The Troubleshooter 5-5-25

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Dix, It's the Troubleshooter Show. Now Tom Martino.

Well, we don't have Tom Martino. We have Marco Bendinelli in the studio today. I am filling in for Tom Martino and Mark Major, who happened to be out. We can talk a little bit about that later, about where they are and what they're doing. Uh, But we have a great show uh lined up for you today. We are ready for your calls. So dial in. Should you have a question a problem? Three oh three Martino three O three seven one three.

Eight two five five.

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

Do you need some help? Well, we are here to help.

For over forty five years, Tom has been listening to your complaints, answering your questions, and solving your problems. Hundreds of millions of dollars in cash, merchandise and services have been recovered. And so if you have any of those things that you'd like to talk about. Call us now three O three and call early because we have some lines open three three Martino, and you can also email us at help at troubleshooter dot com.

Now again, I am Marco Bendinelli.

I am pleased, honored, privileged to be filling in for Tom and Mark. This is my first time doing this. I am excited to be here. We have a great show lined up for you today. We have a special guest coming in in a couple hours, a former lieutenant of the Aurora Police Department, Gary Millspaw, and he'll be here to answer your questions, tell you some stories, and it'll be, I'm sure, very exciting and interesting.

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

I'll tell you that sounds.

I don't know how exciting the donut question is, but those other ones are relevant and interesting.

Now, my name again is Marco Bendinelli.

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

Anyway.

We can be found at COEO Law Firm dot com. CEO like Colorado so wwwco Law Firm dot com. And you can call my law firm if you need me for any reason at I could be reached at one eight hundred Attorney, one eight hundred Attorney. So if you wonder if you have a case you need some legal advice, you have a question for me, I can be reached there, not today, but I can be reached at one eight hundred attorney.

So Marco, will you pick up if somebody calls one eight attorney?

Well, I hope the line would be answered, but not by me personally. But I am there. You know, I'm there forty hours a week. Even though I'm not a young man. I love what I do. You know, we have a personal injury law firm, and somewhat like Tom, you know, it's a little different, but we help people, you know, and for thirty years. I've been in Colorado since nineteen ninety seven, and I opened up in my basement. Honestly, now we have about thirty people strong.

Now thirty people yet thirty people working for you.

Yes, sir.

And we have attracted some of the best legal talent in the state.

And we help people, you know.

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

We get them justice.

And unlike most law firms, we try more cases than just about any other law firm in the state because we don't allow our clients to be pushed around, and I think we are different in that regard. We require justice, and you know, we don't sell our clients down the river. And so we had a lot of trial experience and that's what we do. I've actually set some records in this state.

I have, Yeah, I have.

Can you tell us, Marco, Well, I'll tell.

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

So, Marco, I have a question on these successful verdicts. Where these achieved by your firm actually going to trial.

Well, that's that is a verdict. Uh When you say verdict, that means that it went to trial. Anything anything other than that would be a settlement.

Okay, that's a difference.

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

Just don't do it.

They just look for an easy, you know, conference call settlement.

It's true, and you know, and that does separate us. And you know, there's a lot of lawyers on television and radio that you know that that are vuying for your attention and your business. And but what the public doesn't understand is that, like BO said, or Deputy by the way, I'm gonna interrupt myself and say, we have some wonderful deputies here today. We have Deputy Dmitri and Deputy both and.

I am really glad they're here to accompany me.

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

Are you really doing pushback? You know, we have in my office.

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

You know.

And you know, when I was a young, young lawyer a long time ago, I had a mentor who was the president of the Colorado Trial Lawyers Association, and I really looked up to that man. His name was Larry Lee. He was a practicing attorney in Boulder, Colorado, and he kind of took me under his wing. And you know I used to look at him with fifty and pieces in my eye. I mean, I just the guy could

Are not made to settle.

And you know what that meant to me is that, you know, to have any to do personal injury practice, personal injury law, and have any self respect, you know, you need to be trying cases. And I've been a featured speaker at the Colorado Trial Lawyers Association annual convention. You know, sometimes just in Steamboat or Veil or you know, one of these nice places for the weekend and happens every August. And I've actually been honored to be asked to speak at the CTLA convention a number of times

You know, they don't respect settlement what meals?

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

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

Less well exactly exactly. Uh.

You know, so the insurance companies keep a dossier on every lawyer in the state, and.

It matters who your lawyer is.

I mean, we've had I've had a seven figure verdict in twenty twenty four on a case that we were offered like, you know, forty thousand dollars and we you know, had a seven figure verdict. So anyway, Uh, so we are looking for your calls. We are ready to answer your questions. Uh three oh three Martino, that's three three six two eight four sixty six. Uh, it's about time.

For a break, so we will be right back.

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Time for an insurance checkup, free no obligation comparison call Compass Insurance paying too much your coverage at dozens of insurance companies.

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Anytime we are back. Uh, we have open lines. We are looking for callers, So right now, before we get busy, take the opportunity, give us a call three oh three Martino or three oh three seven to one three talk.

My name is Marco Bendinelli.

I'm filling in for Tom Martino and Mark Major, who is not in.

The studio today.

And so I am a lawyer and in Denver and have been practicing for thirty years.

Sometimes you know that's a double waged sword.

You know, it inspires confidence because people know your experience, but it also communicates you know that you've been around for a long time.

So I'd rather be thirty five.

But you know, at age thirty five you don't have thirty years of experience.

So you know it comes with the territory, Marco.

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

I think there are a lot of misconceptions.

Out there about Hey, if a minor did it, his parents are automatically financially responsible, regardless of insurance. But so, for example, where I live, there are a lot of these scooters, you know, the red by the hour scooters, and they are absolutely driven recklessly on the sidewalks on

If anything? Okay?

Well, you know, first of all, when we are contacted by people that are injured or you know injured really uh, it's usually the rider, uh you know, where there may be a claim that you know, insufficient training. Uh, the the I don't know what you call.

Them scooters or things you stand on.

You know, you see him downtown all the time, and it's usually like you know, bad design.

The wheels are too small to take bumps right.

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

Know, whether it's Lyft or what's the other one.

There's a Ginger has their I think Hooper has their hand in his business, and there's some other one.

There three big ones downtown.

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

You know, but but.

To segue off of that, a lot of times uh, you know, getting away from scooters. But but young people causing accidents, are causing injuries. You are correct in that a minor, the parents are responsible for the damages caused by the minor. And so when we, for example, we file a lawsuit, we have to include a special claim, uh the family car doctrine, so to speak, you have to plead that when you're filing a loss suit when

I would assume they would have to. You know, Yeah, it just totally makes sense.

But it also feels like their business model is kind of reckless in the sense that they give this scooter or one of those electric bicycles to anybody regardless of their impairment. A lot of these people that I see are I mean, they're clearly intoxicated. They're smoke coming out

You know, it's gonna be really hard to screen.

I think, well, you know, I was in Chicago one time personally and I had to and I needed to get around.

