93.1 KISS FM – Ask A Lawyer, Part 15

Female: Waking up with Mike and Tricia on 93.1 KISS-FM.

Tricia: Okay. We are back with Ask a Lawyer. We’ve got Michael Gopin in studio. We figured out what was up with his phone. It’s his wife calling him.

Michael Gopin: Uh-oh.

Mike: He didn’t want that known.

Tricia: It doesn’t matter. Too bad.

Mike: He’s going to have to hire an attorney.

Tricia: Yeah. You can’t tell us anything in the studio.

Michael Gopin: I know.

Tricia: Because you know it’s going to go on the air.

Mike: Yeah, you know, that is true.

Tricia: It is true. Sorry.

Mike: That is true.

Michael Gopin: She is the doorbell ring.

Tricia: And I figure she’s sitting there at her house or at the…or in her car and she’s like, “Watch, watch this. I’m going to do it again.”

Michael Gopin: Yeah. Yeah, if it rings again, we know she listens, right?

Mike: I’m so glad though that you’re not like other guys who have like, some kind of a mean ringtone for their wife, you know.

Tricia: I know, yeah.

Michael Gopin: Those are their ex-wives, right?

Mike: Yeah. Or for that, but some guys I mean, their wife doesn’t even know, you know.

Tricia: Yeah.

Michael Gopin: Uh-oh.

Mike: Because when you’re at home, of course, you know, she’s not going to call you. So they don’t know that you have the Godzilla theme or, you know, some other kind of ugly thing.

Michael Gopin: Uh-huh.

Tricia: The Twilight Zone.

Michael Gopin: Not that you would know personally though.

Mike: No.

Tricia: Yeah.

Mike: No, not at all. Not at all.

Tricia: I know as wife, he knows better.

Michael Gopin: This is not a confession, right?

Tricia: No. Okay. Let’s ask some more questions here. Raina from Horizon said, “I fell inside of a supermarket and no one came to help me. They left mops everywhere from a leak on the floor after the storm. I filed a complaint. But no one wants to take my case. Is there anything I can do?”

Michael Gopin: Yes, Raina, there is. Well, you could call us first of all, because we may be able to take your case. From the limited facts that you told us, it sounds like you have a potential case there. Hope you weren’t hurt too bad. But if you were, we could help you with that. The stores do have a duty to make sure it’s a safe environment for you. If they knew there was a leak in the floor, which I’m sure…we had a lot of leaks last week here in El Paso, so they needed to put signs up. They need to dry the floor. They need to make sure it was safe for you. And it sounds like they knew about it but it was still wet. And you may have a potential case there.

Mike: Yeah. Because she mentioned mops, right?

Tricia: Yeah.

Michael Gopin: Yeah.

Mike: She says they left mops everywhere, so clearly they knew.

Tricia: Yeah.

Michael Gopin: So they knew about it for sure. And that’s the first standard to note that they had actual knowledge of the problem. And they did, so.

Mike: And then the good thing is that most supermarkets, they’re going to have cameras.

Tricia: Yeah, exactly.

Mike: Right? I mean…

Michael Gopin: They may. They may not want to share that very quickly.

Tricia: I was going to say.

Mike: Yeah. But I mean a lawyer could make them.

Michael Gopin: Yep.

Tricia: Yep, exactly.

Mike: Michael J. Gopin could make them.

Michael Gopin: We can and would.

Mike: Yeah, you see. There’s an answer to this one.

Tricia: Yep. Yep.

Michael Gopin: I’ll tell you.

Tricia: Jared from East El Paso says, “I’ve seen your commercials for hernia mesh claims. What qualifies for someone to establish a claim?”

Michael Gopin: Our requirements are that you had the initial hernia mesh repair, and then it fails. And then you have to have a second surgery. Sometimes people have pain or symptoms of problems but don’t go as far as having the second actual surgery to repair the first one. So that’s our requirement to take those type of cases. They are very strong cases. And I think if you’ve had that issue and problem and had it repaired, we’d be happy to talk to you guys and see if we can help. But those are the requirements.

Mike: So if you had it repaired and you’re still having problems, right?

Michael Gopin: And had the second surgery.

Tricia: And had the second surgery.

Mike: Right. But and you’re still having problems, not like I…

Michael Gopin: Not necessarily.

Mike: Even if you had the second one and…

Michael Gopin: And then…

Mike: …you no longer have problems?

