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Man Dix is the Troubleshooter Show.
No Tom Martino, Hello, Tom Martino here, Welcome to the show as we kick off a beautiful fall week in Colorado and around the country. Of course you're joining me probably on one of those. Of course, we have our wonderful audiences on our flagship station KHOW, and that we have our affiliate in Colorado Springs, Cardio. We also have wonderful people around the country on the iHeart iHeart app and YouTube and my YouTube warns. And then I'm gonna
bring up John Fuller. Now, John, look pretty? John, is you're looking good? I'm hoping John can hear John. I don't see you were acting, but in any cases, Hee up on the access John Fuller Fuller Law, and he is with us and he will be acting as our expert today for personal injury and all of that. I'm gonna take him off camera until he knows we're on. So somehow he's not hearing me. So three oh three seven one three talks seven one three eight two five five Hey.
Dragon or Shannon, is he on Access today?
We did not know he would appear that way, so we did not show up.
Do you know what's that?
Well, we did not know he was joining us via Access.
Do you know what's what he's going to be on?
No? I actually don't. I thought that was all worked out. I'm really sorry. But you know what I can do. I can probably bring up his audio on this during a break, So I'll just do that three oh three seven one three talks seven one three two five five if I think I can take him with uh?
With you?
Do have him? Okay? Good? Good, good good?
And then I'll bring him with in a mid morning. Okay, let me let me bring you up here.
I'm sorry I had you and I saw you picking your nose and doing whatever else you were doing.
What John?
You're looking good, bro?
And now I want to talk about something that's been on my mind because so many people call me. And I had a friend call you over the weekend. She was shocked you answered your phone. She called your regular number. It was about her daughter. You probably would call it Auntie. So what happens when people don't know? Now they anticipated a problem because she's smart she's not looking for trouble, but her daughter was rammed rear ended, and there's no immediate problem.
But she wanted to talk to you. Is that stupid? Smart?
What do you do? In other words, you don't have an immediate problem, but you just got rammed, but thirty miles an hour and the last thing you want to do is have something show up a week later and you haven't made any prep.
So what do you do in a case like that?
John, Well, sometimes you have a problem and you don't even know you have a problem. So that was the situation with this young lady, is that she had just been in an accident. She didn't go to the er. She wasn't sure if she needed medical care or treatment. Her car was jacked up, it could still be driving or driven. You know, she just didn't know kind of what the next steps were, yes, exactly in scripting out a plan of where to go, what to do, what are the next steps?
Who you know? Who are you going to talk to?
All of these things that people just don't know when they get in an accident. And you know, I do this every day, but most people don't. And so so.
What do you do?
I mean, in other words, if you don't have anything going on right that minute, what do you do.
As a victim of a crash.
Yeah, you don't have an immediate pain, but you know you've been hit. You're not looking, like I said, I always say this, you're not looking for trouble, but you know you've just been hit thirty miles an hour from the band.
Yeah.
Well listen, if you're hit thirty miles an hour from the back, the chances of you walking away and thinking, Wow, there's nothing wrong with me whatsoever, is very very slim. And in this particular case, the young lady was banged up pretty good, and you know, she just wasn't sure if she needed to go from work that day to seek medical care or if it was something she could get an appointment in a few days and go get
checked out. And I helped her understand that, Look, the most important thing for your health is to go and get checked out, because you just don't know what the impact of the accident might have been.
And you're always better getting checked out.
But number two, that you know, this is a you know, you just cracked the surface of a whole.
You know, this this thing.
That you're going to go through and there's going to be different sets of eyes on what you do from this day for and so you know, in my business, I know that if you delay going to the doctor, you know, let's face it, somebody that has kaiser right now.
If you call and say, hey, I need a new appointment.
I was just in a car accident and I'd like to see my doctor. Well they're scheduling things four and five and six weeks out for first appointments, right, and that is fatal for your crash.
I mean it's fatal.
You're going to be accused of either not being hurt entirely, lingering and waiting around to go and get checked out, or any number of other things that couldn't be further from the truth. I don't that's just not okay in
my book. If you're hurt, we either need to get you to an emergency room or an urgent care or something along those lines to get you checked out today so that we know if there's anything that truly is an emergency, and if not, then we at least know how to script out the rest of your care and make decisions along those lines.
John Fuller, Now we're going to go to the phone because This looks pretty serious. John, you'll be up, so don't pick your nose and we'll talk. We'll talk to Jennifer. Jennifer. This sounds pretty serious. What's happening, Jennifer, Guys, help me out here.
Well, we can only help so much.
Okay, So she's not there, all right, we'll check on her. Okay, check on that line. She was going to talk about sexual assault.
Let me explain something.
Sexual assault, sexual harassment. They are different things. They are injuries of sort, but in general, John, what kind of damages do people seek when they've.
Been We're getting a lot of somebody else's on this line. Tom on the hmm.
Okay, I don't hear anything.
I don't know why that would be on your access if you're getting audio, John, I really don't know why that's happening. Seriously, So you're you're hearing other voices?
John, Oh, I think I know what it is.
Hold on, Okay, it might be your YouTube or something, or it might be something else you have feeding through.
Anyway, we have Jennifer about it. Okay, you're all right, John, We'll take Jennifer.
Okay, got it.
Jennifer. Hi, Jennifer, what's going on? This sounds sounds pretty serious. Now let me explain something. I mean, not that it matters, I mean it's it's important. Though you mentioned or the call screener says assault, and there's a difference between assault and harassment, A fine a fine line.
Was this an actual full out assault?
It was? Wow? Okay, now without for the beginning here giving names and companies, tell us what happened?
So it so there's two different occasions, yes, or I guess there's two different days. So the first is this customer came on to my.
To my work.
It was just a normal interactions and what kind.
Of without like I said, in general, what kind of work? Was it a walk in store retail or what.
Kind of like that?
So I sell like automobiles.
But it was out Yeah, all right, So customer walked walked, walked in and what happened?
Yes, it took him out, showed him some of our items.
He was kind of very.
Cocky, I would say, just.
His eyes.
He bought it.
He knew better than I did. So he left for the day, came back the next day. I was in the store with my manager. We were counting cash, and then I told him that he would have to wait or he could go out with my other assistant manager to go find whatever he wanted. And he's like, no, I'm you know I want you. So it became this fixing.
So he waited for thirty minutes almost for me to get done counting this cash, and then we went out on a lot, started looking at what we wanted to look at, and then it kind of just got progressively more uncomfortable.
He was like rubbing, Now you were showing let' taye so Jennifer. So he comes up, he's waiting for you. Then you walk you and him, you're walking out on the lot, yes, sir, okay?
Then what and then as we're as I'm showing him the items, he starts getting more pushy, I guess, telling me and like.
Again like what kind of stuff was he And I'm not trying to be you know, weird here, I'm just trying to find out, like you were uncomfortable, clearly did he touch you?
He did?
And so at first he put his arm around me, almost like a friend thing, put his arm around my shoulder, and then it got to the point where he was like telling me to bend down like almost like doo squats for him. Why And then on.
Our way back wait, wait, when he put his arm around you, did he say, hey, I Hey, Jennifer, thank you so much that I really appreciate the information. Or was it just like just touching you.
It was just touching me.
And was his arm like around your shoulder, parder around your waist at.
This point it was just my shoulder like okay.
And was it one hand on his shoulder.
Was it one hand on his shoulder or was he wrapping his arm up around your back on your other shoulder?
It was like up around like wrapping his arm around my back, on my shoulder.
And did you say anything at that point?
I didn't.
I kind of just kind of it was like scooting away from him, okay.
And then and then so did you as you were scooting away? Did his arm come off your shoulder or did he follow you with his arm?
He stayed where he was, his arm came off my shoulder. And then the making our way back inside.
Then okay, and then okay, got it, So you scowed it away. I wanted to moved away from him, and then I'm making notes here, okay. So then then then you were you started going back to the office.
Yes, And as we were walking back into the office, he was walking behind me and then came up by like behind me and was rubbing my shoulders as we're walking inside.
Then when did he say, can you do squats for me?
So he was doing that at the trailer. He did it numerous times, but it wasn't like he wasn't so he didn't physically tell me to do squats yet that was inside.
Okay, So when you got inside, how to go ahead? Sorry?
So he was just asking me like how much he can put in? So I'll just say I was I sell trailers, so cargo trailers dumping. So on these trailers there are ven numbers and how much they weigh, how much you can put in to them. So he kept asking me to bend down and tell me like what it is, but he already knew because he was telling me that.
Did he actually say.
He didn't say, look at the cargo tag and tell me what it can hold. Or did he say can you bend down and tell me or can you bend over?
No, he said look at how much? Does this one way?
Yeah?
But but not like I'm trying to get a sense here. But he didn't like say Hey, Jennifer, can you bend over and see and read that tag for me or or squat or any did he.
It would be how much does this one way? How much does this one how can help?
Okay, but you took that to mean he wanted you to bend over or squat.
For the way that his tone was and then the way that the day kept going.
Absolutely okay.
I want you to hold on.
You didn't think anything of it until it kept going, so yeah.
So far it's pretty disgusting, but not assault.
But hold on.
And then we have our personal injury attorney, John Fuller on as well. So hang on, Jennifer.
Please this this, this is.
Weird and something we probably want to look into.
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Help.
You'll think you're his only customer when you choose Frank durand the real estate Man dot com to list your home with Remax Alliance three oh three nine two zero sixteen twenty two. Hi Tom Martino, your troubleshooter three O three seven one three talk seven one three eight two five five.
So we're hearing a very interesting story.
I'm going to bring up John Fuller again here and he's with us, and we're here. Here's the thing. Yeah, it doesn't sound good, that's for damn sure. We have a woman who works on a lot selling trailers and a guy came in put his arm around her. That's weird, Okay, Now she could have said. And again a lot of people say you should say and make it clear, and I don't think women should have to, but they you say, by the way, I prefer.
You not touch me. That's unwelcomed.
Again, there can be harassment, and obviously there's assault without making a proclamation, but that's always best. Now, you went inside, but on the way, he was asking you to can you look and see what this weighs in that ways? And he was She kind of got the impression he wanted her to bend down or bend over. So when does the assault take place, Jennifer. We're not trying to be tilating here, We're trying to truly discern what is going on.
So when you got into the office, what happened?
So, first of all, that was more of it. So when we got into the office, I actually my manager told my told this customer that it was lunchtime, so he had to come back because it was like a mandatory lunch. He got upset about it, but he left. At this point though I told my manager that I felt super uncomfortable with him. This was all on camera in our lobby. Two other employees so heard it, So a total three employees heard the fact that I felt
uncomfortable around this person. He left where I left, went to lunch, came back, and he came back for his amployment at two. At this point in time, I start helping him, and all three male employees leave the office and I'm left alone with this person after I've already told my manager that I didn't feel comfortable, because my manager even said, okay, well, we'll make sure that you're not left alone, and then they left me alone with him.
By the way, physical contact, I'm looking this up of any non consensual nature. It doesn't have to be you know, in delicate or unseen places or genitals or anything. Just touching could be considered a form of assault. John, did you know that?
Yep?
Yeah, wow, Okay, So what happened then, Jennifer, Well, so now.
We're in my office doing paperwork and he gets to the point where he's at one point he is telling me to I'm doing his paper work. We're going over the invoice, trying to get everything that he wants on this trailer done.
We're talking about, by the way, when he came back and the boss was leaving and you were going to be alone, could did you mention, Hey, I don't feel I'm private leader, your boss.
I don't feel comfortable being alone with this guy.