And you know, when you're.

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

But anyway, it made.

It took me through these series of questions, uh, you know, and uh, it asked.

Me some things, and I.

Guess that was there to shield them for some type of liability. And you know, and I think that in some ways, you assume the risk, you know, when you uh, you know, download the app and run a scooter, you've got to know that, you know, you know, they're they're potentially dangerous. So wait, we got some calls on the line. We have Margaret, she has an issue with one source air conditioning. Thanks for calling Margaret.

We got Jim. Oh, looks like Margaret ran out of patience.

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

Need to tighten up that that question a little bit.

Being served you mean served with a lawsuit or served liquor.

A margarita, served with a cold pizza.

Okay, I told Kelly the situation, but it was a convoluted story, am.

I on the air?

Oh yes, okay, cool.

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

Jim Jim, Jim, Jim Jim, you need to back up a little bit.

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

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

But we live What state is he in?

He's in Florida and he has a place in Montana as well.

Okay, so he lives in Florida and the counterparty to this business transaction is from New Jersey and you're in Colorado.

Okay, now I think we got the lay of the land. Okay, what kind of business?

Okay?

So basically it's electronic whole selling.

Okay, electronic whole selling.

Go ahead, Yeah, he sells electronic uh items, Well, he advise himself.

So I wasn't home.

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

And lease, okay, where where were you?

I was not in the house.

I was at a home, deef, I believe at the time.

But I mean you're in Colorado.

Yes, I am in Colorado.

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

Know, so if someone refuses service, then you can do that and uh, and then the process server fills that an affid. David was called an affidavit of service.

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

Blah blah blah. Because I don't want you're.

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

So that would be that so that would be subject to emotion to quash. And that's that's what we would would call an emotion quash because it was ineffective service. And okay, so when the when the court, you know, says that, uh, this gives you an indication that an answer is due, right, because you initiate a lawsuit with something called a complaint and you have to serve that

So Jim, now what court is he being sued in? Is it here in Colorado, Florida or New Jersey?

Yeah, it's Jefferson County.

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

So look, you guys are starting off in the in the deep end of the pool jurisprudential.

That's the deep end.

You know.

This is a little complicated because the.

Person that files the motion to quash the lawyer, he can make a what's called a limited appearance, and so he's not actually appearing.

To defend the laws.

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

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We are back Marcco Bendinelli from Bendinelly Law Firm, filling in or Tom Martino and Mark Major, who are not in the studio today. We have a couple of lines open, Jim still holding. We're going to get back to Jim. But give us a call, UH, with any problems that you have. We are here to listen to your complaints, to answer questions, and to solve your problems. Now, in addition to that, I'm a legal expert, so we have so we can expand the areas that you can call and ask questions on.

UH.

So give us a call three oh three seven one three talk or three oh three Martino, Jim. We're gonna get back to you now and UH.

And we're gonna we're gonna hear from you.

So, did you have any further questions about about your uh your service question?

Well, the only the only question I have is how are we supposed to know that this that he actually filed a lawsuit based on that bad service?

Well, because because the lawsuit would have a complaint number in Jefferson Counnie and you can.

We're supposed to keep following up with them and see if there is something filed.

Well, I mean you got sir, I mean there was an attempt to serve you and Marco.

Wouldn't they complaint to be attached to the summons?

Absolutely?

So?

How many pages? How many pages is the packet that the de dropped in your driveway?

Look like maybe a half a dozen.

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

Is it small claims by any chance?

Or is it just gonna ask?

No?

No, Unfortunately it's six figures.

Oh so that's just cour territory. So you'll see some of those pages.

They'll have numbered paragraphs and it will be like an introduction and parties, and I'll say, the Jersey guy does this, the Florida guy does that. Here the details of the transaction we entered to. Here's how it got bad, and here's why I'm suing it. Here's why, here's how much I'm demanding. Now, if the gutn Service didn't include that, you can just show up at the courthouse and for a whopping twenty five cent a page, they'll print out everything.

That's on file over there for you in that case. Isn't that right? Marco? That is correct?

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

The law and he's not a lawyer.

And you know, now coming in second is Dmitri understanding the contents of a complaint. The you know, different different jurisdictions, jurisdictional limits as to whether you're in district court, small claims court, county court, and then municipal court. But anyway, so this show is is honored to have Dmitri. Who Dmitri, you know.

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

Well, that's really interesting. You're gonna talk to me about that?

All I'm going to I'm going to tell you about a nice five figure settlement from last week.

Can impress you?

Maybe we can talk about that on year, noting on how comfortable you are with that.

Well, it turns out I'm not supposed to talk about it for confidentiality purpose, okay, so otherwise I might not get the entire five figures.

Well, so there is a confidentiality provision in the settlement agreement.

Yeah, okay.

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

Yeah, okay. Spammers, I don't even know what that means.

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

Okay, So here's what happened.

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

Oh wait, so the Jersey guy, the Jersey guy.

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

For him to steal.

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

Our loss, O Marco. Isn't that called self help? And isn't that the downfall of many a litigant?

Well, I don't want to.

You know, the pun would be those shoes were made for walking, not for floating.

Not for floating.

But it sounds like a mess.

So the Jersey guy.

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

Any access, why and.

How well you got access?

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

Yeah, Marco, I can see how that works.

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

Man, it's it's a criminal.

We got that reversed.

We got that reversed, and then he went in didn't like that, so we got my He had my American Express card and he charged fifty one thousand dollars against that. We got that reversed. It took about two months for them to do the research to see worthy were purchased, where the shipments went. So we got that reversal. So I'm actually thinking about going to the FBI cyber Crimes and filing a final a place report with them for all the fraudulent Interstate FRAUDI Committee against us.

Well at the at the minimum you have counter claims against him. So should this guy ever, you know, get proper service and you do have a responsibility or an obligation to fil what was called an answer to the complaint, then you would probably include counter claims. And we'll be right back. And thanks for calling. Jim.

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Those who love that music, it says great anyway, Welcome to the Troubleshooters Show.

My name is Marco Bendanelli.

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

Give us a call.

Mondays are usually a little slower, so we do have some lines open.

Give us a call at.

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

So markhead good.

Nice to have a big time personal injury attorney over here for me to.

Ask some questions.

And my question comes from the perspective of somebody like me who buys a ton of liability insurance via both my auto policy and my umbrella policy in order to protect myself my assets from people like you, but also but also Marco in a very large part, because I do have a sense of responsibility to make sure that if I do accidentally injure somebody, you know, through some kind of an emission on my part, I do want to make sure there's insurance in place to take care

Does the fact that I.

Have a boatload of insurance and this is for after the break, We're going to going to make me a bigger target and a more juicier target.

For people like you. Great question, I'm talking after the break.

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You don't pay a cent until you're content.

Time for an insurance checkup free, no obligation comparison call Compass Insurance paying too much your coverage at dozens of insurance companies find out now three 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.

You come running just as nass we can.

