 (29:43):
Not to anyone's surprise, some guy in New Jersey stole
a thousand and fifty pair of shoes from your son.
And then the Jersey guy is suing your son. Why
because they weren't eleven hundred pairs of shoes.

Speaker 6 (29:56):
For him to steal.

Speaker 12 (29:57):
Well, then my son, we were on a panic. We're like, well,
there's a one hundred thousand dollars gone. So we were
in a panic. And then he had a bunch of
shoes that he needed to dump. So my son talked
to him into sending those shoes that he had to
us because we said he said, hey, I've got a
buyer for those and I can cast you out right away.
I mean, it was basically a way to recoup.

Speaker 7 (30:19):
Our loss, O Marco. Isn't that called self help? And
isn't that the downfall of many a litigant?

Speaker 6 (30:26):
Well, I don't want to.

Speaker 5 (30:28):
You know, the pun would be those shoes were made
for walking, not for floating.

Speaker 6 (30:34):
Not for floating.

Speaker 5 (30:36):
But it sounds like a mess.

Speaker 6 (30:38):
So the Jersey guy.

Speaker 12 (30:39):
And after that, after the Jersey guy was mad because
he didn't get recompensated for the shoes that he sent us.
So he went in and used my son's bank account
and paid off two hundred thousand dollars worth of his
credit cards. Well, we got all that reversed, and.

Speaker 5 (30:59):
Any access, why and.

Speaker 13 (31:02):
How well you got access?

Speaker 12 (31:04):
All it takes is a routing number and an account number,
and he plugged those into his credit cards and basically
paid him with just I mean it's not every turn
every check, you right, those student things.

Speaker 6 (31:17):
Yeah, Marco, I can see how that works.

Speaker 7 (31:19):
I pay stuff online with my checking account, and all
they ask for is I mean, you can write me
a check and I can start paying bills out of
your account.

Speaker 6 (31:27):
Man, it's it's a criminal.

Speaker 15 (31:28):
We got that reversed.

Speaker 12 (31:30):
We got that reversed, and then he went in didn't
like that, so we got my He had my American
Express card and he charged fifty one thousand dollars against that.
We got that reversed. It took about two months for
them to do the research to see worthy were purchased,
where the shipments went. So we got that reversal. So
I'm actually thinking about going to the FBI cyber Crimes

(31:51):
and filing a final a place report with them for
all the fraudulent Interstate FRAUDI Committee against us.

Speaker 5 (31:58):
Well at the at the minimum you have counter claims
against him. So should this guy ever, you know, get
proper service and you do have a responsibility or an
obligation to fil what was called an answer to the complaint,
then you would probably include counter claims. And we'll be

(32:19):
right back. And thanks for calling. Jim.

Speaker 10 (32:26):
Go with a sure thing Denver's best roofer Excel Roofing
dot com.

Speaker 11 (32:30):
You don't pay a cent until you're content than.

Speaker 10 (32:35):
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 O 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 5 (33:04):
Those who love that music, it says great anyway, Welcome
to the Troubleshooters Show.

Speaker 6 (33:12):
My name is Marco Bendanelli.

Speaker 5 (33:13):
I am a Denver, Colorado attorney with a firm Bendanelli
Law Firm. We are about thirty people strong and we
are a personal injury law firm, and I am pleased
to be filling in for Tom and Mark.

Speaker 6 (33:28):
Give us a call.

Speaker 5 (33:29):
Mondays are usually a little slower, so we do have
some lines open.

Speaker 6 (33:33):
Give us a call at.

Speaker 5 (33:34):
Three three seven one three Talk or three oh three Martino.
You can reach us also at help at troubleshooter dot
com and that email works when we're on and off
the air, so you can get us a message through
that email Help at troubleshooter dot com.

Speaker 6 (33:56):
So markhead good.

Speaker 7 (34:00):
Nice to have a big time personal injury attorney over
here for me to.

Speaker 6 (34:03):
Ask some questions.

Speaker 7 (34:05):
And my question comes from the perspective of somebody like
me who buys a ton of liability insurance via both
my auto policy and my umbrella policy in order to
protect myself my assets from people like you, but also
but also Marco in a very large part, because I
do have a sense of responsibility to make sure that

(34:26):
if I do accidentally injure somebody, you know, through some
kind of an emission on my part, I do want
to make sure there's insurance in place to take care
of them. Is I don't want some you know, I
don't want to cripple somebody, so to speak, and leave
them penniless. So my question is kind of from a
strange perspective. Well, for you, it would be strange because
it comes from a perspective of a potential defendants in
one of your actions.

Speaker 6 (34:47):
Does the fact that I.

Speaker 7 (34:48):
Have a boatload of insurance and this is for after
the break, We're going to going to make me a
bigger target and a more juicier target.

Speaker 6 (34:57):
For people like you. Great question, I'm talking after the break.

Speaker 10 (35:19):
Go with a sure thing Denver's Best Roofer Excel Roofing
dot com.

Speaker 11 (35:23):
You don't pay a cent until you're content.

Speaker 10 (35:29):
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 three oh three
nine two zero sixteen twenty two.

Speaker 3 (35:57):
You come running just as nass we can.

Speaker 2 (36:06):
Shooter's gonna help coming.

Speaker 4 (36:08):
Man Dix's The Troubleshooter Show Now Tom Martino.

Speaker 5 (36:17):
Marco Bendanelli here Bendanelli Law Firm, filling in for Tom
Martino and Mark Major.

Speaker 6 (36:25):
You have joined us at the Troubleshooter Show.

Speaker 5 (36:28):
Uh.

Speaker 6 (36:28):
This is the home of the Consumer Advocate.

Speaker 5 (36:32):
It is the longest syndicated radio station in the country,
has been running for forty five years. Amazing a testimony
to Tom Martino, how well he does the things that
he gets done. For over forty five years. He's been
listening to your complaints. He's been answering questions and intervening

(36:54):
and solving your problems. There's been a hundreds of millions
of dollars recovered in the form of cash, merchandise and services.
What a service Tom Martino has.

Speaker 6 (37:07):
You know, what a niche he's figuring.

Speaker 8 (37:10):
There's another thing this show provides that people don't talk about, Marco,
is the millions of dollars saved and problems avoided by
not by just listening to the show, by just listening
to all of this free advice that has been given
out for the last forty five years. When I was

(37:32):
in business, I listened to Tom and I always picked up tips.
So that's just an uncounted number. But I believe it's
in the millions for people to just simply not calling in,
by just simply listening to the show, it's been a
great benefit to the citizens of Colorado and across the nation.

Speaker 9 (37:52):
Across the nation, yep.

Speaker 5 (37:53):
And you know, they say someone learns from their mistakes,
but a wise man learns from others mistakes. And so
that's what Bo's talking about. So we've got a couple
of callers on the line. We've got Tracy, what a
question about for Rizon and mail? Why don't you hold
on while we talk.

Speaker 6 (38:15):
To Tracy and we will get to you mail. Tracy,
go ahead, Good morning, gentlemen.

Speaker 16 (38:21):
I appreciate it. I'm following up on a call about
two weeks ago. My husband called in on four trade
ends that we did on a business account, and they've
only given us credit for two and it's been well
over six months, eight months we've been dealing with it.
So my question is if I take them to small

(38:43):
claims court, who do I name in the when I
file the papers? Is it the business trip that I'm
dealing with? Or who do I put on that piece
of paper.

Speaker 6 (38:57):
I'm gonna let Dmitri feel that question. Good Dmitri.

Speaker 7 (39:01):
Thank you, Marco Tracy, I'm kind of I'm about to
sue Verizon for a very similar deal. About a year ago,
I purchased a new phone from their store in Loveland,
and the promotion was it's one thousand dollars phone, which
I frankly didn't need, but they made me get it
in order to add a second line. And the promotion was,

(39:21):
if I finance it through Verizon for three years, zero interest,
the monthly payment that I make will automatically be credited
every single month for the same for the same amount,
in effect making it a free phone if I stick
with Verizon for three years. However, much to my shock,
chagrin and disappointment, the charges started appearing on my phone

(39:44):
last May, but the credits never appeared.

Speaker 6 (39:48):
And I have numerous calls that I recorded with Verizon.

Speaker 7 (39:52):
In which they all say, Hey, yeah, we didn't process
the paperwork.

Speaker 6 (39:55):
We can fix it.

Speaker 7 (39:56):
We'll start crediting you next month, and we'll also give
you big lump some account credit for the amount that
you should have been credited.

Speaker 6 (40:03):
So none of that has happened.

Speaker 7 (40:05):
So I've been researching on how to see Verizon, and uh,
it's it's not tricky, but it was kind of a surprise.
Who the defendant is really going to be? Now, Tracy,
before I tell you that, can you tell me if
you bought the phone from a Verizon store or if
you bought it from a Cell plus store which operates
as Verizon. Do you have any idea what what city

(40:26):
did you buy these phones in?

Speaker 16 (40:28):
Or it's Colorado Springs and it was purchased through you know.

Speaker 13 (40:33):
On the phone through there the oh, the Verizon itself.

Speaker 7 (40:37):
You didn't even go to the store. And I remember
your call. You you've mailed into them four Marco. Her
husband mailed in four old phones. Each one is supposed
to result in a pretty sizable credit. Now, Verizon, in
in Tracy's case, acknowledges the receipt of these four phones,
but she only got credit for two of them.

Speaker 6 (40:59):
So what do you do? What do you do? Dmitri?

Speaker 16 (41:01):
You know?

Speaker 5 (41:02):
And one of the reasons this would escape an attorney,
right and one of the reasons that these carriers get
away with things like that is because what you're not
going to be able to pay a lawyer two hundred
and fifty dollars an hour on a thousand dollars issue.

Speaker 6 (41:17):
Fifty an hour. I got the wrong lawyer. I mean,
I mean, I'm.

Speaker 5 (41:20):
Just talking about a low priced lawyer. Sure, yeah, but
that's my point exactly. I mean, there's no you know there.
It's almost like they're immune to suit because the amount.

Speaker 6 (41:30):
In controversy is so low.

Speaker 16 (41:32):
Right.

Speaker 7 (41:33):
So, Tracy, if I understand your question, you're saying, who
do I actually sue?

Speaker 6 (41:37):
Is that right?

Speaker 1 (41:38):
Correct?

Speaker 16 (41:39):
Or or is contacting writing something up to the Attorney
General gonna help me at all? Before I even do that?

Speaker 6 (41:45):
Well, that's the easy one.

Speaker 7 (41:47):
The Attorney General is not going to lift a finger
to help you, me or anybody else who might be listening.

Speaker 6 (41:52):
So here's what I did.

Speaker 7 (41:53):
I did some research on Verizon, and it turns out
there is no company called Verizon.

Speaker 6 (41:59):
It's a trademark.

Speaker 7 (42:00):
And you can verify this by going to the Colorado
State Secretary of State's office. They have a business database,
business registration database, and the trademark Verizon is registered to
a huge out of state phone company called Selco Partnership.
Cell Co Partnership and Selco Partnership operates Verizon, and it

(42:21):
turns out they do have a registered agent here in
the state. I'm sure Marco, a big company like that
has registered agents everywhere. Sure, so they engage the services
of one of those like CT Corporation Service, you know,
one of those really big ones that do nothing for
a living except accept process of.

Speaker 5 (42:37):
Service, arise to receive service on behalf of you know,
lots of defenders, absolutely, and they are listed on the
Colorado Secretary of State website.

Speaker 6 (42:47):
Yeah.

