Episode Transcript
Available transcripts are automatically generated. Complete accuracy is not guaranteed.
Speaker 1 (00:00):
Welcome to the Tupash Podcast.
Speaker 2 (00:03):
I am Gabrielle.
Speaker 3 (00:04):
I'm a former New York Mafia princess originally from Austria.
I am the mother of three and the owner of
Tupash Boutique. And here with my beautiful co host Marsella,
my daughter.
Speaker 4 (00:17):
Hello, I'm Marcella. I'm a dancer, choreographer, model and designer
for Tupash and I say whatever I want.
Speaker 5 (00:25):
My name is Cruz. I am a stylist. I also
own the Society Salon in the Design District. And I
am a short, little Mexican with a big personality.
Speaker 1 (00:35):
What will they say next? Welcome to the Tupash Podcast.
Speaker 2 (00:50):
The super Lawyer.
Speaker 6 (00:51):
I've been in that before.
Speaker 2 (00:52):
Yes, you're a national trilorist, top one hundred in that.
Speaker 3 (00:56):
Yeah, multimillion dollar advocates. Correct, A million dollar advocates for him.
Speaker 6 (01:03):
Correct.
Speaker 2 (01:05):
I mean you are like the top of the top
of the top of the top, Like I can't, I.
Speaker 3 (01:10):
Can't even an he's so humble, I mean so humble
you would And then I want to go to all
these that you do because I thought that was interesting.
Speaker 2 (01:19):
I would never know so bad faith insurance we do.
Speaker 6 (01:24):
Some of that, the laws in Texas have changed a lot,
and there's actually a case that's in front of the
Texas Supreme Court in October that could really make it
even worse for the consumers. And so I usually joint
bench those with some other friends.
Speaker 2 (01:39):
Faith.
Speaker 6 (01:41):
If you get into a wreck and say I only
have a thirty thousand dollars policy and say you lose your.
Speaker 1 (01:45):
Arm, you have your arm.
Speaker 6 (01:47):
Yeah, okay, so it's a no brain. We have my
carrier pays you your thirty thousand, and you've got like
a half a million dollar uninsured underinsured policy and your
carrier says, you know, f you were not paying it.
Then there used to be some really good bad faith loss.
And the kuy named Carlos Quartees. I'll give props out
to Carlos.
Speaker 1 (02:04):
He came up with Carlos.
Speaker 6 (02:05):
Carlos came up with some really good theories and those
are what's in front of the Supreme Court now to
see if we can get some bad faith back because
they took it away. But yeah, we look at them
and they end up happening a lot with homeowners' claims
with like roof damage, hail things like that. And I
(02:27):
got a good friend of mine that we usually send
those two.
Speaker 2 (02:30):
But birth injuries we did.
Speaker 6 (02:33):
We used to do a lot of medical malpractice cases
up until two thousand and two and they changed the law.
And most people don't realize that the law in Texas
on medical malpractice now sucks.
Speaker 2 (02:45):
No way.
Speaker 6 (02:45):
Yeah, So like if you're a state at home mom
or you're an old person, they can basically maim unit.
It's a two hundred and fifty thousand dollars case. Like we
I've got the largest nursing home settlement in Dallas County history.
It's like two and a half million dollars. And that
case they would we would even take.
Speaker 1 (03:01):
Wow.
Speaker 6 (03:02):
Yeah, And it was really sad. I mean they literally
the only thing they didn't do is put gun to
this lady's head and just pull it. I mean it
was really really messed up what they did to her.
She was an Alzheimer's dementia pation with dyspasia, and they
let her asphixiate and then try to hide it. And
it was it was pretty ironic when the paramedic showed
up there trying to innovate her and they'd given her
(03:23):
a peanut butter and jelly sandwich and left her alone
in the dining room. Well, if you have alzheimer and dementia,
you don't know, you're not supposed to eat that. And
she had this thing called desfasia where if issues was falling,
So it basically just gets lodged in her training yet
and she asphyxiates. So when they when the paramedics shop
and they're trying to innovate her, they keep pulling out
like peanut butter and jelly, and so they take her over.
