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"She pee'd on his inhaler!" · Yo Gavel Gavel! - Court TV Commentary

0:03
This is a Bramble Jam podcast this week on Yo Gavel Gavel. If you
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walk into a construction site without your contractor and then blackout and wind up in
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the hospital, is he responsible? Judge Gino is gonna put the nail on
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the head. And if you banish your friend down of the basement and the
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stuff gets moldy, is that your faults? Judge faith Tals. That's real
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people cases stake justice. This is Yo Gavel gave Oh damn, damn damn
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birthday. Yes, that birthday. It's not your birthday. Hey, it's
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not your birthday either, that's it. But this weekend January eight, it's
0:52
coming right, I'll try to do this birthday week thing. Don't try.
0:55
It is birthday weekend, Yeah, birthday weekend, but Friday starts with Gavel
1:00
and then we go to birthday. Okay, okay, I'm sorry. Well
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it's not your birthday. It's my birthday. When I'm getting in the groove
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though, yeah, why why how did that become a thing? It's your
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birthday? I don't know, but I mean fifty cents cemented it? You
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sure, Dan? It is his birthday. Every day's his birthday? Right,
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Um, what's your favorite fifty cent track. Oh, I think it's
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in the club. I know that that's an easy one, but I mean,
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come on, we're a club all the time. So pop pop off,
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pop off, Shady after Man, Yeah, yeah, um cool man.
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I'm so excited about this. I gotta Judge Faith. You got Judge
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Gino? Man, I love Judge Gino is like I just love Personal Injury
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Court. It's just a great love. I could just do a podcast about
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personal because it's just like it's the stakes are so high, they're so and
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this this is the highest stakes we've ever seen. Really on the gable over
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Millie, over a millie. It's Melee Gino, Judge Saith is not gonna
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get to a million today. You don't oh um? No, hey,
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um, Happy New Year? Do you hope you don't want to owe great?
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I hope you haven't. Wonder had a wonderful holiday season. I hope
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our listeners did as well. Um looked in that stocking getting find your Bramble
2:13
gym plus membership. Really sorry, but now it's the time Bramble gimplus dot
2:15
com. Nobody signed me up on the No one signed me up. No,
2:20
no one create an email. Um, yeah, do it. You
2:23
can listen to our thoughts on the Christmas movies and top five bottom fives and
2:30
a bunch of other fun things and lots of exciting stuff playing for this here
2:34
year of twenty twenty one, twenty twenty, it's in the past, twenty
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twenty one. Big big boys, big ballers, boys, big ballers exactly
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right. Um, would you like me to go first? I wouldst Judge
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Faith yea is her name? You know. I love Judge. Faith courts
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her game, courts her game, I love. I love her. Her
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cases are real and her um her verdicts are fine following. That's different than
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we normally get. Yes, so that's kind of a big deal. Here.
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I want to introduce you to Greg Albert. Greg Albert, come on
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down. I was doing a fat Outbert, I know I was doing a
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price is right? Can you still do a fat out? Can we still
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do fat out? I don't know if hey, hey, heyes? Okay,
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it's Greg Albert. Um. He is suing for one thousand, two
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hundred and thirty six dollars worth of unpaid electric bills. Okay, he's suing
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his friend, uh well, former friend, former bandmate and former roommate Levi
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Prody leave Prody and he's Levi is countersuing for six hundred dollars for damaged property.