Speaker 7 (42:47):
So if you look up Celco Partnership at the Cardo
Secretary of States, well, first of all, follow the same
steps I did. Verify that what I'm telling you is correct.
Verizon brand is owned by Selco Partnership. And then look
who CELCLL Partnerships registered agent is, and have them served
with a small claims action. And by the way, many

(43:08):
in my experience and I filed a whole bunch of
small claims actions now, and the clerk of the court
in small claims can serve the defendant by mail. Now,
they'll try to talk you out of it. They'll say, well,
they always have the same line. They always say, well,
that's not the preferred method. So I don't even let
them get I always just say, ma'am, I understand it's

(43:29):
not the preferred method. But I'd like to try serving
them by mail first, and the benefit of that is
it only costs fifteen dollars instead of one hundred bucks
if you hire a process server, and.

Speaker 6 (43:39):
It's pretty easy. I mean, you file and you have.

Speaker 7 (43:42):
The service started right on the same visit to the courthouse,
so you don't have to go deal with the process
server now. But try that, I mean I would try that.
That's not legal advice. I'm just telling you how I
do it and how I'm going to do it when
my time comes to super Horizon for their you know,
for the thousand bucks they owe me. But you'll probably
get attention pretty quickly and you'll probably you'll you'll probably

(44:04):
get a call from their lawyer pretty quickly after filing that.
You know, Marco, what are the odds that somebody like
Verizon would try to remove the case to a more
intimidating court.

Speaker 6 (44:16):
And do they need to have grounds to even remove it?

Speaker 7 (44:18):
Like do they have to say, hey, we have a
counterclaim that exceeds the jurisdiction of small claims court. They
can't just willing Nelly take it somewhere else since.

Speaker 6 (44:26):
They prefer to.

Speaker 5 (44:27):
Yeah, so you know, the thing that separates a state
court claim as opposed to a federal claim is to
remove it, as Dmitri said, and he is really up
to speed on a lot of procedural issues related to

(44:49):
the practice of law. And before I answer the removal question,
I want to say that the jurisdictional limit in small
claims court is seventy five hundred dollars and the county
court is up to twenty five hundred dollars twenty five
twenty five thousand, thank you, And and district court is
anything over twenty five thousand in controversy, which could be

(45:12):
one hundred million dollars. And for my firm, ben Anelli
Law Firm, we we don't practice anywhere but in district court.
So there's a lot of law firms that will practice
in you know, county court, municipal court, but in my
law firm, we practice exclusively in district court. So the

(45:33):
issue on removal is and I don't know if this
really satisfies or is something that the tracy's looking for,
but to remove something from state court to federal court,
you have to have a complete diverse city among the parties, right,
so you know, you have to have a Colorado resident

(45:53):
suing someone that is not a Colorado resident, right, and
so that they call that the.

Speaker 6 (46:00):
Diversity among the diversity of citizenship.

Speaker 5 (46:02):
Right And and the other thing is you have to
have over seventy five thousand dollars in controversy.

Speaker 6 (46:07):
And so.

Speaker 5 (46:10):
The way to get around that is you sue the.

Speaker 6 (46:13):
Local Verizon store.

Speaker 5 (46:17):
So now you're a Colorado resident that has sued and
I and I forget the name of the company.

Speaker 6 (46:23):
You said that Verizon operates under oh Selco partnership.

Speaker 7 (46:27):
Now and now, in her case, she didn't buy from
a store, she bought it on the phone from Verizon corporate. However,
doesn't she satisfy the minimum contacts doctrine because Verizon is
all over the place here, So they can't claim diversity
of citizenship just because they're headquartered in Delaware or wherever
they are, right.

Speaker 6 (46:47):
The minimum contact rule.

Speaker 5 (46:49):
You know, that takes me back to law school studying
for the bar exam.

Speaker 7 (46:53):
The US shoe Company, International smack company, you know, the main.

Speaker 5 (46:59):
Tree is a I'm not kidding anyway. So the answer
to uh to uh Dmitry's question is yes, it would
satisfy the minimum contact rule.

Speaker 6 (47:11):
And there you know, their license to do.

Speaker 5 (47:13):
Business uh in Colorado, which is why they have a
registered ation.

Speaker 16 (47:17):
So can I ask another question, why can't Why can't
I Why can't I put on the piece of paper?
Since I've been working with the senior account manager over
the business, why can't I name him? And then by
naming him, he's going to go to his upper management
and saying, hey, I'm listed in a lawsuit.

Speaker 7 (47:38):
I'll let you handle that, Dmitri Well, Tracy, this guy
worthless or not, does not have a contractual relationship with you.
Your controversies between you and his employer, not him personally. Now,
you can certainly subpoena him as a witness, and it
would definitely help if you've recorded any of these calls
or going to record any of these calls this guy

(48:00):
to try to admit faulter liability of any kind, so
you can subpoena him. But I don't think there's any
path to suing him, Nor is there really a logical
reason to sue this guy. I mean, he might be
a snake, or he might be just incompetent, but man,
it's his company that's responsible for his inaptitude.

Speaker 5 (48:19):
But sometimes I'm.

Speaker 16 (48:22):
Not saying he's incompetent He's helped a lot, but it's
just you know, to get their attention. It's like, hey,
this person would probably go to his upper management going hey,
I'm listed in this lawsuit. Can we get this cleared
up for her? So he's helped, but it's just you know,
I sent an email again last week and basically, hey,

(48:44):
we're still working on it. Eight months later, we're still
working on it.

Speaker 6 (48:47):
Tracy, Thanks for calling.

Speaker 5 (48:49):
If you hold on, we'll follow up with you. After
the break. We have Daryl honing Daryl. We're going to
get to you as well, and with that we'll be
right back.

Speaker 10 (49:05):
Go with a sure thing Denver's Best roofer Excel Roofing
dot com.

Speaker 11 (49:09):
You don't pay a cent until you're content.

Speaker 10 (49:14):
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 to
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 three
nine two zero sixteen twenty two.

Speaker 1 (49:46):
We are back.

Speaker 5 (49:47):
You are back listening to The Troubleshooter Show, uh home
of the consumer advocate Tom Martino, who has been.

Speaker 6 (49:56):
Recovering monies in.

Speaker 5 (50:01):
In cash, merchandise and services for forty five years, the
longest syndicated radio show in the country.

Speaker 6 (50:10):
Honored to be here.

Speaker 5 (50:11):
My name is Marco Bendonelli from the Bendonelli Law Firm
in Denver, Colorado, and I am filling in today for
Tom Martine and Mark Major, who are.

Speaker 6 (50:24):
Not present.

Speaker 5 (50:25):
And you know, I do want to talk a little
bit about something that Tom has gone through recently, but
right now we've got a couple of callers on the phone,
so we'll save that and we're going to go to Daryl,
who has a question about medical malpractice.

Speaker 6 (50:43):
Daryl, you still on align with us?

Speaker 15 (50:46):
Hey, Marco, how are we doing this morning?

Speaker 5 (50:48):
We're doing fine.

Speaker 15 (50:50):
So how hard is it to I mean, I can't
say how hard it is. How successful would it be
to sue a hospital?

Speaker 5 (50:58):
Well, you know, so that's an interesting question because that
is not necessarily medical malpractice. You know, you have to
it has to be the wrongdoing of a physician. So
why don't you tell me a little bit more about
what's going on?

Speaker 15 (51:19):
So, long story short, My son needed a hard transplant,
and at the time, university would not put him on
the transplant list unless you got a COVID shot, and

(51:41):
he was against it and we were all against it.
But at any rate, he got a COVID shot and
thirty six hours later he died. Now, the autopsy lists
a dozen or fifteen different things, which most of them

(52:04):
we don't understand the terminology. But obviously the COVID shot
wasn't in there. And I mean, I you know, you're
you're throwing a dart at it, like, well, I mean sure,
it could have been anything, right.

Speaker 5 (52:20):
Sure, sure, And I bet they listed, you know, cardiac
arrest and as part of those little laundry lists. Well,
first of all, they're really really sorry to hear that,
you know, really sorry to hear that. And you mentioned
you was it which hospital did you mention?

Speaker 15 (52:42):
University?

Speaker 6 (52:42):
Yeah?

Speaker 5 (52:43):
Okay, so university is yeah, intact, Yeah, by you know,
they are a they receive funds from the state or
state sponsor. They are covered or the expression is they
enjoy that's the word that use, They enjoy governmental immunity.

Speaker 15 (53:03):
Okay. That was my question because it's hard to sue
when you have governmental immunity.

Speaker 1 (53:09):
Right.

Speaker 5 (53:10):
Well, you know, there are certain notice requirements and there's
some special hoops that you have to jump through, but
typically it is more challenging, and medical malpractice in and
of itself is just a very difficult uh. You know,
it's an uphill battle with these type of claims. You know,

(53:32):
these type of cases. Medical malpractice cases are extremely time consuming,
they're very expensive, and unless there are huge damages, most
lawyers will will stay away from them. We do medical
malpractice at my firm, you know, not it's not our
primary focus, but we've done some rather successfully, I would add,

(53:57):
but but you know, like I said, they are very
time I'm consuming, very expensive in Colorado in addition to
the hurdles that you face based upon that facility enjoying
governmental immunity. Uh. You know, for every medical malpractice claim
that is filed prior to filing one, yeah, there's a

(54:20):
there's a statute. There's a law that you have to
get something called a certificate of review. Now that means
you have to hire another medical professional to review the file.
And the specific language in the statute says that, uh,

(54:41):
that that this medical professional must attest to the following Uh.

Speaker 6 (54:48):
You know, this is lawyer double speak. Are you ready.

Speaker 5 (54:52):
That the case does not lack substantial justification? Okay, so
it does not substantial justification, but anyway, you know, so
just getting the certificate of review, just getting over that
initial hurdle that could be five or ten thousand dollars,
you know, to get another bock to review that stuff.

(55:13):
And typically you're you're contracting with a physician who's not
in state because you know, it's you can't find doctors
in state to testify against another doctor in state.

Speaker 7 (55:26):
Because there's a big insurance company that ensures doctors and
they're gonna dump you if you testify about another one
of their clients.

Speaker 6 (55:32):
Is that right?

Speaker 5 (55:33):
Well, you know it's copic, and you know they are
very you know, I'm trying to avoid the words that
I would use naturally.

Speaker 6 (55:46):
Have they agressively manage liability? Yeah, they are.

Speaker 5 (55:49):
They are aggressive in the way that they litigate their cases.

Speaker 15 (55:55):
So well, you know, it was it was it was
sad for us to find out that we didn't even
think that mandating COVID shot was even a thing anymore.
We we thought that was dead and gone and it's
all voluntary, and and were shocked to find out that,

(56:19):
uh university, I don't know if they still do, but
since since the administration has changed.

Speaker 6 (56:27):
But how long how long ago was this October? Middle
of October's.

Speaker 7 (56:33):
Super recent I'm shocked to hear somebody still requires satanic.

Speaker 15 (56:39):
We were, we were, we were shocked that that they
you know, the university is still mandated.

Speaker 5 (56:47):
That totally shocked, you know, Uh, because my answer regarding
medical malpractice really avoided the issue of the of the shot. Uh.
Deputy Dimitri just characterized that shot as satanic. You know,

(57:09):
I think the further we get away from the pandemic, uh.
And you know, just time and time again, we are
seeing examples. They're all, you know, what happened to your son,
you know, and the legitimacy of the you know, dangerous
and you know, the fatalities caused, people's lives wrecked because

(57:34):
the government mandated this thing. And you know, it's just
gaining in Uh, the problems that were you know, poo
pooed and minimized. I mean, they are just gaining in legitimacy.

Speaker 13 (57:48):
Go ahead, yeah, And.

Speaker 15 (57:49):
I mean for what for what for from what we understand?
And and.