I didn't. And the only reason I say so I and I'm not gonna sugarcoat it. I am a victim of past sexual bold and childhood trauma. So I'm very meek. When it came comes to it, I was scared. I didn't know how and I'm not going to be a shame to say it. I didn't know how to say no. I didn't know how to stout my life.
I understand what you're saying.
You were so uncomfortable from past experiences that you just didn't want to bring attention to it.
And that's more of.
What it was.
And on top of it, my childhood trauma. The thing with this is this person his name was the same person of my childhood trauma. It was it was a It brought everything back, which sounds horrible. I mean, I don't mean to like so.
But when he came back, did he do anything to you? When he came back to the.
Office, that's when.
So this is when it actually everything really happened. So when he came to the offic this the first one was we were talking about the spare tire, and he basically this is when he told me that I can come over to his house and do squats to pay off the spare tire.
Wait wait, whoa, whoa, whoa, Okay, hold on, hold on now, now what do you mean by that? So, so, what do you mean spare tire? And what do you mean pay it off? And all that tell me what you're talking about.
So the spare tire for his trailer, I want to say, was close to four hundred and I think it's four hundred and sixty five dollars.
So you said, if you order this trailer, a spare is going to cost you an extra four hundred bucks.
Yeah, So here's trailers on our lot and to add the tire on. So as we're looking at the invoice, all I do is I have to just take this stuff off of his invoice.
Is this a trailer that he's buying from you that was on your lot?
Yes, it's a dump trailer that was on our lot.
Okay, were and he did not he did not want.
The spare or he wanted a spare.
He didn't want to pay for this spare. So he told me that if so Basically, if he's going to pay for the spare, then the way that it was going to be paid off is by me coming over to his house to do.
The only way I'm going to pay for that spare is if you come to my house and do what.
Squats and other things.
Wow.
Yeah, that's disgusting. I'd be pissed off. So you should have just said, sir, I think you should leave.
But what happened.
I wanted to, but I mentally I can do it.
Okay, Okay, I got it.
There's one point where he does grab my wrists and he says, to f and do it?
Whoa whoa, whoa whoa, to wait wait to e f and do it?
Do what?
So to hurry up and get his paperwork done because in his eyes now it's just taking too long.
Geez, did you start feelings?
He grabbed a like hard, like like or or like.
Gentle It was gentle like and and he so he.
Gently puts his hand on on your wrist and says, just effing do it.
Yeah what?
Okay?
So I finished his paperwork, We get everything, and at this point I'm just feeling more uncomfortable. So I tell him, let's go see if your trailer is ready. So we walk outside, walk towards his trailer. His trailer is all the way in the back, not all the way in the back, but like midyard in the back. So all of my guys are in like our PDI area with the cameras show them, but it doesn't show where I'm at.
So did you did your office have a camera at all or any recording equipment?
So the office does, but it doesn't show. So and that's one of my biggest problems that I'm having right now is my corporate office did not release all of the camera footage.
Well, okay, are they thinking you're overreacting? I mean, what's what's your gut feeling? Are they thinking you're overreacting?
I think my feeling is they are just protecting themselves.
Okay, I want you to hold on. I want to get John Fuller's perspective on this, and that that's that's strange.
I mean, it is and I'm not sure how.
To take it. It's I mean, it's obviously unwelcomed and wrong. I don't think anyone has to be told don't say that to me. When he says, hey, if I'm going to get the spait tired. The only way I'm getting that is you've come over to my house and do squats and other things that that that's just I mean, that's off base. It is it's it's off base, even for a presidential candidate.
Hold on a second, I'm.
Just kidding around. I shouldn't kid Actually, I'm sorry about that. Really I shouldn't kid about this. Let's let's talk about this though. Hold on, I'm Tom Martino three three seven one three talk is our number and eight eight eight heating dot com speaking of the cold coming. They do the deep clean and they're honest. They've been with us
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two five five. All right, Tredana, I want you to hang on, but because I want to finish up with Jennifer and see what we can do, if anything. John Fuller Fuller Law, let's uh go to John. And John, what I'd like to know is you've heard this story. Put on your hat as a prosecutor or not, you know, as somebody who sues people and and you may not handle a sexual assault, personal injuries and stuff like that, but you're still have the legal mind and handle these
things every day. So what is your take on what she has told us? And for those listening, you can go back and listen to the feed, But what.
Do you take on this?
John?
Did it go beyond what we've heard so far?
Well, don't you think?
Okay?
Oh wait, she said yes. But I want to ask you something.
Isn't it kind of unacceptable what's happened so far?
Are John? Well? It is?
I mean clearly that's not an acceptable response or environment for an employer to put an employee into, you know, that deal. However, I have to say, as a guy that does this every day, one of the critical ingredients that we would look at is damages.
And so yeah, I'm waiting to hear.
Okay, so what happened then? Okay, enoughset I totally agree what happened then, Jennifer.
So when we went over by his trailer, we were over there and he it was more I was trying to get out by the guys so that it wasn't alone in the building anymore, just because the comments that he was saying, which didn't help. The guys weren't paying attention. When we were over by the trailer, it was almost the same thing. He was like pushing my like my shoulders down towards the trailer, so that I was more or less bending down again.
Wait, wait, how did he do that? Did how did he do that?
He literally pushed you, like aggressively, like putting his hands on my shoulders and pushing me down towards the trailer, Yes.
Down towards the trailer. What and why was he doing that? When was he saying anything while he was doing it?
Because at that point, I and this, so this happened over a year ago. We just finished his case.
Wait wait wait, wait, wait wait wait, but hold on, hold on, one thing at a time. Okay, you told me it was a year ago. But one thing at a time. He was pushing you down. And then what did you say anything at that point?
I didn't.
Again, it was all a sheer thing.
Okay, Then what happened?
Then what happened?
I remember my my coworker did come over because he was going to put on his plate, so it's temporary place.
Well, what was the purpose of pushing you down? Did he say, take a look at this or when he was well, I don't understand. He's pushing you down. He wants you to go down to look at the trailer. Did he say anything, take a closer look.
It was about the tires, because he said I could have gotten the tires. So when his trailer came, it had no tires on it, and that's what we were waiting for, was his tires to be put on.
You no tires or tires.
He didn't want.
All of our tires. All of our traders come with the same tires, so he gets the same tires that all the trailers have. But it was just having to wait. So when he originally came, there was no like tires on his trailer. By the time we went outside, the tires were already put on his trailer, and so he made the comment of I could have put them on and he would have enjoyed watching me put on his tires.
All right, So then what keep going?
Keep going? Okay, keep going.
When Destin came over, I remember he was one of my coworkers. He was the one who gave the or put the plates on. I remember giving him like this look of almost like help me, kind of look. He didn't really pay attention. He put the place on and walked away. So at this point we're just kind of talking about the trailer of like what's gonna happen as far as them hooking up.
This trailer.
Cast making these clue comments of how they're not paying attention. He could get me into one of these like cargo trailers, and were standing by a cargo trailer about getting me into one of the cargo trailers and nobody would know. And I made the comment of it's too hot. It's like trying to make a joke out of it instead of it being like a.
Yeah.
So I'm standing now at the front of the trailer and he's kind of behind me, and as I'm standing there watching like the guys, hoping that one of them would come over, he then kind of crosses my back and as he's crossing my brack, he moved it down touches my butt and then touches my vagina kind of like hooks my vagina, and then I turn around real quick and tell him I'm gonna go see if where this progress is. And I walk away, and then I go inside and I start crying.
Wow, God, dang it. So he touched your buttox and your vagina and then you should have just okay, Well, I'm not going to tell you what should okay?
You went to start grag? What did he do at that point? Did he leave? Finally?
Did you call help? What did you do?
So?
He So I'm inside, I start crying. I go to the bathroomster crying, and then I go into like our lobby. At this point, Dustin, one of my coworkers, comes inside, sees me crying, ask me if everything's okay. I said, he touched my butt. At this point, I didn't tell anybody that he touched my vagina because that was more just keep going.
So so I want to know this. Did anyone say anything to this guy or did he just leave?
So that was more.
Dustin was going to go.
Out and kick his butt. I told him no, I made Dustin stay inside. Well, I ended up going and telling Chris that something happened. Chris came inside. I told that's what happened. Ye, we called hr HR because Chris didn't know what to do. He's my manager, all.
Right, hold on, hold on, I'm ready.
I'm ready. At to Jennifer, I'm trying not to rush you, but at the same time where John is trying to get a feel for what this is as far as damages. So hold on, I'm Tom Martino three three seven one, three eight two five to five. Go with a sure thing Denver's best roofer Excel roofing dot com. You don't pay a cent until you're content, wait time for an
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two zero sixteen twenty two. Hi, Tom Martsino three all three seven one three talk three all three seven one three eight two five five Jennifer, I do, I do want to get to a point where we can give you some recommendations. I want to know something in the past year. What's been going on? You said this happened last year? What's been going on the past year? And you said you just finished with the case. Did you sue this gentleman?
What happened? I'm guessing they criminally prosecuted him?
Did they?
Did you report?
Okay, so you did report it to police?
I did, but it was more just the support of the company.
So I have yet to hear what I want to know this did the police? Was he found guilty?
So because of evidence or more or less because of camera footage? How everything was set up, the footage that my company sent, they got him with just the harassment charge.
Okay, fine, so that's done. Now what are you calling about today? Are you upset with the way the whole thing was handled?
Absolutely with my company? Even now, like I said, from my like my HR department rolled me that day that happened, and I haven't heard from them since. There was no Okay, I'm the first female that was hired at this company to work for.
What do you want a law?
What would you what would you have considered to be acceptable from your company?
I mean just checking in. There was no counseling, there was no I've had to use my days off to go to these courts that have been continuously put off, and then I mean it's been a continuous there's just no support at all. I've been like I feel like I've.
Been Are you there?
Are you still there, Jennifer?
Yes?
Okay, John. Does she have a case against her employer?
You know, No, I don't think so.
I mean, I unless there was an actor that was part of the employer, and under these circumstances, I think what you have is a failure to act. Well, you know, it's it's that you know, maybe if if the damages were greater and you could point to a failure of the company to put in protective safeguards and stuff, then I think that maybe you would have the grounds to go forward. But I still didn't hear. I mean, did it go beyond the touching that you described? To us, Jennifer, No, I think.
I mean that was bad enough. You know, I'm just asking did it?
I mean, she's she's saying they could only get the harassment, which tells me that's push show touch. You know, that's a that's a barely basic threshold misdemeanor type.
You know case.
Were there allegations that it went way beyond that. I just need to know what you know this and we can ask her that off the air.
But right now, Jennifer, I don't know what you were trying to accomplish.
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Come Dick is the Troubleshooter Show. No Tom Martino, Hello.
Tom Martino here, Welcome to the show.
Three oh three seven one three talk three all three seven one three eight two five five. Welcome to the show. Our guest is John Fuller Fuller Law. He's a personal injury attorney. If you look him up online and google him, you'll see what he does. He helps people with car accidents to get their rights basically so they don't ruin their rights. And anyway, he's with us today. John, Welcome, and I want to just go over something real quick.
I'm going to first take this call and then we'll go over at the previous call because a lot of people are asking what was what does she want?
We don't know what she wanted.
We really don't and I don't mean that in a bad put down way, but we don't know what she wanted.
We don't know what she's asking for.
And a lot of times that's a problem, or not a lot of times, it's always a problem.
But I need to take Jordana.
She's been waiting so long, and we have John Fuller, whether she's talking about a car accident.
Jordana, what's going on?