(03:46):
They start to do at the hospital and they look
down there there were glottisons just covered with peanut butter
and jelly. And they're like, we're not touching us. We're
calling the state. And so the state came out and
literally when they dissected her trachy it it was like
all compacted with peanut butter and jelly in there. Yeah, yeah,
it was. It was really messed up. But like a
case like that today, I wouldn't even take it. But
(04:09):
we are looking at a birth injury crase right now. Uh,
umbilical cores wrapped on the baby's neck and they should
have done a C section and they didn't, and the
baby's got a brain injury. So yeah, not.
Speaker 2 (04:22):
Oh my goodness, car accidents we do.
Speaker 6 (04:26):
We do a lot of car wrecks, a lot of
them that are traumatic brain injuries, and people don't really
realize the forces that go on, how the brain can
be entered in a mental car wreck.
Speaker 2 (04:37):
Even like a minimal one.
Speaker 6 (04:38):
Even yeah, yeah, that's even more. People still are like,
I just don't care. You know, there's there's not a
scratch in the bumper. And what they don't understand is
the coup contractu inside the brain and how it moves,
hitting the front and the back and then you know
when when you start looking at the the uh, the
fiber tracks inside the brain. I mean they're like micronic
(05:00):
thin and they'll just still snap and it's it's kind
of like the telephone lines that connect from one in
one side of the river to the other, from your
right lobe to left robe, and it'll break those and
so then all of a sudden you've got issues with
like memory or speech or things like that.
Speaker 2 (05:15):
Wow, that's great.
Speaker 6 (05:16):
Yeah.
Speaker 2 (05:18):
Bicycle accidents same, I guess.
Speaker 6 (05:20):
Yeah, a motorcyce going we actually represent do you remember
last year and I need to call the family. There
was a boy that was ran over going to school
on the first day up in Friscoe. I remember I
represented that family in that deal, and it was it
was really tragic. It's it's something that never should have happened.
And my thought on that is, if they're going to
require these kids to be at school at six thirty
(05:42):
in the morning, they should have the school zone flashing
going on because it's and it's not just for the
football players, the band, the drill team, all these other
organizations that are requiring kids to be the early and
I think they're finally at the point they really wanted
to go to the city council and say, look, it's
very simple fix and it could have prevented him from
(06:02):
being killed.
Speaker 2 (06:04):
I don't know how you deal with all this tragedy
about I bet it is. I saw you actually post
something about that. Personal injury lawyers you go through depression, Yeah.
Speaker 6 (06:14):
We do. And that's one of the reasons why I
don't drink very often, is because I think we have
a really high rate of alcoholism. Oh and I don't
ever want to have. Actually, it goes back to my
early thirties and my one of my best friends who's
a functioning alcoholic and he's a lawyer, and he's a
great lawyer. We're really good friends. I mean, I consider
(06:35):
one of my best friends. I came home and I
woke up then I was probably thirty five, and I
woke up the next morning. I'm like, I'm done, and
I'm like I'm done drinking. I'm done waking up and
feeling like crap. And I just kind of stopped drinking
until I get here a tequila.
Speaker 5 (06:55):
So but when you say you're done, like, are you
do you stop completely? Or are you just kind of
like done hard, going hard, getting hungover?
Speaker 6 (07:04):
Very social? And then and then I had a friend
who went through rehabit six and I kind of became
his sober buddy and I would fly out to l
A like every other week and hang out with him.
And so that was the other reason why I didn't drink,
is because I was around him and was trying to
help him say sober.
Speaker 1 (07:22):
That's good.
Speaker 6 (07:23):
But now like this past week, and unfortunately, we celebrated
one of our employees birthday and had way too much
tequila and did the stupid thing so I should not
have done. And Sunday morning, I was feeling it.
Speaker 3 (07:34):
Yeah, we had, we had a great time. Yeah.
Speaker 5 (07:37):
Four We always say I don't drink a lot, but
when I drink, I drink a lot.
Speaker 1 (07:44):
Exactly what I'm.
Speaker 2 (07:46):
Here, all right, boating accidents.
Speaker 6 (07:51):
We have done some boating accidents, like at like Texoma
and at like Lewisville where boats have been hit by
other boats, gary some crazy Oh my god, there's I
don't think I'm talking about to turn. It was really
Aaron Stevens guy in Steven's transport. He was up at
Lake Texan and this is years ago, and he was
taken off. He had a forty two or forty seven
(08:14):
foot fountain and a kid came across in front of him.