Speaker 1 (57:55):
Is that.

Speaker 15 (57:57):
The biggest side effect from COVID was the.

Speaker 6 (58:02):
Heart and you know, and respiratory issues.

Speaker 15 (58:06):
And respiratory sure, but like I said it that I
mean my biggest yes, I guess I guess you. You've
already answered my question. And that's that's that it would
be a time consuming, he feel bat it will probably
waste of time, you know, and.

Speaker 5 (58:23):
So so while I have to deliver that uh news,
I also want to tell you I'm very very sorry
about what happened.

Speaker 6 (58:31):
And you know, I'm.

Speaker 5 (58:32):
Sure all the listeners today would are saddened by your story.

Speaker 6 (58:37):
Really so yeah, but I don't think I don't think.

Speaker 5 (58:42):
They're going to find uh an attorney who's gonna take
that case number one against university hospital, number two against
the vaccination, you know. So But anyway, we thank you
for calling in. We have to take a short break
and thank you Darryl, and we will be right back

(59:03):
after this.

Speaker 10 (59:08):
Go with a sure thing Denver's Best roofer Excel roofing
dot com.

Speaker 11 (59:12):
You don't pay a cent until you're content.

Speaker 10 (59:17):
Time for an insurance checkup free no obligation comparison call
Compass insurance paying too much your coverage at dozens of
insurance companies.

Speaker 11 (59:25):
Find out now three all three seven seven to one.

Speaker 10 (59:28):
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 three nine two zero
sixteen twenty two.

Speaker 5 (59:47):
You are listening to the Troubleshooter Show, uh, the Tom
Martino Show UH, and Tom Martino is normally the host
along with Mark Major his co host. My name is
Marco Bendinelli. I am a Denver, Colorado attorney and I

(01:00:08):
am the founder and sole shareholder of Bendonelli Law Firm.
We are thirty professional strong. We are a personal injury
law firm and we can be reached at one eight
hundred attorney.

Speaker 6 (01:00:22):
That's one eight hundred attorney.

Speaker 5 (01:00:24):
Our website is CEO like Colorado CEO Law Firm dot com,
so you can find us there for your personal injury
legal needs. Today we are talking about issues. It's been
a little bit all over the board. We have Mike

(01:00:47):
on hold who has a question about door dash and Mike,
I am anxious to get to you.

Speaker 6 (01:00:52):
But we have Yvonne calling in who.

Speaker 5 (01:00:55):
Has a comment on the COVID shot issue, which we
just discussed.

Speaker 6 (01:00:59):
With the caller.

Speaker 5 (01:01:01):
So I'm going to take Yvonne real quick, but Mike,
please hold on and be patient. Yvonne, tell us about
your comment on the COVID shot.

Speaker 17 (01:01:10):
Well, my comment is is that because the COVID shot
was mandated by the federal government, and that the university
does have subsidies from the federal government, and the fact
that we as citizens pay federal tax that I'm just
thinking that they would have some sort of liability for that.
But you're going to have to find a lawyer who

(01:01:31):
has a lot of extra time, who doesn't care about money,
who just wants to challenge because it's very difficult to
sue the government.

Speaker 5 (01:01:38):
Well, you know, actually we talked about that off the
air after the last caller and talked about a potential
civil rights violation. But you know, these manufactors, the government
granted them immunity.

Speaker 17 (01:01:54):
And well, I'm just saying, you know, because Fauchi you,
I mean, it could be so litigates, you know, possibly
you just have to find a lawyer who does who
has enough time to just take that on, that doesn't,
like I said, that doesn't care about money, that just
wants to challenge.

Speaker 5 (01:02:10):
Well, that those lawyers will be few and far between.
Probably someone retired. But anyway, we thank you for your comment. Evon,
you're preaching to the choir. We have Mike online three
who has a question about door dash.

Speaker 18 (01:02:25):
Go ahead, Mike, Hey, good morning. Oh I'm just calling.
I've been door dashing recently, just for some extra income.

Speaker 6 (01:02:35):
Okay.

Speaker 18 (01:02:36):
I heard the stories a week ago of the three
like Colorado companies being fined for hiring the legal aliens.

Speaker 15 (01:02:46):
Oh yeah, lately that door dash.

Speaker 5 (01:02:49):
Sally dmitri hand the deputy dmitri Han. It seems like
he's dialed in on that issue.

Speaker 6 (01:02:57):
Well what I what?

Speaker 7 (01:02:58):
I read an article just a few days ago about
the federal government finding three Denver based companies, most of
which were involved in like cleaning services, that kind of
stuff for hiring like outrageously obvious illegal aliens, duplicate duplicate

(01:03:19):
social Security numbers, lack of paperwork. One of these fines
will was well over six million dollars Marco. This is there,
This is real money. They're sending a message. But Mike,
what is what? What does that have to do with DoorDash?
I thought maybe somebody spit a loogie in your in
your delivery or something.

Speaker 18 (01:03:36):
No, no, I just noticed that that's clearly going on
with door dash as well. I'd say probably fifty percent
of the door dashers out there are clearly part of
that wave of illegal immigrants. And I don't understand how
they're even able to because you do need to upload
forms of ID and pass background checks to become a

(01:03:56):
contractor with them. But I mean, people can lie, I guess,
but there's so many it feels like it's just too
obvious that Dr Nash is just hiring them knowingly.

Speaker 5 (01:04:07):
Well you know, they they may or may not be complicit.

Speaker 6 (01:04:10):
But I do think that.

Speaker 5 (01:04:14):
Our president has a mandate regarding that issue. I think
that there is a general outrage, uh, with respect to
illegal immigrants that are criminals, that have committed murders and rapes,
and you know, and and you've got these small vocal
minority groups that are you know, not worried about the

(01:04:37):
United States citizens, not worried about the victims of these things,
and you know, they want to grant rights to uh,
the illegal immigrants. And so you know, I think you're
kind of appreciing that acchoir here, and.

Speaker 6 (01:04:53):
But we thank you.

Speaker 7 (01:04:55):
You know, there is one, you know, previously unforeseen consequence
of the people who are not allowed to work here
stealing a social Security number are being provided with a
valid social Security number that belongs to somebody else. That
happened to somebody I know, and their social Security number
was used for a ton of different jobs all over
the country. It caused this guy IRS nightmares that have

(01:05:19):
not only taken years, they're still going on because the
IRS claims that he owes taxes here and there and
all these other jobs. And it's like a whack a mole.
By the time he gets one of these IRS issues settled,
another one pops out. It seems to be endless, endless.

Speaker 9 (01:05:37):
So there are a lot.

Speaker 7 (01:05:38):
Of these silently suffering victims out there whose social Security
numbers are getting stolen.

Speaker 6 (01:05:45):
And that and you know, and that is the.

Speaker 5 (01:05:50):
Victims of non violent crimes, let alone victims of violent thing.

Speaker 6 (01:05:55):
Yeah, exactly, they're both hal they're both sides to this.

Speaker 5 (01:05:58):
So and anyway, we have a latter two open. Please
give us a call three oh three seven to one
three talk three oh three seven one three talk and
we will be right back after this.

Speaker 10 (01:06:14):
Go with a sure thing Denver's best roofer Excel roofing
dot com.

Speaker 11 (01:06:18):
You don't pay a cent until you're content.

Speaker 10 (01:06:24):
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
to 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 5 (01:06:53):
We are back on the air. We've got some exciting
news from after the top of the We're gonna have
a special guest with us today, Gary Millsbaw, a retired
lieutenant from the Aurora Police Department, and so that is
something you can look forward to right now. We have

(01:07:16):
been talking about some of the challenges for medical malpractice cases,
some of the challenges that have been forced upon people
by the vaccine by being forced to take the shot.
And we just heard a sad story this morning.

Speaker 7 (01:07:38):
Said is not even the word Marco. It's heartbreaking and
whatever comes beyond heartbreaking.

Speaker 6 (01:07:43):
It's outrageous.

Speaker 5 (01:07:44):
Really. You know, while pending a heart transplant, the hospital
required that the patient.

Speaker 6 (01:07:53):
Get vaccinated, who initially.

Speaker 5 (01:07:58):
Refused, but then acquiesced and died thirty six hours after
taking that shot. And you know, we were talking about
the legitimacy of the problems with this vaccine that were minimized, discounted,
you know, and.

Speaker 7 (01:08:17):
So we learn so much more every day. Look at
all these teenage athletes who are suddenly dropping dead of
heart attacks.

Speaker 6 (01:08:26):
That's unheard of.

Speaker 5 (01:08:27):
It's unreal, and there's no accountability, you know, there's no accountability.

Speaker 6 (01:08:33):
Anyway. My name is Marco Bendinelli.

Speaker 5 (01:08:36):
I'm filling in for Tom Martino and Mark Major, and
we are welcoming your calls. If you have any problems
with vendors, with people you do business with. You've been
ripped off, you've been scammed, you got complaints, We got answers,
and we are here to solve problems. Take your calls

(01:08:59):
and look into whatever whatever circumstance you're facing.

Speaker 1 (01:09:03):
Uh.

Speaker 5 (01:09:03):
Tom Martino has been doing that for forty five years.
This is the longest syndicated radio show in the country.
Extremely impressive.

Speaker 16 (01:09:12):
Uh.

Speaker 5 (01:09:12):
I am privileged to be here, you know. And so again,
if you have a problem, you give us a call
at three oh three Martino, UH, or you can email
us at help at troubleshooter dot com. Uh we are
looking forward to speaking to the retired uh Aurora police officer.

(01:09:34):
I think after he retired, you spent some time at
the Jefferson County with the Jefferson County Sheriff's Department as well.
So we're looking forward to hearing from Gary Millspaw. And
you know what, We're going to explore a very sensitive
and controversial topic, which is the trenday Aragua taking over

(01:09:59):
apartment complexes in Aurora, Colorado, which the national media has
said is fake. It did not occur. So Gary's gonna
talk to us about that and get to the bottom
of it and shed some light on that.

Speaker 7 (01:10:14):
And Marco not only that, but I'd like our audience
to know this is our very first ask me Anything session.
So if anybody has questions that they've always wanted to
ask a cop, give us a call. We're gonna put
Gary right on the spot. The only rule is you
can ask him anything. The only other rule is Gary
might not answer, but go ahead and take a shot.

(01:10:35):
How to get out of a ticket? How many donuts
do they actually eat? How do you know if you're
gonna get a ticket or a warning? What can you
do to enhance your odds of a warning rather than
a ticket?

Speaker 6 (01:10:46):
So you tune in and we'll be right back.

Speaker 10 (01:11:11):
Go with a sure thing Denver's Best roofer Excel Roofing
dot com.

Speaker 11 (01:11:15):
You don't pay a cent until you're content.

Speaker 10 (01:11:19):
Leave time for an insurance check up free, no obligation
comparison call Compass Insurance. Pay 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 3 (01:11:50):
Lead.

Speaker 13 (01:11:51):
You don't have.

Speaker 2 (01:11:54):
Run as can No shoot 's gonna help?

Speaker 4 (01:11:59):
Come di is the Troubleshooter Show Now, Tom Martinez.

Speaker 5 (01:12:08):
Don't you love the energy of that music? I mean
it just excites me sitting here.

Speaker 7 (01:12:14):
Yeah, we should start a mush pitch whenever that music
comes out.

Speaker 5 (01:12:17):
Oh my goodness, we're dancing around here in the studio.
It's kind of it's kind of fun anyway.

Speaker 6 (01:12:22):
Uh.

Speaker 5 (01:12:23):
This is Marco Bendinelli Bendanelli Law Firm, filling in for
Tom Martino. And Mark Major.