Shooter's gonna help coming.

Man Dix's The Troubleshooter Show Now Tom Martino.

Marco Bendanelli here Bendanelli Law Firm, filling in for Tom Martino and Mark Major.

You have joined us at the Troubleshooter Show.

Uh.

This is the home of the Consumer Advocate.

It is the longest syndicated radio station in the country, has been running for forty five years. Amazing a testimony to Tom Martino, how well he does the things that he gets done. For over forty five years. He's been listening to your complaints. He's been answering questions and intervening and solving your problems. There's been a hundreds of millions of dollars recovered in the form of cash, merchandise and services. What a service Tom Martino has.

You know, what a niche he's figuring.

There's another thing this show provides that people don't talk about, Marco, is the millions of dollars saved and problems avoided by not by just listening to the show, by just listening to all of this free advice that has been given out for the last forty five years. When I was in business, I listened to Tom and I always picked up tips.

Across the nation, yep.

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

To Tracy and we will get to you mail. Tracy, go ahead, Good morning, gentlemen.

I appreciate it. I'm following up on a call about two weeks ago. My husband called in on four trade ends that we did on a business account, and they've only given us credit for two and it's been well over six months, eight months we've been dealing with it. So my question is if I take them to small claims court, who do I name in the when I file the papers? Is it the business trip that I'm dealing with? Or who do I put on that piece of paper.

I'm gonna let Dmitri feel that question. Good Dmitri.

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

And I have numerous calls that I recorded with Verizon.

In which they all say, Hey, yeah, we didn't process the paperwork.

We can fix it.

We'll start crediting you next month, and we'll also give you big lump some account credit for the amount that you should have been credited.

So none of that has happened.

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

Or it's Colorado Springs and it was purchased through you know.

On the phone through there the oh, the Verizon itself.

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

So what do you do? What do you do? Dmitri?

You know?

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

Fifty an hour. I got the wrong lawyer. I mean, I mean, I'm.

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

In controversy is so low.

Right.

So, Tracy, if I understand your question, you're saying, who do I actually sue?

Is that right?

Correct?

Or or is contacting writing something up to the Attorney General gonna help me at all? Before I even do that?

Well, that's the easy one.

The Attorney General is not going to lift a finger to help you, me or anybody else who might be listening.

So here's what I did.

I did some research on Verizon, and it turns out there is no company called Verizon.

It's a trademark.

And you can verify this by going to the Colorado State Secretary of State's office. They have a business database, business registration database, and the trademark Verizon is registered to a huge out of state phone company called Selco Partnership. Cell Co Partnership and Selco Partnership operates Verizon, and it turns out they do have a registered agent here in the state. I'm sure Marco, a big company like that

Service, arise to receive service on behalf of you know, lots of defenders, absolutely, and they are listed on the Colorado Secretary of State website.

Yeah.

So if you look up Celco Partnership at the Cardo Secretary of States, well, first of all, follow the same steps I did. Verify that what I'm telling you is correct. Verizon brand is owned by Selco Partnership. And then look who CELCLL Partnerships registered agent is, and have them served with a small claims action. And by the way, many in my experience and I filed a whole bunch of small claims actions now, and the clerk of the court in small claims can serve the defendant by mail. Now,

It's pretty easy. I mean, you file and you have.

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

And do they need to have grounds to even remove it?

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

They prefer to.

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

Diversity among the diversity of citizenship.

Right And and the other thing is you have to have over seventy five thousand dollars in controversy.

And so.

The way to get around that is you sue the.

Local Verizon store.

So now you're a Colorado resident that has sued and I and I forget the name of the company.

You said that Verizon operates under oh Selco partnership.

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

The minimum contact rule.

You know, that takes me back to law school studying for the bar exam.

The US shoe Company, International smack company, you know, the main.

Tree is a I'm not kidding anyway. So the answer to uh to uh Dmitry's question is yes, it would satisfy the minimum contact rule.

And there you know, their license to do.

Business uh in Colorado, which is why they have a registered ation.

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

I'll let you handle that, Dmitri Well, Tracy, this guy worthless or not, does not have a contractual relationship with you. Your controversies between you and his employer, not him personally. Now, you can certainly subpoena him as a witness, and it would definitely help if you've recorded any of these calls or going to record any of these calls this guy to try to admit faulter liability of any kind, so

But sometimes I'm.

Not saying he's incompetent He's helped a lot, but it's just you know, to get their attention. It's like, hey, this person would probably go to his upper management going hey, I'm listed in this lawsuit. Can we get this cleared up for her? So he's helped, but it's just you know, I sent an email again last week and basically, hey, we're still working on it. Eight months later, we're still working on it.

Tracy, Thanks for calling.

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

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We are back.

You are back listening to The Troubleshooter Show, uh home of the consumer advocate Tom Martino, who has been.

Recovering monies in.

In cash, merchandise and services for forty five years, the longest syndicated radio show in the country.

Honored to be here.

My name is Marco Bendonelli from the Bendonelli Law Firm in Denver, Colorado, and I am filling in today for Tom Martine and Mark Major, who are.

Not present.

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

Daryl, you still on align with us?

Hey, Marco, how are we doing this morning?

We're doing fine.

So how hard is it to I mean, I can't say how hard it is. How successful would it be to sue a hospital?

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

So, long story short, My son needed a hard transplant, and at the time, university would not put him on the transplant list unless you got a COVID shot, and he was against it and we were all against it. But at any rate, he got a COVID shot and thirty six hours later he died. Now, the autopsy lists a dozen or fifteen different things, which most of them we don't understand the terminology. But obviously the COVID shot

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

University?

Yeah?

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

Okay. That was my question because it's hard to sue when you have governmental immunity.

Right.

Well, you know, there are certain notice requirements and there's some special hoops that you have to jump through, but typically it is more challenging, and medical malpractice in and of itself is just a very difficult uh. You know, it's an uphill battle with these type of claims. You know, these type of cases. Medical malpractice cases are extremely time consuming, they're very expensive, and unless there are huge damages, most

You know, this is lawyer double speak. Are you ready.

That the case does not lack substantial justification? Okay, so it does not substantial justification, but anyway, you know, so just getting the certificate of review, just getting over that initial hurdle that could be five or ten thousand dollars, you know, to get another bock to review that stuff. And typically you're you're contracting with a physician who's not in state because you know, it's you can't find doctors in state to testify against another doctor in state.

Because there's a big insurance company that ensures doctors and they're gonna dump you if you testify about another one of their clients.

Is that right?

Well, you know it's copic, and you know they are very you know, I'm trying to avoid the words that I would use naturally.

Have they agressively manage liability? Yeah, they are.

They are aggressive in the way that they litigate their cases.

So well, you know, it was it was it was sad for us to find out that we didn't even think that mandating COVID shot was even a thing anymore. We we thought that was dead and gone and it's all voluntary, and and were shocked to find out that, uh university, I don't know if they still do, but since since the administration has changed.

