Episode Transcript
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Speaker 1 (00:00):
Gary and Brad from Bell and Pollock in the studio
right now. I've already got a couple of questions, and
I got a guy who's calling back. So get on
board now because you can call three oh three seven
to one, three eighty five eighty five and speak directly
with Gary and Brad. And I would prefer that because
when you text a question it gets really difficult to
sort of parse out the reality of it. You don't
(00:21):
give enough details. They need more information. So I need
you to pick up the phone and call today three
oh three seven one three eighty five eighty five. Before that,
I want to give a something I normally don't do,
but this seems like a big deal.
Speaker 2 (00:33):
Mandy. Just a shout out.
Speaker 1 (00:34):
For Sergeant Robert Cruz, who was awarded the Soldier's Medal
today a Colorado Native station at Buckley. Proud to know him.
He exemplifies service and courage. Thanks no, thank you, Sergeant
Robert Cruz. Guys, welcome into the studio. Good to see
you again, Nice to see you, Nice.
Speaker 3 (00:51):
To see you.
Speaker 4 (00:51):
Thanks for having us once and again. Rod Ready to
go legal rock and roll. There we go.
Speaker 1 (00:56):
I have a question that may not have any real answer. Here,
but it has to do with road rage. We were
on the way home from the airport and two guys
on motorcycles stopped on a major road, stopped in front
of us, and then proceeded to get off their motorcycles
to try it. I don't know what my husband he
(01:17):
used an expletive and said, oh no, and then drove
between the motorcycles and did some damage to one of
the guy's bikes. Then we drove to the police station.
Police came out filed a report. They said, well, we
can't make a you know, this is a no fault.
Speaker 2 (01:29):
Accident or whatever.
Speaker 1 (01:31):
But in a road rage situation, what kind of stuff
do you guys deal with that? Are you seeing people
who have been harmed in a road rage situation and
what does that look like?
Speaker 5 (01:40):
Yeah, I mean we have our first advice to everybody, friends,
families is avoid them. But you can't always avoid them
because here you are in the middle of it. So,
I mean, it's just like any action that there's liability
for that kind of driving, that kind of behavior, that
kind of conduct on behalf of the motorcycle riders and
so they have to pay the content question if they
(02:01):
cause injury, there's a big problem. What if you de
throne your bakes and some other car hits you, and
then you hit the other car.
Speaker 2 (02:07):
A lot could have gone wrong.
Speaker 1 (02:08):
That didn't go wrong, A lot could have gone terribly wrong.
It was the most absurd situation I've ever been involved
in my life and shocking.
Speaker 2 (02:15):
It's shocking.
Speaker 6 (02:16):
It changes from changes from negligence to an intentional torque, assault, battery,
reckless conduct, intentional conduct. So it can heighten the the
amount of claims you have against the people who have
caused road rage. If you're doing things like you were
talking about, you probably have a pass because you've you
(02:39):
were acting in self defense from what was happening, So
you're acting in self defense. What they caused, the injuries
they cause can heighten the degree of culpability they have.
Now you know there's a question that you have. Then
are you losing insurance coverage because there I'm sure they're
insurance coverage that they have to be right in their bikes.
(03:01):
Is is not going to cover them acting in road
rage style? Uh, they're going to insurance companies going to
say we're not covering that it was an intentional torque
and we're going to come back and say no, you have.
Speaker 4 (03:11):
To cover it.
Speaker 6 (03:12):
And that's one of the reasons you have coverage is
even if somebody loses their.
Speaker 4 (03:15):
Cool on the road, because people lose their cool on
the road.
Speaker 1 (03:19):
The most upsetting part about this is we literally drove
to the police station. One of the guys on the
motorcycles following us the entire time, but we drove to
the police station and was like, we're outside, can somebody
come out and file a report?
Speaker 2 (03:30):
Doesn't occur to me, they now have our home address.
Speaker 4 (03:33):
Yeah.
Speaker 1 (03:33):
Yeah, that seems like something that should be mitigated in
certain situations, but yet it is not.
Speaker 5 (03:39):
Well, think about it, Yeah, and think about this your situation, Manny.
So you have the motorcycles as road rage, and we
say this on our show all the time. We'll say,
right here, what if and I didn't wish it on anybody,
what if you somebody was injured? Yeah, what if somebody
hit you then and you hit another car and the
motorcycle driver usually doesn't have much, if any insurance, Right,
(04:01):
So then you fall back on your own you am you,
I am on your own car policy, which we have.
Speaker 1 (04:08):
Yeah, because I listened to Gary and Bratt, possible that's
the perfect you do.
Speaker 4 (04:13):
You know, you can hear it right now.
Speaker 5 (04:14):
This motorcycle driver caused this, They did this, They did
that well, they don't have any insurance, and so that's what.
Speaker 4 (04:19):
You do well, which you did was perfect. Yeah, I
mean my.
Speaker 1 (04:22):
Husband handled it. I mean he's you know, as he said,
he said he was. He was very taken aback. He
had no idea. Just the whole thing happened very quickly.
It happened out of nowhere. It was like, what is
going on? And uh, you know, we.
Speaker 2 (04:36):
Did what we had to do.
Speaker 1 (04:37):
But I was like, what if because we stopped in
the middle of a major roadway, what if.
Speaker 2 (04:41):
We'd gotten rear ended, we would have run.
Speaker 1 (04:43):
Over both of them. Yeah, that's the thing that got me.
I was like, what are you doing? You're putting yourself
in danger?
Speaker 5 (04:49):
His vetan, he's a veteran. His military training kicked in.
Here we go, Well, you do not.
Speaker 1 (04:53):
Want to try and block a guy on the roadways
who was almost killed in an ambush and a humvey.
That's the guy to choose to do that too, he
responded thusly. So and you know, didn't hurt anybody, but
it was not a good scene. Okay, I got a
bunch of people lined up. Let's get to these questions. Mike,
you're on McGarry and Brad from Bell and Pollock. What's
your question.
Speaker 7 (05:14):
Hey, I had ordinary bypass surgery last August and afterwards
I really struggled breathing and for a couple of months
couldn't figure out what it was. But anyway, come to
find out, my left diaphragm was left paralyzed from the surgery,
and consequently they my left long man is half collapsed
(05:37):
and I've had some procedures done to try and correct it,
but it's turns out its permanent condition. At this point,
it's quite debilitating. I've talked to a handful of law
offices and no one's no one's willing to take the case.
(05:58):
They and they don't really tell me why. And consequently,
all the doctors I've seen are quite surprised that this happened.
Speaker 2 (06:08):
So this is not a commoner injury.
Speaker 4 (06:11):
No.
Speaker 5 (06:11):
First of all, I'm so sorry that you're going through this,
but we'll tell you why.
Speaker 4 (06:15):
No, no law you'll take it. We'll tell you right now.
Speaker 5 (06:19):
What they're looking for is a case where the doctors
can't come in the expert and the doctor's defending the
doctor that did this. Where they can't come in and
say that's a natural risk that you assumed a risk,
it was disclosed to you, then can send form that's
a natural risk. I mean, it's unfortunate, sir, and it's
an unfortunate happening. We're sorry, Okay, we're sorry, but it's
(06:41):
a it's a risk that you inherited. We did nothing
wrong to cause it, and there's nothing we could have
done to stop it.
Speaker 4 (06:48):
And that's why they won't take the case. Right there?
Speaker 1 (06:52):
Is that I mean, is that clearly outlineders it in
that general bad things could happen to you that you
signed off in French. And if that's the case, then
can you ever get made whole if you have a
situation where you have an unusual injury from surgery. I mean,
it sounds like medical malpractice is just hard.
Speaker 6 (07:09):
Well, that's one of the questions I have for the
caller is where you advise that this was a complication
or a potential complication of your coronary artery bypassed. Did
anybody come and say, hey, you can suffer these problems
and was any of that put in writing such that
you understood some of the risks that you were going through.
(07:29):
Because I agree with Gary, nobody wants to handle these
type of cases. They're very expensive. The costs are tremendous
because you have to get experts in the field who
will testify against their own doctors, their own brethren. And
at the same time, if there's any hint that you
or advised that this was a potential complication, then they say, well,
(07:51):
we're off the hook because now we advise you what
was happening.