Why? How are you good?
I'm doing good and I hope we can help you. What's going on?
Okay?
So well, I want to start about regarding my son's accident that happened August seventh, Stiff, I get emotional. August seventeenth of twenty twenty two. He actually got killed on the.
Road on his Oh, oh my god, Oh my god. So your son got killed in August of twenty twenty two. Yes, oh, what happened?
Sorry?
He was on his way to get medicine for his girlfriend and coming down the road a company truck fifty to eighty seamless gutters. They are located hest minister the drive. The driver of the truck turned to soon. My son had to ride away. The truck turned to soon cut him off and he ended up being pronounced ben.
At the scene.
So, Jordana, Jordana, I'm honest to God, my heart to lose a child, I don't even have words, but I need to ask them details. This was a commercial truck that ran into your son, Yes, and it was eight eight eight seamless gutters. Did you say no?
Fifty to eighty. I'm sorry, I'm sorry, I heard.
It fifty to eighty. Okay, I need to know this was were they given a ticket?
Not that night of that night of the of the accident, they did not get a ticket. Nobody got arrested, No one went to jail. They did do blood work on the gentleman. Uh, yes, Hernandez, Yes, we came back three months, three months later that he was yeah, three times the legal limit of Oh.
Was he arrested? Then was he arrested?
Then they rolled out?
Did you say you know what?
Hold hold on? Hold on, danare Dana? I'm sorry, dear, this is we need to know a lot of stuff and we can't just gloss over it. So when you said the driver's blood out, was it blood alcohol or blood THHC?
Blood THC was three?
Is there a legal limit for that, John, Well, it's yes, there is, but it's a very tricky thing because a legal limit of THHC or any limit of THC doesn't necessarily correlate to impairment.
So that's still a very high limit. Though. Go ahead, ma'am, tell me the rest of your story.
Yeah. And so when we so in December early January, we got letters saying that they are charging mister Hernandez for an accident, but they are charging him for careless driving and under the influence, So two separate charges under the influence resulting in death. Two years go by if we don't get to go to trial until two years later, which just ended in August. The investor we had three
different witnesses on the stands on our side. One of them was the eyewitness that witness the whole accident, the second one was the officer on the scene after Daniel McDonald's he was from West Minister Police Department. And then we had a toxicology report on on our side to testify.
Are you speaking Are you speaking of the criminal aspect?
So far? Tom?
Okay, so far? This is a criminal court.
Okay. Did they convict him?
Yeah?
Okay, Well so it's it's a long well let me say this. So when we went to trial, you know, they actually ended up seating us in the same area and in the same role as his family because they didn't have no room. We got provoked during that time. We wore my son's shirts, like you know, his picture on the shirt we had. We had a picture frame with us because we didn't know we were going to go to immediate sentencing a week later. They the courts
told us to take off our shirts. They told us to be they have to take ours because we're intimidating the defendant. Okay, so and so let me go back to a little bit when they had off to Daniel McDonald testify on the stands. You know, it was very sloppy. He didn't care.
But your dana, are you if he was ultimately if he was ultimately convicted, what are you tell me about there? Rather than you know, these little little things in the trial. What are you are you complaining about the ultimate outcome.
Everything? We weren't. We weren't in the when the DA was trying to put the charges on Hernandez. We were not in the decision making of that. We had no say anything. So they found him guilty of driving under the influence for the second time. So this is a second offense. And they found him not guilty on the careless driving.
Now wait, that's fine, not guilty. You've got a couple of questions. Did they still found him guilty of the UI causing dad? So they got I mean, that's that's a big serious charge. Did he did you just pursue this.
But that's he did have a child and he does have a daughter, so that civil case against the company is being you know, it's being pur stood by the girlfriend and everything.
No, no, Geordana, your dana, jrdana, hold on your dana. Wait a minute. How old was your son?
Thirty?
Okay?
And her next to kin?
Okay?
It wasn't your son. What what is it your son or not?
Yes, it's my son.
Okay, your biological son.
And he was married or or common law married, they had a child together, and that woman, his spouse or his significant other, is suing the company. Is that right?
She is trying to pursue a lawsuit against the company.
What what does that mean?
Trying?
Does she have an attorney?
Lawyer?
And did they file was an attorney? Did they file a lawsuit?
I'm sure they did tell me.
I believe.
I believe so, I believe. So it's just okay, I just don't. The reason why I'm calling is I don't feel like my son got justice. It's not about the money. It's if they gave the defendant thirty days of health arrest.
That was it for a dui causing death?
Yes, sir, yes, that that's I'm speaking justice for my son A two and my son like roadkill.
Oh John, Is that unusual the thirty days of house arrest.
On his second offense.
Yeah, so, I mean, no, it's not. It tells me that there was something going on with that prosecution. There was some problem, some error. I mean, if it's just that could be back to what we talked about earlier, where the level of THHC is is certainly a problem, but it's not necessarily indicative of impairment because it's you know, the level of impairment on any given level of THC could could equal a different level of impairment for you or I or ten different people, and so it's challenging.
So I don't know what happened in that case.
What I can tell you is that hold on in this in this circumstance, Jordana, you got to you got to get your justice on the civil side of things. Nobody's ever going to feel that you got justice is strictly in the criminal side as a victim. That I mean, you can put somebody in jail, but you can't ever
bring back your son. And the purpose of the civil course is to balance the scales and bring back and undo as much as you can what was taken away from you and in this case, taken away from his child because as a grown man and at thirty, he's a grown king.
But I have a question, John, the child, John, I have a question.
Does this woman as the mom, also have a civil case against the company or just or does she not have standing if she wanted to down the list?
She's down the list this because he has a child. That child is going to be the presumptive party to bring the action. The only way that the mom would be able to bring it would be if the child or a spouse disclaimed the claim and chose not to do it.
But they don't both have claims. They don't both have.
Okay, No they don't, so they don't, okay, So her pursuit and to go ahead, yes, ma'am.
On the so if you had a witness, which is the lady that did the blood tests, she was a specialist on the toxicology report. The DA asked her a question. He said, did his driving that night? Did his level of TC that night impair his driving? She said yes, but that's.
But he was he was convicted of that.
See I'm not sure what more you want.
He was convicted of that, but you feel he should have gotten a harsher sentence.
Yes, yes, I feel like you know, I'm not asking him to do a life sentence, and as an accident is an accident. But at the same time, he's back driving the same truck, he's back working at the water company's.
He's working for the same company.
Yes, his his father owns the company.
Oh well, that okay, all right, all right? John, Do you do you have any advice for her, because Jordana, I'm not sure there's anything anyone can do for you other than the you know, the the spouse seeking damages for the sun. But I don't Jordana, I don't think you're going to get this case reopened. If that's what you're trying to do. John, Let's give her the truth at least right now.
Yeah.
The truth of the situation is that the criminal process has run its course. For whatever reason, they got the conviction that they got. If it went to trial, that was the decision of a jury after hearing all the evidence. I can't speak to the courtroom, theatrics, the shirts and you know, wearing all that stuff, But you know, the bottom line here is that that process is over, and as a victim, you don't have the ability to go back in and say, we want a more harsh sentence
or we want a more you know, serious charge. I mean you have to leave that to the DA to make those decisions. Yes, as a victim, you have the right to be heard and to you know, participate at every stage. But on the civil side, I mean that the child is the presumptive party to be pursuing this.
I'm glad they have an attorney. I'm glad they're pursuing it.
I can't imagine that this person would be driving, but with the family owning it, you know, that just seems crazy. And I can't even imagine that their insurance company is going to let that person drive for very much longer. And that child should, based on what you've told me, be very well taken care of by the time this is all said and done.
Yeah, and I hope they have a good representation. Listen, Jordana, there's not much we can do. You can leave the name of the attorney off the air. I'd like to know who it is, just for the heck of it. We can look them up I'm Tom Martine three three seven one three TNKS seven one three eight two five five Compass Insurance Groups. Speaking of insurance and speaking of all of these terrible things that happen, make sure you're you're well insured, or make sure you're not paying too
much for that insurance. Get a free insurance check up three oh three nine ninety six nine thousand go with a sure thing Denver's Best roofer Excel Roofing dot com. You don't pay a cent until you're content. Time for an insurance checkup free, no obligation. In comparison, call Compass Insurance. Paying too much your coverage at dozens of insurance companies find out now three oh three seven seven to one help.
You'll think you're his only customer when you choose Frank durand the real estate Man dot com to list your home with Remax Alliance three all three nine two zero sixteen twenty two.
Hey, I'm Tom.
Martino three all three seven one three Talks seven one three eight two five outlets. So Jennifer called in the beginning of the show and she had a really I think it was it was a terrible thing happened to her at work and the guy was prosecuted, and I want to know a couple of things here. First of all, the guy was prosecuted, and she doesn't like the way her company handled it. But basically the cops did charge him.
He did only thirty Wait, wait, that's the one. I'm sorry, I'm sorry, I got it, Okay.
So so she went.
She was harassed and assaulted, and I believe was he convicted of harassment? Yes, but you don't like the way your company supported you, and you wanted to know if there's anything you can do about it, John, what do you think?
Well, my thought was that you know, this was during the courson scope of her employment, and so you know, maybe the first avenue for you would be to pursue a work compcase and try to get some of the counseling and treatment that you think is warranted here or necessary. You know, I don't really see a civil case here against your employer. I don't do a lot of these cases, but normally, when we have a case, there's a bad actor in the employer, and that means a boss, a supervisor,
or whatever that's not really present here. What you're saying is they failed to understand while you were being subjected to bad things, but were incapable of articulating those to your boss. I mean, you said yourself numerous times. I didn't say anything. I didn't say anything. I didn't say anything John.
What about after? But what about after John? What about after he was charged? I think she was hinting that they didn't cooperate enough. They didn't give enough video, they didn't give enough evidence. What about that?
Well, they got a conviction, Jennifer, not of the assault. It's just with the police or.
What, Jennifer, you say they didn't cooperate fully?
What do you mean? Exactly?
So with the defense attorney. So when she called to get more of the footage and stuff, they straight out told her that they destroyed the footage, that they didn't have it anymore for her to look at.
Well, hold on, they told that to the to the defense attorney.
Right, So it's the same thing now if I it's just like me telling all three my manager, my assistant manager, and my other employee that I was uncomfortable and now that footage has gone as well. So it's the same thing that I'm feeling, where I feel like that information that I'm telling them, and that.
Would you do, John asked, what would you do with the footage if you did have it?
Well, I mean, I feel like that's proof that I told them that I was uncomfortable and they still left me in a situation.
Where they they didn't cause it at all. You're saying that it would show they were negligent. Absolutely, How would show they were negligent.
Any of this? So, before any of this actually took place, there was already planned in place that one of them would stay with me at all times, and none of them did. They all left me.
Wait wait, wait, they all left you way camera, Jennifer. Wait they left you when when he came back?
Right?
So, when I told him I was uncomfortable with that man?
Hold on, hold on, Jennifer, hold on. You told him you were uncomfortable with that man? Yes, and then he came back and they knew he was back, they knew you had felt uncomfortable, and still did not accompany you. Right, Yes, Okay, I'm trying to I'm trying to make that very clear. Okay, So on the video, would it have had your audio on there of you telling them that?
Absolutely?
They record say I'm not going out there with that guy. You're going to have to send it, send another salesperson out there.
Yeah, yeah, I would you have said that here.
But I'm really, I'm really trying to figure it out, Like what what did you want them to do?
So again, I mean, it's still the same.