Speaker 6 (01:12:30):
You're listening to the Trouble Shooter Show.

Speaker 5 (01:12:32):
The longest syndicated radio show in the country forty five years.

Speaker 6 (01:12:37):
Quite amazing.

Speaker 5 (01:12:40):
Tom is a pioneer as a consumer advocate. He has
recovered what hundreds of millions of dollars in cash, merchandise
and services.

Speaker 7 (01:12:52):
I think, yes, three hundred and fifty million bucks recovered
by Tom and Mark. And by the way, guest hosts
get twenty percent on the days that they work here.

Speaker 9 (01:13:00):
We got to get paid.

Speaker 6 (01:13:02):
Oh my goodness.

Speaker 5 (01:13:03):
Well, anyway, Tom is a pioneer, and uh, you know,
I'm proud of him for standing up against the grand
calling out these ripoff artists, these scumbags, and really you know,
pressing the flesh and getting in the middle of these
things to solve problems. And you know, hats off to Tom. Uh.

(01:13:24):
Tom has suffered some you know, some medical issues, and
we're looking forward to his full recovery and return.

Speaker 6 (01:13:34):
Our best thoughts and prayers go out to him. Right now.

Speaker 5 (01:13:39):
I am privileged to sit in his chair. Anyway, we
are at the top of the hour and we have
a special guest today, Lieutenant Gary Millspaugh, who is a
retired lieutenant from the Aurora Police Department, and then, as
if that was not enough public service, then he joined

(01:14:03):
the Jefferson County Sheriff's Department for another nine years.

Speaker 6 (01:14:06):
That I think that was.

Speaker 7 (01:14:07):
His first gig in law enforcement, right, Gary, So nine
years in jeff Go, a couple of years in DA,
including undercover stuff that we got a bunch of questions for,
and after that, decades at aur APD.

Speaker 6 (01:14:22):
Unbelievable.

Speaker 5 (01:14:24):
You know, the kind of guy that you know really
makes up the fabric of our society, you know, like
the everyday heroes.

Speaker 6 (01:14:32):
You know, we love.

Speaker 5 (01:14:33):
Those people, you know. And what I'm interested and anxious
to talk about is the uh, you know, whether there
were false claims of gang takeovers in Aurora, Because while
we were off the air, I googled it and listen, listen.

(01:14:55):
It says there have been controversies and challenge and this
is a quote including false claims of gang takeovers and
increased crimes. And you know, I mean, wow, what kind
you know is that?

Speaker 6 (01:15:13):
The fake news? What a whitewash? What a whitewash? Unbelievable?

Speaker 5 (01:15:19):
So so uh We're gonna ask uh, uh Gary, Gary,
can you comment on whether uh the claims of gang
takeovers of apart in apartment complexes and Aurora?

Speaker 6 (01:15:33):
Were they was that false? Was that was that made up?
It was all fake news? Well yeah, right right.

Speaker 5 (01:15:41):
Yeah, So Gary, tell us, tell us what you know
about that, about the uh trenda Aragua presence in Aurora,
real real were uh perceived?

Speaker 19 (01:15:53):
Well, like you said, there was a great deal of
controversy and raw involved in that in from for a
variety of reasons. From an officer's perspective, I mean, the
national media eventually put out those takeovers with the armed
gang members. That was kind of spoke for itself. We
had the biggest champion that brought that to the national

(01:16:14):
forefront was the city councilwoman Daniel Jerinsky, and she actually
came to the aid of one of the victims there
and helped her get relocated.

Speaker 6 (01:16:24):
And was ostracized, if I recall, Yes.

Speaker 19 (01:16:26):
Yes, very much so demonized. Yeah, well for obvious reasons.
I mean, first, the governor came out and said basically
it was a nothing burger, and then of course that
was supported by the mayor. The last thing they wanted
to do, especially in the hypercharged environment of immigration and
everything that that entails. The last thing they want to
do is bring any adverse publicity to the City of Aurora,

(01:16:51):
not the least of which was the potential economic damage
that was happening. Councilwoman Jerinsky was a big champion of
the had always been since I was when I was there,
since she took office, was a big champion of the
police department. So you know, there was a lot of controversy,
especially on the city council between the left and the right,

(01:17:12):
and since she led the charge and all the other
issues that I just mentioned, Yes, there was a lot
of blowback right, and a lot of blame placed on
the slumlords. As most people are who are aware of
the situation.

Speaker 5 (01:17:25):
You know, was that Governor Polis or was that the That.

Speaker 7 (01:17:29):
Was Mayor Kaufman who went in the news at the
beginning of this controversy, and in my view, he minimized
the entire situation and he said, yeah, you know, there
may be some problems, but it's uh and I'm paraphrasing,
it's entirely the fault of and this is a direct
quote out of state slum lords.

Speaker 6 (01:17:48):
You know, I'll tell you what I mean.

Speaker 5 (01:17:50):
Elevating first of all, saying they're false and then to
the extent that they're caught, you know, then they're elevating
the rights of the illegals, dismissing the harm to the citizens.
And you know, and I think people have had enough.

(01:18:11):
I think people have had enough.

Speaker 6 (01:18:12):
What do you say, Gary, I would agree.

Speaker 19 (01:18:14):
And then there's obviously people that would be obviously considered
innocent within the venezuel And community that obviously are swept
up in this whole issue. But there's been instances where
you've had parking lots, huge parking lots taken over by
Venezuela and some of them were infiltrated by gang members.

(01:18:36):
There has been reports in certain of those instances where
arguably there were shots fired. And then of course you
have all kinds of problems with traffic congestion and speeders
and racers on the highway and so forth.

Speaker 6 (01:18:50):
To certain degrees they're involved.

Speaker 5 (01:18:52):
You know, I don't think that rises to the level
of m sixteens in the hallways of apartment complexes.

Speaker 6 (01:19:00):
Yes, I would totally agree with that.

Speaker 19 (01:19:02):
And like I said, that's a problem where they're trying
to lay low and sweep it under the rud for
political purposes, as I mentioned before.

Speaker 6 (01:19:09):
But the officers have obviously.

Speaker 19 (01:19:10):
Came into contact and had to engage these people, these
gang members, if you will, under a variety of circumstances,
and they're villainized, they're villainized, and law enforcements villainized. Yes,
obviously the chief has to take a stand, and obviously
it's going to be with regard to this, you know,
the narrative that's out there.

Speaker 5 (01:19:29):
And to your understanding, what do you think the narrative
was of.

Speaker 6 (01:19:34):
Governor Polis, Well, the same thing.

Speaker 19 (01:19:37):
I mean, obviously, you had the President Trump coming into
office and his main objective, at one of his main
objectives that he was that he was voted for, voted
in office, was the deal with the border and deal
with immigration issues. And he'd already talked about that on
a campaign trail, about what was going on in Ohio
and what was going on in Aurora. For all the

(01:19:58):
information that we're talking about that he had received and
that became a priority.

Speaker 5 (01:20:03):
And how did Governor Polus help the fake news?

Speaker 19 (01:20:08):
Well, obviously, to my knowledge, the governor wasn't you know,
quick to go ahead and support the agenda of the president,
you know, especially since it was brought for the reasons
we've already spoke at by Councilwoman Jerinsky. That brought it
to the forefront, and then it was picked up by
the Trump administration early on in the in the campaign trail,

(01:20:28):
so you could see the political component of that, especially
leading up to the election, and then locally from the
mayor's standpoint, you know, dragging the city proverbly through the mud.
And so there was a lot of controversy all the
way from the Trump administration of Trump campaign all the
way down to city council, right.

Speaker 5 (01:20:49):
And so the Colorado gubernatorial election in twenty twenty six
will find out whether the citizens of Colorado, you know,
we're going to hold some you know, the governor responsible,
you know, increase some accountability. What do you think, demetrim Now,
I wouldn't count on it.

Speaker 7 (01:21:08):
And you know, throughout this whole controversy, as the police
were painted unfairly painted and smeared as racists because they're
going after the Hispanic gangsters, and the councilwoman over there
was was smeared the same way. Everybody seemed to have
ignored the fact that the chief, you know, the chief
victims of the TDA were an incredibly vulnerable part of

(01:21:31):
the population. Which is the rest of the illegal aliens
who were living in these apartments and other apartments, and
the TDA was collecting rent from these very vulnerable people
ages who can't go to the police.

Speaker 6 (01:21:43):
For help, right for fear of being deported.

Speaker 7 (01:21:46):
And so this is so how can this how can
they make this into a racial issue. I mean, yes,
it's true people like us, they are victimized, but man,
they really prayed inexcusably prayed on an extremely vulnerable part.

Speaker 6 (01:22:00):
Of the population. So it was it was and still is. Man,
just disgusting.

Speaker 7 (01:22:05):
Just uh, it's uh, it's sad, it's disgusting, it's infuriating,
and unfortunately these people will never be held to account.
I mean, Paulus is going to go on to like
probably senate seat. I mean this is face that this
is a deep blue state, right, So uh, he's gonna
go to to to to Senate and then uh, I
don't know what Kaufman is going to do next, but
he can't seem to to find any way to earn

(01:22:26):
a living other than from you know.

Speaker 6 (01:22:28):
Public office. And that's that's it.

Speaker 7 (01:22:30):
I think we just got to kind of live with
it and hopefull though the federal government will consene here
to clean up.

Speaker 6 (01:22:34):
And and by the way, in the Attorney General, what
did he do?

Speaker 7 (01:22:37):
Has he lifted a finger to to address the criminal
invaders that we've been dealing with.

Speaker 6 (01:22:42):
Phil Weisser. Yeah, so he's gonna be our next governor,
I guarantee you that.

Speaker 19 (01:22:46):
Well, then then you've got the controversy which is nationwide,
which is sanctuary cities in particular. But law enforcement, as
far as chiefs of police in certain sheriffs throughout the
country have already stayed of the fact that they're not
going to cooperate with ICE. And as Tom Holman has said,
you know, it would be ideal before these gang members

(01:23:09):
who have been criminally charged if they could engage them
and only send one or two ICE agents to the facility,
the detention facility.

Speaker 6 (01:23:18):
It would save the situation.

Speaker 19 (01:23:19):
Where you got to send a mass almost you know,
a squadron, you know, or a platoon of ICE off
agents that put the ICE agents in jeopardy. And they
also and they also put the public in jeopardy when
they're trying to apprehend them like we saw I believe
it was in Colorado Springs or here recently.

Speaker 6 (01:23:37):
And we're going to talk about that.

Speaker 5 (01:23:39):
When we come back from the break, three or three
Martino call us with questions or comments on this controversial issue.
My name is Marco Bendinelli from the Bendinelli Law Firm,
Colorado's best choice.

Speaker 6 (01:23:55):
For the injured, and we'll be right back after this.

Speaker 10 (01:24:03):
Go with a sure thing Denver's best roofer Excel Roofing
dot com.

Speaker 11 (01:24:07):
You don't pay a cent until you're content.

Speaker 10 (01:24:12):
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 O three seven to
seven to one.

Speaker 6 (01:24:23):
Help.

Speaker 10 (01:24:23):
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 6 (01:24:39):
We are backed.

Speaker 5 (01:24:40):
You are back with Marco Bendinelli Bendinelli Law Firm, Denver, Colorado,
Colorado's best choice for the injured. We can be reached
at one eight hundred Attorney one eight hundred Attorney or
online at COEO Law Firm dot com. Uh. Anyway, I

(01:25:00):
am filling in for Tom Martino and Mark Major.

Speaker 15 (01:25:04):
We have.

Speaker 5 (01:25:07):
Really a great guest with us right now, Jerry Millsbaw,
a retired Aurora police officer. We just had a spirited
discussion regarding things that have gone on in Aurora.