But how long how long ago was this October? Middle of October's.

Super recent I'm shocked to hear somebody still requires satanic.

We were, we were, we were shocked that that they you know, the university is still mandated.

That totally shocked, you know, Uh, because my answer regarding medical malpractice really avoided the issue of the of the shot. Uh. Deputy Dimitri just characterized that shot as satanic. You know, I think the further we get away from the pandemic, uh. And you know, just time and time again, we are seeing examples. They're all, you know, what happened to your son, you know, and the legitimacy of the you know, dangerous and you know, the fatalities caused, people's lives wrecked because

Go ahead, yeah, And.

I mean for what for what for from what we understand? And and.

Is that.

The biggest side effect from COVID was the.

Heart and you know, and respiratory issues.

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

So so while I have to deliver that uh news, I also want to tell you I'm very very sorry about what happened.

And you know, I'm.

Sure all the listeners today would are saddened by your story.

Really so yeah, but I don't think I don't think.

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

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You are listening to the Troubleshooter Show, uh, the Tom Martino Show UH, and Tom Martino is normally the host along with Mark Major his co host. My name is Marco Bendinelli. I am a Denver, Colorado attorney and I am the founder and sole shareholder of Bendonelli Law Firm. We are thirty professional strong. We are a personal injury law firm and we can be reached at one eight hundred attorney.

That's one eight hundred attorney.

Our website is CEO like Colorado CEO Law Firm dot com, so you can find us there for your personal injury legal needs. Today we are talking about issues. It's been a little bit all over the board. We have Mike on hold who has a question about door dash and Mike, I am anxious to get to you.

But we have Yvonne calling in who.

Has a comment on the COVID shot issue, which we just discussed.

With the caller.

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

Well, my comment is is that because the COVID shot was mandated by the federal government, and that the university does have subsidies from the federal government, and the fact that we as citizens pay federal tax that I'm just thinking that they would have some sort of liability for that. But you're going to have to find a lawyer who has a lot of extra time, who doesn't care about money, who just wants to challenge because it's very difficult to sue the government.

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

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

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

Go ahead, Mike, Hey, good morning. Oh I'm just calling. I've been door dashing recently, just for some extra income.

Okay.

I heard the stories a week ago of the three like Colorado companies being fined for hiring the legal aliens.

Oh yeah, lately that door dash.

Sally dmitri hand the deputy dmitri Han. It seems like he's dialed in on that issue.

Well what I what?

I read an article just a few days ago about the federal government finding three Denver based companies, most of which were involved in like cleaning services, that kind of stuff for hiring like outrageously obvious illegal aliens, duplicate duplicate social Security numbers, lack of paperwork. One of these fines will was well over six million dollars Marco. This is there, This is real money. They're sending a message. But Mike, what is what? What does that have to do with DoorDash?

No, no, I just noticed that that's clearly going on with door dash as well. I'd say probably fifty percent of the door dashers out there are clearly part of that wave of illegal immigrants. And I don't understand how they're even able to because you do need to upload forms of ID and pass background checks to become a contractor with them. But I mean, people can lie, I guess, but there's so many it feels like it's just too obvious that Dr Nash is just hiring them knowingly.

Well you know, they they may or may not be complicit.

But I do think that.

Our president has a mandate regarding that issue. I think that there is a general outrage, uh, with respect to illegal immigrants that are criminals, that have committed murders and rapes, and you know, and and you've got these small vocal minority groups that are you know, not worried about the United States citizens, not worried about the victims of these things, and you know, they want to grant rights to uh,

But we thank you.

You know, there is one, you know, previously unforeseen consequence of the people who are not allowed to work here stealing a social Security number are being provided with a valid social Security number that belongs to somebody else. That happened to somebody I know, and their social Security number was used for a ton of different jobs all over

So there are a lot.

Of these silently suffering victims out there whose social Security numbers are getting stolen.

And that and you know, and that is the.

Victims of non violent crimes, let alone victims of violent thing.

Yeah, exactly, they're both hal they're both sides to this.

So and anyway, we have a latter two open. Please give us a call three oh three seven to one three talk three oh three seven one three talk and we will be right back after this.

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We are back on the air. We've got some exciting news from after the top of the We're gonna have a special guest with us today, Gary Millsbaw, a retired lieutenant from the Aurora Police Department, and so that is something you can look forward to right now. We have been talking about some of the challenges for medical malpractice cases, some of the challenges that have been forced upon people by the vaccine by being forced to take the shot. And we just heard a sad story this morning.

Said is not even the word Marco. It's heartbreaking and whatever comes beyond heartbreaking.

It's outrageous.

Really. You know, while pending a heart transplant, the hospital required that the patient.

Get vaccinated, who initially.

Refused, but then acquiesced and died thirty six hours after taking that shot. And you know, we were talking about the legitimacy of the problems with this vaccine that were minimized, discounted, you know, and.

So we learn so much more every day. Look at all these teenage athletes who are suddenly dropping dead of heart attacks.

That's unheard of.

It's unreal, and there's no accountability, you know, there's no accountability.

Anyway. My name is Marco Bendinelli.

I'm filling in for Tom Martino and Mark Major, and we are welcoming your calls. If you have any problems with vendors, with people you do business with. You've been ripped off, you've been scammed, you got complaints, We got answers, and we are here to solve problems. Take your calls and look into whatever whatever circumstance you're facing.

Uh.

Tom Martino has been doing that for forty five years. This is the longest syndicated radio show in the country. Extremely impressive.

Uh.

I am privileged to be here, you know. And so again, if you have a problem, you give us a call at three oh three Martino, UH, or you can email us at help at troubleshooter dot com. Uh we are looking forward to speaking to the retired uh Aurora police officer. I think after he retired, you spent some time at the Jefferson County with the Jefferson County Sheriff's Department as well.

And Marco not only that, but I'd like our audience to know this is our very first ask me Anything session. So if anybody has questions that they've always wanted to ask a cop, give us a call. We're gonna put Gary right on the spot. The only rule is you can ask him anything. The only other rule is Gary might not answer, but go ahead and take a shot. How to get out of a ticket? How many donuts do they actually eat? How do you know if you're

So you tune in and we'll be right back.

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

Lead.

You don't have.

Run as can No shoot 's gonna help?

Come di is the Troubleshooter Show Now, Tom Martinez.

Don't you love the energy of that music? I mean it just excites me sitting here.

Yeah, we should start a mush pitch whenever that music comes out.

Oh my goodness, we're dancing around here in the studio. It's kind of it's kind of fun anyway.

Uh.

This is Marco Bendinelli Bendanelli Law Firm, filling in for Tom Martino. And Mark Major.

You're listening to the Trouble Shooter Show.

The longest syndicated radio show in the country forty five years.

Quite amazing.

Tom is a pioneer as a consumer advocate. He has recovered what hundreds of millions of dollars in cash, merchandise and services.

I think, yes, three hundred and fifty million bucks recovered by Tom and Mark. And by the way, guest hosts get twenty percent on the days that they work here.