She wanted them to accompany her. She wanted them to recognize she was uncomfortable without her having to formalize it in the absence of that.
But in the I know, I got that. But in the absence of that, why didn't you not go? I mean, why I get that they failed you.
You could have said, Jennifer, you could have said, listen, I told you I'm uncomfortable.
I'm not going out there with that guy. You better send someone else.
Could you have said that.
At what point when they were all gone and I was left alone with him?
No, the second time he came on to the lot, you could have said, I'm not dealing with this guy. I told you I was uncomfortable with him.
When they all left and I was again alone with him, when.
Did you Jennifer Jennifer, Jennifer, Jennifer, Jennifer, Jennifer, you gotta listen, I'm asking this. The first time he came you told him you were uncomfortable. Second time he came. Let me ask you this. The second time he came, where were your coworkers?
They left?
They went out by okay, they.
Left before hold on, John, just wait please? Did they leave before he arrived?
Yes?
Then how can they be blamed for leaving you alone if they did not.
Know he was coming coming back?
Did they know what time he was coming back?
Absolutely, they all knew he was coming back at two. It was a scheduled thing.
Okay, So they should have said, by the way, Jennifer, that man is coming back at two. I'm going to stay with you.
Yes.
Could you have said, guys, wait a minute, I need someone to stay behind here because at two o'clock that scary man is coming back.
Could you have verbalized so.
Too, and you guys are not here? Where the heck?
Are you right?
It's coming back?
Could you have done that?
I mean I could have, yes, But I was coming back off of lunch and I literally talked in and he was there.
Okay, Jennifer, I know I'm not trying to Honest to God, I'm not trying to attack you.
I do believe you that you are uncomfortable.
We're just asking these questions, because these are the questions you will be asked if you tried to pursue something now. So okay, so it's what do you want right now? Have you ever pursued civil action against him personally? The man John could?
I don't have anything for him now they've destroyed all the evidence. I have nothing to prove anything now, okay.
So, Jennifer, how many how many.
Times I have a phone call from the officer in him?
How many times before?
How many times before has this happened to you with a sexual harassment or assault?
I mean, this is the first one that's ever been recorded.
But how many times? Though? But you said you were traumatized? How many other times has this happened?
I was raped when I was sixteen.
Oh my family friend, Oh my god.
Okay, okay, well, and then.
My sister's father molested me from the time I was three until I was eight.
Oh my goodness, Jennifer, Are you getting counseling and stuff? By the way, I was, yeah, Are you still no?
I can't. I divorced my husband last year and I can't afford it.
Now.
Well, there's help available where you don't have to pay for it. Seriously, I'm serious, Jennifer. I think you need to deal with this now.
Now listen.
I understand why you're upset, but I have a feeling sometimes people and I don't mean this as a negative, but you're lashing out at your employer. You're upset with the injustice of it all.
Get it.
But I think there is trauma that you have to deal with so you can feel better about this, I mean about yourself and stuff.
I think there's more to it.
But that's it is.
I worked on that. That's not what happened. Is when he touched me, it brought up a lot of other stuff, absolutely, and I went to the counseling for that.
Okay, So it's not like I haven't.
Worked on myself. It's not like I haven't done it. It's the fact that I told my manager.
Yeah, I know, we get it. They're saying, I get it. You're saying they were negligent.
John. Is she going to have a negligent case against her employer? Do you feel if she came into your office?
Yes?
Or no?
It would not be a case that I would pursue. I mean, I listen, there are people that really specialize in this, in this kind of stuff. I think the difficulty you're going to have is that the damages haven't been fully you know, they're not fully mature. We don't really have a you know, a long list of medical expenses and stuff for the counseling. I mean, it's it's a tragic story, but I just don't think it's gonna mature into a civil case.
But I could be wrong.
I mean, you've got a horrible history, and I feel really bad for you, but I just don't know that this one has all the ingredients to fully mature into a case.
And Jennifer, you may want to call attorneys that specialize in this negligence and for this sexual assault, but at this point, to be really straight with you, we don't. We don't see a strong I think you you might want to, I don't. I don't think you're going to get anything from there. I don't. I don't think there's going to be a load of damages, maybe psychologically if you find the right attorney, but we don't know of anyone. I'm sorry, And again I do believe you, and I
do believe maybe they took it too casually. Maybe they did, you know, but I don't know if there's a legal case there. I'm Martino three oh three seven to one three talk go with a sure thing Denver's best rufer Excel Roofing dot com. You don't pay a cent until you're content. Time for an insurance check up free, no obligation comparison call Compass Insurance paying too much your coverage at dozens of insurance companies find out now three oh
three seven seven to one help. You'll think you're his only customer when you choose Frank durand the real estate Man dot com to list your home with Remax Alliance three oh three nine two zero sixteen twenty two. I'm Martino here three O three seven one three talk three seven three eight two five five. Let's go to the phones and Marlene, what's going on with you?
Marlene? I'm Tom Martino. What's happening? What's happening? Marlene?
Hello, I would like to hire a summer Hello.
Okay, what's going on?
Yeah?
What's going on?
Well?
Yeah, I've been frauded by a couple of different reputable plumbing companies. Come in and they're looking for something else, doing something else, not what I've asked now. Just yesterday I called one of your guys off the referral list because I need someone in here.
Yes, what do you?
First of all, what is the issue you're calling about, Marlene? As far as the plumber, well, traud.
By, misrepresentation, folks that have come into.
My home, I understand.
But before before that, why did you call a plumber to begin with?
Oh?
Oh, well for a couple of different things.
So we're backup?
Was the initial a couple of years ago? And then now I've discovered that my indoor, my water, baseboard heat HIPing, the copper piping has been systematically removed and replaced, and my hold outside of my area of my house, the inside of it is like torn up. It's it's been You can tell that people have been dealing with it, messing with it. I wanted to turn on my heat, and I'm afraid too because of the baseboard heat hyping beams.
Here's what I want to ask you, and Marlene. I asked this just because I please just go along with me. I want to help you. I need to know.
And this is going to sound like the strangest question in the world.
A few years ago, when this sewer backup happened, was anything else going on in your life.
Oh yeah, my husband had just passed away.
Okay, all right, So then it was after that you found that people were messing with you?
Yes, yes, okay, now okay, Now does.
That mean when they were messing with your plumbing they were somehow getting inside your house or were they doing it from outside?
Both?
And do you find people lurking around your house.
Sometimes?
Yes?
Do you ever get up in the day, did you ever get up the next day or somewhere and people had been screwing around in your house?
Well, I'm not sure, probably, I mean I I was just.
Saying I'm not trying to lead you on. No, No, you don't have to say yes. I'm just trying to figure out the extent of this this stuff going on with you. Do you have kids?
I do, okay, And what do they say?
Well, my youngest moved out some months ago because I couldn't leave her here alone. It wasn't safe.
So why wasn't it safe? Hold on, hold on, why wasn't it safe?
Because folks keep coming on the property and coming into the house and I've made peach reports and.
You say coming into the house. I asked you about that, So how do they gain entry.
Well, that's a good question. The best question is a million dollar question. Clearly they've gone to the back door, has been like you can see where it's been, you know, just chicken in.
Okay, So you called someone, mare Lene from my referral list, to come out to do what to do? What?
I wanted somebody to look at the pipes my before heating pipes that leads to my boiler. Yes, and I didn't turn one zone on because the pipes looked like they've been messed around with. I didn't know if it was safe for me.
What did they say?
What? What did they say?
They said that they only did water heaters.
Okay, I said, well, and who was this that you called?
I called euro euro Plumbing.
Oh okay, uh huh yeah they yeah.
I don't think I heard them on your show.
But I don't think they do boilers. They're right about the Yeah, I'm sorry they do boilers.
I didn't ask them to do boilers.
They do.
They do total pipe inspection and replacement, according to.
Their Yeah, yeah, yeah, repiping, it's called repiping.
Yes, I reping.
Yeah.
So I just wanted somebody. I didn't want someone to even look at the boiler. I wanted to see that the pipe, the baseboard heat pipes were intact and say for me to go ahead.
And turn on this.
Now.
Are you saying that all plumbers that you have called not only are the people messing with your home, but all plumbers that you called have been ripping you off?
No, I'm saying that all plumbers that I've called have been My calls have been intercepted, and I was hired reputable for example.
Swan Uh.
Now, what do you mean intercepted? What do you mean your calls were intercept were intercepted? Intercepted?
Well, it feels that way.
It feels as though they've been intercepted, like yesterday when I called, Okay.
Hold on, Marlene, I have to take a break. Please, please don't hang up. I I want to I do want to talk to you. I took down copious notes here. I'm Tom Martine three oh three seven, one to three talk hang on, go with a sure thing Denver's Best roofer Excel roofing dot com. You don't a cent until you're content. Time for an insurance check up free, no obligation. In comparison, call compass insurance paying too much your coverage at dozens of insurance companies.
Find out now three oh three seven seven to one help.
You'll think you're his only customer when you choose Frank durand the real estate man dot com to list your home with Remax Alliance three oh three nine two zero sixteen twenty two. Hi Tom Martino here three oh three seven one three talk three oh three seven one three eight two five five. Welcome to the show. Let's continue here, And Marlene, I, I know you called me because you trust.
Me, right, I don't trust anybody?
Do you trust? Do you trust me? I?
Look, well, well you picked me. In another word, I didn't call on you.
I do have some plumbers that I know you can trust that could truly find out if you have any throwng words of plumbing. Marlene, I'm going to tell you something, and if you don't like me after I tell you, I still want you to remember me because I'm going to invite you to call me back when you if you give it some thought. But honest to God, I'm only saying this because of my mom. I swear to God, you had an emotional trauma when your husband died, and
all of these things happened after your husband died. Now, wait, I'm not saying you didn't have problems. You could have had plumbing problems, you could have had various problems. But the fact that you're saying that various people are getting into your house and sabotaging plumbing and different things. I feel there could be a psychological component to this, and I urge you. I truly urge you, because I'm concerned for you that you get some help. And I don't
mean you're crazy. I swear to God, I don't. All of us have varying levels. In fact, I don't believe there is anything as normal. I think we all have varying levels of emotional trauma, distrust, mental illness of some kind, and it's only our ability to cope with it that helps us survive.
We all do.
In fact, when someone thinks they're completely normal, those are usually the sickest ones, or they think there's nothing.
Ever wrong with them.
I believe that after your husband died, you were expecting almost things to happen, and I think you looked a little too hard, and maybe you're putting stuff together that doesn't belong together.
Maybe your daughter mentioned this to you.
I don't know.
I don't know if anyone else has ever mentioned it to you, But I don't want you to think that I don't want to help you. I promise you we'll look at your plumbing. But I think you might have an emotional component to this where you probably have some stressors because it's a major deal to lose someone, especially were you too close you and your husband.
I'll tell you what if you think I trust you and you want to hear what I'm going to tell you, Uh, my husband and I had issues. And that's that's not even the reason why I'm calling. The reason why I'm calling is because I've been frauded by several different reputable companies for plumbing for my vehicles. I've been vandalized, I've been robbed, I've.
Had so Marlene, do you feel not say?
Oh, can I finish what I'm saying?
Please? And then I'll have to finished.
I cannot. You cannot substantiate my mental health, uh and do the math with the materials and tools and things that have been stolen from my home.
You can't.
You cannot tell me that you're going to help me when you're worried about my plumbing. It's a bigger picture than.
That, Marlene.
I believe that you have a lot of things that you've collected that have happened to you.
I'm not saying they didn't.
I don't think anyone's out to get you.
I don't think anyone's targeting you.