Speaker 6 (01:25:21):
And whether that was fabricated or real.

Speaker 5 (01:25:25):
Uh. You know, I think that the Colorado residents know
what's real.

Speaker 6 (01:25:31):
But in the.

Speaker 5 (01:25:32):
National media, uh, you know, all of that was tagged
as you know, false claims. And but anyway, so Gary
had had some things to say about that. We have
some lines open, So give us a call three three
seven one three talk seven one three eight two five five.

Speaker 6 (01:25:53):
Or three oh three Martino and uh.

Speaker 5 (01:25:58):
We got Deputy Deputy Bow here who has some updates
on some previous callers and previous circumstances that have been investigated.
And Bo, why don't you jump in and tell us
what's going on.

Speaker 8 (01:26:12):
First, I'd like to tell the listeners that I've worked
since I've been here over forty cases, and with the
limits of time, I can't go into all of them.
But if any of the listeners would like to call
in or send us an email about an update on
a case, we have five great deputies here that do

(01:26:37):
the Martino Show a great service. We all donate our time.
We have a five deputies. One that's an expert in
medical and one that's an expert in accounting and law enforcement.
I'm a specialist in contracting, and then we have someone
Dmitri's good at business issues.

Speaker 9 (01:26:57):
So I think it's good for the listeners to use.
This is a great resource free.

Speaker 8 (01:27:05):
I mean, were happy to dig in and investigate any cases,
any issues you might have, and our deputies have a
very good success rate at getting to a resolution and
more importantly trying to get to the other side of
the story. So, like I said, I've worked on thirty
forty cases and if anyone would like to call in,

(01:27:28):
I would be happy to talk about an individual case.
I did bring my file in. I was working with
Peggy Back. She called in on March fourteenth, ten o'clock hour.
This one was very interesting. She was getting a raw
sewage smell in her apartment and the property management company

(01:27:53):
absolutely would not do anything about it.

Speaker 9 (01:27:57):
And what was sad about it?

Speaker 6 (01:27:58):
As what did we do about it? Both? What did
we do about it?

Speaker 9 (01:28:02):
Well, I can tell you what we did about it.

Speaker 8 (01:28:04):
I went over there and investigated it, tried to call
the management company first. You know, you always want to
get the other side of the story, and went over
there and verified she had a sewer type gasw coming
through a ventilation system. And what was said about is
Peggy was have stage four cancer, she was on chemo,

(01:28:24):
and this lady couldn't even get off the couch to
show me around. So basically I called the State of
Colorado Health Department and they got involved and we put
in with the asset of the show. We put heat
on the Tameron Apartment complex.

Speaker 5 (01:28:41):
So what I want to call hers listeners to know
is that this is not fluff when you call with
your problems, your complaints from these people irresponsible, the people
that are ripping you off the scale, artist, the uh
in this case, you know, terrible landlords.

Speaker 6 (01:29:03):
You know this is not just for show, you know.

Speaker 5 (01:29:07):
Uh, You've got actual people following up on on on
your issues.

Speaker 8 (01:29:11):
And it's live. We're doing We're doing it live. I
mean we're going out. We're not like setting on these
cases for a couple of weeks. We'll get an issue
and normally we start making calls during the top of
the hour.

Speaker 5 (01:29:23):
Break and yeah, so don't hesitate the call three o
three Martino, Uh, give us your real problems and we
will give you real solutions. Uh. We have a special
guest with us, Gary millsbaw a retired a or a
police uh police officer, and so we we welcome your

(01:29:45):
calls for Gary uh to find out how you get
out of a speeding ticket? UH. Ask them anything, be controversial,
have a little fun. That's Monday, wake up anyway, Uh
three oh three, Martine, you know, give us a call again.

Speaker 6 (01:30:02):
UH.

Speaker 5 (01:30:03):
My name is Marco Bendinelli and I really am honored
to be here and to be invited to host the
show for Tom and Mark while they're not here. It's
really a privilege. We have to take a short break
and we'll be right back.

Speaker 10 (01:30:26):
Go with a sure thing Denver's best roofer Excel Roofing
dot com.

Speaker 11 (01:30:30):
You don't pay a cent until you're content.

Speaker 10 (01:30:35):
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 O three, seven
to 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
three nine two zero, sixteen twenty two.

Speaker 5 (01:31:03):
You are listening to six thirty Talk Radio six thirty
K Howe khow to the Troubleshooter Show.

Speaker 6 (01:31:12):
My name is Marco Bendinelli.

Speaker 5 (01:31:14):
Am honored to be filling in for Mark Major and
Tom Martino, both who.

Speaker 6 (01:31:22):
Are not in town today.

Speaker 5 (01:31:25):
And we can talk a little bit about a little
more about that. My name again is Marco Bendanelli. I'm
a local practicing attorney from the Bendanelli Law Firm.

Speaker 6 (01:31:35):
We've been in business in.

Speaker 5 (01:31:37):
Denver since nineteen ninety seven and as I like to say,
we are the best choice for the injured we represent.
We're a personal injury law firm. If you have any
questions today about personal injury or any other legal questions,
you give us a call, you know, and as normal

(01:31:58):
or as usual, we answer questions and listen to complaints
and solve problems for consumer. Tom Martino has been a
consumer advocate, the People's Champion for forty five years, amazing
longest syndicated radio show in the country.

Speaker 6 (01:32:17):
And uh before the break, we were getting.

Speaker 5 (01:32:21):
A little update on some of the past calls and
some of the past problems that have been reported and
deputy be Bo.

Speaker 6 (01:32:32):
Bo and I can talk sometimes.

Speaker 5 (01:32:34):
You know. It's it's really a good skill for while
you're on the radio, you know, for a.

Speaker 6 (01:32:40):
Trial lawyer, it's not that important, but not that you're here.

Speaker 5 (01:32:43):
Yeah, I'll take the marbles out of my mouth while
we get.

Speaker 20 (01:32:47):
An update from W to b wy Bow there it is. Again,
Bo is a lot easier to say than Dmitri. But
I just want to finish up with this Peggy with
the sewer smell.

Speaker 8 (01:32:58):
I just want to emphasized what the power of the
Tom Martino Troubleshooter Show has because of our involvement in bugging,
in harassing, and not harassing, just communicating with the management company.

Speaker 9 (01:33:14):
Uh, they were able to because of the involvement of us.

Speaker 8 (01:33:18):
I just got to stress that because this lady would
still be there suffering, the management company canceled her lease.
They found her a brand new apartment building in her system,
in their system.

Speaker 9 (01:33:32):
And they paid for her to move out.

Speaker 8 (01:33:36):
Now, I never could figure out where the smell was
coming from in the State of Colorado Health Department didn't
reveal it to me. But I just think that was
a great story that we were because of the involvement
of the show. They paid for a moving and expenses
and canceled her lease. So she's in a nice place.
Peggy's in a nice, good place now with no odors.

(01:33:58):
So with that, I'd like to turn it back over
to our Lieutenant Gary Meal spot with the Aurora Police
Department for some questions for him, and we're honored to
have him in here.

Speaker 6 (01:34:12):
Do you have any questions for him?

Speaker 5 (01:34:14):
Both, yes, I.

Speaker 9 (01:34:16):
Actually uh do.

Speaker 8 (01:34:18):
I'd like to find out about when you get I've
always heard when you get pulled over that basically and
I've never done this, but basically under the constitution or
our rules of government that you you don't have to
talk to a police officer.

Speaker 9 (01:34:35):
David, I'm thinking, do you even have to legally show them?
The idea?

Speaker 19 (01:34:40):
If you get pulled over, you are obligated. Driving is
not a right, it's a privilege, and you have you
have an obligation under the Motor Traffic Motor Vehicle Traffic
Code and the Revised Traffic Statutes to provide your driver's license,
registration and proof of insurance. You don't necessarily you have to.
You can exercise your First Amendment rights. You don't necessarily

(01:35:03):
have to answer any other questions. You're not compelled to
do that, but you have to provide that documentation otherwise
you can be sighted. And depends on the nature of
the charge. There's charges like traffic infractions where there's no
jail time involved, and then there are offenses where higher

(01:35:26):
misdemeanor traffic offenses where in fact you could possibly potentially
be jailed.

Speaker 5 (01:35:30):
So and you know, and we should mention, you know,
refusing to talk to a police officer is not a
recommended course of action.

Speaker 6 (01:35:39):
Yeah, that's true.

Speaker 19 (01:35:41):
I mean, you know it's it's it's not a recommended
course of action. I mean the basics are, you keep
your hands where you can see them. If it's night time,
you turn your dome light on, don't be reaching into
the glove box or under your seat, or it'd be
ideal if you could put your you know, they have
these visor clips where you can put your proof of

(01:36:01):
insurance and your registration right there and have those documents
accessible and have your hands clearly on the wheel, turn
your dome light on, right and be.

Speaker 5 (01:36:12):
Respectful to really appreciate being able to see your hands
the key as they're approaching your vehicle.

Speaker 6 (01:36:19):
That's the key.

Speaker 5 (01:36:20):
And like the lieutenant said, uh, probably on the steering
wheel is the best place.

Speaker 6 (01:36:26):
That's the best place.

Speaker 19 (01:36:26):
You don't be reaching in the center console, you don't
go in the glovebox, you don't go to your seat.
That's called furtive movements, you know, and that's going to
peak the suspicion of the officer, obviously from an officer
safety perspective.

Speaker 6 (01:36:38):
I have a question for you. Have you ever worked
in traffic. Yes, I was a supervisor of traffic at
one point.

Speaker 5 (01:36:45):
Okay, so you know the police officers that sit on
the side of the road with the gun, the radar gun, right,
you know, and it could be laser. What is it
could be laser? Could be laser. But my question is
I've always heard that you if you go nine over okay,

(01:37:07):
now nine miles an hour over the speed limit, and
maybe thats just applies to the highway. I don't know, Like,
if you know the speed limit is fifty five, if
you go sixty four, you.

Speaker 6 (01:37:18):
Won't get pulled over.

Speaker 19 (01:37:19):
Well, that's pretty much the discretion of each police department,
and especially when it comes to the traffic unit.

Speaker 5 (01:37:28):
I want you to give our listeners some inside information.

Speaker 19 (01:37:32):
Well, I definitely wouldn't go definitely if I'm I wouldn't
go over ten miles over the speed limit on the
highway and obviously the city. I mean when you're talking
to the city limits, when you're five to nine miles over,
then you're looking at getting pulled over. But once again,
when I'm talking about you got to understand the traffic
units in these respective police departments. Should they have one.

(01:37:52):
Their whole measure of performance is traffic tickets. I say,
that's how they.

Speaker 6 (01:37:57):
Get measured by. I won't.

Speaker 19 (01:37:59):
I won't be so bold as to say there is
a quota per se, but it's very dependent on your
evaluations and so forth, if you're in traffic and you're
doing speed enforcement in particular, or maybe they have a
different campaign going on, like right now, the big campaign
is expired plates. They they looked aside for the longest

(01:38:24):
time because they had bigger fish to fry, and then
because of the human cry of the public, because there
was such an extensive amount of people that were driving
around and with expired plates or misused plates or what
have you, then they have certain campaigns just like click
it or ticket with your seatbelt.

Speaker 5 (01:38:44):
So yeah, frankly, I'm from Pennsylvania, and you could not
drive a vehicle that you had an expired sticker.

Speaker 6 (01:38:54):
Or when I.

Speaker 5 (01:38:56):
Got the Colorado albeit it was, you know, nineteen ninety seven,
long time ago, but I was shocked that people ride
around Colorado, Denver in particular, with expired place no plates,
every day license plates and and there was like no consequences.