We got to get paid.

Oh my goodness.

Well, anyway, Tom is a pioneer, and uh, you know, I'm proud of him for standing up against the grand calling out these ripoff artists, these scumbags, and really you know, pressing the flesh and getting in the middle of these things to solve problems. And you know, hats off to Tom. Uh. Tom has suffered some you know, some medical issues, and we're looking forward to his full recovery and return.

Our best thoughts and prayers go out to him. Right now.

I am privileged to sit in his chair. Anyway, we are at the top of the hour and we have a special guest today, Lieutenant Gary Millspaugh, who is a retired lieutenant from the Aurora Police Department, and then, as if that was not enough public service, then he joined the Jefferson County Sheriff's Department for another nine years.

That I think that was.

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

Unbelievable.

You know, the kind of guy that you know really makes up the fabric of our society, you know, like the everyday heroes.

You know, we love.

Those people, you know. And what I'm interested and anxious to talk about is the uh, you know, whether there were false claims of gang takeovers in Aurora, Because while we were off the air, I googled it and listen, listen. It says there have been controversies and challenge and this is a quote including false claims of gang takeovers and increased crimes. And you know, I mean, wow, what kind you know is that?

The fake news? What a whitewash? What a whitewash? Unbelievable?

So so uh We're gonna ask uh, uh Gary, Gary, can you comment on whether uh the claims of gang takeovers of apart in apartment complexes and Aurora?

Were they was that false? Was that was that made up? It was all fake news? Well yeah, right right.

Yeah, So Gary, tell us, tell us what you know about that, about the uh trenda Aragua presence in Aurora, real real were uh perceived?

Well, like you said, there was a great deal of controversy and raw involved in that in from for a variety of reasons. From an officer's perspective, I mean, the national media eventually put out those takeovers with the armed gang members. That was kind of spoke for itself. We had the biggest champion that brought that to the national forefront was the city councilwoman Daniel Jerinsky, and she actually came to the aid of one of the victims there and helped her get relocated.

And was ostracized, if I recall, Yes.

Yes, very much so demonized. Yeah, well for obvious reasons. I mean, first, the governor came out and said basically it was a nothing burger, and then of course that was supported by the mayor. The last thing they wanted to do, especially in the hypercharged environment of immigration and everything that that entails. The last thing they want to do is bring any adverse publicity to the City of Aurora, not the least of which was the potential economic damage

You know, was that Governor Polis or was that the That.

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

You know, I'll tell you what I mean.

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

What do you say, Gary, I would agree.

And then there's obviously people that would be obviously considered innocent within the venezuel And community that obviously are swept up in this whole issue. But there's been instances where you've had parking lots, huge parking lots taken over by Venezuela and some of them were infiltrated by gang members. There has been reports in certain of those instances where

To certain degrees they're involved.

You know, I don't think that rises to the level of m sixteens in the hallways of apartment complexes.

Yes, I would totally agree with that.

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

But the officers have obviously.

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

And to your understanding, what do you think the narrative was of.

Governor Polis, Well, the same thing.

I mean, obviously, you had the President Trump coming into office and his main objective, at one of his main objectives that he was that he was voted for, voted in office, was the deal with the border and deal with immigration issues. And he'd already talked about that on a campaign trail, about what was going on in Ohio and what was going on in Aurora. For all the information that we're talking about that he had received and that became a priority.

And how did Governor Polus help the fake news?

Well, obviously, to my knowledge, the governor wasn't you know, quick to go ahead and support the agenda of the president, you know, especially since it was brought for the reasons

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

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

For help, right for fear of being deported.

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

Of the population. So it was it was and still is. Man, just disgusting.

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

Public office. And that's that's it.

I think we just got to kind of live with it and hopefull though the federal government will consene here to clean up.

And and by the way, in the Attorney General, what did he do?

Has he lifted a finger to to address the criminal invaders that we've been dealing with.

Phil Weisser. Yeah, so he's gonna be our next governor, I guarantee you that.

Well, then then you've got the controversy which is nationwide, which is sanctuary cities in particular. But law enforcement, as far as chiefs of police in certain sheriffs throughout the country have already stayed of the fact that they're not going to cooperate with ICE. And as Tom Holman has said, you know, it would be ideal before these gang members who have been criminally charged if they could engage them and only send one or two ICE agents to the facility, the detention facility.

It would save the situation.

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

And we're going to talk about that.

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

For the injured, and we'll be right back after this.

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Help.

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We are backed.

You are back with Marco Bendinelli Bendinelli Law Firm, Denver, Colorado, Colorado's best choice for the injured. We can be reached at one eight hundred Attorney one eight hundred Attorney or online at COEO Law Firm dot com. Uh. Anyway, I am filling in for Tom Martino and Mark Major.

We have.

Really a great guest with us right now, Jerry Millsbaw, a retired Aurora police officer. We just had a spirited discussion regarding things that have gone on in Aurora.

And whether that was fabricated or real.

Uh. You know, I think that the Colorado residents know what's real.

But in the.

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

Or three oh three Martino and uh.

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

First, I'd like to tell the listeners that I've worked since I've been here over forty cases, and with the limits of time, I can't go into all of them. But if any of the listeners would like to call in or send us an email about an update on a case, we have five great deputies here that do the Martino Show a great service. We all donate our time. We have a five deputies. One that's an expert in medical and one that's an expert in accounting and law enforcement.

So I think it's good for the listeners to use. This is a great resource free.

I mean, were happy to dig in and investigate any cases, any issues you might have, and our deputies have a very good success rate at getting to a resolution and more importantly trying to get to the other side of the story. So, like I said, I've worked on thirty forty cases and if anyone would like to call in, I would be happy to talk about an individual case. I did bring my file in. I was working with Peggy Back. She called in on March fourteenth, ten o'clock hour.

And what was sad about it?

As what did we do about it? Both? What did we do about it?

Well, I can tell you what we did about it.

I went over there and investigated it, tried to call the management company first. You know, you always want to get the other side of the story, and went over there and verified she had a sewer type gasw coming through a ventilation system. And what was said about is Peggy was have stage four cancer, she was on chemo, and this lady couldn't even get off the couch to show me around. So basically I called the State of Colorado Health Department and they got involved and we put

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

You know this is not just for show, you know.

Uh, You've got actual people following up on on on your issues.

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

Break and yeah, so don't hesitate the call three o three Martino, Uh, give us your real problems and we will give you real solutions. Uh. We have a special guest with us, Gary millsbaw a retired a or a police uh police officer, and so we we welcome your calls for Gary uh to find out how you get out of a speeding ticket? UH. Ask them anything, be controversial, have a little fun. That's Monday, wake up anyway, Uh three oh three, Martine, you know, give us a call again.

UH.

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

Go with a sure thing Denver's best roofer Excel Roofing dot com.

You don't pay a cent until you're content.