Speaker 5 (07:54):
The other thing is, the other thing is you have
to look at what facts you'd have to prove that
they did something wrong, because if they did nothing wrong
and it just happened, then you're into that great category.
But let me give you one more example, Nanda, you
just brought it up. We know, what can you ever do.
Let's say I'm a doctor. Let's I'm gonna give you
stomach surgery today, and I give you all the risks
(08:14):
and then I cut your spinal cord. Right, I mean, no,
that's a case. Right, there you go, that's not a risk.
You did it, and there you go.
Speaker 7 (08:24):
So well, in this case, certainly they didn't. That was
not something they talked to me. About They said that
they were going to do it on pump, meeting on
a hardby pass, and they ended up not doing it
on pump. And I understand this is, like I say,
a very rare situation. They have to cause trauma to
(08:44):
that nerve to injure it. They can't, you know what
I mean, just going in there doesn't injure it. Something
has to happen to that nerd that they know is there, right, And.
Speaker 6 (08:58):
If you can hook up that they appropriately they're improperly
uh hit that nerve or contacted that nerve to cause
the diaphragm paralysis. Uh, then you've got something going for
you because that's not supposed to happen. But uh, you're
going to get a lot of doctors who are going
(09:18):
to say that's part of the risk. That's what happens
in these things. And we're dealing in such tight quarters
when we're trying to do a surgery like this, we're
facing situations.
Speaker 4 (09:28):
That can happen to you.
Speaker 6 (09:30):
Again again, you know, I think probably the main problem
I hear so far. It takes a lot examining it
a lot more, but the main problem I hear so
far is that nobody told you this could happen.
Speaker 1 (09:44):
Uh, you know, well, it sounds to me like they
prepared him for one kind of surgery and then ended
up doing a different kind of surgery. What kind of
what kind of wiggle room do you have there? If any?
Speaker 5 (09:56):
Okay, okay, that's a great question, because when you go
from what they default to, is you agreed that I
and look at you to consent form here, you agreed
that I would do this procedure and I could do
any related procedure that I and my professional medical judgment
being necessary at the time. And I don't need to
wake everybody up, and I don't need to call a
time out, and I just go for it.
Speaker 4 (10:17):
That's what you that's what you face. I mean.
Speaker 5 (10:20):
But you know, let's talk about disclosure one quick, one
quick moment. You say this wasn't disclosed to you. Probably true,
and they didn't bring it to your attention, probably strong
enough or even at all. But in some cases there's
our doctor's disclare disclose. Hey, I may injure your nerve.
And if I injure your nerve, you may have with
these problems. Here's how they they do it. By the way,
(10:41):
there's a nerve there and they're done, and they call
that a full disclosure by you know, by the way
that you have herder surgery. No, there's a major nerve
there and hernie surgery. By the way, there's a nerve.
Let's move on.
Speaker 6 (10:55):
When you've met with these attorneys, have they had you
bring your medical records in, if they had anybody look
at them for you? Have they talked about an expert
to look at them, or having anybody review what the
doctor did and what's in the records?
Speaker 3 (11:09):
Well, not really.
Speaker 7 (11:11):
There were a couple of them wanted to get really
in depth about what happened, and in the end they
you know, they want all the information about who, where, why, which,
all the doctors I've seen, and all that kind of thing,
and got very specific. But on believe they looked at
any medical records.
Speaker 6 (11:29):
I would know that, well, you'd have to sign the
documents to let them get the medical records. But you know,
they're obviously not wanting to go through that exercise to
try and find out if something happens. So they're relating
the diaphragm paralysis to the coronary bypass surgery. They're relating
it and saying that's one of the risks you take, whether
(11:51):
or not that's identified in the records, and whether or
not the records indicate that there was a negligent or
an inadvertent problem or cutting of the nerve, versus whether
or not it was something that happened out in negligence
or just happened as part of the surgery.
Speaker 4 (12:09):
Sometimes the records are going to tell you that, well,
here's what I want to do for you. There's about
ten other things where we can tell you. Probably don't
have time I want. I'll talk to you off the air.
Speaker 5 (12:17):
I'm gonna take you from beginning to in all the
hurdles I'm gonna explain to you so you understand and
you're comfortable in your own skin on this question. Because
because you've got lots of questions and we got more.
Speaker 4 (12:28):
To tell you, we just can't cover it all there.
I'll do it for free.
Speaker 1 (12:31):
Give them a call at the office three oh three
seven nine five fifty nine hundred and they will give
you the rest of the information.
Speaker 2 (12:38):
That sucks. I mean, there's just no other way to
put it.
Speaker 4 (12:40):
It just sucks.
Speaker 2 (12:42):
I hope that you get.
Speaker 1 (12:43):
Some kind of at least understanding and peace from a
further conversation with it, but I appreciate.
Speaker 2 (12:48):
You making the call today.
Speaker 7 (12:50):
Thanks Mandy, no problem.
Speaker 2 (12:51):
Thank you.
Speaker 8 (12:52):
Ron.
Speaker 1 (12:53):
You were on with Gary and Brad for ask the Attorneys,
which got.
Speaker 8 (12:57):
I'd got a situation. I had a couple that were
my roommates in my home and I haven't heard from
them in over a year. I haven't received any money
from them in about a year, and I want to
(13:20):
know what I can do to get rid of their stuff.
Speaker 2 (13:23):
Oh so they're just gone and their stuff is still
in your house?
Speaker 4 (13:27):
Yeah?
Speaker 5 (13:27):
Oh jeez, Okay, and you're not worried. You're not worried
about mortgage payments or money from them. You just want
to be rid of them, right. Is that you got
that right?
Speaker 9 (13:39):
Yeah?
Speaker 5 (13:39):
I mean sometimes the people co sign on the lease,
then they disappear, and then the roommates stuck with the lease.
Speaker 8 (13:45):
I thought there was absolutely no paperwork. It was a
friendship thing that went sour. And he's an over the
road truck driver. And I don't even know how to
get in touch with them at this point because the
last known address I have for them is mine.
Speaker 6 (14:08):
Ah, so you have That's one of the first things
I was going to ask you.
Speaker 4 (14:13):
Do you have any way to send contact to them.
Speaker 6 (14:16):
But uh, even if you think it might fail, if
you have emails, if you have addresses, if you know
the company that the person worked for and the truck
driving company, and you can get some information statement out
to them that this is a matter that you're going
to eventually.
Speaker 4 (14:34):
It sounds to me like en out disposing of the stuff.
Speaker 6 (14:37):
And one of the things you're going to you need
to do right now is go take photos of everything
that's there.
Speaker 4 (14:43):
You need a good inventory.
Speaker 6 (14:44):
As a matter of fact, I would take photos of it,
and I would have somebody else with you to take
the inventory. So you're listing everything that's there, it having
been there that long, the value of it, it just keeps
going down and down and down. So you can figure
that when you're dealing with the value of your potential liability,
you need to identify what the value of these items are.
(15:06):
By having good photos, the judge can look at and
say these aren't worth much. Then you're going to want
to go to every source and avenue of how you
could make contact with these people. If you have email addresses,
if you have phone numbers, if you know where they work,
if you know if you send it to them through
their work, their last known place of employment, any relatives
(15:31):
they have. I'd be telling you to put together at
least ten different letters or ten letters to different people
saying you know, I've got your stuff. I'm going to
be getting rid of it. I'm going to get rid
of it. And give them six months if you need to.
I know that's an inconvenience for you to have that
stuff that much longer.
Speaker 4 (15:50):
But give them plenty of notice.
Speaker 6 (15:52):
Give it to every source you can, and if you
know some of their old other friends, if you know
some of their relative is, whoever you can, until they've
gotten till such and such time to get stuff or
else you're going to start disposing of it.
Speaker 5 (16:07):
You got to listen to about real carefully. You must
take an inventory, and you must have photographs, because your
rule of thumb in this whole situation is whatever you
do be reasonable, be reasonable, and the notices you give
be reasonable. In the amount of time you give them
to move and to act on it, be reasonable and listen.
The pure law on abandonment of property is there has
(16:30):
to be a physical act of abandonment. I mean I
just leave and I physically abandon the property plus an
intent to abandon, And so how do you measure intent?