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Are you ready? I'm ready? Uh. Greg and Levi they met
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three years ago, as most young folks do, at a party, party,
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a party, and they're doing a little this, doing a little a
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little dancing, a little a little, a little bit of this, a
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little bit of that, and they really hit it off because they are both
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what musicians, Yeah you did us. They're both musicians, and they bonded
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over their love of music, and they decided, we are going to rent
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a house together, and we're going to rent a house that has a basement
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so we can have jam session, jam session the basement. You gotta have
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a jam. So they started a band, a metal band, A metal
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band. I don't know if that's met. Um. So they started a
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metal band together and um. One day, Greg gets home and season envelope
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from the power company. Okay, an electric bill. I am an electric
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bill Jing jing jing jing jing zing um and electric Bill was like, hey,
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uh, your boy leave I owes us over a thousand dollars. Now,
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yeah, it might be asking together, why does Levi owe a thousand
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dollars. Well, the way that they set up their renter agreement with each
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other was that LEVI would pay for one third of the rents okay, but
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one hundred percent of the of the power of the elector built okay. So
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that that was so he was responsible for all of it. Now, what
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he didn't realize when he agreed to this was you're bringing all of these amps
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and you're constantly jamming. It was a lot of jams, lots of jam
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sessions, lots uh yeah, um, lots of lots of metal and it
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was more than he was expecting. Yeah, so he wasn't able to afford
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it. But it wasn't a thousand dollars for one months it was. It
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was it was a few months late, built up, built up over time,
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built up over time. And um, he says, listen, I
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uh, I went to I went to him and I told him what's up.
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I asked him for help. Um. But you know it was,
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you know, ultimately the power was in my name, and so you know,
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I did the best that I could. I tried, tried. So
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Greg is sick. So he told Greg, he told he told Greg.
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Okay, he asked Greg. Yeah, So Uh, Greg is sickness.
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He's had enough, and so he says, listen, you have until the
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end of the month to leave. Until then you have to go. You
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have to move down to the basement because you're not gonna be paying anything.
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So I'm gonna but you got a month unless your girlfriend comes around and then
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you gotta leave. Wow, girlfriend was a problem? Is Her name is
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Marta Marta? And Greg says that Marta uh is extremely annoying and quote has
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the most annoying voice I've ever heard. Oh wow, Yes, just a
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voice issue. Greg seems a little bit bigger. So Marta is here.
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Yeah, her voice not that annoying. She is very uh excitable. She's
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excitable, and you've only eight minutes, so I've spent less than that.
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She's only on the stand for him. If you spent less than a minute
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with her and you're like, oh, she's she trumps two profanities of the
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thirty seconds that she talks, and Judge Faith tells her to sit down.
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And it's not like she's angry, she's just talking but can't and so um,
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she says, listen, Um, I'm not the problem. Greg's girlfriend's
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the problem. Greg's girlfriend pete on Levi's and Haler. We now we don't
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get any more information. We don't get any more throw out pete on it
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in Haler and I get nothing else because she didn't say pee. She said
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the other pe word for pe for urine, piss, yes, And that's
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not allowed in Judge Faith's courtroom. And so she tells her to go ahead.
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That's pity and on the middle school kids to apologie because I said the
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word. Yeah. Sure, um. And so that's all we get from
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Marta, okay, thank you. So here's the thing. So, uh,
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Greg tells Levi leave, don't leave whatever, but go. You gotta
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go down to the basement to day. And um, Levi is like,
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listen, it's it's moldy down there. It's a basement. And all of
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my stuff, my bad all of my possessions yet really moldy. They got
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moldy. And they go, yes, his bad, so his bad clothes,
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picks or anything. We don't have any pics of that. But what
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we do have picks of is another thing that he says was destroyed, and
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that was a guitar, an electric guitar, which is in shambles down there
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every night now uh, He's says Greg destroyed it, and Greg's says,
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yes, it wasn't the mold, it was Greg. It was Greg.
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It's in shambles, it's in three pieces, okay. And Greg says,
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yes, I did destroy his guitar, but it wasn't until two months after
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he left. He left the guitar there, and so I destroyed it.
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And Judge face like, why did you destroy He's like rock and roll,
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everyone wants to destroy a guitar. This is the perfect opportunity. Oh my
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gosh, and so uh he says, you know, it was until two
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months after. So clearly he didn't want the guitar anymore. It was a
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perfect opportunity to destroy a guitar, and so I smashed it. I thought
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it would be fun and it was. And Judge Faith is ready to rule.
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Wow, well, clearly he owes the power bill. I mean that
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is there a written agreement anywhere for this? They don't say, but they
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all seem to be the same. But nobody's arguing whether or not. I
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think that's easy the guitar. So does Greg owe anything to leave I six
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hundred dollars from damage? Do we have the the price of the guitar.