Time for an insurance check up free no obligation comparison call Compass Insurance paying too much your coverage at dozens of insurance companies find out now three O three, seven to seven to one help. You'll think you're his only customer when you choose Frank durand the Real estate Man dot com to list your home with Remax Alliance three three nine two zero, sixteen twenty two.

You are listening to six thirty Talk Radio six thirty K Howe khow to the Troubleshooter Show.

My name is Marco Bendinelli.

Am honored to be filling in for Mark Major and Tom Martino, both who.

Are not in town today.

And we can talk a little bit about a little more about that. My name again is Marco Bendanelli. I'm a local practicing attorney from the Bendanelli Law Firm.

We've been in business in.

Denver since nineteen ninety seven and as I like to say, we are the best choice for the injured we represent. We're a personal injury law firm. If you have any questions today about personal injury or any other legal questions, you give us a call, you know, and as normal or as usual, we answer questions and listen to complaints

And uh before the break, we were getting.

A little update on some of the past calls and some of the past problems that have been reported and deputy be Bo.

Bo and I can talk sometimes.

You know. It's it's really a good skill for while you're on the radio, you know, for a.

Trial lawyer, it's not that important, but not that you're here.

Yeah, I'll take the marbles out of my mouth while we get.

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

I just want to emphasized what the power of the Tom Martino Troubleshooter Show has because of our involvement in bugging, in harassing, and not harassing, just communicating with the management company.

Uh, they were able to because of the involvement of us.

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

And they paid for her to move out.

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

Do you have any questions for him?

Both, yes, I.

Actually uh do.

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

David, I'm thinking, do you even have to legally show them? The idea?

If you get pulled over, you are obligated. Driving is not a right, it's a privilege, and you have you have an obligation under the Motor Traffic Motor Vehicle Traffic Code and the Revised Traffic Statutes to provide your driver's license, registration and proof of insurance. You don't necessarily you have to. You can exercise your First Amendment rights. You don't necessarily have to answer any other questions. You're not compelled to do that, but you have to provide that documentation otherwise

So and you know, and we should mention, you know, refusing to talk to a police officer is not a recommended course of action.

Yeah, that's true.

I mean, you know it's it's it's not a recommended course of action. I mean the basics are, you keep

Respectful to really appreciate being able to see your hands the key as they're approaching your vehicle.

That's the key.

And like the lieutenant said, uh, probably on the steering wheel is the best place.

That's the best place.

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

I have a question for you. Have you ever worked in traffic. Yes, I was a supervisor of traffic at one point.

Okay, so you know the police officers that sit on the side of the road with the gun, the radar gun, right, you know, and it could be laser. What is it could be laser? Could be laser. But my question is I've always heard that you if you go nine over okay, now nine miles an hour over the speed limit, and maybe thats just applies to the highway. I don't know, Like, if you know the speed limit is fifty five, if you go sixty four, you.

Won't get pulled over.

Well, that's pretty much the discretion of each police department, and especially when it comes to the traffic unit.

I want you to give our listeners some inside information.

Well, I definitely wouldn't go definitely if I'm I wouldn't go over ten miles over the speed limit on the highway and obviously the city. I mean when you're talking to the city limits, when you're five to nine miles over, then you're looking at getting pulled over. But once again, when I'm talking about you got to understand the traffic units in these respective police departments. Should they have one. Their whole measure of performance is traffic tickets. I say, that's how they.

Get measured by. I won't.

I won't be so bold as to say there is a quota per se, but it's very dependent on your evaluations and so forth, if you're in traffic and you're doing speed enforcement in particular, or maybe they have a different campaign going on, like right now, the big campaign

So yeah, frankly, I'm from Pennsylvania, and you could not drive a vehicle that you had an expired sticker.

Or when I.

Got the Colorado albeit it was, you know, nineteen ninety seven, long time ago, but I was shocked that people ride around Colorado, Denver in particular, with expired place no plates, every day license plates and and there was like no consequences. It blew my mind. That was it was not like that in Pennsylvania.

Well, it just comes with the times.

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

You mean calls that would pull the traffic officers off of traffic duty.

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

As egregious as that.

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

Really interesting stuff. We have to take a short break. Stay tuned in. It'll be to your benefit. We'll be right back after this.

Go with a sure thing Denver's best roofer excel roofing dot com. You don't pay a cent until you're content. Time for an insurance checkup free no obligation. Comparison call Compass Insurance paying too much your coverage at dozens of insurance companies find out now three all three seven to seven to one.

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.

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

You know.

Callers brought up some uh uh you know, some great things to talk about. Unfortunately, uh for one, uh we had a you know, a death resulting from a COVID shot. But anyway, it's been a great show so far. We have a special guest with us today, Gary Millspaugh uh and we have Deputies Bo and Deputies Dmitri in studio with us. Always a pleasure, always exciting. Thank you, Thank you have good things to say and add colorful comments.

Is that what you mentioned?

Mark?

You may recall that I said that I have a boatload of insurance. I maxed out all of the policy limits on both my auto and my umbrella policy. And I did that not only to protect myself in the event of you know, through medpay and similar things, but I also did that to protect the other party. In case I really do accidentally insure somebody, I feel like I'll bear some responsibility. So my question is from the perspective of a guy who doesn't want to face you

Well, I answered the last question first.

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

With unlimited number of hours. Well, they could build, yes.

Because you know, any insurance policy carries with it two obligations from the inshort er.

You got it. That's that's the difficult to say. In short er.

Anyway, they have a duty to defend and then a duty to indemnify. And the duty to defend is what you're talking about. And so they will get counsel for you and defend any claims against you. Now, you you said you bought you buy lots of liability insurance for two reasons. That's one of them was because I want to be responsible if I hurt somebody that I don't think in thirty years maybe I heard that before, but

Or health or their ability to move around. That is a I don't want to live with that.

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

Tom, stay on the line.

But in answering Deputy Dmitry's question, the answer is likely no, that you would not be a bigger target because you know, when a case, for example, a case comes into my office, right, you know, I evaluate cases based on two preliminary criteria. Number one is liability, right you know, with someone else responsible. And number two is damages and whatever the damages are, the damages are.

You know, I don't really think.

That you can you know, you know, if you have a ten thousand dollars claim, you know the fact that the defendant has a million dollars of insurance, you know, because really you can't push or or you can't overestimate the value of damages. Do you know, even after thirty years, I think to myself sometimes when I'm reviewing a file or sitting and talking with a client.

You know, my evaluation is what would a jury do right?

Because you know, people think that, you know, there's runaway juries and outrageous verdicts, and.

You know that hasn't been my experience.

You know, it's like, these are regular people and you're going to have to tell them a story about what happened, what your damages were, you know, what harm was incurred, and they're going to be reasonable people, and you know they're gonna they're gonna come back, Hopefully they're gonna come back with something that's fair. And you know, and and even though I talked earlier about the fact that my law firm I think is different than others in that

And are we are? We moving into a break right now?

Tom, stay on the line.