The longer it goes, the more my intent is. I'm
not coming back. But you want an inventory in pictures?
Speaker 3 (16:46):
Why?
Speaker 5 (16:47):
Because what if I'm one of your roommates and I
show up and I said, what do you do with
my diamond watch?
Speaker 2 (16:52):
Yeah?
Speaker 4 (16:54):
Wait a minute, I had a small, dull collection. What
did you do with that?
Speaker 5 (16:57):
So you got it? You can prevail and it doesn't.
You can even put a notice in the newspaper, and
if you do, pick the cheapest newspapers paper nickel or
something like that, put to notice there.
Speaker 4 (17:10):
Okay, all right.
Speaker 1 (17:12):
And this is all just a cya in case they
come back for their stuff later, which they may or
may not do.
Speaker 2 (17:18):
But this is all just to cover his behind.
Speaker 1 (17:19):
It is so he doesn't have to worry about them
suing him later and lying about what he threw away.
Speaker 4 (17:24):
Exactly all right.
Speaker 8 (17:27):
To do, isya?
Speaker 4 (17:29):
Yeah?
Speaker 2 (17:29):
There you get one.
Speaker 1 (17:30):
You've been given your cya marching orders, get cracking, get
your inventory going. I appreciate the call man. We've got
a couple of really good questions lined up. Ted has
a colonoscopy issue with his wife. I don't think he
has the issue. I think his wife has the issue,
and Colby has an AI question. I don't know if
you guys, you guys are doing any AI litigation.
Speaker 4 (17:48):
Well, we're going them all around it, so let's see
what we can do with it.
Speaker 1 (17:51):
I gotta tell you this, as a person on the
radio and I am a public person, I would love
to be able to copyright and trademark my voice and
my likeness. But I don't think you can do that yet,
And with as much content as out there with my
voice on it, people could. I mean, I don't know
why they'd want to. I live a pretty boring life.
I don't know what'd be going there, but I think
(18:12):
that's going to be an area of litigation that somebody's
going to have to pay attention too soon. We're going
to take a quick time out where Gary and Brad
will be right back with your phone calls if you
want to jump on board with your question. Three oh
three seven one, three eighty five eighty five. We will
be back after this. I have Ted, who has been
patiently waiting. Ted, tell me about your wife's colonoscopy problems.
Speaker 3 (18:32):
Okay, last September, my wife had a routine colonoscopy and
it was all good. They said, you're cleaning. You'll never
have to have another one. About a month later, she
went I took her to the hospital because she was delirious.
Actually in the ambulance. Turned out a diverticula had leaked
(18:53):
poop into her pelvis area. She had a absessed three
and a half by two and a half by two
and a half inches, which blocked off the blood flow
to her leg so she had a blood cloud from
her hip to her toes. She was three weeks in
the hospital, three weeks in a rehab and then she
(19:13):
came home and she'd been recovering ever since. She's doing
pretty well, mostly well. But we went through hell there
and we're just wondering should we soe.
Speaker 5 (19:24):
Well, that's what we call a causation question, and you
should definitely talk to some attorneys.
Speaker 4 (19:29):
But back again to the point we made earlier.
Speaker 5 (19:32):
Yeah, but ask yourself this question, what happened that caused
caused the first event, and you know it was it
within the risks of the or the normal procedure.
Speaker 4 (19:45):
That's the question you ask yourself.
Speaker 6 (19:47):
I would either get the medical records yourself for getting
a training to get the medical records and have them reviewed.
Speaker 4 (19:54):
Right, the result is terrible. You shouldn't have happened. It's
not normal.
Speaker 6 (20:01):
I would be getting everything I can for the medical
records and uh and uh, you know, as soon as
you can get them, if you, if you have a
portal with the insurance company or whatever, pick up those records,
get them to an attorney to practice in the in
in medical malpractice and and have that attorney look at
it and give it a good understanding.
Speaker 4 (20:21):
If you if you need to start, give us a call.
Speaker 10 (20:25):
Uh.
Speaker 6 (20:25):
We're happy to get you in the right direction and
gets you down the road to see if there's some
kind of negligent act that's caused the problem.
Speaker 2 (20:33):
All right, Ted, you got your Marchian orders.
Speaker 9 (20:36):
Okay, all right, thank you.
Speaker 2 (20:38):
Let me go to Colby.
Speaker 1 (20:40):
Colby you were on with Gary and Brad from Bell
and Pollock. What's on your mind?
Speaker 9 (20:44):
Hey, thanks for for for the call. I tuned in
just I heard the gentleman before the last gentleman in
the artery nick uh scenario. And I'm I'm I have
no ailments that would that I know of. I'm an
(21:05):
AI engineer, entrepreneur, and I do a lot in the
area of machine learning and computer vision and and on on,
and so my question is, what do you, gentlemen see?
Are there any I mean, there's AI everywhere, but I
(21:25):
see a real using that gentleman's scenario as an example,
a real solution for that could help you guys. That
takes all the documents, the records pre surgery and post
surgery and diagnosis and sums it up. And I just
(21:50):
don't know if there's anyone, uh, any independent firms have
approached you guys, or if you see anything that's kind
of along those.
Speaker 1 (22:00):
So let me just clarify this because medical AI is
fascinating to me because now we're getting medical AI that
is better at diagnosing than an actual doctor. Right, well,
it would stand to reason and correct me if I'm
wrong here.
Speaker 2 (22:12):
Colby.
Speaker 1 (22:13):
You're asking why not create a medical AI specifically to
be able to analyze records before, during, and after an event,
a surgical event, a medical event, and using that AI
as a foundation to decide.
Speaker 2 (22:26):
Whether or not you have a case.
Speaker 5 (22:28):
Absolutely, I think it's within the realm of everything we
see coming. And I tell you an extra benefit would
be AI would analyze it, come to a conclusion or
a or a choice of conclusion one, two or three.
But I can see AI automatically inserting. Here's four articles
from the New England Journal and Medicine on point. Here's
(22:50):
one from m I T on point. Here's one over
here on point.
Speaker 9 (22:54):
It would be cited with sources. Yeah, diagree exactly, x Ray,
I mean every single thing. I mean more so then
you could have even imagined even five years ago.
Speaker 2 (23:07):
Well Colby, it.
Speaker 1 (23:07):
Sounds like you have a new projecting up.
Speaker 9 (23:15):
But I'm I'm I'm fascinated with the area of law,
specifically in AI, and and I think that's something like this. Sure,
when I hang up off Search and sy who's out there?
But everybody's so busy because everything is literally up.
Speaker 8 (23:31):
For grat.
Speaker 6 (23:34):
When you find out who's out there.
Speaker 9 (23:39):
I will, in fact, here's what I'll do if it's
something that I move into even prototype development, which really
is I don't need a team, uh, I do it myself.
I'll contact you guys for a little prototype found it
off all right.
Speaker 4 (24:00):
To do it?
Speaker 1 (24:00):
Look at us blazing a trail, Golbie. I appreciate the
phone call, blazing I did. I want to ask you
real quick and then we're gonna take a quick break
and then we're gonna take Mora's call, and Amaura hanging there,
I really want to hear this story. Did you see
that the attorneys for Mike Lindell were dinged by the
judge for submitting a brief that was written by chat gpches.
What now, this is the difference between having a tool
(24:23):
like the one we just talked about and being an
idiot and basically having someone else write your work.
Speaker 2 (24:29):
And not even checking it.
Speaker 4 (24:31):
That's the thing.
Speaker 2 (24:32):
How do you turn it in.
Speaker 1 (24:33):
Without checking it to make sure it's good?
Speaker 10 (24:38):
I mean, I'm not.
Speaker 4 (24:38):
Sure you know there isn't.
Speaker 1 (24:42):
Okay, I'm gonna bring more on now, Mara, let's start
your story. We may have to take a break and
then come back and wrap it up.
Speaker 2 (24:48):
But what's going on with you?
Speaker 10 (24:51):
I was a victim of a harassment, but the person
was clearly in a mental health crisis. But the person,
as to you under calls for help and the person
was arrested. But I, as a victim, would like to
drop the charges if I am able to do that.
Speaker 1 (25:11):
Now, do you have a relationship with the victim or
is it just a random person?
Speaker 9 (25:15):
No?