(01:39:17):
It blew my mind. That was it was not like
that in Pennsylvania.

Speaker 6 (01:39:21):
Well, it just comes with the times.

Speaker 19 (01:39:23):
I mean, there's certain times where traffic enforcement unless you're
in a traffic unit as I've mentioned, per se, but
if you're you're a patrol officer, oftentimes you've got your
going call to call to call, and you make a
traffic contact, you know, then what's going to happen. You're
going to be tied up quite a bit. And it
depends on, like I said, the nature of the traffic

(01:39:45):
stop itself. And oftentimes, like I said, if you're really
busy in the peak hours of the shift and you're
an actual traffic officer on routine patrol, you're usually hammered.
I know on Aurora, I mean we had so many
calls pending. Uh, it was beyond on the beyond belief.

Speaker 5 (01:40:01):
You mean calls that would pull the traffic officers off
of traffic duty.

Speaker 19 (01:40:06):
No, not the traffic officers, Okay, the traffic offeroint time.
The traffic officer would come off duty if it was like,
you know, a very high profile call like a barricaded
gunman or or some sort of a swat call where
they needed to secure a perimeter and there was not
enough resources, so traffic or whomever would come out there
secure the perimeter of the swat call or something, you know.

Speaker 6 (01:40:28):
As egregious as that.

Speaker 19 (01:40:30):
But as far as routine calls for service, you know,
maybe an officer would ask for a backup and there
wasn't any backups really, you know, that were tied up
or a certain distance away, then maybe a traffic officer would
swing by to be a backup officer r you know,
but normally, outside those parameters, they're pretty much, you know,

(01:40:50):
limited to doing traffic enforcement.

Speaker 5 (01:40:52):
Really interesting stuff. We have to take a short break.
Stay tuned in. It'll be to your benefit. We'll be
right back after this.

Speaker 10 (01:41:07):
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. Comparison call
Compass Insurance paying too much your coverage at dozens of
insurance companies find out now three all three seven to
seven to one.

Speaker 6 (01:41:27):
Help.

Speaker 10 (01:41:27):
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 (01:41:41):
That's a mean guitar. Right there, you are back listening
to the Troubleshooter Show. This is Marco Bendinelli filling in
for Tom Martino and Mark Major. Privileged to do so
U in case you just joined us. We've had a
very exciting show today. A number of controversial topics, interesting topics.

Speaker 15 (01:42:03):
You know.

Speaker 5 (01:42:04):
Callers brought up some uh uh you know, some great
things to talk about. Unfortunately, uh for one, uh we
had a you know, a death resulting from a COVID shot.
But anyway, it's been a great show so far. We
have a special guest with us today, Gary Millspaugh uh

(01:42:24):
and we have Deputies Bo and Deputies Dmitri in studio
with us. Always a pleasure, always exciting. Thank you, Thank
you have good things to say and add colorful comments.
In fact, we're going to go to Deputy Dmitri right now. Uh,
he has some questions about I think liability insurance.

Speaker 6 (01:42:48):
Is that what you mentioned?

Speaker 10 (01:42:49):
Mark?

Speaker 7 (01:42:50):
You may recall that I said that I have a
boatload of insurance. I maxed out all of the policy
limits on both my auto and my umbrella policy. And
I did that not only to protect myself in the
event of you know, through medpay and similar things, but
I also did that to protect the other party. In
case I really do accidentally insure somebody, I feel like

(01:43:10):
I'll bear some responsibility. So my question is from the
perspective of a guy who doesn't want to face you
in court. So the fact that's why, well, now you
can't represent anybody against me, right because I'm asking you
this question. So the question is this, since I have
a boatload of liability, does it make me a much
more of a juicier target for somebody like you? And

(01:43:34):
if so, are you going to put in more time
and effort and resources into pursuing this case? And furthermore,
on the other side, because the insurance company is on
the hook for such a huge amount of money, can
I count on them hiring me a better lawyer than
the otherwise would if I had just a state mandated minimums.

Speaker 6 (01:43:55):
Well, I answered the last question first.

Speaker 5 (01:43:58):
He answers no, because, well, they contract with certain firms,
and regardless of whether you got million dollars worth of
coverage with them or twenty five thousand worth of coverage
with them, they'll they'll hire the same typically, they'll hire
the same defense counsel.

Speaker 6 (01:44:15):
With unlimited number of hours. Well, they could build, yes.

Speaker 5 (01:44:18):
Because you know, any insurance policy carries with it two
obligations from the inshort er.

Speaker 6 (01:44:28):
You got it. That's that's the difficult to say. In
short er.

Speaker 5 (01:44:32):
Anyway, they have a duty to defend and then a
duty to indemnify. And the duty to defend is what
you're talking about. And so they will get counsel for
you and defend any claims against you. Now, you you
said you bought you buy lots of liability insurance for

(01:44:53):
two reasons. That's one of them was because I want
to be responsible if I hurt somebody that I don't
think in thirty years maybe I heard that before, but
it's usually a cya, you know, cover your rear. Motivation
to buy extra insurance, Yeah, Marco, I don't want a
lifetime of guilt if I do make a mistake and

(01:45:16):
cost someone's life.

Speaker 7 (01:45:17):
Or health or their ability to move around. That is
a I don't want to live with that.

Speaker 5 (01:45:21):
That's a rare perspective, and I applaud you for that.
But your primary question is, you know, does that make
you a bigger target? Tom, who has an issue with
carpet mill, will be right with you.

Speaker 6 (01:45:34):
Tom, stay on the line.

Speaker 5 (01:45:36):
But in answering Deputy Dmitry's question, the answer is likely no,
that you would not be a bigger target because you know,
when a case, for example, a case comes into my office, right,
you know, I evaluate cases based on two preliminary criteria.

(01:45:58):
Number one is liability, right you know, with someone else responsible.
And number two is damages and whatever the damages are,
the damages are.

Speaker 6 (01:46:10):
You know, I don't really think.

Speaker 5 (01:46:12):
That you can you know, you know, if you have
a ten thousand dollars claim, you know the fact that
the defendant has a million dollars of insurance, you know,
because really you can't push or or you can't overestimate
the value of damages. Do you know, even after thirty years,

(01:46:33):
I think to myself sometimes when I'm reviewing a file
or sitting and talking with a client.

Speaker 6 (01:46:39):
You know, my evaluation is what would a jury do right?

Speaker 5 (01:46:44):
Because you know, people think that, you know, there's runaway
juries and outrageous verdicts, and.

Speaker 6 (01:46:51):
You know that hasn't been my experience.

Speaker 5 (01:46:54):
You know, it's like, these are regular people and you're
going to have to tell them a story about what happened,
what your damages were, you know, what harm was incurred,
and they're going to be reasonable people, and you know
they're gonna they're gonna come back, Hopefully they're gonna come
back with something that's fair. And you know, and and

(01:47:15):
even though I talked earlier about the fact that my
law firm I think is different than others in that
we litigate cases more than others. Were not a settlement meal.
We actually represent clients. You know, it's about uh, getting

(01:47:36):
the insurance carrier to be fair?

Speaker 6 (01:47:38):
And are we are? We moving into a break right now?

Speaker 5 (01:47:43):
Tom, stay on the line.

Speaker 6 (01:47:44):
We'll be with you.

Speaker 5 (01:47:45):
I talked too much, Uh, stay on, stay tuned in.

Speaker 6 (01:47:50):
We'll be back after this.

Speaker 10 (01:47:56):
Go with a sure thing Denver's best Rufer Excel Rufe.
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 at dozens of insurance
companies find out now three oh three seven seven one help.

(01:48:16):
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.

Speaker 2 (01:48:27):
Yeah, rip.

Speaker 3 (01:48:34):
News.

Speaker 6 (01:48:35):
You need advice who.

Speaker 3 (01:48:36):
You don't have? Come run anxious as fast as we can.

Speaker 2 (01:48:42):
Shooter's gonna help.

Speaker 6 (01:48:44):
Come man, this is the Troubleshooter Show.

Speaker 5 (01:48:49):
Now Tom Martine, It is not Tom Martinez, it is
Marco Bendinelli from the Bendinelli Law Firm, the best choice
for the injured in Colorado. You know, the best law
firms are not necessarily the ones that advertise the most

(01:49:11):
CEO law firm.

Speaker 6 (01:49:13):
That's our website.

Speaker 5 (01:49:14):
Bendanelli Law Firm can be found at www ceo like
coloradocolaw Firm dot com. Go there if you need us
and you will be served anyway. We are back at
the Troubleshooters Show, the home of the consumer advocate, Tom Martino,

(01:49:35):
the best in the country.

Speaker 6 (01:49:37):
He's been doing.

Speaker 5 (01:49:37):
This for forty five years, taking your complaints, listening to
you and actually caring, and then getting involved in your
circumstance and working it out to your benefit. He holds
people accountable. This is not just entertainment, although we hope
you're entertained, but this is actually Troubleshooter Show and Tom

(01:50:03):
solves problems. There's been hundreds of millions of dollars in cash,
merchandise and services recovered for consumers everywhere. And you can
reach us now. We have a caller on online. Tom
will be with you in a second, but you can
call in at and reach us at three O three Martino,

(01:50:25):
three oh three Martino or three O three seven one
three Talk. You can also email us at help at
troubleshooter dot com and we don't have to be on
the air for you to email us. You can email
us at any time in a day and we will

(01:50:46):
get it and we will be responding to you. So
Tom is on the line. Tom has an issue with
carpet meal. That's all I know. So I'm gonna ask Tom,
what is your issue with carpet meal?

Speaker 1 (01:51:05):
Am I there?

Speaker 6 (01:51:06):
You are there, sir?

Speaker 1 (01:51:08):
All right? About a month ago I went to get carpet.
I'm doing a project in the basement, okay. And it
was like a Thursday. I went into a carpet store
and picked out carpet, and then Sunday the guy came
out and measured.

Speaker 5 (01:51:29):
Okay, all right, that's usually how it works.

Speaker 1 (01:51:33):
Yeah, and uh so Monday. That was Sunday, like a
month ago. Monday. I came in, I went back to
the carpet store, signed a bunch of papers, gave him
my credit card number. He took money out of my
credit card and say, okay, next Monday, we'll install. Now,

(01:51:57):
this was like a month ago.

Speaker 6 (01:52:00):
Right, you said that. Okay, So what happened?

Speaker 1 (01:52:04):
They Monday came, nobody showed up.

Speaker 6 (01:52:10):
Tom, Hang on second, Tom.

Speaker 7 (01:52:12):
So are we to understand that today came, which is
also Monday.

Speaker 5 (01:52:16):
And you still don't compet?

Speaker 1 (01:52:18):
This was Monday, three three weeks.

Speaker 7 (01:52:21):
Yeah, I know, I know, but we're talking. Let's talk
about today, which is also Monday. Do you have your
new carpet or not?

Speaker 1 (01:52:27):
No, I don't have my new carpet.

Speaker 6 (01:52:29):
Why not.

Speaker 1 (01:52:33):
Nobody showed up?

Speaker 6 (01:52:34):
Well, I'm sure you called them. What they said?

Speaker 1 (01:52:37):
I paid them sixteen dollars for the carpet. They wanted
me to pay for the carpet and the installation. I
refuse to pay for the installation until after it's done.

Speaker 7 (01:52:46):
Is that why they haven't installed the carpet, because you
haven't paid for the installation.

Speaker 1 (01:52:51):
No, they said they came today, and nobody came today.

Speaker 6 (01:52:56):
Wait, that doesn't make sense.

Speaker 1 (01:52:57):
After this was after we settled the first dispute.