We'll be with you.

I talked too much, Uh, stay on, stay tuned in.

We'll be back after this.

Go with a sure thing Denver's best Rufer Excel Rufe. You don't pay a cent until you're content. Time for an insurance check up free no obligation comparison call Compass Insurance Paying too much your coverage at dozens of insurance companies find out now three oh three seven seven one help. 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.

Yeah, rip.

News.

You need advice who.

You don't have? Come run anxious as fast as we can.

Shooter's gonna help.

Come man, this is the Troubleshooter Show.

Now Tom Martine, It is not Tom Martinez, it is Marco Bendinelli from the Bendinelli Law Firm, the best choice for the injured in Colorado. You know, the best law firms are not necessarily the ones that advertise the most CEO law firm.

That's our website.

Bendanelli Law Firm can be found at www ceo like coloradocolaw Firm dot com. Go there if you need us and you will be served anyway. We are back at the Troubleshooters Show, the home of the consumer advocate, Tom Martino, the best in the country.

He's been doing.

This for forty five years, taking your complaints, listening to you and actually caring, and then getting involved in your circumstance and working it out to your benefit. He holds people accountable. This is not just entertainment, although we hope you're entertained, but this is actually Troubleshooter Show and Tom solves problems. There's been hundreds of millions of dollars in cash, merchandise and services recovered for consumers everywhere. And you can

Am I there?

You are there, sir?

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

Okay, all right, that's usually how it works.

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

Right, you said that. Okay, So what happened?

They Monday came, nobody showed up.

Tom, Hang on second, Tom.

So are we to understand that today came, which is also Monday.

And you still don't compet?

This was Monday, three three weeks.

Yeah, I know, I know, but we're talking. Let's talk about today, which is also Monday. Do you have your new carpet or not?

No, I don't have my new carpet.

Why not.

Nobody showed up?

Well, I'm sure you called them. What they said?

I paid them sixteen dollars for the carpet. They wanted me to pay for the carpet and the installation. I refuse to pay for the installation until after it's done.

Is that why they haven't installed the carpet, because you haven't paid for the installation.

No, they said they came today, and nobody came today.

Wait, that doesn't make sense.

After this was after we settled the first dispute.

So I heard what what?

What?

What?

How many disputes were there? I thought there was only one. You paid for the carpet and they didn't deliver.

Yeah, you won't let me. Do you want me to let me explain? Well, first time, the first time I called and they said that I didn't sign the contract. This was three weeks ago. So I went back to the store that week and I signed another contract, and then that was supposed to be all good until this monday. They were supposed to come this Monday and install it, and then I was going to pay for the installation after it was done. Well, they never came today.

I hate to break it to you, but today's not over.

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

Which there's a bunch of carpet mills in Colorado.

Which which story are you talking about? There are?

And uh, if you want me to specify the store, this the one on West.

Colfax by Denver West.

No, not that Colefax and Kipling.

Okay, yeah, okay, So.

Tell them are they going to reschedule the installation and show up on another day?

Or they call and they said they won't reschedule it unless I pay for the installation.

So do you think the whole thing is related to uh, prepayment for the installation.

It seemed like they told you that before.

Uh, well, we had it. We had it to where I wasn't going to pay for the installation untill after it was done.

And they agreed to that.

They agreed to that. So you gave him sixteen hundred dollars agreed to that?

You gave him sixteen hundred dollars.

I paid for the carpet, yes.

And how much is the installation?

It was another sixteen hundred or thirteen or something like that.

Yeah, okay. And and did you talk to the manager and he said, okay, you don't have to pay for the installation until after we inssaw the carpet.

Did you have that agreement?

We had that agreement until today in writing? In writing, yes, okay.

So is there a reason that that you wouldn't pay for the installation. It seemed like, you know, they're a big business, they're.

A reputabilitation before it's done.

Okay, Well you paid for the carpet before you before you had it in your possession.

Never pay up front, Never pay up front for anything.

You know.

It seems like, well, you know what, Listen, we'll investigate that off that time.

Tom, this is bo.

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

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

And now, Tom, what did they actually go ahead?

And they may say, and they may say, we're not installing the carpet until you pay for the carpet and the installation.

Have you talked to Tom Martino lately? What Tom Martini pay for installation until after it's done?

You know what.

I'm not gonna speak for Tom, h but well, you know what we'll do is listen, you think.

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

I'm not gonna pay for the installation until after it's done.

And you have an agreement with that. You've got the contract written out's stating that fact.

Agreement with that.

Yeah, it is written in the content.

You talk to general man the job said Tom, I'm gonna do it till after.

Tom everything Tom, Tom, Oh, are you thereready?

Dragon? Tom?

Yeah, I'm here.

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

Can you do that?

It's good advice, dragon.

Tom. Can you do that?

Call that guy out there.

Tom. We will need the contract in order to fight for you. Do you have that in the contract?

Don't know?

Then no, I've got it.

You seem pretty sure.

But listen, that's good advice dragon Tom.

Just email us the contracts so we can look at it and if that language is stated, we'll call over there.

And you know, so email that and we have your number and we will investigate that. We need to see it in the contract obviously, and uh, and we'll investigate it for you.

Tom.

Listen, Tom, Uh, we're gonna cut bye, Tom, see you, Tom.

We're gonna go to Joseph. Uh. You know what.

Listen, we we are limited by our.

Humanness and so we will uh.

Cut ties with Tom.

Good luck.

Oh, Joseph, you have a question of fire returny. We need to take a short break, So stay on the line and we'll be right back.

Go with a sure thing. Denver's best roofer Excel roofing dot com. You don't pay a cent until you're content time for an insurance check up free no obligation comparison call Compass Insurance paying too much your coverage at dozens of insurance companies find out now three O three seven to seven to one help. You'll think you're his only customer when you choose Frank durand the real estate man dot com to list your home with Remax Alliance three three nine two zero sixteen twenty two.

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

We want to help consumers.

Tom Martino, uh set that precedent, and you know Tom is is the is the national leader. Really he's been doing this show, The Troubleshooter for forty five years. And so call us what a problem. We will help. Tom called and had a problem with carpet meal. But perhaps he did not want to pay for the services. And Tom Martino does say, you know, you could pay for materials and maybe not pay for installation or for the work being done until.

It was completed.

Apparently Carpet Mill doesn't do things like that, and so Tom needed to do business with someone else basically. So anyway, that was rather exciting. This is my first time hosting for Tom Martino and Mark Major, and I've never had so that would be the first time I had someone swear at me on the radio. Rather exciting for a Monday.

Yeah, it's not the first time that happened here.

But dragging behind the glass over there is pretty good at intercepting these and re walked down the clock.

He's got some kind of a time machine over there, something like that. I wasn't prepared for that.

I don't know if I could have been, frankly, but anyway, we are here to help. Three to three Martino, three oh three Martino.

We've got a couple open lines.

You can call in or email us at help at troubleshooter dot com.