Speaker 10 (25:15):
I do have a relationship.
Speaker 1 (25:17):
Okay, I don't know anything about that, so do you guys.
I know you guys don't do criminal law in any way,
shape or form.
Speaker 10 (25:23):
But what are the Basically a bystander had called, right
and if I was able to make the call, I
would have actually requested a crisis team, but a crisis
team did not come right.
Speaker 6 (25:36):
Well without without getting into too much personal and Mandy,
tell me when we got to take a break. But uh,
I'm going to tell you it's going to depend a
lot on your relationship with that person.
Speaker 4 (25:46):
Uh.
Speaker 6 (25:46):
It's we're long past the days that a spouse could
be abused by another spouse and they can just drop
the charges and district attorney won't do anything about it.
Speaker 9 (25:55):
Uh.
Speaker 6 (25:55):
They look at the relationship you have with a person,
and whether that relationship is one of some type of
capacity where you're so tied into the person, such as
a spouse, maybe, such as a parent, maybe, such as
a child that you know or live in, somebody you're
living with, somebody you've developed a relationship with. They don't
(26:18):
let you just write those off the books anymore. No,
the district Attorney's not going to do it. The district
Attorney's going to require some kind of charge or some
kind of result.
Speaker 4 (26:28):
They're usually going to want something on the.
Speaker 6 (26:30):
Record that they're not going to defer it and let
it be wiped off the record. It's going to be
on the record forever so that it can be found
by other attorneys or the other legal authorities to be
able to make sure that if it happens a second time,
they know it's happened a second time. And normally it
comes with some mental health counseling to the person who
(26:52):
perpetrated the crime or perpetrated the wrongdoing, and so, but
it's going to a lot depend on your relationship with
the person to determine whether or not you could just
say I don't want to do it now. They'll even
force you to come to court and testify you.
Speaker 10 (27:09):
Let me know, one next question, what if it got
to that point, Well, they're.
Speaker 5 (27:15):
Going to issue a subpoena and you're going to have
to comply with the subpoena period period. But once they
get their hands on it, once they get involved, once
they're present on the scene, prosecutors, I mean, God bless them,
they do a great job, but they're not giving up.
And I got a couple of tips for you on this,
And we don't have time right now, but I got
a couple of tips for you that I think will
(27:35):
open your eyes a little bit. How to approach this.
Speaker 1 (27:38):
If you want to give them a call at their
office mora three three seven nine fifty nine hundred. Of course,
not right now because they're here. But if you call
and leave a message, he'll give you a call back.
Speaker 10 (27:48):
Okay, thank you so much.
Speaker 2 (27:49):
That's of luck, Laura. That's a tough situation.
Speaker 1 (27:52):
If you have a family member with a mental health issue,
it is a struggle to just navigate that on many
different levels.
Speaker 2 (28:01):
Let's do this.
Speaker 1 (28:02):
Let's take a quick time out. But while we're we're
while we're time outing, think this over. Someone sent this
text here a while back. I got contaminated gasoline from
a major corporation not based in Colorado. The total repair
bill was twenty five hundred dollars. I know I need
to file in small claims court. The problem is the
Colorado Secretary of State website sucks. To try and find
the agent in Colorado. Is there another way to find agency.
(28:25):
We'll have an answer for that when we get back.
Speaker 2 (28:28):
Keep it right here.
Speaker 1 (28:28):
We're with Bell and Pollock on ask the attorney. I've
often thought about this when I'm in a road situation
where I might kill someone on purpose, and then I
think to myself, Mandy, please ask your guests. If something
happens which requires a criminal attorney, how do you find
a reputable one?
Speaker 2 (28:47):
I mean, how do you how do you even go
about that?
Speaker 9 (28:50):
Well?
Speaker 5 (28:50):
I mean there are some that have good reputations. But
the our key when we're asked for a criminal attorney
reference as we use former prosecutors. Know we know I
Toup love them and they were prosecutors for a long time.
Then they became defense attorneys, and that's the ones that
we go to.
Speaker 1 (29:08):
They are the ones who understand both sides. And again
I would definitely want them absolutely on my side.
Speaker 6 (29:13):
And I've got a relative who's a judge in Aurora,
and so you know, sometimes I call him up. I
don't tell him about the case, especially when it's not
in Aurora, but I'll ask him for who's been good
in front of you in the courtroom. You know, you
got to ask around. You got to understand where you
got the connections and who you.
Speaker 2 (29:29):
Have and yeh and most of us don't have that.
Speaker 4 (29:31):
Yeah, well I would call you.
Speaker 2 (29:34):
Guys, f yhi, So be ready if you.
Speaker 1 (29:36):
Get a call for me, you know, if I need
some help. Let's answer the question that we asked before
the break and this was from a guy who got
contaminated gasoline from a major corporation not based in Colorado.
The total repair bill twenty five hundred bucks. He says,
I know I need to file in small claim score.
The problem is the Colorado Secretary of State website sucks.
To try and find the agent in Colorado. I don't
(29:59):
even know what that means. So is there another way
to find agency?
Speaker 4 (30:02):
Yeah?
Speaker 5 (30:03):
So in small claims courts you don't really need to
find the agent so much. You just you serve the
person and it's easy. You don't have to hire a
process server. You can send him by the clerk and
sent it by certified mail. Small claims court is designed
to help you the individual, so it's not a you
don't have to have a sheriff. You can, but you
don't have to have a private process server. You can
(30:24):
if you want to make a point, if you want
to make it, emphasize something, but you can. You can
do it by mail and you can send it to them.
Speaker 1 (30:30):
And certified mail, so then I signed for it. Absolutely,
So okay, so there you go. Problem solved.
Speaker 2 (30:36):
That was an easy one.
Speaker 1 (30:37):
Here's why we've had about two minutes left, so we'll
see how this goes. Mandy, About a month ago, my
sister got hurt at work. She works for a very
popular food chain in Colorado. What happened was she walked
into the back prep room, noticed that the hatch to
the roof was open. As she was not doing her
work back there in the prep room, some man fell
through the hole, falling about ten feet landing on top
(31:00):
of her. She ended up breaking several ribs and a
lot of bruising and a lot of problems. My question is,
because I know it's workman's comp but could she go
after the contractor who fell on her, who I believe
worked for a different company other than the restaurant.
Speaker 4 (31:14):
Yes. Absolutely, I mean there's very.
Speaker 1 (31:18):
Little denial of dude fell on me, she broke his fall.
Speaker 5 (31:22):
I know she can find the worker's comps. She can
go through that, and she can. That's called a third party.
And yes, you can go after the third party at
the same time that you do the work compt.
Speaker 1 (31:31):
Now will workman's comp come after any damages that she wins.
Speaker 4 (31:34):
Part of them. That's a great question.
Speaker 5 (31:36):
By the way, it's a complicated area a lot, but
part of them, and the leading case is called the
shoulders case. But anyway, part of them they can get back.
But you don't say, well, that's a detern. I don't
want to do this, I can't do this.
Speaker 4 (31:47):
You do it.
Speaker 6 (31:47):
The work comp is limited, chances are you'll get more
by adding.
Speaker 4 (31:51):
On after the third party.
Speaker 2 (31:53):
To everybody, that's what you need to do.
Speaker 1 (31:55):
So finally we got a clear cut answer of yes,
you have a case.
Speaker 3 (31:59):
There you go.
Speaker 2 (32:00):
Gary and Brad can be found every day.
Speaker 1 (32:02):
Working their little took uses to the bone at Bell
and Pollock three O three seven nine five fifty nine hundred.
You can also hear them here Saturday morning at ten
as I do when I'm driving around, and I always
learn something that I should not that I should already know,
which is why I upped my uninsured motors coverage.
Speaker 2 (32:19):
After one of your shows.
Speaker 1 (32:20):
One day, I was like, wait a minute, let me
find out about that.
Speaker 2 (32:23):
Guys.
Speaker 1 (32:23):
I love this stuff, not all my listeners love it.
I got a text message from a guy who doesn't
love it. But I was like, I love it and
it's my show. So here we go.
Speaker 2 (32:31):
I will see you guys.