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We don't. It's just a six hundred dollar lump. Some I think it's
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a no. I think Gregor's gets off Scott Free. You just twelve thirty
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five six coming his way. You are one hundred percent got a rack coming
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out exactly right. One for one, Judge Faith says listen, Levi,
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Um, you were faced with a decision to leave or to go down to
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the basement. You chose to go under the basement there for the mold is
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it's yours. That was something you chose, you brought upon yourself. You
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abandon the guitar by it's nothing, you know whatever, No money for you,
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You owe all of it for the judge Faith, she is, she
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is down down the line I'm talking about. I love her. It's great.
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Um, I can't wait to get to Oh. I love personal entry.
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Quinn bring it, Mary Sad. We're gonna take a quick break.
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We'll be right back here on you'll gavel Cavil out of our best. But
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it's new. We're getting the new buttons. That's right, diving in.
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Uh here's the thing, not my buttons. Why we're really doing it?
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Fifty pussycat dolls, some crazy guitar thing diving in Steven Curtish man, we're
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really we didn't do Yeah, it was just but I said it pre show
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but I said it still just okay, whatever, not important. What is
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important is the personal injury court. Let me tell you about who Judge Gino
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is dealing with. Get into that legal sauce. Patricia McGuire is our plaintiff.
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Lizzie McGuire, not Lizzie. Patricia dale Brooks is our defense. Dale
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Brooks, Patricia McGuire is dale Brooks a good old boy. No he's not.
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He is. Uh, he is a seems like he's got a tie
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on, he's been a well, we'll get to him. He's not a
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good old boy country hic dude at all um bale brook He sounds like one
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old dale Brooks. Patricia is suing for three hundred thousand dollars for injuries received,
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two hundred thousand dollars in future medical and one point five million dollars in
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pain and suffering totally possible, totaling two million dollars. That is what she
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is suing for. Two mill Wow. I didn't know you could. I
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thought there was a limit on pain meaning but it's Now this is real,
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This is real life, this is happening. Two mill baby, that's what
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we're talking about. So let's dive in for two million dollars, real people,
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this is uncanny. Patricia McGuire is a musician. She plays the bass
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and the ukulele for her indie band. She has pictures of her playing with
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her band. Her band is her livelihood, she says, indie band.
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But that's because they're not signed. But that is how she makes money.
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She does not another job. It is her full time job. Gino says
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he plays a little bit of saxophone and she said, you should join the
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band. They do a little banter ah um. She says. I was
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on tour for three months with my band. We were traveling the country,
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playing gigs every night, mostly bars and just small venues. But it may
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you know, it pays the bills. And while I was gone, I
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hired mister Brooks to build a top of the notch, top notch, top
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of the shelf, whatever, top of the notch, not just top notch.
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You get to the top of that note, you said. You go
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and you're like, hey, can I get a top notch? That's that's
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how much top of the notch gonna cost it, It's okay, Uh,
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a top notch recording studio in her second floor in her bonus room. Basically,
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she has a two story house, but she wanted the entire second floor
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of the house to be a recording studio. So um I hired him to
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build it. UH. Three months go by. I get home. I'm
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excited to go in and see this uh studio when I return. And before
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she goes any further, Gino turns and says, mister Brookes te us a
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little bit abou your credentials. All right, he said, I've been in
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construction twenty five years. I've had my own remodeling business for most of that
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time. In my estimation, this job was going to take in between three
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and a half to four months. We fell a little bit behind. It
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was not done. It is what it is classic. But I'm a professional.
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I do things the right way. He says that. So he goes
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back and says, all right, miss McGuire, tell me what happened,
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and she says, I walked through my house when I got home. I
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go up the stairs and I see there's still a drape. It's still a
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construction site. I opened the drape up. As soon as I opened the
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drape up, I stubbed my toe. I've been down to check on my
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toe because it hurts. And then I lift my head up and immediately bump
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into something. I don't know what it is, but I bump into something
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and I feel an excruciating pain in the right side of my head. It
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is unbelievable how much pain this is. So she she goes, she opens
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up a drape. She comes through that like the cloth whatever. So she
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subs her toe, bends down, comes back up, and then right something
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is there that maybe wasn't before, or just the side of her head.