And when you start off in one of those boats,
they kind of come up out of the water them
plane and Stephen never saw it coming across and ran
over the kid. And I remember seeing them pull the
kill the water and Stephen did everything he can to
say the kid's life. I mean, did his credit. He
really went out of his way to try to do that,
(08:35):
and it was just a horrible thing.
Speaker 2 (08:38):
Wow.
Speaker 6 (08:38):
Yeah, that is sad. So we always see the bad things,
like like I had to go down to Ennis today
and there's two eighteen wheelers and Lucy's with me in
my car and I'm like f this and next thing,
you know, we did like one hundred and ten to
get around these two tractor trailers. I'm like, I'm not
getting near them because I was watching their load and
that was kind of moving. I'm like, in our little car,
we would just get crushed at that stuff fell off.
Speaker 2 (09:00):
Well you see all that, Yes, we see that stuff.
Speaker 6 (09:02):
So we think about, yeah, yeah.
Speaker 2 (09:04):
This would not be a good job for me. No, neither.
I was to sleep. I don't even know.
Speaker 3 (09:10):
I mean, there's so many even reading this, I'm like, oh,
my god. Child injuries.
Speaker 6 (09:14):
Yeah, We've done a bunch of different children that have
been injured construction accidents.
Speaker 2 (09:18):
I can only imagine, yep.
Speaker 6 (09:20):
And they usually are preventable. We represented my alt and
no disrespect to all mother clients. My probably my all
time favorite client was a lady whose husband was electrocuted
when they were building you know when you go under
the Addison Airport, that tunnel, it's like a all way
kind of oh yeah, yeah.
Speaker 2 (09:40):
Yeah.
Speaker 6 (09:40):
When they first started building that, they had a rock
slide and so it threw the schedule off. And the
way those construction contracts work, they get bonuses if they
hit certain milestones. Well, they were behind from day one,
so they were doing everything they could to cut safety
to get it through, and they were trying to put
these emergency generator backups because the gover was coming up.
(10:00):
They were doing this whole deal and they basically what
they should have done was shut down all the power
there for the day, and they didn't. It rained and
when they lifted the generator up, the boom shifted went
into the power line and James was holding the generator
and he became the conduit into the ground and the
electricity blew them up. Yeah, blew him up. Yeah, like
literally because it had no no, no, like literally when all
(10:22):
the voltage going through his body had the place had
to have a place to exit, and so it exited
through his body. When it did just wow, he did
not make it, did not make it.
Speaker 2 (10:31):
Yeah, he exploded.
Speaker 6 (10:32):
Yeah, it was really messed up. And it's it's a
preventable deal. All they had to do was to energize
those lines for.
Speaker 3 (10:39):
Oh this is from Michael Electric SCUTA accidents.
Speaker 6 (10:49):
We've looked at those and I'm more worried about, like
where my office isn't uptown. Those crazy people like drive
them and they don't even look for like oncoming traffic.
They just cut out.
Speaker 2 (10:59):
Michael, do you have anything to say?
Speaker 6 (11:03):
Mine was settled by a judge Steve Harvey, So I'm good.
Speaker 2 (11:10):
That's funny. Wow. Hospital sexual abuse.
Speaker 6 (11:19):
Wow, we have done some sexual abuse cases before. Yeah,
hospital actual abuse. Yeah, where doctors have done things with
other employees and patients. Yeah, where patients have been under anesthesia.
Speaker 1 (11:32):
A dentists. I've heard of dentists doing that.
Speaker 6 (11:36):
Yeah, that's walking of creepy stuff.
Speaker 1 (11:38):
Yeah, just knock out.
Speaker 6 (11:40):
Yeah, It's like it's like that movie Horrible Bosses with
Jennifer Anison. She's like either gonna fuck me or gonna
fuck me.
Speaker 4 (11:48):
And I think people would mind Jennifer Aniston as our dentist.
Speaker 6 (11:52):
But you know, yeah, that crazy stuff goes on lift accidents. Yeah,
And what's what's so sad is uh, the lyft and
uber drivers are trying to do the right thing. They're
they're out driving people who have been drinking too much
and trying to get them home safely. And they're out
at two three in the morning taking people home from
(12:12):
the clubs and they end up getting hit a lot
because they get hit by the drunks that should be
in a Lyfter or Uber and Siri used to have
a deal where you could say Syria, I'm drunk, and
it would automatically call Uber for you.