I have a question for Gary there, Marco Okay.

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

Not just.

His dad is actually gold plated. I took a picture of it. I'm gonna bargain for it after the show. So Gary, I've always wondered this, if, please, when you get pulled over and we're talking about a person's constitutional rights, what's the story when a police officer asks you to step out of the car. Are you under I know you're not really under obligation to talk to him, but constitutionally, do I have to step out of the step out of the car.

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

But anyway, that's the point.

Okay, I got a question for Deputy both Why is that a? Why was that?

Your second question?

On?

How do I?

How am I able to not cooperate with law enforcement?

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

So what is the.

Next how do you do roadside sobriety tests or roadside maneuvers if you won't get out of the vehicle when the officer suspects that you're intoxicated.

Well, is what a criminal offense to not get out of the car?

Is that a Well?

You know, I understanding from case law from an office is purely from an officer's safety viewpoint that you need to get out of the car if the officer feels that his safety may be in jeopardy. As far as roadside maneuvers, you can decline they're consensual. You don't have to do roadside maneuvers if the officer asked me to do. You're not under you're not compelled to do that.

Okay, you're not compelled, so you don't have to you.

Don't have to do road you know.

I would say as a general consensus, UH to cooperate with law enforcement and things are likely to not escalate with a with a police officer if you cooperate, I would say that the chances dramatically increase that the circumstance and the situation will escalate should you be defiant, uncooperative, disrespectful. So you know, those those character traits are probably not useful in any circumstance.

Well, well, you're correct, because it could lead to an officer's discretion if he has the ability to end up placing you under arrest, whereas he could let you go maybe by a summons and one In either case, whether he lets you go with summons and whatever the case may be, he's going to put in his notes what your attitude was. He's going to mark that down. He's gonna be very specific on how you responded to the

Go with a sure thing Denver's Best Roofer Excel Roofing dot com. You don't pay a cent until you're content. Time for an insurance checkup free, no obligation. In comparison, call Compass Insurance paying too much your coverage at dozens of insurance companies find out now three O three seven to seven to one help. You'll think you're his only customer when you choose Frank durand the real estate Man dot com to list your home with Remax Alliance three three nine two zero sixteen twenty two.

Thank you for joining us. This is the Trouble Shooter Show. Uh, Tom Martino and Mark Major are not here. I'm filling in. My name is Marco Bendinelli.

We are well.

My firm represents injured people. We're a personal injury law firm, and I am.

Privileged to be here today.

Just really taken back, honored that Tom and Mark would trust me to host this show. It's been great, it's been fun, it's been exciting. Uh, it's been a rather up at the Monday. Uh, and time has flown. So we're glad you're tuning in. We're glad for your appreciate your calls. We invite more. Give us a call at three oh three Martino, three three Martino, and let us know what's going on with you. Are you having problems with a contractor are you having problems with anything anything

Uh.

So we appreciate you listening. We appreciate your calls. Uh, three oh three Martino. You know Tom has been uh. You know, we we listened to a rather emotional description as to why Tom had been out for months and uh and Mark Major gave us some details on that, I think for the first time last week. Uh in that you know, Tom had been diagnosed, unfortunately with pancreatic cancer.

A death sentence. You know, I won't mince words.

And fortunately Tom underwent a surgery that the surgeon was able to extract all of the cancer. And you know, Tom is going to be fully recovered. He is in the three percent of people that survive pancreatic cancer. And so we are very very happy about that. We enjoy and you know Tom, and you know, he is such a talent and he is such a sincere consumer advocate. He's done so much for so many people. You know, we you know, consumers in general. Oh Tom, you know,

Like that, something like that, forever and ever and ever.

You know, and again, and Mark major shares Tom's passion and that's why they've been such a successful team.

You know.

It's really it's really wonderful one. And I'm just privileged to have been exposed to this little bit. And you know, I've been down here as a guest a couple of times, and you know, it's really compelling. You know, the passion, the sincerity, you know, the focus, and so I am I'm honored to be sitting in Tom's chair.

Frankly, Mark, I don't know if this is I think that's a good time to ask you for a follow up on a case that you called in or we called you about a month and a half ago.

Okay, Now, I'm.

Used to lawyers in movies saying, hey, I can't comment on pending litigations, so that's your out. But but to the extent that you can answer or at least bring us a little bit up to date on this. You may recall about a month month and a half ago, a lady called us because her husband unfortunately died as a result of choking, and she found out that he had an accidental death.

Policy through his employer, and I can tell you about that case, but we need to take a quick break. We can't take it.

I can't wait.

So stay tuned and you're going to hear about a real life circumstance on a life insurance denial. We'll be right back after the break. As a guitar player myself, I just love that lead guitar. This is Marco Bendinelli from the Bendinelli Law Firm, filling in for Tom Martino and Mark Major.

Please to do so, honor, to do so.

Prior to the break, Deputy Dmitri asked me a question about a prior case, which I will answer. However, we've got a caller on the line who has a question for our special guest, Gary millsbah a retired I said, retired police officer. Us are previously and that's not inaccurate, but he was actually a lieutenant, and you know there's some honor and distinction that comes with that. So that is who Gary Millspaw is. He's a retired lieutenant from

Go ahead, Pat good afternoon, gentlemen. Hey, in watching a few of those late night police shows, a lot of people don't have driver's license when they pull them over. How prevalent is that?

Actually, it's not that prevalent, to be honest with you. I mean, most people that we contact, if I had to give you a percentage was they did have in fact the driver's license. Oftentimes it's an expired driver's license. Oftentimes it's a suspended driver's license they have or revoke driver's license. That we find out obviously when we run

Okay, Okay, Well I just wonder what about people with no insurance.

Yeah, we do come across a lot of that. Unfortunately, with that, yes, there is a lot larger population that does not have valid driver's license or valid insurance. Oftentimes, as you would figure we find that out not only traffic stops, but primarily at accident scenes.

Gary.

What percentage of the driving population out there would you say is uninsured?

Well, as far as the contacts that I would have, I'm just going to say from personal context, I would say about forty percent and maybe a lot higher.

Wow.

What yeah, wow?

Shots, Yeah, yeah, that's why we pay uninsured motorists coverage and underinsured motorists coverage.

Well, Pat, I'm gonna jump in there on that comment. Hold on a second here, Listen, that is the most important, uh, part of everybody's car insurance policy.

And rarely do people know that h M.

We call it UM which is uninsured and underinsured motorists. That is absolutely the most critical part of your car insurance because if that coverage steps into an AT steps into the shoes of an at fault.

Party, that may injure you.

So really, if they are uninsured, or if they have state minimums twenty five thousand, uh, you know, then your UM coverridge kicks in. And I've you know, being a personal injury lawyer for thirty years, you know, I've seen some tragic things, some terrible things, and that M check. Sometimes people you're more likely to be disabled in a car accident than anything else. And that M check is the last check people see before they get some security disability.

We'll see us soon. Thank you,