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We don't know anything else. And she said, she said, I thought
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I was having a stroke. I call nine one one. I pass out
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on the nine one one call. I wake up in the hospital bed and
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the doctor there is there to tell me that a three inch galvanized nail has
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pierced my skull. Uh. It is gone through her behind the optic nerve,
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through her temple, behind the optic nerve, and into her skull.
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They have the X rays. It's a giant nail right here on the X
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rays. She has where did it come from? She has I'll get there,
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okay, nine one one, call that. Literally, she says,
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I'm in pain. I'm in pain. You need to help, and then
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she's done. She blocks out nothing else. She has picture of a lot
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of blood on the floor everywhere. Buckets. Uh. I don't know if
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there's buckets or not, but yeah, um, it's a We turned to
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mister thank you. Uh. We turned to mister Brooks. He said,
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it's a galvanized industrial strength nail. It came from a nail gun that was
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on the construction site. Um. That that's all I can to I wasn't
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in the room. I can't tell you how she got the nail gun to
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fire or anything like that. But that's that's where where it came from.
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Uh. A nail gun, Yes, an industrial strength nail gun, galvanized
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steel three inch nail. So, mister Brooks, what tell us you're yeah,
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it came from a nail gun. That's where it came from. Nail
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gun. And it was this angle right here. Did she hear anything No?
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Um, she but stubs her toe, leans down, gets up and
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the nail gun comes through this way. That's what we got. So we
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asked mister Brooks, what what's going on here, And he says, I
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pulled up to the house, and when I said to the Cabby, smell
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you later. And once we got that out of the way, said,
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I pulled up the house, I saw miss McGuire scurrying in a in a
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big hurry, and I we had a meeting, and and so I got
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my and so so I was like, she must have to really go to
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the bathroom or something. I got my stuff together. I walk in the
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house, I walk up the stairs, and I immediately see her on the
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floor. I see the blood. She's passed out. I'm terrified. I
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call nine one one immediately. I'm freaking out. You gotta get over here
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quickly. You got even know I give it. We don't, but we
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have hers and they ask her for the address, and she's out cold.
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So we don't know that his nine one one call saved her or not,
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but she he was trying to help her, and and and Gena says,
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do you feel bad for me? And she's wearing a full rap and an
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eye patch. UHO always wants to know they feel bad. Do you feel
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bad? And he's like, I feel really really bad for her, Like
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I like, this is awful like, I can't believe it happened. Uh,
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And he said, so, why is this not your fault? He
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said, well, first of all, you should never go to an construction
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site by yourself. But but we had a meeting scheduled in the garage at
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one thirty. I have text messages to prove it. He hands Gina the
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text messages, and sure enough, my flight gets in at noon. Great,
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meet me in the garage at one thirty. She says, yes,
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I will meet you in the garage at one thirty. And he says,
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here's why this is important. We were going to look over some paperwork.
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We were gonna make sure she was happy. Then we were going to head
18:32
upstairs and together I was going to navigate her through the construction site. That
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way, she would not have injured herself. If she followed my instructions,
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then she would be perfectly safe. And not only did she not follow my
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instructions, she was early. She wasn't there at one thirty. She was
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early in the one thirty. It is her house. She's allowed to be
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early, but she didn't follow my instructions. Judge Gino said, miss McGuire,
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did you agree to that meeting? Yes, I agreed to the meeting.
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I was a bit early. I didn't think I needed No one told
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me I needed guidance to go through a construction zone. I mean, no
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one told me that. He wasn't clearly, he can't tell me that.
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And I thought he was already there. I thought he was already up there.