Speaker 6 (01:53:03):
So I heard what what?

Speaker 15 (01:53:08):
What?

Speaker 6 (01:53:08):
What?

Speaker 5 (01:53:08):
How many disputes were there? I thought there was only one.
You paid for the carpet and they didn't deliver.

Speaker 1 (01:53:13):
Yeah, you won't let me. Do you want me to
let me explain? Well, first time, the first time I
called and they said that I didn't sign the contract.
This was three weeks ago. So I went back to
the store that week and I signed another contract, and
then that was supposed to be all good until this monday.

(01:53:36):
They were supposed to come this Monday and install it,
and then I was going to pay for the installation
after it was done. Well, they never came today.

Speaker 21 (01:53:48):
I hate to break it to you, but today's not over.

Speaker 1 (01:53:52):
I've already talked to them. They said they were here.
They weren't here. They said they called, they didn't call.
So now it's to the point where I don't want
to use these guys the carpet mill anymore.

Speaker 5 (01:54:04):
Which there's a bunch of carpet mills in Colorado.

Speaker 6 (01:54:07):
Which which story are you talking about? There are?

Speaker 1 (01:54:10):
And uh, if you want me to specify the store,
this the one on West.

Speaker 6 (01:54:16):
Colfax by Denver West.

Speaker 1 (01:54:21):
No, not that Colefax and Kipling.

Speaker 6 (01:54:24):
Okay, yeah, okay, So.

Speaker 7 (01:54:26):
Tell them are they going to reschedule the installation and
show up on another day?

Speaker 1 (01:54:29):
Or they call and they said they won't reschedule it
unless I pay for the installation.

Speaker 5 (01:54:38):
So do you think the whole thing is related to uh,
prepayment for the installation.

Speaker 6 (01:54:46):
It seemed like they told you that before.

Speaker 1 (01:54:50):
Uh, well, we had it. We had it to where
I wasn't going to pay for the installation untill after
it was done.

Speaker 6 (01:55:00):
And they agreed to that.

Speaker 1 (01:55:02):
They agreed to that. So you gave him sixteen hundred
dollars agreed to that?

Speaker 6 (01:55:06):
You gave him sixteen hundred dollars.

Speaker 1 (01:55:09):
I paid for the carpet, yes.

Speaker 6 (01:55:10):
And how much is the installation?

Speaker 1 (01:55:14):
It was another sixteen hundred or thirteen or something like that.

Speaker 5 (01:55:18):
Yeah, okay. And and did you talk to the manager
and he said, okay, you don't have to pay for
the installation until after we inssaw the carpet.

Speaker 6 (01:55:30):
Did you have that agreement?

Speaker 1 (01:55:32):
We had that agreement until today in writing? In writing, yes, okay.

Speaker 5 (01:55:41):
So is there a reason that that you wouldn't pay
for the installation. It seemed like, you know, they're a
big business, they're.

Speaker 1 (01:55:50):
A reputabilitation before it's done.

Speaker 5 (01:55:53):
Okay, Well you paid for the carpet before you before
you had it in your possession.

Speaker 1 (01:55:57):
Never pay up front, Never pay up front for anything.

Speaker 15 (01:56:03):
You know.

Speaker 5 (01:56:03):
It seems like, well, you know what, Listen, we'll investigate
that off that time.

Speaker 9 (01:56:08):
Tom, this is bo.

Speaker 8 (01:56:09):
Do you want me to call over there during the
break find out about this agreement you have with getting
paying them when the job is done. I mean, if
you have something in writing or from the manager of
the carpet mail on colfax, you should be a no brainer.
That sounds like to me. It sounds like to me,
you just want to maybe cancel the whole deal. That's

(01:56:32):
what I'm getting from you.

Speaker 1 (01:56:35):
Well, you know, at this point, maybe I do. All
I want is carpet in the basement, and I don't
want to I'm not going to pay for the installation
till after it's done.

Speaker 9 (01:56:46):
And now, Tom, what did they actually go ahead?

Speaker 5 (01:56:50):
And they may say, and they may say, we're not
installing the carpet until you pay for the carpet and
the installation.

Speaker 1 (01:56:58):
Have you talked to Tom Martino lately? What Tom Martini
pay for installation until after it's done?

Speaker 6 (01:57:04):
You know what.

Speaker 5 (01:57:05):
I'm not gonna speak for Tom, h but well, you
know what we'll do is listen, you think.

Speaker 21 (01:57:10):
We should come in the last forty years, then don't
do business with the company if you've got to pay
for everything up front. My friend, It's that simple. That's
what Tom has said for years. You can plays and
he's got no problem with whatever.

Speaker 1 (01:57:26):
I'm not gonna pay for the installation until after it's done.

Speaker 21 (01:57:30):
And you have an agreement with that. You've got the
contract written out's stating that fact.

Speaker 1 (01:57:34):
Agreement with that.

Speaker 21 (01:57:35):
Yeah, it is written in the content.

Speaker 1 (01:57:37):
You talk to general man the job said Tom, I'm
gonna do it till after.

Speaker 21 (01:57:42):
Tom everything Tom, Tom, Oh, are you thereready?

Speaker 6 (01:57:47):
Dragon? Tom?

Speaker 1 (01:57:49):
Yeah, I'm here.

Speaker 21 (01:57:49):
Okay, You've got that written in the contract from the
manager stating for the fact that you do not have
to pay for installation until it is done. Yes or no,
that's right, perfect right. Email that over to us and
we'll work on it.

Speaker 5 (01:58:03):
Can you do that?

Speaker 9 (01:58:05):
It's good advice, dragon.

Speaker 6 (01:58:08):
Tom. Can you do that?

Speaker 1 (01:58:09):
Call that guy out there.

Speaker 21 (01:58:10):
Tom. We will need the contract in order to fight
for you. Do you have that in the contract?

Speaker 15 (01:58:20):
Don't know?

Speaker 1 (01:58:20):
Then no, I've got it.

Speaker 6 (01:58:27):
You seem pretty sure.

Speaker 9 (01:58:28):
But listen, that's good advice dragon Tom.

Speaker 8 (01:58:31):
Just email us the contracts so we can look at
it and if that language is stated, we'll call over there.

Speaker 5 (01:58:37):
And you know, so email that and we have your
number and we will investigate that. We need to see
it in the contract obviously, and uh, and we'll investigate
it for you.

Speaker 6 (01:58:50):
Tom.

Speaker 5 (01:58:53):
Listen, Tom, Uh, we're gonna cut bye, Tom, see you, Tom.

Speaker 6 (01:58:57):
We're gonna go to Joseph. Uh. You know what.

Speaker 5 (01:59:00):
Listen, we we are limited by our.

Speaker 6 (01:59:05):
Humanness and so we will uh.

Speaker 5 (01:59:12):
Cut ties with Tom.

Speaker 9 (01:59:14):
Good luck.

Speaker 5 (01:59:15):
Oh, Joseph, you have a question of fire returny. We
need to take a short break, So stay on the
line and we'll be right back.

Speaker 10 (01:59:28):
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 check up free no obligation comparison
call Compass Insurance paying too much your coverage at dozens
of insurance companies find out now three O three seven
to seven to one help. You'll think you're his only

(01:59:50):
customer when you choose Frank durand the real estate man
dot com to list your home with Remax Alliance three
three nine two zero sixteen twenty two.

Speaker 5 (02:00:09):
I'll let you listen to that music just another second
or two more because it was so good. Anyway, if
you just joined us, you you've just you missed an
exciting time where we had a caller start swearing and screaming,
and you know makes for exciting radio.

Speaker 6 (02:00:28):
We want to help consumers.

Speaker 5 (02:00:30):
Tom Martino, uh set that precedent, and you know Tom
is is the is the national leader. Really he's been
doing this show, The Troubleshooter for forty five years. And
so call us what a problem. We will help. Tom
called and had a problem with carpet meal. But perhaps

(02:00:55):
he did not want to pay for the services. And
Tom Martino does say, you know, you could pay for
materials and maybe not pay for installation or for the
work being done until.

Speaker 6 (02:01:07):
It was completed.

Speaker 5 (02:01:09):
Apparently Carpet Mill doesn't do things like that, and so
Tom needed to do business with someone else basically. So anyway,
that was rather exciting. This is my first time hosting
for Tom Martino and Mark Major, and I've never had
so that would be the first time I had someone

(02:01:29):
swear at me on the radio. Rather exciting for a Monday.

Speaker 6 (02:01:33):
Yeah, it's not the first time that happened here.

Speaker 7 (02:01:35):
But dragging behind the glass over there is pretty good
at intercepting these and re walked down the clock.

Speaker 6 (02:01:40):
He's got some kind of a time machine over there,
something like that. I wasn't prepared for that.

Speaker 5 (02:01:47):
I don't know if I could have been, frankly, but anyway,
we are here to help. Three to three Martino, three
oh three Martino.

Speaker 6 (02:01:56):
We've got a couple open lines.

Speaker 5 (02:01:57):
You can call in or email us at help at
troubleshooter dot com.

Speaker 9 (02:02:04):
I have a question for Gary there, Marco Okay.

Speaker 5 (02:02:07):
Gary is our special guests in studio, Gary Millspaw. He
is a retired Aurora police officer. Uh and he's ready
to field a question by Duppy bow.

Speaker 1 (02:02:21):
Not just.

Speaker 8 (02:02:25):
His dad is actually gold plated. I took a picture
of it. I'm gonna bargain for it after the show.
So Gary, I've always wondered this, if, please, when you
get pulled over and we're talking about a person's constitutional rights,
what's the story when a police officer asks you to
step out of the car. Are you under I know

(02:02:47):
you're not really under obligation to talk to him, but constitutionally,
do I have to step out of the step out
of the car.

Speaker 19 (02:02:55):
That's an interesting question. Yes, here's what I would it
is there is case law that from an officer safety perspective,
if he asked you to get out of the vehicle,
you need to get out of the vehicle. Otherwise it's
going to be a bad outcome, especially depending on the circumstances.
Obviously every situation is different. What was the nature of
the contact? What I would say is, if you get
pulled over, do not get out of the car until

(02:03:19):
unless the officer asked you to get out of the car.
Because there's been I've seen and experienced and seen had
bad results and seen so many videos which we see
all the videos all the time in training during briefings
of officers getting attacked or violently attacked or even killed
by people that are coming out of their vehicle and

(02:03:39):
coming toward them, and then they pull produce a weapon
sometimes of what have you. So I would highly recommend
if you get pulled over, stay in the car. Do
not get out of the car. You know, you know,
there could be a variety of reasons why you're being contacted.
You might not even know. You may know why you're
being contacted. You may know your speeding, you may know

(02:04:00):
that you were driving radically, or maybe you don't know
why you're being pulled over. But either way, do not
get out of the vehicle unless the officer asks you.
And then if the officer does, for officers safety, ask
you to get out of the vehicle, then get out
of the vehicle. You don't necessarily have to violate your
First Amendment rights. As I said before, it's a different

(02:04:20):
thing if an officer asks you, is that address on
your driver's license valid? Is the registration the address of valid?
Because if they're going to issue a ticket, they've got
to know that you're going to show up at court
and that they have accurate information whereas to send this,
you know, to summons or whatever. If you don't appear
otherwise you got some other problems. If they have reasona

(02:04:42):
believe you're not going to appear in court, then you
might have to be post to bail.

Speaker 6 (02:04:46):
But anyway, that's the point.

Speaker 5 (02:04:48):
Okay, I got a question for Deputy both Why is
that a? Why was that?

Speaker 6 (02:04:54):
Your second question?

Speaker 5 (02:04:55):
On?