Speaker 2 (12:25):
Oh yeah, that doesn't happen anymore.
Speaker 6 (12:28):
They changed the setting on it now. I don't know
if there was something some kind of tip between Uber
or Lyft or something, but it used to be pretty cool.
Dealer you just like Syria, I'm drunk, and it would
automatically pop up Uber for you. No. Yeah, And so
then there was like no excuse.
Speaker 2 (12:40):
Wow, that is crazy.
Speaker 1 (12:42):
I feel there's still no excuse name.
Speaker 5 (12:45):
I mean, back in the day, you know it's harder,
But now I Uber everywhere. If I know that, I'm
going to even touch wandering Uber, it's way cheaper than
any I'm.
Speaker 6 (12:57):
Gonna wrap my nephew out here real quick. And I've
always told him that, and he ended up getting a
DWI and my brother spent like ten grand defending. He
ended up winning the face that got dismissed, but.
Speaker 1 (13:07):
You never really win because he still spent the ten
grand exactly.
Speaker 6 (13:10):
And that's what I told him. I'm like, he could
have paid for Uber for the rest of his Yeah,
not that ten grand. That it costs to defend you.
And it's how I see it, you know.
Speaker 2 (13:20):
Yeah, that's so crazy.
Speaker 6 (13:21):
Yeah, just crazy to.
Speaker 2 (13:22):
Do nursing home abuse. I think that is we.
Speaker 6 (13:25):
Still look at him, but we just don't usually take them.
Speaker 5 (13:27):
Yeah, and do you not take them because now the
laws are harder to defend these people because do you
feel that, like you know, all these lobbyists kind of
going and make these rules because like stuff happens and correct.
Speaker 6 (13:44):
What they did back in two thousand and two is
it was called House before and they had promised that
if they passed this legislation that it would reduce the
insurance for doctors in the state of Texas. And they
were true, and that the year before that, a friend
of mine is North Peek surgeon. His rates had gone
twenty five percent, even though he didn't have a malpractice claim.
(14:05):
So they passed HP four. They dropped their rates ten
percent the next year, so think about there's still up
fifteen percent from the year before. They give Jack his
ten percent discount. The following year they raise it twenty percent,
so they got their ten percent back plus another ten percent,
and they've continued to rise ever since. But yet they've
capped their exposure and so it's made insurance companies way
(14:27):
more profitable, which is it's terrible for the citizens and
people just didn't. I mean, I've seen so many things
from like nurses that couldn't pass the exams. They use
their mom's license. And like this doctor that there's a
way he started off in Pakistan, gets licensed in India,
I'm sorry, and then gets licensed in the UK, goes
(14:48):
from the UK to Canada because they got reciprocity, goes
from Canada to North Dakota to then South Dakota and
I can't remember to another state after that that then
had reciprocity with tech and that's how he got his
Texas license.
Speaker 5 (15:03):
Wow.
Speaker 6 (15:04):
And so they figured out ways to gain the system.
Speaker 2 (15:06):
I can't.
Speaker 6 (15:07):
That's us and that's why. So and don't look at
Google reviews when you start looking for your doctors. Look
at like where they went to school, what they did,
where their residency was, the things they've done, because like
you know, the ones that can't get into medical school here,
they'll go to like University Cayman, and so it's like, Okay,
I want to hang out at the beach for four
years when they get a medical degree. And come back.
(15:29):
Oh my gosh, it's I always tell people, don't don't
just go about Google reviews. Actually look at their background
and what have they done.
Speaker 2 (15:36):
Oh, this might actually be for me. Slip and fall accidents, you.
Speaker 6 (15:41):
Know, we we normally don't.
Speaker 2 (15:44):
I would tell you take it I found in my closet.
Speaker 6 (15:47):
No. No, I have taken one slip and fall case
in the last probably ten years. And they have to
be because in Texas you have to prove that they
knew or should have known unreasonably dangerous condition. And we
actually had a lady they had cut the bottle of
like tide and sort of soap all over the floor,
(16:08):
but it was clear and their policy said they're supposed
to put a sign out saying wet floor' supposed to
go to mop it up, but he wanted to go
on a smoke break, so he just left it there,
and fortunately enough, he actually filled out instant report and
wrote on there I cut the tide package open. It
was leaked everywhere, but I went to my smoke break
(16:29):
before I went to clean it up, and she ended
up with back surgery and had a brain injury. And
that's the reason why we took that case.