Speaker 1 (32:32):
So you have a great vacation, sir. I get into
one of my favorite places and we
Speaker 4 (32:37):
Will get it
Gary and Brad from Bell and Pollock in the studio
right now. I've already got a couple of questions, and
I got a guy who's calling back. So get on
board now because you can call three oh three seven
to one, three eighty five eighty five and speak directly
with Gary and Brad. And I would prefer that because
when you text a question it gets really difficult to
sort of parse out the reality of it. You don't
(00:21):
give enough details. They need more information. So I need
you to pick up the phone and call today three
oh three seven one three eighty five eighty five. Before that,
I want to give a something I normally don't do,
but this seems like a big deal.
Speaker 2 (00:33):
Mandy. Just a shout out.
Speaker 1 (00:34):
For Sergeant Robert Cruz, who was awarded the Soldier's Medal
today a Colorado Native station at Buckley. Proud to know him.
He exemplifies service and courage. Thanks no, thank you, Sergeant
Robert Cruz. Guys, welcome into the studio. Good to see
you again, Nice to see you, Nice.
Speaker 3 (00:51):
To see you.
Speaker 4 (00:51):
Thanks for having us once and again. Rod Ready to
go legal rock and roll. There we go.
Speaker 1 (00:56):
I have a question that may not have any real answer. Here,
but it has to do with road rage. We were
on the way home from the airport and two guys
on motorcycles stopped on a major road, stopped in front
of us, and then proceeded to get off their motorcycles
to try it. I don't know what my husband he
(01:17):
used an expletive and said, oh no, and then drove
between the motorcycles and did some damage to one of
the guy's bikes. Then we drove to the police station.
Police came out filed a report. They said, well, we
can't make a you know, this is a no fault.
Speaker 2 (01:29):
Accident or whatever.
Speaker 1 (01:31):
But in a road rage situation, what kind of stuff
do you guys deal with that? Are you seeing people
who have been harmed in a road rage situation and
what does that look like?
Speaker 5 (01:40):
Yeah, I mean we have our first advice to everybody, friends,
families is avoid them. But you can't always avoid them
because here you are in the middle of it. So,
I mean, it's just like any action that there's liability
for that kind of driving, that kind of behavior, that
kind of conduct on behalf of the motorcycle riders and
so they have to pay the content question if they
(02:01):
cause injury, there's a big problem. What if you de
throne your bakes and some other car hits you, and
then you hit the other car.
Speaker 2 (02:07):
A lot could have gone wrong.
Speaker 1 (02:08):
That didn't go wrong, A lot could have gone terribly wrong.
It was the most absurd situation I've ever been involved
in my life and shocking.
Speaker 2 (02:15):
It's shocking.
Speaker 6 (02:16):
It changes from changes from negligence to an intentional torque, assault, battery,
reckless conduct, intentional conduct. So it can heighten the the
amount of claims you have against the people who have
caused road rage. If you're doing things like you were
talking about, you probably have a pass because you've you
(02:39):
were acting in self defense from what was happening, So
you're acting in self defense. What they caused, the injuries
they cause can heighten the degree of culpability they have.
Now you know there's a question that you have. Then
are you losing insurance coverage because there I'm sure they're
insurance coverage that they have to be right in their bikes.
(03:01):
Is is not going to cover them acting in road
rage style? Uh, they're going to insurance companies going to
say we're not covering that it was an intentional torque
and we're going to come back and say no, you have.
Speaker 4 (03:11):
To cover it.
Speaker 6 (03:12):
And that's one of the reasons you have coverage is
even if somebody loses their.
Speaker 4 (03:15):
Cool on the road, because people lose their cool on
the road.
Speaker 1 (03:19):
The most upsetting part about this is we literally drove
to the police station. One of the guys on the
motorcycles following us the entire time, but we drove to
the police station and was like, we're outside, can somebody
come out and file a report?
Speaker 2 (03:30):
Doesn't occur to me, they now have our home address.
Speaker 4 (03:33):
Yeah.
Speaker 1 (03:33):
Yeah, that seems like something that should be mitigated in
certain situations, but yet it is not.
Speaker 5 (03:39):
Well, think about it, Yeah, and think about this your situation, Manny.
So you have the motorcycles as road rage, and we
say this on our show all the time. We'll say,
right here, what if and I didn't wish it on anybody,
what if you somebody was injured? Yeah, what if somebody
hit you then and you hit another car and the
motorcycle driver usually doesn't have much, if any insurance, Right,
(04:01):
So then you fall back on your own you am you,
I am on your own car policy, which we have.
Speaker 1 (04:08):
Yeah, because I listened to Gary and Bratt, possible that's
the perfect you do.
Speaker 4 (04:13):
You know, you can hear it right now.
Speaker 5 (04:14):
This motorcycle driver caused this, They did this, They did
that well, they don't have any insurance, and so that's what.
Speaker 4 (04:19):
You do well, which you did was perfect. Yeah, I
mean my.
Speaker 1 (04:22):
Husband handled it. I mean he's you know, as he said,
he said he was. He was very taken aback. He
had no idea. Just the whole thing happened very quickly.
It happened out of nowhere. It was like, what is
going on? And uh, you know, we.
Speaker 2 (04:36):
Did what we had to do.
Speaker 1 (04:37):
But I was like, what if because we stopped in
the middle of a major roadway, what if.
Speaker 2 (04:41):
We'd gotten rear ended, we would have run.
Speaker 1 (04:43):
Over both of them. Yeah, that's the thing that got me.
I was like, what are you doing? You're putting yourself
in danger?
Speaker 5 (04:49):
His vetan, he's a veteran. His military training kicked in.
Here we go, Well, you do not.
Speaker 1 (04:53):
Want to try and block a guy on the roadways
who was almost killed in an ambush and a humvey.
That's the guy to choose to do that too, he
responded thusly. So and you know, didn't hurt anybody, but
it was not a good scene. Okay, I got a
bunch of people lined up. Let's get to these questions. Mike,
you're on McGarry and Brad from Bell and Pollock. What's
your question.
Speaker 7 (05:14):
Hey, I had ordinary bypass surgery last August and afterwards
I really struggled breathing and for a couple of months
couldn't figure out what it was. But anyway, come to
find out, my left diaphragm was left paralyzed from the surgery,
and consequently they my left long man is half collapsed
(05:37):
and I've had some procedures done to try and correct it,
but it's turns out its permanent condition. At this point,
it's quite debilitating. I've talked to a handful of law
offices and no one's no one's willing to take the case.
(05:58):
They and they don't really tell me why. And consequently,
all the doctors I've seen are quite surprised that this happened.
Speaker 2 (06:08):
So this is not a commoner injury.
Speaker 4 (06:11):
No.
Speaker 5 (06:11):
First of all, I'm so sorry that you're going through this,
but we'll tell you why.
Speaker 4 (06:15):
No, no law you'll take it. We'll tell you right now.
Speaker 5 (06:19):
What they're looking for is a case where the doctors
can't come in the expert and the doctor's defending the
doctor that did this. Where they can't come in and
say that's a natural risk that you assumed a risk,
it was disclosed to you, then can send form that's
a natural risk. I mean, it's unfortunate, sir, and it's
an unfortunate happening. We're sorry, Okay, we're sorry, but it's
(06:41):
a it's a risk that you inherited. We did nothing
wrong to cause it, and there's nothing we could have
done to stop it.
Speaker 4 (06:48):
And that's why they won't take the case. Right there?
Speaker 1 (06:52):
Is that I mean, is that clearly outlineders it in
that general bad things could happen to you that you
signed off in French. And if that's the case, then
can you ever get made whole if you have a
situation where you have an unusual injury from surgery. I mean,
it sounds like medical malpractice is just hard.
Speaker 6 (07:09):
Well, that's one of the questions I have for the
caller is where you advise that this was a complication
or a potential complication of your coronary artery bypassed. Did
anybody come and say, hey, you can suffer these problems
and was any of that put in writing such that
you understood some of the risks that you were going through.
(07:29):
Because I agree with Gary, nobody wants to handle these
type of cases. They're very expensive. The costs are tremendous
because you have to get experts in the field who
will testify against their own doctors, their own brethren. And
at the same time, if there's any hint that you
or advised that this was a potential complication, then they say, well,
(07:51):
we're off the hook because now we advise you what
was happening.