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I thought he wasn't in the garage, And so I went up there
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to meet him, and he said, did you not see a car out
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front? She said, well, I don't know what kind of car he
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drives, but there was no car in the driveway. So now, uh,
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He says, do you take any personal responsibility for your injuries? Miss
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McGuire, She says, no, I don't make any I was not made
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aware of any dangers of the site whatsoever. And he says, so,
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tell me about this two hundred thousand dollars of future medical She was aware though,
19:33
that it was still under construction. Well, it wasn't a surprise to
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her. She saw, then they're gonna be pictures that come in a little
19:41
bit later that would make it obvious that the job is not okay. But
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you know, if you yeah, you could see the cloth and be like,
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oh, maybe they left it. Yeah, but when you shop sircase
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that's still not finished outside of the out there. Okay, it's obvious that
19:55
there's still Okay, So he says, tell me about this two hundred thousand
19:57
dollars medical future medical. He says, I understand the three hundred thousand dollars
20:00
medical. Two hunder kay future medical. And she says she has to have
20:04
therapy for her for to see. Yeah, she's not They said she probably
20:10
won't ever see in the right eye again, but retraining her eye. She
20:15
currently can't play any music if you can only see it. If you're you
20:18
know, you live a lot of your life with Yeah, double eyesight.
20:21
Losing one eye give you headaches, Yes, it affects a ton. Yeah,
20:26
so headaches, optic nerve therapy, and then she can't play her instrument
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right now, she's currently just hemorrhaging money because she can't play her instrument because
20:34
it's impossible for her to concentrate visually on things, and so that is costing
20:38
her money. She can't calculate. It's her entire livelihood that she can't do.
20:44
The doctor says, this is the pain and suffering is what we're into
20:47
now. The doctor says, she probably will never have a sight in her
20:51
right eye again, doesn't know when she'll be able to play again, and
20:53
so she she thinks her livelihood is completely gone. Her eye coincidentally, will
20:59
look normal. She may have a scar there, and she says, right
21:03
now, the scar's nasty, but her eye will look normal. If you
21:06
look at her, it will look like she has two functioning eyes because it
21:10
just pierced the optic nerve and it didn't mess with the actual movement or the
21:12
color or anything else of the eye. So goes back to mister Brooks.
21:18
He says, look, I feel terrible this happens. I've been in construction
21:19
twenty five years. I've never had anything like this happened. But I need
21:23
you to understand. She also wasn't properly dressed to go on the work site.
21:27
She wore flip flops, which you never do on a work site.
21:30
And there at the door of the construction site there is a bin of safety
21:37
equipment that everybody that works there has to have on. There are hard hats,
21:41
there are vests, there are glasses, there are gloves, anything you
21:47
need to put on. And if she had just waited, we would have
21:49
gone through all those steps together, she would have never entered it alone.
21:53
I don't want this to happen, but I also can't take responsibility for someone
21:56
entering a work zone without being properly, you know, dressed to be in
22:02
a work zone. It was a recipe for disaster. Gena says, did
22:06
you see the bin of equipment? She said, I didn't see it.
22:07
There is a picture, it's there. There's a picture of the staircase is
22:11
clearly they're still working. And why would you even climb the staircase with flip
22:15
flops on? I don't know. So he the court hired an independent contractor
22:19
to come out and talk about nailguns, and he describes a nailgun and what
22:25
it does. It's super boring. But then he shows a video of the
22:27
nailgun that the same model nailgun that was used on the site, and it
22:33
pierces directly through a hard hat. So basically to prove that was gonna be
22:37
my my question was gonna be what a hard hat of helped? So he
22:41
asked this guy, Geno asked this guy that, and he says, wearing
22:45
this equipment naturally helps. It's good to do, but a nailgun to the
22:49
head would not be protected by a hard hat. Do we ever get to
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the bottom of how it fired? No, we do not. We get
22:56
her version of the story, and that is the only version we get.
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Stub my toe down, bit back up. Immediately something hit me and I
23:02
felt excruciating because in order for a nail gun to fire, you it's a
23:06
trigger, it's a it's a it's a it's a gun, right, a
23:10
nail gun. Yeah, okay, yeah, So we don't get to the
23:12
bottom of that. So uh at this point, Judge Gino ready to rule
23:18
three hundred k passed two hundred k future one point five pain and suffering a
23:22
total of two million dollars. Well, in order you know, for um,
23:29
what's his name, Dean Dean cast Dale Brooks, Dale Dale Brooks.