Speaker 2 (16:36):
Woow so well, remember when you the buggy. I always
talk about this.
Speaker 3 (16:42):
I mean, not that it would be anything, but this
was when they first started Burlington called factory.
Speaker 2 (16:48):
I never forget it. Their buggies. You couldn't take them
out of the store anymore. I stopped. I'm power walking everywhere.
I've always in a hurry, and I'm like, God, like
this and it stopped so fast.
Speaker 3 (16:58):
It hit my shins bad, so bad. I was like,
this is unacceptable. I'm going to go to a lawyer.
I didn't know you back then.
Speaker 2 (17:09):
I should have.
Speaker 6 (17:09):
It's your call line J three three wins feel free
of as a call.
Speaker 2 (17:16):
I don't know about what, yeah, wrongful death?
Speaker 6 (17:21):
Unfortunately, we we do handle a lot of cases where
people are killed.
Speaker 2 (17:26):
What is wrongful death in.
Speaker 6 (17:28):
It basically is like you were you're yeah, I'm trying
to think of the last one we did. That would
be a good example. You know, you're hit by an
eighteen wheeler and you would have died in the crash.
Speaker 2 (17:39):
That type of What about like murder case?
Speaker 6 (17:43):
No, I don't know. I don't there any criminal stuff now.
You know what's funny is I used to practice with
some criminal guys early on and I could do like
a d w I or something like that. But I
don't think I could ever do like a murder. I
know I could never do. And the guy, uh the
East Office, that Tom Pappis, he did, he's really known
for him like sex crimes and like molesters and stuff,
(18:05):
and that to me just turns my stomach. I can't
stand that, and so I can. I mean, I believe
everyone has the right to an attorney. I believe everyone
has the right to a fair trial. It's just not
something I personally could do.
Speaker 2 (18:18):
Well, you have enough, Yeah, It's just it would.
Speaker 6 (18:22):
Gross me out and I'd probably be like, they're the
dude away, that's just gross.
Speaker 2 (18:25):
Dog bite.
Speaker 6 (18:28):
We actually have done some dog bite where I mean
very selective. We have represented a soldier who had just
come back from doing a tour and his next door
neighbors pit bull bit his face. He pulled his face off.
Speaker 4 (18:40):
What about that grown compel that she was dog sitting
and the two dogs attacked her and they ripped her
whole face off.
Speaker 2 (18:49):
Yeah, O, my god, in knowledge it was in compel.
I saw it on TikTok.
Speaker 1 (18:55):
Your TikTok is brutal, exactly your page is rough.
Speaker 6 (19:01):
I don't know, it's just worse than the woman eating
the burrita before the burrito.
Speaker 3 (19:09):
Okay, my for you is interesting, something a little. I
don't know if everybody knows, but Jay is an excellent cook.
He makes the best cheesecakes.
Speaker 6 (19:20):
Oh yeah, I do make a good cheese He's amazing.
Speaker 2 (19:27):
Okay, we have to talk about this one case you had.
Speaker 3 (19:32):
Hi.
Speaker 2 (19:32):
I'm Olivia Gully.
Speaker 3 (19:33):
I'm one of the gossip girls here at tupash Podcasts.
You can find me on Instagram at lives world and
if you need me, I'll be crying my Bentley.
Speaker 4 (19:41):
I'm Marcella, co host of the Tupash podcast. You can
find me on all social media platforms, Marcellainary. You can
also find me on TikTok, Marcellinary seven and I say
whatever the fuck I want.
Speaker 2 (19:56):
Yeah right.
Speaker 5 (19:58):
My name is krus Koffer. You can find me on Instagram.
And that's pretty much it. And let's do some tequila
together on the next show.
Speaker 3 (20:09):
If you enjoy listening to our show, please follow tupash
podcast on all social media handles and tell all your
family and friends about it. And tupash podcast is on Instagram, TikTok, YouTube, Facebook,
and Twitter. Also, don't hesitate to leave us a review, comments, feedback,
or ask us any questions, and follow me on my
personal social media on Instagram at Gabby dot Talk and
(20:32):
Facebook at Gabrielle Kindler, Gilmour and I have No Secret.
Thank you for listening here