Speaker 5 (07:54):
The other thing is, the other thing is you have
to look at what facts you'd have to prove that
they did something wrong, because if they did nothing wrong
and it just happened, then you're into that great category.
But let me give you one more example, Nanda, you
just brought it up. We know, what can you ever do.
Let's say I'm a doctor. Let's I'm gonna give you
stomach surgery today, and I give you all the risks
(08:14):
and then I cut your spinal cord. Right, I mean, no,
that's a case. Right, there you go, that's not a risk.
You did it, and there you go.
Speaker 7 (08:24):
So well, in this case, certainly they didn't. That was
not something they talked to me. About They said that
they were going to do it on pump, meeting on
a hardby pass, and they ended up not doing it
on pump. And I understand this is, like I say,
a very rare situation. They have to cause trauma to
(08:44):
that nerve to injure it. They can't, you know what
I mean, just going in there doesn't injure it. Something
has to happen to that nerd that they know is there, right, And.
Speaker 6 (08:58):
If you can hook up that they appropriately they're improperly
uh hit that nerve or contacted that nerve to cause
the diaphragm paralysis. Uh, then you've got something going for
you because that's not supposed to happen. But uh, you're
going to get a lot of doctors who are going
(09:18):
to say that's part of the risk. That's what happens
in these things. And we're dealing in such tight quarters
when we're trying to do a surgery like this, we're
facing situations.
Speaker 4 (09:28):
That can happen to you.
Speaker 6 (09:30):
Again again, you know, I think probably the main problem
I hear so far. It takes a lot examining it
a lot more, but the main problem I hear so
far is that nobody told you this could happen.
Speaker 1 (09:44):
Uh, you know, well, it sounds to me like they
prepared him for one kind of surgery and then ended
up doing a different kind of surgery. What kind of
what kind of wiggle room do you have there? If any?
Speaker 5 (09:56):
Okay, okay, that's a great question, because when you go
from what they default to, is you agreed that I
and look at you to consent form here, you agreed
that I would do this procedure and I could do
any related procedure that I and my professional medical judgment
being necessary at the time. And I don't need to
wake everybody up, and I don't need to call a
time out, and I just go for it.
Speaker 4 (10:17):
That's what you that's what you face. I mean.
Speaker 5 (10:20):
But you know, let's talk about disclosure one quick, one
quick moment. You say this wasn't disclosed to you. Probably true,
and they didn't bring it to your attention, probably strong
enough or even at all. But in some cases there's
our doctor's disclare disclose. Hey, I may injure your nerve.
And if I injure your nerve, you may have with
these problems. Here's how they they do it. By the way,
(10:41):
there's a nerve there and they're done, and they call
that a full disclosure by you know, by the way
that you have herder surgery. No, there's a major nerve
there and hernie surgery. By the way, there's a nerve.
Let's move on.
Speaker 6 (10:55):
When you've met with these attorneys, have they had you
bring your medical records in, if they had anybody look
at them for you? Have they talked about an expert
to look at them, or having anybody review what the
doctor did and what's in the records?
Speaker 3 (11:09):
Well, not really.
Speaker 7 (11:11):
There were a couple of them wanted to get really
in depth about what happened, and in the end they
you know, they want all the information about who, where, why, which,
all the doctors I've seen, and all that kind of thing,
and got very specific. But on believe they looked at
any medical records.
Speaker 6 (11:29):
I would know that, well, you'd have to sign the
documents to let them get the medical records. But you know,
they're obviously not wanting to go through that exercise to
try and find out if something happens. So they're relating
the diaphragm paralysis to the coronary bypass surgery. They're relating
it and saying that's one of the risks you take, whether
(11:51):
or not that's identified in the records, and whether or
not the records indicate that there was a negligent or
an inadvertent problem or cutting of the nerve, versus whether
or not it was something that happened out in negligence
or just happened as part of the surgery.
Speaker 4 (12:09):
Sometimes the records are going to tell you that, well,
here's what I want to do for you. There's about
ten other things where we can tell you. Probably don't
have time I want. I'll talk to you off the air.
Speaker 5 (12:17):
I'm gonna take you from beginning to in all the
hurdles I'm gonna explain to you so you understand and
you're comfortable in your own skin on this question. Because
because you've got lots of questions and we got more.
Speaker 4 (12:28):
To tell you, we just can't cover it all there.
I'll do it for free.
Speaker 1 (12:31):
Give them a call at the office three oh three
seven nine five fifty nine hundred and they will give
you the rest of the information.
Speaker 2 (12:38):
That sucks. I mean, there's just no other way to
put it.
Speaker 4 (12:40):
It just sucks.
Speaker 2 (12:42):
I hope that you get.
Speaker 1 (12:43):
Some kind of at least understanding and peace from a
further conversation with it, but I appreciate.
Speaker 2 (12:48):
You making the call today.
Speaker 7 (12:50):
Thanks Mandy, no problem.
Speaker 2 (12:51):
Thank you.
Speaker 8 (12:52):
Ron.
Speaker 1 (12:53):
You were on with Gary and Brad for ask the Attorneys,
which got.
Speaker 8 (12:57):
I'd got a situation. I had a couple that were
my roommates in my home and I haven't heard from
them in over a year. I haven't received any money
from them in about a year, and I want to
(13:20):
know what I can do to get rid of their stuff.
Speaker 2 (13:23):
Oh so they're just gone and their stuff is still
in your house?
Speaker 4 (13:27):
Yeah?
Speaker 5 (13:27):
Oh jeez, Okay, and you're not worried. You're not worried
about mortgage payments or money from them. You just want
to be rid of them, right. Is that you got
that right?
Speaker 9 (13:39):
Yeah?
Speaker 5 (13:39):
I mean sometimes the people co sign on the lease,
then they disappear, and then the roommates stuck with the lease.
Speaker 8 (13:45):
I thought there was absolutely no paperwork. It was a
friendship thing that went sour. And he's an over the
road truck driver. And I don't even know how to
get in touch with them at this point because the
last known address I have for them is mine.
Speaker 6 (14:08):
Ah, so you have That's one of the first things
I was going to ask you.
Speaker 4 (14:13):
Do you have any way to send contact to them.
Speaker 6 (14:16):
But uh, even if you think it might fail, if
you have emails, if you have addresses, if you know
the company that the person worked for and the truck
driving company, and you can get some information statement out
to them that this is a matter that you're going
to eventually.
Speaker 4 (14:34):
It sounds to me like en out disposing of the stuff.
Speaker 6 (14:37):
And one of the things you're going to you need
to do right now is go take photos of everything
that's there.
Speaker 4 (14:43):
You need a good inventory.
Speaker 6 (14:44):
As a matter of fact, I would take photos of it,
and I would have somebody else with you to take
the inventory. So you're listing everything that's there, it having
been there that long, the value of it, it just keeps
going down and down and down. So you can figure
that when you're dealing with the value of your potential liability,
you need to identify what the value of these items are.
(15:06):
By having good photos, the judge can look at and
say these aren't worth much. Then you're going to want
to go to every source and avenue of how you
could make contact with these people. If you have email addresses,
if you have phone numbers, if you know where they work,
if you know if you send it to them through
their work, their last known place of employment, any relatives
(15:31):
they have. I'd be telling you to put together at
least ten different letters or ten letters to different people
saying you know, I've got your stuff. I'm going to
be getting rid of it. I'm going to get rid
of it. And give them six months if you need to.
I know that's an inconvenience for you to have that
stuff that much longer.
Speaker 4 (15:50):
But give them plenty of notice.
Speaker 6 (15:52):
Give it to every source you can, and if you
know some of their old other friends, if you know
some of their relative is, whoever you can, until they've
gotten till such and such time to get stuff or
else you're going to start disposing of it.
Speaker 5 (16:07):
You got to listen to about real carefully. You must
take an inventory, and you must have photographs, because your
rule of thumb in this whole situation is whatever you
do be reasonable, be reasonable, and the notices you give
be reasonable. In the amount of time you give them
to move and to act on it, be reasonable and listen.
The pure law on abandonment of property is there has
(16:30):
to be a physical act of abandonment. I mean I
just leave and I physically abandon the property plus an
intent to abandon, And so how do you measure intent?
The longer it goes, the more my intent is. I'm
not coming back. But you want an inventory in pictures?