Hold on, go with a sure thing Denver's Best Roofer Excel Roofing dot com.
You don't pay a cent until you're content. Please time for an.
Insurance check up free, no obligation comparison call Compass Insurance paying too much your coverage at dozens of insurance companies find out now three oh three seven seven to one help. You'll think you're his only customer when you choose Frank durand the real estate Man dot com to list your home with Remax Alliance three oh three nine two zero sixteen twenty two.
Rip you need so you.
Don't have.
Come runs as can. Shoot's gonna help come man.
This is the Troubleshooter Show. No Tom Martinez, Hey.
Tom Martino here, Welcome to the show.
Three zero three seven one three talk three oh three seven one three eight two five to five. And for those streaming, there's John and his pretty face he's up and we're talking John Fuller, Fuller Law. He's a personal injury attorney in Denver, by the way, and that's Fuller Law f.
U L L E. R.
If you google him, he's on UH and when he's not here is at three oh three five nine seven forty five hundred and he he answers a ton of questions for my listeners on personal injury. I know a few times he's gotten calls on consumer issues because he's so synonymous with the show. But in any case, we are here talking about everything. You're near and dear to your heart and pocabok. We we've had some issues come up in the past about emotional trauma when it comes
to work or when it comes to other things. John, Do do emotional injuries ever enter into or emotional trauma into personal injury in accidents of any kind?
Absolutely? Yeah.
Give me an example of how that could happen.
Well, it could be that you you know, we're in a very serious accident and a family member passed away right next to you, or you know, some people are severely traumatized by just the happening of an accident and have serious anxiety driving, you know, going forward.
As an example. So we deal with those issues all the time.
Driving cases sometimes are you know, have a significant emotional component that we have to you know, we have to deal with. Fortunately, there are professionals that are really good at helping people through those issues, but we frequently have to use those people.
Very interesting.
So emotional trauma is definitely part of the personal injury picture.
Is what we're talking about basically.
And what are the more unusual components that would go into a personal jury? Are there any unusual ones like I don't like? For example, John, years ago, I hesitated to bring this up. But years ago, I was in an accident. There's someone had no insurance this and I decided I was going to handle this. This was many, many years ago for a personal injury, and I went to my own uninsured motors coverage because the person didn't
have coverage and they were treating me like the enemy. Now, I guess I should have hired an attorney looking back, but I thought, you know, my injuries aren't that bad. Let me just get a check, you know. I mean, I'm just telling you what I was thinking, and people probably do think that. I don't know, But so I was talking to them, and it had to have been John, honest to god, forty years ago.
Okay, So I remember them offering me.
A check right away for ten grand and I thought to myself, my goodness, maybe I can get more. And but one of the things then they asked for my a list of damages. Now, obviously, you know, I didn't know how to handle I knew nothing about this. In fact, at the time, I wasn't even representing a personal injury attorney. So I put down as one of my damages a vacation I had to cancel and they upped the offer after that, and I was wondering, did I do something
by Obviously I might have done something by mistake. And I'm not recommending people do this on their own, John, I missed vacation that was a damage?
Or what?
Did I just luck out there? No, it could be a very legitimate damage.
I mean, you know, people sometimes have to book some of these vacations six months, maybe a year in advance, and then you find yourself unable to go on it.
It's absolutely part of your damages.
So you know, you can't say vacations you know, in the blank or something, but you know, listen, damages are unique to the person, and it may be different from you than it would be for me, or for my neighbor, or for you know, the guy down the road, for some guy. It may be I can't you know, I don't have the ability to launch my boat anymore, right, My My one great joy in life is fishing, and I can't you know, I can't get physically into my boat anymore to go do that, and I've lost that thing.
So I worked my entire life. I never thought of that was retiring and being able to enjoy this particular activity, and I can't do it anymore.
I never thought of that.
So I if I love flying, and and I'm not a commercial pilot, I don't make a living at all at it. But if I lost my ability to fly because of an accident, that would be a loss because of enjoyment.
Absolutely it would a significant Okay, all right, being the same could be dropped somebody that can't physically ski or ride their bicycle or the horse, you know, right, yeah, yeah, absolutely it could. Just there's a thousand things that could fall into that category that it's part of my job to help figure out how to quantify and articulate what those losses.
Are very very interesting. John Fuller, b let's talk about your camper.
What's going on?
B Okay, So I bought a camper, thank you. I bought a camper back in February. We started taking it out in me and what kind of camper, by the way, it's a fifth Will Grand Design Reflection half ten one.
They're wonderful. They're really nice.
Yes, And I use the stove for the very first time. It has that glass that smoke glass top.
Well, when was the first time you used it?
What month it was?
Me?
It's for Mother's Day weekend.
Okay, And that's when you used it? And what happened?
And I closed this, I cleaned the stove and I want to go close the glass and the hinges for that bifolding glass.
Yeah, yeah, got caught.
And it hit something and it just shattered all over. And even to this day it shattered so much that even to this day when we moved the camper, like when we were taking.
It out now, it did it shatter because of something you did wrong? Would they say or is it a warranty issue? That's the part I don't know tell me about.
They said it's under warranty and The thing is is that the hinges got stuck. How they got stuck, I have no idea what.
Okay, it was a glass. It was a glass cover that you fold out over the cook top.
Right, yes, yep, I know what you're talking about in an RV. So that that got stuck somehow and shattered.
And okay, so did they fix it?
No, the hinges you can even till today, those hinges are still stuck. The glass is completely gone. We cleaned it all up. But my biggest concern is not about the glass. I could care less if they put the glass back on. My biggest concern is that the glass fell into the oven from the openings on the glass top. Yeah, because it's not completely stilled. So if you open that oven to this day, you'll steal from when we moved a camper, I still find glass particles in that oven.
And I'm afraid to use the oven. And I've asked him that.
Hay, So what do you want?
You want? You want it replaced?
Yes?
For safety issues in this John, What do you.
Think about that?
I mean, it wasn't the oven that was malfunctioned, and and it was the cook Now is this a one unit that the cook top and the oven together. Yes, what do you think of the argument that now I can't use it because there are shards in there?
Was that the type of glass man that breaks into a million little pieces?
It's like, yeah, tempered glass.
Yeah, yeah, of course it is.
Yep yep, yup.
So that's the type of glass. It's probably not very likely to to cut you if you stepped on it or something.
But what if you ate it?
What have you ingested? A few parts of it? Would?
Tiny pieces of it? Is that what you're afraid of?
Bee?
That is going to get into your food somehow?
Yes, that's my Yeah, that's my fear. It's a safety thing.
I'm like, who wants Did they at least.
Offer to cleaner? Did they at least offer to.
Clean for you?
Be? Yes, they said they'll clean it now the kindness of their hearts, they're going to replace the glass, And I'm like, the.
Glass is not my problem.
An argument, you're not. I don't think you're going to win the argument for replacing the oven. I don't think you are. It's not a defect. I know what you're saying. The defect of the glass of the of the hinge caused the glass, then the glass went into.
The oven, and yeah, I it would be this. I just don't think it's go ahead.
John, Yeah, So if I understand the glasses around the outside of the shroud of the oven and when you go down the road said shaking and stuff, that allows another piece or two to fall into the the main part of the oven.
Is that right?
Yes? For ye?
Okay, because it wasn't because because it broken right. Well, I want to know something though, when that broke, when that glass cover broke and it shattered, are there still pieces on top of the near the cook top as well?
Oh yeah, it listens up.
Have it professionally cleaned or detailed.
That's what they said that they'll do. And I'm just like as long, I'm just.
Worried about you know, my daughter's car.
Just my daughter's car just recently, just recently was part somewhere a few months ago.
It's being fixed right now. Let me explain this to you. A roofer.
Dropped something on her windshield, went through her dash, destroyed her cluster there and her dash and her the bar on her uh that that the on her windshield what they call the I don't know, it's port beam anyway, all of that. So it's all being repaired and there were shards of glass all over and they immediately the roofing company had the windshield replaced immediately temporarily and said, of course we're going to pay for this. And then
here's what happened. We hired o C Detailing. It's a young man and his brother and some people.
He knows.
They have this detailed company. They're not on the referral list yet. I gotta get him on there. They went and cleaned because of this and got every spec I don't know how.
I mean, these detailers are really good.
I don't know who your dealer? Who are they proposing? Do they say they have a detailer bee, No.
It's their own service department that's going to clean it.
Would they pay for a detail of that area?
Maybe you get a detailed and then they'll pay for that one air or a chip in for you. I mean, look at you can do whatever you want. You can have them do it. Maybe they'll do a great job. I think they probably would. Who's the dealer.
Compass Blue Compass RV in Colorado Springs.
I don't know them, but the fact that I don't know them is probably good. I've never heard of them. You may want to give them a chance, see what happens. And then once you give them a chance, say look, if this doesn't work, you know, then you you talk about getting another detailer or something. But I would probably I would give them the chance first. Then I think you'd even have a better argument. If even they couldn't get it out, then then you would have a better
argument for replacement. But I don't think you're going to go right for replacement. John, would you agree on that?
Totally agree?
Yeah, give them advant just let us know and then we'll we'll help you, Okay. Three oh three seven one three talks seven one three eight two five five. So we have more coming up, Larry, I'm going to talk about that toll road violation a lot of people are getting them, and then go fund me question from Drew. We all know Drew, if you've been listening to this show, I've been trying to help him. Dress up is go fundme. Although I don't believe it's going to help him.
I do not believe under.
His circumstances it will be quick enough or enough to help him. And he's facing excruciating financial difficulty.
More coming up.
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two zero sixteen twenty two. Hi Tom Martino here, Welcome to the show. Three O three seven one three talk three oh three seven one three eight two five five. Okay, So Larry, you want to talk about a toll roll violation. There are several of them we can talk about. People are complaining about them. I get them every month. What's going on? I mean, I don't get the violations, I get the inquiries. What's happening, sir.
Hi com Hey, there's there's no doubt about it. It's it's my trunk. There's a picture there on the violation that I got, but on the date of the violation, because there's a daytime stamp on there that my daughter has the car a big boulder. She goes to school up there, and so I asked her, I said, well, did you cross over to the express?
Lad?
She said, I don't know. It could have been one of my friends who I've left the car to.
Oh yeah, yeah.
Where do I stand here?
Well, it's a violation, I mean, first of all, it's an accusation, so you don't have to pay it and then you go to court, but you don't have to like to stand on these cameras. Look, I don't understand. I guess I don't even understand what you're asking. Are you saying? Because you were not driving, you should not have to pay. Yes, that's true if it's issue right, but it is your vehicle. I believe tolls are assessed
on the vehicle, not on the person. However, you're the one who made the violation, John, John Fuller, am I right on that. We've had this argument before. When you get a violation for the toll, it's not you can't violate a car. The car is evidence against the driver. So, Larry, you could say this was not me driving, Okay, then they're going to ask you who was driving?
Now does it show the driver in your truck?
No, it just shows the back end of my truck and the license plate number.
Well, how would you handle this, John?
There's a procedure.
Well, I just pay them because I'm normally guilty of them when I get those tickets in the mail. But there is a procedure on those tickets that tell you how you can appeal and you know, challenge the ticket, and that is the only way you can do it. And so you just have to assess, you know, is there any likelihood that that process is going to give me the ability to argue it. It's not like the red light cameras in Denver that you can, you know, ignore they want to conserve you in person.
It's a different creature.