Michael Gopin: Yeah. We can still help you in that case.

Mike: Oh, wow. Okay.

Tricia: Oh, okay.

Michael Gopin: Because you had to endure the second surgery and so forth.

Mike: Okay.

Tricia: It’s the second surgery that makes…

Mike: Good to know.

Michael Gopin: Right. That’s the key.

Mike: So that’s very important. Okay.

Michael Gopin: Yeah.

Tricia: Yeah.

Michael Gopin: So I mean, they may not have used the same kind of hernia mesh the second surgery to repair it, hopefully, they do something, you know, better. But having the second surgery is what we need to be able to help you guys.

Mike: Okay, okay.

Tricia: Okay. Okay. And then Ishmael from the west side says, “I’ve been taking Zantac for a long time. I haven’t seen any side effects from it, but I want to make sure that nothing comes from me taking these pills. Can you explain the Zantac cases?”

Michael: Sure. They had an ingredient in Zantac that was linked to cancer, mostly bladder and liver cancer. Since then, they’ve taken out that ingredient and changed it to make it safe for people. So it’s generally if you had taken it, you know, before 2018, I believe, and had developed cancer from it, those are the type of cases that you may have a potential claim. And hopefully, you know, you’re not having any problems, Ishmael. And if it’s the new ingredient, which I’m sure it is, unless you have old medication laying around the house, you should be okay. But just, you know, keep an eye on everything. But those people who have been affected by Zantac and have developed cancer after taking it for at least three months, those are the people that may have potential claims.

Mike: Okay. So…

Michael Gopin: And bladder and liver are the most common.

Mike: Oh.

Tricia: Wow, yikes.

Mike: Wow. Good to know.

Michael: That’s pretty scary.

Tricia: [crosstalk 00:05:05] Yeah, very scary.

Mike: Good thing I can stomach almost anything.

Michael: Right?

Mike: You’ve see me. You’ve seen all the things I could eat.

Tricia: I totally have.

Michael: You don’t need Zantac, Mike.

Mike: And the expiration dates on them. You’ve seen that.

Tricia: Oh my God. He…I swear, when we first started working together, he would eat a bowl of cereal every morning for breakfast, and would not rinse the bowl or the spoon. Leave the residual milk at the bottom of the thing, and then come back the next day and use it again.

Mike: Yeah, uh-huh.

Michael: Well, you know, it wasn’t that bad, right?

Mike: Right. That’s what I would keep telling her.

Tricia: Oh, gross.

Michael: Yeah. Well, yeah.

Tricia: I have seen him leave a latte over the weekend…

Michael: Uh-oh.

Tricia: …on our desk and then warm it up and drink it.

Mike: I mean, you know, it’s warm now.

Michael: Hey, okay. Okay. He’s tough, you know.

Tricia: Oh, God, bleah.

Michael: True confessions here.

Tricia: Dude, seriously.

Mike: All right. Now, occasionally, we’ll get a question from someone who doesn’t really get what this feature is all about. You know, perhaps, you know, they missed the part about, you know, legal question. I don’t know. But this is what somebody wants us to ask you.

Michael: Uh-oh.

Mike: If this person has a claim, “I love my husband, but he’s useless and never wants to do anything.” Does she have a claim?

Michael: Oh, she’s got claims. In divorce court maybe but…

Tricia: Oh, Lord.

Mike: Would it really be in divorce court, like anything goes in divorce court, it doesn’t really matter what the problem is?

Michael: No. I mean, that would just be in terms of, “Hey, your divorce. You don’t have to worry about this loser guy or whatever.” You know.

Mike: I see. I see.

Michael: And I’m sure he’s not as bad as you say.

Mike: We never are.

Tricia: Oh, yeah.

Michael: Uh-oh.

Mike: All right. Is that it? Are we done? Do we have…

Tricia: We do have one more.

Mike: Okay. Well, let’s take a break. We’ll be right back and we’ll get to the last one. And this person does understand what the feature is all about.

Tricia: Yes. They actually do.

Mike: Okay then, we’ll be right back with one final question Ask a Lawyer with Michael Gopin.

Michael J. Gopin

Michael J. Gopin has practiced law in El Paso since 1987. Even after more than 30 years, he still remembers his first jury case. It was two weeks after receiving his license, when he represented a person whose life had been forever changed after being blinded in a work-related incident...