Speaker 3 (16:46):
Why?
Speaker 5 (16:47):
Because what if I'm one of your roommates and I
show up and I said, what do you do with
my diamond watch?
Speaker 2 (16:52):
Yeah?
Speaker 4 (16:54):
Wait a minute, I had a small, dull collection. What
did you do with that?
Speaker 5 (16:57):
So you got it? You can prevail and it doesn't.
You can even put a notice in the newspaper, and
if you do, pick the cheapest newspapers paper nickel or
something like that, put to notice there.
Speaker 4 (17:10):
Okay, all right.
Speaker 1 (17:12):
And this is all just a cya in case they
come back for their stuff later, which they may or
may not do.
Speaker 2 (17:18):
But this is all just to cover his behind.
Speaker 1 (17:19):
It is so he doesn't have to worry about them
suing him later and lying about what he threw away.
Speaker 4 (17:24):
Exactly all right.
Speaker 8 (17:27):
To do, isya?
Speaker 4 (17:29):
Yeah?
Speaker 2 (17:29):
There you get one.
Speaker 1 (17:30):
You've been given your cya marching orders, get cracking, get
your inventory going. I appreciate the call man. We've got
a couple of really good questions lined up. Ted has
a colonoscopy issue with his wife. I don't think he
has the issue. I think his wife has the issue,
and Colby has an AI question. I don't know if
you guys, you guys are doing any AI litigation.
Speaker 4 (17:48):
Well, we're going them all around it, so let's see
what we can do with it.
Speaker 1 (17:51):
I gotta tell you this, as a person on the
radio and I am a public person, I would love
to be able to copyright and trademark my voice and
my likeness. But I don't think you can do that yet,
And with as much content as out there with my
voice on it, people could. I mean, I don't know
why they'd want to. I live a pretty boring life.
I don't know what'd be going there, but I think
(18:12):
that's going to be an area of litigation that somebody's
going to have to pay attention too soon. We're going
to take a quick time out where Gary and Brad
will be right back with your phone calls if you
want to jump on board with your question. Three oh
three seven one, three eighty five eighty five. We will
be back after this. I have Ted, who has been
patiently waiting. Ted, tell me about your wife's colonoscopy problems.
Speaker 3 (18:32):
Okay, last September, my wife had a routine colonoscopy and
it was all good. They said, you're cleaning. You'll never
have to have another one. About a month later, she
went I took her to the hospital because she was delirious.
Actually in the ambulance. Turned out a diverticula had leaked
(18:53):
poop into her pelvis area. She had a absessed three
and a half by two and a half by two
and a half inches, which blocked off the blood flow
to her leg so she had a blood cloud from
her hip to her toes. She was three weeks in
the hospital, three weeks in a rehab and then she
(19:13):
came home and she'd been recovering ever since. She's doing
pretty well, mostly well. But we went through hell there
and we're just wondering should we soe.
Speaker 5 (19:24):
Well, that's what we call a causation question, and you
should definitely talk to some attorneys.
Speaker 4 (19:29):
But back again to the point we made earlier.
Speaker 5 (19:32):
Yeah, but ask yourself this question, what happened that caused
caused the first event, and you know it was it
within the risks of the or the normal procedure.
Speaker 4 (19:45):
That's the question you ask yourself.
Speaker 6 (19:47):
I would either get the medical records yourself for getting
a training to get the medical records and have them reviewed.
Speaker 4 (19:54):
Right, the result is terrible. You shouldn't have happened. It's
not normal.
Speaker 6 (20:01):
I would be getting everything I can for the medical
records and uh and uh, you know, as soon as
you can get them, if you, if you have a
portal with the insurance company or whatever, pick up those records,
get them to an attorney to practice in the in
in medical malpractice and and have that attorney look at
it and give it a good understanding.
Speaker 4 (20:21):
If you if you need to start, give us a call.
Speaker 10 (20:25):
Uh.
Speaker 6 (20:25):
We're happy to get you in the right direction and
gets you down the road to see if there's some
kind of negligent act that's caused the problem.
Speaker 2 (20:33):
All right, Ted, you got your Marchian orders.
Speaker 9 (20:36):
Okay, all right, thank you.
Speaker 2 (20:38):
Let me go to Colby.
Speaker 1 (20:40):
Colby you were on with Gary and Brad from Bell
and Pollock. What's on your mind?
Speaker 9 (20:44):
Hey, thanks for for for the call. I tuned in
just I heard the gentleman before the last gentleman in
the artery nick uh scenario. And I'm I'm I have
no ailments that would that I know of. I'm an
(21:05):
AI engineer, entrepreneur, and I do a lot in the
area of machine learning and computer vision and and on on,
and so my question is, what do you, gentlemen see?
Are there any I mean, there's AI everywhere, but I
(21:25):
see a real using that gentleman's scenario as an example,
a real solution for that could help you guys. That
takes all the documents, the records pre surgery and post
surgery and diagnosis and sums it up. And I just
(21:50):
don't know if there's anyone, uh, any independent firms have
approached you guys, or if you see anything that's kind
of along those.
Speaker 1 (22:00):
So let me just clarify this because medical AI is
fascinating to me because now we're getting medical AI that
is better at diagnosing than an actual doctor. Right, well,
it would stand to reason and correct me if I'm
wrong here.
Speaker 2 (22:12):
Colby.
Speaker 1 (22:13):
You're asking why not create a medical AI specifically to
be able to analyze records before, during, and after an event,
a surgical event, a medical event, and using that AI
as a foundation to decide.
Speaker 2 (22:26):
Whether or not you have a case.
Speaker 5 (22:28):
Absolutely, I think it's within the realm of everything we
see coming. And I tell you an extra benefit would
be AI would analyze it, come to a conclusion or
a or a choice of conclusion one, two or three.
But I can see AI automatically inserting. Here's four articles
from the New England Journal and Medicine on point. Here's
(22:50):
one from m I T on point. Here's one over
here on point.
Speaker 9 (22:54):
It would be cited with sources. Yeah, diagree exactly, x Ray,
I mean every single thing. I mean more so then
you could have even imagined even five years ago.
Speaker 2 (23:07):
Well Colby, it.
Speaker 1 (23:07):
Sounds like you have a new projecting up.
Speaker 9 (23:15):
But I'm I'm I'm fascinated with the area of law,
specifically in AI, and and I think that's something like this. Sure,
when I hang up off Search and sy who's out there?
But everybody's so busy because everything is literally up.
Speaker 8 (23:31):
For grat.
Speaker 6 (23:34):
When you find out who's out there.
Speaker 9 (23:39):
I will, in fact, here's what I'll do if it's
something that I move into even prototype development, which really
is I don't need a team, uh, I do it myself.
I'll contact you guys for a little prototype found it
off all right.
Speaker 4 (24:00):
To do it?
Speaker 1 (24:00):
Look at us blazing a trail, Golbie. I appreciate the
phone call, blazing I did. I want to ask you
real quick and then we're gonna take a quick break
and then we're gonna take Mora's call, and Amaura hanging there,
I really want to hear this story. Did you see
that the attorneys for Mike Lindell were dinged by the
judge for submitting a brief that was written by chat gpches.
What now, this is the difference between having a tool
(24:23):
like the one we just talked about and being an
idiot and basically having someone else write your work.
Speaker 2 (24:29):
And not even checking it.
Speaker 4 (24:31):
That's the thing.
Speaker 2 (24:32):
How do you turn it in.
Speaker 1 (24:33):
Without checking it to make sure it's good?
Speaker 10 (24:38):
I mean, I'm not.
Speaker 4 (24:38):
Sure you know there isn't.
Speaker 1 (24:42):
Okay, I'm gonna bring more on now, Mara, let's start
your story. We may have to take a break and
then come back and wrap it up.
Speaker 2 (24:48):
But what's going on with you?
Speaker 10 (24:51):
I was a victim of a harassment, but the person
was clearly in a mental health crisis. But the person,
as to you under calls for help and the person
was arrested. But I, as a victim, would like to
drop the charges if I am able to do that.
Speaker 1 (25:11):
Now, do you have a relationship with the victim or
is it just a random person?
Speaker 9 (25:15):
No?
Speaker 10 (25:15):
I do have a relationship.