And since it's a private road and it's a privately maintained section most of the time or at least some of the times, there's private end there's public, you know, you really don't have a leg to stand on. And the only thing that amazes me is how dang good they are catching, like fourteen different angles of my vehicle crossing the line early or late or something else. And so normally it's not just one pictures. It's pretty compelling evidence.
So I'm not saying that v car crossed over to the expressway. I'm saying, why should I pay when, well, no.
It's issued to the registered owner. You're right, why should you pay it? Ask your daughter to pay it? You hit it right on the head. You know your daughter had the vehicle. Make her pay it.
Okay.
If you truly are caring about right, hold on, you're caring about technicalities and right and wrong. So the technicality is your daughter was driving, so tell her to pay you. That's the technical right thing to do. Now, if you're saying, how do I trick them and make them.
Go after my daughter.
Well, okay, if they ask you, if you say to them I was not driving. And by the way I'm looking at it at some of the past cases, if your daughter was the one driving, then you can contest it by submitting a transfer of viability. If not, they're going to say was the car stolen and was it reported stolen? So you're between a rock and a heart place.
Okay, because they are found that eventually they can cancel the renewal of your vehicle.
You can't reregister your vehicle once it expires. Yeah, but hold on by the short hairs there.
Not if you that's if you ignore it, John, you can do a transfer of liability. If you do a transfer of liability, you have to transfer to somebody. So if you say you don't know who was driving your car, then you're going to be taking then okay, then you're going to be taken to court and be held responsible because if you can't say who is driving the car, then you're going to get the ticket or you're going to have to report your car.
Your car would have had to have been reported stolen. Do you really want to go through all of that?
No, I mean, I'm just it's just a simple question.
I mean, well, the.
Simple question is that you're responsible if you were driving. If you weren't, then you tell them you weren't driving, and you must transfer responsibilit to who was driving. If you don't know who was driving, it means your car was stolen. So you have three options. You take responsibility, or you lay it on the person who was driving, or you report or you hope that you had reporting it stolen, or you just discovered it was stolen.
That's those are your options. Truly, A right fine, I mean, that's that's okay. I mean that that is the answer. That is the answer, And a lot of.
People don't like the answer because here's what they want to hear me say, Oh, if you weren't driving, you don't have to pay. And by the way, you don't have to tell them your daughter was driving either, of course you don't. Then you pay the consequences. How far will they take it, I don't really know. Maybe they drop it, you know, maybe they do I you know, I I kind of know where you're going with it.
And I think most people agree with you saying, Tom, I don't know.
If I wasn't driving, I wouldn't pay it.
So I can't tell you what to do. I'm just I'm just basically telling you what I think will happen. Three three seven, one three eight two five five. Dave you have a comment on mental health because I asked even on my YouTube channel, I asked the question in the comments, how many people, in the beginning of our conversations with people who have had emotional distress know someone is suffering from paranoia?
Because I'm going to tell you something.
Thirty or more times over the years, Oh, it has to be probably more.
This year alone, I've had six cases where people call and someone is either breaking into their home, spying on them, rearranging things in their house, stealing stuff, doing something to their car, cheating them, listening into their phone calls, or some other form of that. And it usually follows you hear me on the phone. Many of you who follow
the show regularly, you hear me on the show. Ask them some questions, like at around the time these first this first started, were you did anything happen in your life that was significant a stressor? And inevitably you'll hear a divorce, a crime, a victim of a crime, or somebody close to them died, a child or their spouse, and on and on and on. So I've connected them that these stressors may cause this paranoia.
I don't know.
I'm not a mental health professional, but I've talked to enough people over the years. Dave, what about you?
Hey, Tom, it does seem like it's mental health Day, doesn't it?
Yes, it does.
So.
I an agency that I'm associated with called Revolt Healthcare Alliance. We saw a private PPO plan in thirty nited States. Unfortunately it's not available in Colorado. However, we have put together what is called the Revolt Healthcare Network, and this is a subscription platform that can be used anywhere in the country and it includes twenty four hours, seven day
a week virtual primary care and virtual telecounseling. It also provides quest Labs at no charge, four thousand generic description medications at cost.
So it's not just mental health, is what you're saying, right.
But for thirty six dollars a month for an individual, they can have qualified accredited counselors, therapists, psychologists at the other side of their phone or online today, making.
This PPO plan in general is not available in Colorado's what you're saying.
Yes, that's the insurance side. The Revolt Health Network is not an insurance product. It's a subscription product.
And that's for how much.
It starts out at thirty six dollars a month for an individual.
And does that get you more than mental health? Does it get you consultations with mds?
Yes, it does. Virtual primary care So if someone I get it, I get it.
Someone has it.
If they have a.
Telecounseling or a teledoc appointment and they like that doctor, yes, reschedule with that doctor, which is unusual with teledoct.
Now I have a teledoct, I have a virtual primary care.
I have both. But the virtual primary care is three hundred a year and it allows me to get an appointment anytime and well not anytime. I have to schedule it. And I can do a zoom or I can go into the clinic. So it provides both. But this can this virtual primary care that you represent, Can that take the place for insurance reasons for a primary care doc?
Sure?
Yeah, anybody can use it, anybody that's on even people on Medicare. But it's an affordable way. I get it being able to take care of some healthcare issues.
And it is now if someone though, if someone has this program, this subscription, and they need something more than they can offer. Do they refer you to people that you're that your health insurance will now cover or not?
They they may, yes, they could absolutely.
What's the name of it?
This is called Revolt Healthcare Network.
Are you saying Revolt as in revolution right?
Exactly?
Yeah, that's a weird name.
Well, we're we kind of are changing the way that.
You know, the medical industry, the pharmaceutical industry. Uh, you know, uh government, the healthcare industry is so convoluted and and it's just horrible. So I don't want to go farther into that. But with this program, this subscription program, you have access to over four thousand generic prescriptions.
I get it. I get it.
I I love I love what you're saying.
Hey, Dave, I'm gonna I gotta, I gotta cut the call.
I need to do this. Uh Kaschina. Give them my email address. Please give him my email address. I want him to send me information. I'm Tom Martinez. We have more coming up. Go with a sure thing Denver's Best roofer excel roofing dot com.
You don't pay a cent until you're content. Time for an insurance check.
Up free no obligation comparison call Compass Insurance paying too much your coverage at dozens of insurance companies find out now three oh three seven seven to one help. You'll think you're his only customer when you choose Frank durand the real estate Man dot com to list your home with Remax Alliance three all three nine two zero sixteen twenty two, Tino here three all three seven one three talk three oh three seven one three eight two five five. Welcome to the show, back to the phones to uh
take your problems, questions and complaints. Oh the guy that one guy had a question he dropped off against. Okay, in any case, welcome and let's talk.
Drew.
I emailed you a revision of your go fundme.
Description to help you get a better description up there for your go fund me page because you're facing financial devastation in a month or less.
Did you get it?
Drew?
I haven't been able to get to the library, but I will go and check and I want to say tuesday.
Wait, wait, wait, so you have to go to the library to check your email.
Yeah, you don't have a computer.
I don't have a computer's cell phone texting device what are.
You calling on right now?
It's my home phone?
Your home is that? Is that New York Bell? Or where is it New Jersey Bell?
What is it?
I pay Verizon?
Uh huh.
So you don't have a cell phone, you don't have email.
I mean you have nothing.
That's correct. But I want to say this. Your idea is good. It's a very good idea. Thank you for sending us there. However, I'd like to suggest that we wait on that for a couple of weeks and do what mark into a mark to leave is there? I think if I don't know how to do this, but if you could possibly send my GoFundMe to Elon Musk and Fox News, maybe they might want to put on somebody who can actually state how Kamala Harris is harming me and letting all these fifteen millions drew.
They're not going to do that because your problems aren't because of your problems do not stem from illegal aliens okay or illegal whatever, undocumented people. It doesn't, it doesn't. Your gofund me is disingenuous. Kamala Harris has nothing to do with your financial plight right now?
Well, I disagree, And it was on Fox Drew.
Drew, here's what I'm saying. Tell me this.
Tell me how their policy on illegal immigration has affected you directly and why why you are facing your financial devastation right now?
Tell me.
I want to know why a.
Black man was on Fox saying this. I forgot his name. Is a very good speaker, sports guy, and he says they're wondering why the black brothers are leaving Kamala, she's giving free rent to all these illegals.
Drew, I'm going to ask you a question.
See, I don't let I don't let people just just go out the mouth and pontificate without facts. Here's what I want to know. You have gone through your life savings. You no longer can make a living. You didn't prepare for your older age. You're seventy seven years old, and you cannot stay where you are because the cost of living is so high in New Jersey. Now here's what I'm saying. You get a pension and you get social Security. Right, Okay, you have those two things, but they're not enough to
sustain you. You were not able to work or make a living because you say you were injured in a personal injury accident. You walked into the you walked underneath the tailgate that came down on you from a car. All I want to know is how did Kamala Harris or Joe Biden contribute to that?
For you?
I think it's the constitution, says Okay Drew.
I'm going to ask you again, not about the constitution. How did your financial plight get caused by the current administration? And if there was not one illegal immigrant in the country.
You still would not have qualified for public assistance.
If there was not one illegal alien, the rents would be much lower because these millions of illegal aliens are getting subsidized.
By Okay Drew, guess what, Drew?
You know what?
You need to find someone who agrees with you and will carry your flag. I don't care what Mark suggested. You're doing yourself a disservice by having the go fund me the way it is now, and the proof is in the pudding. If it appealed to people, Guess what would have happened. You would have gotten people to contribute to you.
You have gotten one.
Listener, Tom is, if you're right, can you please just send it to one?
No, No, I'm not going to you send it to them. Have your librarian friends. No, I'm not going to carry your water. I'm not going to send I'm not going to send your GoFundMe link to Fox News and Elon Musk and spoil my credibility and say here, look at this. This poor guy is suffering because of illegal immigration. It's not true. You're trying to make a connection just to try to get the political fervor you need for people to send you money, and you're not gonna do it
through me. Goodbye, Drew. Sorry, I'm not doing it. Three zero three seven one three talk seven one three eight two five five. Do I believe the illegal immigration policy of the Biden administration is causing people harm?
Yes?
I do. Do I believe it's fullhardy, Yes I do. Do I believe we have to have restrictions at the border and a sane immigration policy, Yes I do. Do I believe it's affecting the tax rates, Yes I do. Do I believe it's affecting FEMA, Yes I do. Do I believe it caused Drew's problem?
No I don't. I'm Tom Martine Moore coming.
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You'll think you're his only customer when you choose Frank durand the real estate Man dot com to list your home with Remax Alliance three oh three nine two zero sixteen twenty two. Hello Tom Martino, you're Troubleshooter three O three seven one three talk three O three seven one three.
Eight two five five.
Okay, Now it's also three oh three Martino three oh three sixty seventy four sixty six.
Melissa.
We're running out of time, but you have a two thousand and five Toyota sole, right, Melissa, I'm just gonna have to wait, Melissa.
I'll take you right after the break.
Deputy also has a follow up, and Deputy d has a follow up, so we'll talk about that and more coming up on the Troubleshooter Show.
Three oh three seven one three h two.
Five five.
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Three oh three nine two zero sixteen twenty two.
News.
You don't have.
Run as we can. Shoot's gonna help.
Come man, This is the Troubleshooter Show. No Tom Martine, Heillo.