23:33
In order for dale Brooks to be found uh guilty, so to speak,
23:37
and this, they have to be able to prove that he was negligent and
23:42
that he uh you know, didn't take the proper precautions for safety. And
23:49
it seemed to me it seems like he did, you know, he wanted
23:56
to have this meeting, he wanted to be there. She rushed ahead,
23:59
she went through the cloth, She did all she didn't put on the safety
24:03
equipment that he says is right there, and so it seems like he did
24:07
everything that he could to make sure that something like this wouldn't happen. But
24:11
if you have, if you ignore all of the safety clues around you,
24:18
and you get hurt, I don't know if I don't think that's Dale's fault.
24:23
And so you know what, I'll give her. I'll give her something
24:27
because you know, I don't know. Actually I'm not. I'm not gonna
24:33
give her anything. I'm not gonna give her anything, and I know I'm
24:34
gonna be wrong. Yeah, So I'm with you on this one hundred.
24:40
Judge Gino is not I feel I love Personal Injury Court, but I feel
24:45
that Judge Gino plays to the crowd and the sympathy and the emotion and not
24:48
the law. Because look, I feel really bad for this girl, but
24:52
this is on her in my opinion, Like I was very strongly like this
24:56
construction. Dude is a stand up dude, and he has everything to prove
25:00
it. His papers are orderly, like he is not a guy that's trying
25:03
to trick anyone. And Judge Geno says, um, mister Brooks, you
25:10
tried to do what was right. This still happened. The plaintiff must prove
25:15
that the defendant's wrong caused the injury. I do believe that the plantiff has
25:19
proved that it was at least some the defendant was somewhat negligent, and partly
25:25
response, how how did she prove that? What's something that he did?
25:30
He never that's that's wrong, Genever, you know it's wrong. It is
25:34
wrong. He never explains why. But then he looks at her and says,
25:37
but you are also very much responsible as well. I am basically award.
25:44
I'm saying that you are forty nine percent responsible and the defendant is fifty
25:48
one percent responsible, which works out to one million and twenty thousand dollars awarded
25:56
to the planiff. She's an instant millionaire. She's crying in the courtroom,
26:02
one out of one eye. Who knows. It's unbelievable. And as much
26:07
as I love the personal injury court, it drives me crazy that it's just
26:11
like, I feel bad for her, but the percentage game is such a
26:17
so ridiculous what however you're feeling that day? G You know, like Fortin,
26:25
she's only responding, He's only is he responsible. She's responsible for only
26:30
so you're saying he is more than a half Yes, responsible. Yes,
26:34
that's wrong. And at the end of the day, the most important thing,
26:40
and the biggest crime of this is that we don't get to the bottom
26:42
of how the gun shots the nail. It takes pressure, it takes pressure.
26:49
There's something, there's something fishy here. Yeah, I agree, she
26:55
shot herself. I think she fell into it. And like the gun has
26:57
a thing where if it pushes in, it pops back out, you know
27:00
what I mean, Like Neil guns on automatic. Yeah, but if he
27:03
left it on that setting, I mean you could maybe argue I was.
27:07
I was not happy, but I was happy to have the case. Great
27:10
case, great case. We gabbled hard, I mean good. I mean,
27:12
she's a millionaire now, so yeah, good for her for her.
27:15
Not af your taxes though, Patricia, good luck. Hey, welcome to
27:19
the uh you know, next tax bracket? Am I right? Everyone?
27:23
We're all there for sure. We did everybody, uh and I think I
27:27
think uh, I think we might be back next week. I think we
27:30
will. I think we'll do it again next week and we'll have a good
27:33
time doing it. You can email us Brandon deck the homework. I'm sorry,
27:36
Brandon Brandow Jam podcast dot com, either one or Dan at brabol dream
27:38
podcast dot com. However you want to email. If you find a case
27:41
on the internets or watch one on the TVs, let us know why try
27:45
to hunt it down. UM, we love you. Hit the button,
27:51
We love you too. Next we can tell that all uh you. Gabble
28:00
Gabbles a bramble Jam podcast recorded live in Greenville, South Carolina, at the
28:03
Bramble Jam Podcast Network Studios. It's produced by Brandon Gray. For more information,
28:08
you can go to Bramble Jam podcast dot com slash gabble