Speaker 6 (02:04:56):
How do I?

Speaker 5 (02:04:57):
How am I able to not cooperate with law enforcement?

Speaker 8 (02:05:02):
Well, it's never happened to me, But I'm just curious
if someone if an officer asks someone to get out
of the car, let's say it's a suspicion for do
you why? I just don't think constitutionally a person has
an obligation to step out of the car. And then
what does the officer do? Because Gary, I'm sure you
had instances where people will not get out of the

(02:05:23):
car which you've asked them to get out of the car.

Speaker 9 (02:05:25):
So what is the.

Speaker 5 (02:05:26):
Next how do you do roadside sobriety tests or roadside
maneuvers if you won't get out of the vehicle when
the officer suspects that you're intoxicated.

Speaker 9 (02:05:37):
Well, is what a criminal offense to not get out
of the car?

Speaker 6 (02:05:41):
Is that a Well?

Speaker 19 (02:05:43):
You know, I understanding from case law from an office
is purely from an officer's safety viewpoint that you need
to get out of the car if the officer feels
that his safety may be in jeopardy. As far as
roadside maneuvers, you can decline they're consensual. You don't have
to do roadside maneuvers if the officer asked me to do.
You're not under you're not compelled to do that.

Speaker 9 (02:06:03):
Okay, you're not compelled, so you don't have to you.

Speaker 6 (02:06:07):
Don't have to do road you know.

Speaker 5 (02:06:08):
I would say as a general consensus, UH to cooperate
with law enforcement and things are likely to not escalate
with a with a police officer if you cooperate, I
would say that the chances dramatically increase that the circumstance
and the situation will escalate should you be defiant, uncooperative, disrespectful.

(02:06:38):
So you know, those those character traits are probably not
useful in any circumstance.

Speaker 19 (02:06:45):
Well, well, you're correct, because it could lead to an
officer's discretion if he has the ability to end up
placing you under arrest, whereas he could let you go
maybe by a summons and one In either case, whether
he lets you go with summons and whatever the case
may be, he's going to put in his notes what
your attitude was. He's going to mark that down. He's

(02:07:07):
gonna be very specific on how you responded to the
contact to your point and the assistant DA. When he
gets that that case brought before him and he reads
the officer's notes, you're probably less inclined to get some.

Speaker 10 (02:07:24):
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 find out now three O three seven
to seven to one help. You'll think you're his only

(02:07:45):
customer when you choose Frank durand the real estate Man
dot com to list your home with Remax Alliance three
three nine two zero sixteen twenty two.

Speaker 5 (02:08:08):
Thank you for joining us. This is the Trouble Shooter Show. Uh,
Tom Martino and Mark Major are not here. I'm filling in.
My name is Marco Bendinelli.

Speaker 6 (02:08:19):
We are well.

Speaker 5 (02:08:22):
My firm represents injured people. We're a personal injury law firm,
and I am.

Speaker 6 (02:08:28):
Privileged to be here today.

Speaker 5 (02:08:30):
Just really taken back, honored that Tom and Mark would
trust me to host this show. It's been great, it's
been fun, it's been exciting. Uh, it's been a rather
up at the Monday. Uh, and time has flown. So
we're glad you're tuning in. We're glad for your appreciate

(02:08:53):
your calls. We invite more. Give us a call at
three oh three Martino, three three Martino, and let us
know what's going on with you. Are you having problems
with a contractor are you having problems with anything anything
that's consumer related. This show was built by Tom Martino

(02:09:19):
as a consumer advocate. Forty five years later, he is
still strong and helping people that have been taking advantage
of need help, been ripped off, been you know, suffered
something some harm at the hand of a scammer. So

(02:09:39):
give us a call, we will help. Earlier today, Deputy
Bo gave us a little update on previous callers. And
so just to let you folks know that you're not
talking into the abyss. There is follow up here. There
are people that care, you know, and your situation will

(02:09:59):
be investigated. Uh and uh hopefully we will get you
some justice.

Speaker 1 (02:10:05):
Uh.

Speaker 5 (02:10:06):
So we appreciate you listening. We appreciate your calls. Uh,
three oh three Martino. You know Tom has been uh.
You know, we we listened to a rather emotional description
as to why Tom had been out for months and

(02:10:28):
uh and Mark Major gave us some details on that,
I think for the first time last week. Uh in
that you know, Tom had been diagnosed, unfortunately with pancreatic cancer.
And Mark was very emotional as he related to the

(02:10:48):
listeners Tom's plight, but was happy to report, more than
happy to report, really shed tears of joy that you know,
everybody knows that if you're going to have cancer, Lord
knows you don't want pancreatic cancer. You know, that is typically.

Speaker 6 (02:11:12):
A death sentence. You know, I won't mince words.

Speaker 5 (02:11:16):
And fortunately Tom underwent a surgery that the surgeon was
able to extract all of the cancer. And you know,
Tom is going to be fully recovered. He is in
the three percent of people that survive pancreatic cancer. And

(02:11:38):
so we are very very happy about that. We enjoy
and you know Tom, and you know, he is such
a talent and he is such a sincere consumer advocate.
He's done so much for so many people. You know,

(02:11:59):
we you know, consumers in general. Oh Tom, you know,
a debt of gratitude. He's devoted his life to this.
This is his calling, you know, and he excels at it.
And you know, one of the reasons that he's been
so successful is because of his sincerity in wanting to

(02:12:23):
bring justice and you know, uncover unscrupulous vendors, and you know,
and so his longstanding success forty five years, the longest
syndicated radio show in the country, you know, that doesn't
happen by accident. And you know, and his popularity, you know,

(02:12:48):
is due to his sincerity into what he does. You know,
this is not a game for Tom. This is his life,
and he cares about consumers. He cares by consumer rates
and and he zealously pursues remedies for people that have
been ripped off, you know, people that have been cheated.

(02:13:12):
You know, he's been taking your calls, he's been listening
to your concerns, and he's been answering questions and solving problems.
And we are happy to report that Tom will be
back in this chair, continuing his mission. We're very grateful
for that. Went an asset you know, to folks everywhere,

(02:13:37):
and Mark Major too, Mark has been with Tom what
twenty years something.

Speaker 6 (02:13:41):
Like that, something like that, forever and ever and ever.

Speaker 5 (02:13:43):
You know, and again, and Mark major shares Tom's passion
and that's why they've been such a successful team.

Speaker 6 (02:13:53):
You know.

Speaker 5 (02:13:54):
It's really it's really wonderful one. And I'm just privileged
to have been exposed to this little bit. And you know,
I've been down here as a guest a couple of times,
and you know, it's really compelling. You know, the passion,
the sincerity, you know, the focus, and so I am

(02:14:18):
I'm honored to be sitting in Tom's chair.

Speaker 7 (02:14:20):
Frankly, Mark, I don't know if this is I think
that's a good time to ask you for a follow
up on a case that you called in or we
called you about a month and a half ago.

Speaker 6 (02:14:29):
Okay, Now, I'm.

Speaker 7 (02:14:30):
Used to lawyers in movies saying, hey, I can't comment
on pending litigations, so that's your out. But but to
the extent that you can answer or at least bring
us a little bit up to date on this. You
may recall about a month month and a half ago,
a lady called us because her husband unfortunately died as

(02:14:51):
a result of choking, and she found out that he
had an accidental death.

Speaker 5 (02:14:56):
Policy through his employer, and I can tell you about
that case, but we need to take a quick break.
We can't take it.

Speaker 6 (02:15:04):
I can't wait.

Speaker 5 (02:15:05):
So stay tuned and you're going to hear about a
real life circumstance on a life insurance denial. We'll be
right back after the break. As a guitar player myself,

(02:15:27):
I just love that lead guitar. This is Marco Bendinelli
from the Bendinelli Law Firm, filling in for Tom Martino
and Mark Major.

Speaker 6 (02:15:36):
Please to do so, honor, to do so.

Speaker 5 (02:15:40):
Prior to the break, Deputy Dmitri asked me a question
about a prior case, which I will answer. However, we've
got a caller on the line who has a question
for our special guest, Gary millsbah a retired I said,
retired police officer. Us are previously and that's not inaccurate,

(02:16:02):
but he was actually a lieutenant, and you know there's
some honor and distinction that comes with that. So that
is who Gary Millspaw is. He's a retired lieutenant from
the Aurora Police Department. And we have Pat on the
line who has a question for Gary.

Speaker 22 (02:16:21):
Go ahead, Pat good afternoon, gentlemen. Hey, in watching a
few of those late night police shows, a lot of
people don't have driver's license when they pull them over.
How prevalent is that?

Speaker 19 (02:16:38):
Actually, it's not that prevalent, to be honest with you.
I mean, most people that we contact, if I had
to give you a percentage was they did have in
fact the driver's license. Oftentimes it's an expired driver's license.
Oftentimes it's a suspended driver's license they have or revoke
driver's license. That we find out obviously when we run
it through the database. But as far as people just

(02:17:01):
having no valid driver's license period, it's it's kind of unusual,
but these stakes are a lot higher if you have
a revoked or a suspended license for a variety of reasons,
to pay child support DUIs in the past, whatever the
case may be. Versus a person that just does not
have a valid driver's license, it's a much lower offense.

Speaker 22 (02:17:25):
Okay, Okay, Well I just wonder what about people with
no insurance.

Speaker 19 (02:17:30):
Yeah, we do come across a lot of that. Unfortunately,
with that, yes, there is a lot larger population that
does not have valid driver's license or valid insurance. Oftentimes,
as you would figure we find that out not only
traffic stops, but primarily at accident scenes.

Speaker 6 (02:17:50):
Gary.

Speaker 7 (02:17:51):
What percentage of the driving population out there would you
say is uninsured?

Speaker 19 (02:17:55):
Well, as far as the contacts that I would have,
I'm just going to say from personal context, I would
say about forty percent and maybe a lot higher.

Speaker 5 (02:18:03):
Wow.

Speaker 6 (02:18:04):
What yeah, wow?

Speaker 22 (02:18:06):
Shots, Yeah, yeah, that's why we pay uninsured motorists coverage
and underinsured motorists coverage.

Speaker 5 (02:18:15):
Well, Pat, I'm gonna jump in there on that comment.
Hold on a second here, Listen, that is the most important, uh,
part of everybody's car insurance policy.

Speaker 6 (02:18:27):
And rarely do people know that h M.

Speaker 5 (02:18:32):
We call it UM which is uninsured and underinsured motorists.
That is absolutely the most critical part of your car
insurance because if that coverage steps into an AT steps
into the shoes of an at fault.

Speaker 6 (02:18:48):
Party, that may injure you.

Speaker 5 (02:18:50):
So really, if they are uninsured, or if they have
state minimums twenty five thousand, uh, you know, then your
UM coverridge kicks in. And I've you know, being a
personal injury lawyer for thirty years, you know, I've seen
some tragic things, some terrible things, and that M check.

(02:19:12):
Sometimes people you're more likely to be disabled in a
car accident than anything else. And that M check is
the last check people see before they get some security disability.
And so anybody that's listening, all the listeners, it is
the most important part of your car insurance policy. And

(02:19:36):
you know, and don't listen to the hype. Got fifteen minutes,
say fifteen percent on your car insurance. That is not
the place to be saving money, you know, and people
don't know that until you know, tragedy strikes. And so anyway,
we thank you for listening. I appreciate Tom the esteemed

(02:20:00):
respected hosts Tom Martine and Mark Major allowing me to
fill in. Uh, we'll be back at you tomorrow morning.
Make sure you're listening. Save all your problems for us,
keep keep your dial tuned.

Speaker 6 (02:20:14):
We'll see us soon. Thank you,