I'm Tom Martino, and I welcome you to the show. Three oh three seven one three talk seven one three eight two five five. Of course those people joining us, we love you from around the country. I'm getting your text. I am getting your message on the iHeart iHeart app and from our downloaded podcast and also our YouTube channel and on the YouTube channel. I'm gonna put something up right now. I want your opinion on. I'm just gonna
leave it there for a few minutes. I want you to look at it my YouTube morans, Please tell me what you think. Three oh three seven one three talk three all three seven one three A two five five. I want to know if you get it anyway, So that's kind of a local flavor for Denver. I put it up there. But I'm gonna take a phone call right now from Melissa. Melissa has an oil change situation. Melissa, what's going on?
By the thank you?
Yeah, I had an oil change performed. This was not my regular mechanic, but they happily did it.
And then driving what did you have the oil change on?
Let me see, it was the two thousand and five Toyota, yes, correct, And how many miles on.
That at the time that we went in there was one hundred and ninety seven.
Oh my gosh, one hundred and ninety seven.
Whoo yeah, okay, and.
It's a wonderful car. Anyway, they did not put the right oil filter in and so I of course had oil all over and that was in the middle of driving and anyway, so they're not I know, God, and the receipt.
What was the result of the wrong oil filter? Did your engine sees.
Well, I'm not sure if i'd call it that, but I mean I had to get a tow truck in the coffe No, no, I.
Mean, what's wrong with it right now?
What's wrong with it right now?
Well?
I had another and try to help fix it a little bit, and he put in a correct oil filter. And so now we're just kind of on pins and needles, because what does it run?
Does it run?
It ran for about one hundred feet then and a check engine light came on and I was larry.
To drive it further.
This is after it was fixed, well fixed as in the oil part was Melissa.
Here's what I'm asking When you drove away, who did the oil change where they put the wrong filter on?
You want the name of the company, Yeah, Littleton Auto Repair.
Okay, So so when you drove away from that place it what were the symptoms when you drove away?
No, it was fine for a while.
It was fine for how long?
For how eight weeks?
Oh?
Okay, I drive?
Okay? Eight weeks later? What happened eight weeks later? Just tell me what happened eight weeks later?
All power was gone, couldn't drive. It didn't have power steering to make the corner off of Wadsworth.
Wait wait, wait, you didn't have power steering, but the engine was running?
No, no, nothing, nothing, Okay, So you were.
Driving along and it stopped eight weeks later, correct, Okay, And that's when you called this other place.
Who'd you call to fix it?
Oh?
The other the other mechanic that came in was a friend, thirty year mechanic for a utility company in town.
Okay.
Took it to a friend mechanic, right, and then and then he fixed it.
Well, he changed the one. He just took a look at the oil filter and all that kind of did.
It once over?
Did he changed the oil filter?
Correct?
Yes, he did, Okay, put the correct oil filter on. Then how long did it run after that?
It hasn't.
That's when it's it pooped out.
Well, No, it pooped out Friday night when every light on the dashboard lit.
Up and I had nothing.
I'm confused.
Your friend the mechanic put the right oil filter on, and you said it did not run, but it did run for a while.
Well, no, because I had it towed back home and he just did what he could do with.
The I get it.
When did it fail after the correct oil filter the first time you tried to drive it?
Yeah, the check engine light came in.
The very first time, so it never ran again. Is what we're saying correct, Okay, I.
Mean it might have. It's just that I was afraid to drive it with the check engine light on since I got.
Right now, if you okay, if you tried to drive it with the check engine light, would it drive?
I don't know, okay, Okay, I turned right around.
All right.
So let's just go to the worst case scenario.
Okay, And again, I don't want you to hate me, but you're going to I know, no, no, no, I'm going to tell you the legal what will happen. John Fuller is an attorney. He's I should bring him up right now. By the way, John Fuller, Fuller Law. He is our attorney today for personal injury and other things. Is he there right now? Yeah?
He is.
Okay, So I'm going to bring him up. I'm going to bring you up, John, And you know what I'm going to say. So, she's got a two thousand and five. So for all practical purposes, now is when the time cars come out. So it's a twenty year old car, and it's a twenty year old car with almost two hundred thousand miles. Let's go right to the worst case scenario and say they ruined her car.
They ruined it. They ruined the engine. First of all, what would they owe her?
John, give her the legal answer that the legal truth, give her the truth.
The cost of a twenty year old, two hundred thousand mile engine. Yes, right, you're only entitled to recover what you lost. You're not entitled to a brand new vehicle. And I don't get the central or a new engine.
That's the problem.
And just to make the point that you couldn't, you couldn't, You couldn't reasonably expect that if what you had got destroyed, that the only measure that would be appropriate would be a brand new, you know, not twenty year old, not two hundred thousand mile engine.
So and we're not we're not claiming, but we're not claiming that you're trying to get a new car. So we're not even claiming that you're not. You don't sound it reasonable all. But here's what I want to lay out to you, the scenario that John did not mention. Let's say they found a one hundred and ninety seven thousand mile engine and they're willing to replace it, but it's going to cost them, with labor and stuff, five grand.
They don't have to do it if the truck is not worth five grand or the selar, I'm sorry, they only have to give you what it is worth. They either have to fix it or give you the value of it. They don't have to go over the value of it. So what do you want? Let's assume and I would assume that that engine's toast. I would assume it.
What do you want?
Oh, you know, I know everybody makes mistakes.
I get that.
But you know I have never had trouble.
With this car.
I understand.
No, No, I get that.
What do you want? I'm really asking. I'm not asking for a correct answer. I'm asking for your answer.
What would you do?
What would I guess?
Just what?
Would ever make it run again?
No, but they're not going to if it's worth if making it run again is going to cost too much. What do you want? Let's say, I mean, what do you want?
Is there a scenario where they would just say, okay, we'll give you fifteen hundred dollars worth of I don't know engineers.
Of course, of course, of course there is there's a scenari where they owe you one of the value of that vehicle. I'm not denying that. I just didn't want to have you expecting them to pay whatever it takes. So I'm trying to discern or find out how much that car would be worth on the open market. And and cars dot Com is one of the best sources in the world. And Deputy D is looking it up right now, and so let's figure it out. Let's what what you Deputy D is going to let us know
I'm putting on. I'm putting them up. Okay, do you do you have an idea yet?
No?
And I get I'm on cars dot com. There's just a lot of drop down man use for me to work.
Okay, it's really easy.
And then what we're gonna do is figure out and then you can either ask them or sue them in small claims court. Now, John, what arguments would they have in defense?
Well, just said, you know, it's the same, it's the same basic thing, Tom. They're they're going to suggest that, you know, she's trying to get better meant.
And but not if she just wants the value of the car.
Well, they're going to suggest that they didn't destroy the whole car.
They just you know, no, no, I understand that. But if it's going to cost more than it's worth to fix. I mean, we can go in that circular argument all day long. But yeah, I mean it's either the value of the car the value of what they broke, right, So I mean, yeah, I.
Don't even see a Selearra. What is the Selera? What is it?
It's actually called a Camriselera in cars dot com. And there's nothing with that many miles, but around one hundred thousand, one hundred twenty thousand. The asking prices are I can see from six thousand from that year, Yeah, two thousand.
And five, okay, so if it has half the miles it would be it would be way down.
So so it's about six grand for what.
So here's here's one.
Here's a two thousand and five Camerasolera with only ninety five thousand on it, and that's ninety five hundred dollars.
She would never get that now.
And there's seven with one hundred and forty seven thousand, and that's only sixty eight hundred. And that's a convertible, by the way, So it's probably about a I have a question from Melissa.
Five grand. I'm thinking four to five, yeah, five, maybe go ahead with question.
Did you you commented that your friend, replace the correct oil filter and filled up the engine with oil.
Does it this full of oil?
Now it holds oil?
Now?
Yes?
Well, then I don't think you have nothing to lose. Start to see see if it's starting.
You have nothing to lose because you're not going to get more because you didn't drive it.
You're under the assumption the engine's bad.
Let's prove it.
Start, Yeah, Start and run.
It right so I can just run around the neighborhood or something so I'm not stranded out somewhere.
Okay, I'm going to say that it's going to be worth about four grand. It's going to be worth about four grand.
Okay.
Here's here's an old five selara is yours a V six it is? Here's one with one hundred and fifty thousand. It's a fair deal fifty seven hundred. So I would say maybe five to six grand. Now, what you can do is you can go and find as many comps as possible and sue them if you think. But I want to give this to somebody to negotiate for you. But first, the very first thing you.
Do is make sure it's bad, right, Okay, you need to do that first.
Yeah, And the way you do that is drive it and then take it over to Kevincoulkin at sheridanautotech dot com and have him just run a real fast check with the computer to see the compression and if it still runs, then leave it alone.
Okay, I mean, I don't think I would do anything.
If not, then you sue them for the value of the car, or you call us and we'll negotiate for you.
But you call us back, we'll assign this to someone. But first drive it.
Okay, yeah, I will.
If it's going to fail, it's going to fail. I mean, waiting for it to fail won't help you.
You need to find out as quickly as possible to make the connection to the oil change.
Okay.
Well, and is this detail relevant? The model number of the oil filter they have on my receipt is completely different than what was in the car.
What is the filter from the same manufacturer.
I don't get the point you're trying to make. What's the point you're making?
Well, the model number of the filter they put on my receipt is probably the right model number that should be in the car.
But it was, Well, did your mechanic retain the one they put on there?
Yes. Well, good, that's your evidence.
I mean, okay, yeah, yeah, I know.
I see what you're saying. They probably put the wrong one on but wrote the right one down.
Core.
Did he say the right one was written down?
Yes?
Well I'm assuming that's the right one.
Yes, all right, Well Melissa, you just keep that old one, Okay, you just keep it. And by the way, did he say the oil was all out of it? How much oil was still left in it? None? Oh crap, those cars will run a few minutes without oil. Listen, you may have stopped quick enough.
Put it.
Do what Bo said, put some oil in it and run it. I got to take your break. Three all three seven to one three talks seven one three, eight two five five don't forget eight eight eight heating dot Com for your deep clean just forty five bucks. That's what they're doing. They're honest people. If you need a replacement, they specialize in high efficiency units, so if you're looking for a replacement, it'll last you and save you money
for years. Eight eight eight heating dot Com. Go with a sure thing Denver's best roofer Excel Roofing dot Com. You don't pay a cent until you're content. Time for an insurance check up free, no obligation. In comparison, call Compass Insurance paying too much coverage at dozens of insurance companies find out now three all three seven seven one help.
You'll think you're his only customer when you choose Frank durand the real estate man dot com to list your home with Remax Alliance three all three nine two zero sixteen twenty two. Hi Tom Martino, your troubleshooter three O three seven one three talk seven one three eight two five five Deputy BO, you have a follow up, sir, let's.
Go to This is Pama that called in uh Monday, last Monday and twelve o'clock hour.
She was a long she's a long term tenant at the RT she was renting.
Uh, let's see the uh.
She called it a tree apartment.
It's a tree yes, atri I or htri something, and it was three years she's been renting. And she says Venezuelans live there and are partying all night. And she wanted another Section eight apartment at Mosaic. They were denied due to a felony.
Right. I didn't get into those details with her, but she did tender over a thirty day notice of a cake, and when she was looking into the mosaic, I guess the situation over there was worse. So she wanted to stay and resin. She wanted to stay in the ARTEA apartments, so they would not let her do it. But we made five voicemail calls and two emails over there, and I followed up with her over the weekend and they decided to ressend the thirty day notice.
With her because they were tired of the troubleshooter call a show leaving.