Speaker 1 (25:17):
Okay, I don't know anything about that, so do you guys.
I know you guys don't do criminal law in any way,
shape or form.
Speaker 10 (25:23):
But what are the Basically a bystander had called, right
and if I was able to make the call, I
would have actually requested a crisis team, but a crisis
team did not come right.
Speaker 6 (25:36):
Well without without getting into too much personal and Mandy,
tell me when we got to take a break. But uh,
I'm going to tell you it's going to depend a
lot on your relationship with that person.
Speaker 4 (25:46):
Uh.
Speaker 6 (25:46):
It's we're long past the days that a spouse could
be abused by another spouse and they can just drop
the charges and district attorney won't do anything about it.
Speaker 9 (25:55):
Uh.
Speaker 6 (25:55):
They look at the relationship you have with a person,
and whether that relationship is one of some type of
capacity where you're so tied into the person, such as
a spouse, maybe, such as a parent, maybe, such as
a child that you know or live in, somebody you're
living with, somebody you've developed a relationship with. They don't
(26:18):
let you just write those off the books anymore. No,
the district Attorney's not going to do it. The district
Attorney's going to require some kind of charge or some
kind of result.
Speaker 4 (26:28):
They're usually going to want something on the.
Speaker 6 (26:30):
Record that they're not going to defer it and let
it be wiped off the record. It's going to be
on the record forever so that it can be found
by other attorneys or the other legal authorities to be
able to make sure that if it happens a second time,
they know it's happened a second time. And normally it
comes with some mental health counseling to the person who
(26:52):
perpetrated the crime or perpetrated the wrongdoing, and so, but
it's going to a lot depend on your relationship with
the person to determine whether or not you could just
say I don't want to do it now. They'll even
force you to come to court and testify you.
Speaker 10 (27:09):
Let me know, one next question, what if it got
to that point, Well, they're.
Speaker 5 (27:15):
Going to issue a subpoena and you're going to have
to comply with the subpoena period period. But once they
get their hands on it, once they get involved, once
they're present on the scene, prosecutors, I mean, God bless them,
they do a great job, but they're not giving up.
And I got a couple of tips for you on this,
And we don't have time right now, but I got
a couple of tips for you that I think will
(27:35):
open your eyes a little bit. How to approach this.
Speaker 1 (27:38):
If you want to give them a call at their
office mora three three seven nine fifty nine hundred. Of course,
not right now because they're here. But if you call
and leave a message, he'll give you a call back.
Speaker 10 (27:48):
Okay, thank you so much.
Speaker 2 (27:49):
That's of luck, Laura. That's a tough situation.
Speaker 1 (27:52):
If you have a family member with a mental health issue,
it is a struggle to just navigate that on many
different levels.
Speaker 2 (28:01):
Let's do this.
Speaker 1 (28:02):
Let's take a quick time out. But while we're we're
while we're time outing, think this over. Someone sent this
text here a while back. I got contaminated gasoline from
a major corporation not based in Colorado. The total repair
bill was twenty five hundred dollars. I know I need
to file in small claims court. The problem is the
Colorado Secretary of State website sucks. To try and find
the agent in Colorado. Is there another way to find agency.
(28:25):
We'll have an answer for that when we get back.
Speaker 2 (28:28):
Keep it right here.
Speaker 1 (28:28):
We're with Bell and Pollock on ask the attorney. I've
often thought about this when I'm in a road situation
where I might kill someone on purpose, and then I
think to myself, Mandy, please ask your guests. If something
happens which requires a criminal attorney, how do you find
a reputable one?
Speaker 2 (28:47):
I mean, how do you how do you even go
about that?
Speaker 9 (28:50):
Well?
Speaker 5 (28:50):
I mean there are some that have good reputations. But
the our key when we're asked for a criminal attorney
reference as we use former prosecutors. Know we know I
Toup love them and they were prosecutors for a long time.
Then they became defense attorneys, and that's the ones that
we go to.
Speaker 1 (29:08):
They are the ones who understand both sides. And again
I would definitely want them absolutely on my side.
Speaker 6 (29:13):
And I've got a relative who's a judge in Aurora,
and so you know, sometimes I call him up. I
don't tell him about the case, especially when it's not
in Aurora, but I'll ask him for who's been good
in front of you in the courtroom. You know, you
got to ask around. You got to understand where you
got the connections and who you.
Speaker 2 (29:29):
Have and yeh and most of us don't have that.
Speaker 4 (29:31):
Yeah, well I would call you.
Speaker 2 (29:34):
Guys, f yhi, So be ready if you.
Speaker 1 (29:36):
Get a call for me, you know, if I need
some help. Let's answer the question that we asked before
the break and this was from a guy who got
contaminated gasoline from a major corporation not based in Colorado.
The total repair bill twenty five hundred bucks. He says,
I know I need to file in small claim score.
The problem is the Colorado Secretary of State website sucks.
To try and find the agent in Colorado. I don't
(29:59):
even know what that means. So is there another way
to find agency?
Speaker 4 (30:02):
Yeah?
Speaker 5 (30:03):
So in small claims courts you don't really need to
find the agent so much. You just you serve the
person and it's easy. You don't have to hire a
process server. You can send him by the clerk and
sent it by certified mail. Small claims court is designed
to help you the individual, so it's not a you
don't have to have a sheriff. You can, but you
don't have to have a private process server. You can
(30:24):
if you want to make a point, if you want
to make it, emphasize something, but you can. You can
do it by mail and you can send it to them.
Speaker 1 (30:30):
And certified mail, so then I signed for it. Absolutely,
So okay, so there you go. Problem solved.
Speaker 2 (30:36):
That was an easy one.
Speaker 1 (30:37):
Here's why we've had about two minutes left, so we'll
see how this goes. Mandy, About a month ago, my
sister got hurt at work. She works for a very
popular food chain in Colorado. What happened was she walked
into the back prep room, noticed that the hatch to
the roof was open. As she was not doing her
work back there in the prep room, some man fell
through the hole, falling about ten feet landing on top
(31:00):
of her. She ended up breaking several ribs and a
lot of bruising and a lot of problems. My question is,
because I know it's workman's comp but could she go
after the contractor who fell on her, who I believe
worked for a different company other than the restaurant.
Speaker 4 (31:14):
Yes. Absolutely, I mean there's very.
Speaker 1 (31:18):
Little denial of dude fell on me, she broke his fall.
Speaker 5 (31:22):
I know she can find the worker's comps. She can
go through that, and she can. That's called a third party.
And yes, you can go after the third party at
the same time that you do the work compt.
Speaker 1 (31:31):
Now will workman's comp come after any damages that she wins.
Speaker 4 (31:34):
Part of them. That's a great question.
Speaker 5 (31:36):
By the way, it's a complicated area a lot, but
part of them, and the leading case is called the
shoulders case. But anyway, part of them they can get back.
But you don't say, well, that's a detern. I don't
want to do this, I can't do this.
Speaker 4 (31:47):
You do it.
Speaker 6 (31:47):
The work comp is limited, chances are you'll get more
by adding.
Speaker 4 (31:51):
On after the third party.
Speaker 2 (31:53):
To everybody, that's what you need to do.
Speaker 1 (31:55):
So finally we got a clear cut answer of yes,
you have a case.
Speaker 3 (31:59):
There you go.
Speaker 2 (32:00):
Gary and Brad can be found every day.
Speaker 1 (32:02):
Working their little took uses to the bone at Bell
and Pollock three O three seven nine five fifty nine hundred.
You can also hear them here Saturday morning at ten
as I do when I'm driving around, and I always
learn something that I should not that I should already know,
which is why I upped my uninsured motors coverage.
Speaker 2 (32:19):
After one of your shows.
Speaker 1 (32:20):
One day, I was like, wait a minute, let me
find out about that.
Speaker 2 (32:23):
Guys.
Speaker 1 (32:23):
I love this stuff, not all my listeners love it.
I got a text message from a guy who doesn't
love it. But I was like, I love it and
it's my show. So here we go.
Speaker 2 (32:31):
I will see you guys.
Speaker 1 (32:32):
So you have a great vacation, sir. I get into
one of my favorite places and we
Speaker 4 (32:37):
Will get it
The Mandy Connell Podcast News
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