Well, I'll tell you what else they should be tired of that they're treating the Venezuelans better than they are her. Now again, I'm not hate Venezuelans. I help a lot of Venezuelans families and I love the ones i'm helping. There are good and bad in every crowd. This one is and the ones I'm helping. We're are legally here on asylum right now. But I want to say this, This thing about Venezuelan's and apartment houses is true, and
that's why I put up that graphic about YouTube. I want to know what my morons think about that graphic I made, denying news. Get it denying news actually, I put denying views. If it's against the narrative, we'll deny it every time. Absolutely. So it's like they spend more of their time saying what's not true according to them than what is the news. They we see nothing, we hear nothing, we say nothing.
So I'm really happy about that.
I am for her too, because she did not she had a change her heart and did not want to move.
I made it. The mosaic has more problems than the art. The RT apartments, I don't know, well, it's got reaching.
A lot of them are having problems.
And unfortunately, these decent Venezuelan families who have legal asylum and are working and all that, they're having trouble now because they're looking at all of them a scan saying listen, we don't want this problem, you know.
I mean, it's really difficult right now. Any other follow ups.
BO Champion Windows still working on that, and Mike Marony Chevrolet.
So I don't have any.
Champion Windows, the worst company you could ever deal with right now when it comes to windows, doors and sidings.
Please remember that.
Three oh three seven to one three talk seven one three A two five to five. Deputy d let me go to you you got what going on now? You have a follow up as well, sir.
Yes, you may recall a few days ago we got a call from Jessica who had her Alexis service that Stevenson and Golden and sometime later the wheel fell off and caused a tremendous amount of damage. So a couple of really nice positive developments over the weekend and another one today. So Jessica contacted me on Saturday and said that Stevenson Lexis is now waiting to get a repair wet from their body shop for that car and they'll
be in touch with her. And today I got an email from Stevenson and this gentleman said that we're currently reviewing the circumstances and expect to address the resolution with the guests soon. In the meantime, we've provided the customer with a loaner vehicle. So things are happening and very cool.
That deserves Where's my dinger?
Sometimes I can't find my dinger which is there?
And Tom, this is in very star contrast to what I've been dealing with with another outfit called Drive and Motion, you may recalled. This is a Greeley dealership and they also have a store and Thwarton and they sold Jeannette a jeep that would not pass the mission.
That's right, And they told her it wouldn't and they sold it to her anyway, and then.
Said you need to and she's looking at like what five grand to make it pass the missions?
Well, you know, unfortunately, what I think happened is they sent her in a decoy. They said that the check engine light is on because the ABS system.
Needs to be repaired, which is stupid.
She just repaired it at a cost of fifteen hundred dollars, but that didn't take care of the actual problem with passing the emissions test. And unfortunately, now she's passed that either three or five day period to rescind the deal. So nobody a Drive in Motion would return my calls or emails.
They're just completely ignoring us.
Well, let's put the numb let's put their number out. Well, drive drive in Motion sold a car that doesn't pass emissions. Let them know what you think people, when my Martino Marauders do that.
It works well.
The Greeley store where she bought this jeep is area code nine seven zero seven nine five zero five zero zero. That's nine seven zero seven nine five zero five zero zero.
And what we tell them is very simple. We say, look, we heard about you on the Martino Show. You're selling cars illegally. We're gonna let everyone know because they are. If you sell a car into an emissions area that doesn't pass, you got a problem. Three O three seven one three talk seven one three eight two five five. We have more coming up on the Troubleshooter Show, Carls. Just go with a sure thing Denver's Best roofer Excel Roofing dot com. You don't pay a cent until you're content,
wait time for an insurance checkup free, no obligation. In comparison, call Compass Insurance paying too much your coverage at dozens of insurance companies find out now three all three seven seven to one help. You'll think you're his only customer when you choose Frank durand the real estate Man dot com to list your home with Remax Alliance three oh three nine two zero sixteen twenty two. Hi Tom Martine here, I want to go right to the phones because we
have our expert on Brad O'Brien O'Brien Legal Services. He looked at a lease for us Lucas. Let me sum this up really quickly. Your lease was technically up when the end of when.
Lucas, Yeah, the original lease of August first, and then we did a month to month.
Yes, in fact, the lease called from month to month after the lease was up, right.
That's my understanding.
Well, that's exactly what it says. So it was up in August when in August? Was it up the end of.
August August versus the original lease?
And then well, actually then it was then it was actually September, right, right?
Yeah, we we ended up doing September first.
Okay, let's do this again.
The lease was up, not when you left. When was the lease the written lease up?
When was it up.
August first?
Is my recollection?
Okay? Okay, August?
So it was up at the end of July, is that right? It doesn't matter. The lease was up, it reverted month to month. After it reverted month to month. You gave them notice you were gonna leave when.
On September first, Okay, and you left September two, is that right?
That's correct.
They charged you for that extra day, right.
Great, they charged us for September first, and that's it.
We were gone on September one.
Okay, Now here's the problem. They also charged you an early termination of.
How much.
About five thousand dollars And.
We can't figure out why. If your lease was up in August or at the end of July, and you stayed the month of August under the month to month provision, why would they charge you early termination for leaving at the end of August.
We have no idea.
Do you have any idea Brad O'Brien after reading that lease why he would be charged five grand?
Well, this lease was a year long lease that ran through July one this.
Year of July one. Okay, I'm sorry it ran through July one, okay, but it provides.
It it automatically goes month month to month.
Yes.
The problem with this lease.
Though, is that there's a fill in the blank where it says you have to give sixty days notice notice a notice to VAK so before you move out. If we actually move out, you have to give a sixty day notice.
That doesn't work very well in a month to month situation because of your month to month you still have to give a sixty day notice, okay, So that that could be the problem where he gave a thirty two day notice, where the lease says sixty days is acquired.
Okay, so therefore it's possible that they're charging him for an extra month.
Maybe why would he be charged five grand?
Well, there is a liquidated damage's provision in this lease that does have an exact amount that's over five thousand if you left early during the first year and sixteen. But that's not even the case. He didn't leave early during the first twelve.
Months, but he left early afterwards.
Technically, well, he gave the least thirty days notice.
And what we haven't mentioned yet is that in May of this year, the landlord representative told him by email that a thirty day notice will be good enough, even though the lease says sixty days notice is required.
So I think that is a good argument for a.
Waiver of the landlord waves the sixty day requirement and turned it into a thirty day and so he gets thirty two two days notice.
So he should have been he should have been good and they should not have charged that. Do you think he can go to small claims court and make that argument for the five grand?
Yeah, but hopefully he doesn't have to. Hopefully a call to the landlord just to talks in basic sense and reading their own lease will and their emails will convince them to.
Or maybe a letter from even a letter from you, seriously, I mean sometimes it takes that, Yep, Lucas, I would do that. I would first of all, let one of our deputies take it and call Okay.
And explain this.
The problem is who understands it enough to take it. You want to Deputy Deal. Deputy Deal take it because he's been following it, Kachina. If you can send him the lease, and then what will happen is if they don't just voluntarily take that off, then well then you should get Brad O'Brien to write them a letter. He can put it very succinctly that you were given permission for thirty days and that's what you gave. Okay, Lucas, I'm gonna give it to Deputy D. Kachina. Send this
over to Deputy D and Brad O'Brien. By the way, is seven to zero three seven zero seventy three eighty eight.
Brad.
We certainly appreciate your your your expertise. Of course, olslaw dot com. Josh, you have a question, Go ahead, Josh, what's going on?
Hey, I was just.
Wondering if you knew if you could use qualified money for ves Sarah turnkey.
Okay, that's a very interesting question. Vestera Turnkey is a.
What it is.
It's a rental program where you become a landlord through Vesteria and they take care of.
All of it.
And I kind of like the program, I really do. You cannot use qualified money, first of all, in any investment unless both the investment is approved and the and you have a independent trustee. So you have to have a trustee that allows self directed IRA investments. Okay, So if you have it in a regular traditional qualified plan, you'd have to move it to an IRA with a trustee that allows you to self direct.
Okay, that's the first step. And the one I like, I love is Premiere.
We we at Wave eight at my financial company, we use we use Premier Specific Pacific Premier Trust, Pacific Premier Trust because they allow self directed If people, for example, want to investor earn a private fund and all that with qualified money, we go through Pacific Premier Trust. So you can do that. Now, the next question, you have to get the investment approved, which means it has to be a arms length with Vestera Turnkey, it would not
be arm's length because you own the property directly. Okay. So in order for it to be arm's length, it would have to be an independent company that is buying this up and selling you a portion of it. It would have to be like an LLC or an investment company that would allow you to buy into that. So you'd have to set that up on your own. But you can't technically set it up on your own because then you would own the LLC. So you have to
have an intermediary kind of arms length transaction. Does that make sense, Josh?
It does.
For example, I don't remember what the minimum investment is, but I've been talking to Barry at length, and I'll tell you why. I think Barry's minimum investment is sixty five grand or something.
Okay, I think did you ask him? By the way, do you know what the minimum is? I hate quote.
I think per minimum says the average is between like seventy and eighty.
Okay, Okay, whatever it is.
I'm going to tell you something here that I'm working with Barry on and I'm not trying to take bit.
I think Barry, if you can go directly to barry.
You do that, it's wonderful. But if you want to do qualified money, or you want to do other money or less money than that, my company, my financial advisement company now Wave eight, is going to be setting up independent LLCs to buy into Vestera Turnkey for part of their portfolio. So therefore you can buy smaller chunks and you can do it with qualified money through our company. We were setting up one at a time, so each each LLC fund will be for one chunk of Vestera
Turnkeys properties. So we will own it along with our investors who will who want, who decide to be part of it, and for that you can use it. But if you can go directly, go directly. However, you can't go directly with qualified money at this point because because there's no intermediary. We are going to serve as an intermediary in the very near future. Three O three seven one three talks seven one three eight two five five. We have more coming right up. Go with a sure
thing Denver's Best Roofer excel Roofing dot com. You don't pay a cent until you're content. Time for an insurance checkup free, no obligation in comparison, call Compass insurance paying too much your coverage at dozens of insurance companies.
Find out Now three oh three seven seven to one help.
You'll think you're his only customer when you choose Frank durand the real estate Man dot com to list your home with Remax Alliance three oh three nine two zero sixteen twenty two. Hi Tom Martine, your troubles you three oh three seven one three talk seven one three eight
two five five. John Fuller Fuller Law, Personal injuryco dot Com or just Google John Fuller three oh three five nine seven forty five hundred, John, when it comes to personal injury, somebody asked, and I think you answered, you can do a lot of these and most of them without ever going to court.
Isn't that true?
Oh?
Absolutely, I think you know.
The majority, I'd say probably seventy percent of our practice, or the cases in our practice get resolved without going into litigation at all. And then of the ones that go into litigation, really less than five percent probably actually
go to trial. So if you're a party that just really wants to be treated fairly and get a good outcome, chances are pretty good that we're going to be able to accomplish that for you without ever exposing you to any sort of court appearance or depositions or anything like that.
Now, one of the things I wanted to mention this is a good point being treated fairly attorneys. Truly, I know you you're not going to take a case that's frivolous. I mean, so that in itself, I think insurance companies come to know.
Oh for sure.
The insurance companies track law firms, they track attorneys. They know who you know, the people are that can't be trusted. You know, we have firms that well. We hear stories all the time from insurance adjusters that say, look, we were told this and that by a firm and then they never followed through and did it. You guys, do what you say. And so that's been my goal to have that reputation for the last twenty two years.
John Fuller three oh three, five nine seven forty five hundred. Make sure you give them a call first sign of trouble. I'm Tom Martine. Thank you for being here. Don't forget three oh three Martino. Anytime you need help, information and referrals. Three oh three Martino More tomorrow
