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THURSDAY 10/3/24 at 12:01am PST The DYOJO Releases Episode 119 (Season 6, Episode 1) The conversation revolves around the issue of insurance claims fraud, where independent adjusters allege that insurance companies manipulate damage estimates to save costs. The discussion highlights a case where an adjuster's initial damage estimate was altered, with the adjuster's name still attached, leading to significant financial discrepancies affecting the storm-damaged homeowner. The conversation also touches on the broader implications of such practices, including the need for transparency and proper documentation in the claims process. The speakers emphasize the importance of understanding insurance policies and advocating for policyholders' rights. In Episode 119 of The DYOJO Podcast 0:00 Falsifying Insurance Claims 7:26 Stephen Bush deposing insurance adjusters 11:12 60 Minutes investigates claims being altered 20:04 Professional weigh in on 60 Minutes coverage 28:52 Improving the insurance claims process WATCH on YouTube or LISTEN on Spotify References and guest appearances for this episode include: Sgt Ed from Restoration Crosscheck, David Princeton (Advocate Claim Service), Bill Wilson (book When Words Collide), Stephen Bush, Bebo Crain, Jim Thompson (book My Life is One Disaster After Another), prior episodes of The DYOJO Podcast. LAST EPISODE 118 Water Damage Industry Evolution  The DYOJO Podcast 119 - Falsifying Insurance Claims Thursdays are for The DYOJO Podcast - helping contractors shorten their DANG learning curve. Join host Jon Isaacson as we explore contractor stories, experiences, and best practices to help listeners thrive in the skilled trades. SOURCES: Prior article - https://www.thedyojo.com/blog/insurance-claims-whistleblowers#/ Video from 60 Minutes - Florida Insurance Carriers Used Altered Hurricane Damage Reports, Whistleblowers Say - https://www.youtube.com/watch?v=j5re7zBzrJk TDP 92 - Contractor Bankrupted by Storm Response RJC vs AISD Part 1 https://www.youtube.com/watch?v=yjsJYljF9_0&t=124s&pp=ygUOdGhlIGR5b2pvIFJKQyA%3D TDP 93 - Contractors Behaving Badly? RJC vs AISD Part 2 https://www.youtube.com/watch?v=J8I-z9kSr8o&t=182s&pp=ygUOdGhlIGR5b2pvIFJKQyA%3D TDP 96 - Moisture Damage Documentation RJC vs AISD Part 3 https://www.youtube.com/watch?v=pZlJa5jz64s&t=375s&pp=ygUUdGhlIGR5b2pvIFJKQyBwYXJ0IDM%3D TDP 98 - The Secret Life of Construction Contracts RJC vs AISD Part 4 - https://www.youtube.com/watch?v=uJ_Z5nOOtNg&t=684s&pp=ygUWdGhlIGR5b2pvIGppbSB0aG9tcHNvbg%3D%3D 
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SUMMARY: The DYOJO Podcast discusses a $200 million wrongful death trial in Oregon over the fatal shooting of Freddie Nelson Jr. in a Lowe's parking lot by a security guard, Logan Gimble, who is now serving life for second-degree murder. Nelson had a verbal altercation with a Lowe's employee over pallets, despite having permission from store staff. Gimble, who was not authorized to carry a firearm, pepper-sprayed Nelson and his wife before shooting him. The trial involves the property management firm TMT and the security company Cornerstone, with arguments centering on de-escalation training and the high crime area of the parking lot. In recent years, many contractors have likely noticed heightened security measures at home improvement stores like Home Depot and Lowe's. It’s becoming more common to see tools locked up and armed security personnel present. This shift raises an important question: What happens when an altercation involving security personnel escalates, leading to the use of force? A tragic case from Oregon offers a sobering example of what can go wrong when security protocols and training fall short. The incident, now at the center of a $200 million wrongful death lawsuit, involves the fatal shooting of Freddy Nelson Jr. in a Lowe's parking lot in North Portland. The Incident On May 29, 2021, Freddy Nelson Jr. was shot and killed by Logan Gimbel, a private security guard employed by Cornerstone, the firm contracted to provide security at the Lowe's location. Nelson had an arrangement with a Lowe’s employee to collect and recycle broken pallets, but the property management company, TMT, had implemented a strict "zero tolerance" policy for any unauthorized activity on the premises. On the day of the incident, Nelson was in the parking lot to pick up pallets when Gimbel confronted him. The altercation quickly escalated. Gimbel pepper-sprayed Nelson and his wife, who was in the truck with him, and then fired four fatal shots through the windshield of Nelson’s vehicle as he attempted to drive away. Gimbel, now serving a life sentence for second-degree murder, was later found to be carrying a firearm he was not legally allowed to have as a security guard. The Civil Lawsuit Kari Nelson, Freddy’s widow, is now suing both TMT and Cornerstone, seeking $200 million in damages. Her attorney, Tom D’Amore, argues that the shooting could have been avoided if Cornerstone had provided better de-escalation training to its security personnel. He asserts that Gimbel's actions were unnecessary and that Cornerstone’s lack of proper supervision and training led to Nelson’s death. On the defense side, the case is complex. TMT’s attorney, Sharon Collier, acknowledged the tragedy but placed the blame on Cornerstone, claiming the security company did not follow TMT’s instructions to avoid engaging with Nelson. She explained that the Lowe's location was in a high-crime area known for drug activity and gang violence, which is why they hired Cornerstone in the first place. On the other hand, Cornerstone’s attorney, CJ Martin, admitted the company’s negligence but pointed out that Gimbel had passed all necessary background checks and training programs. She emphasized that Oregon law requires security personnel to prioritize de-escalation whenever possible, which she argues was not adequately considered under TMT’s zero tolerance policy. Lessons for Contractors and Business Owners For contractors and business owners, this case highlights several critical lessons when it comes to security on job sites and other properties. 1. Clear Communication and Policies: When property owners and contractors hire security companies, it’s essential to ensure there’s a clear understanding of policies and procedures. In this case, the lack of communication between TMT and Cornerstone regarding their handling of Nelson created confusion that may have contributed to the tragedy. 2. Proper Training for Security Personnel: The most important takeaway is the need for comprehensive, ongoing training in de-escalation techniques for security guards. Gimbel’s actions underscore what can happen when a situation is mishandled, leading to fatal consequences. If Cornerstone had provided better training, or if Gimbel had adhered to a de-escalation protocol, Nelson might still be alive today. 3. Liability and Risk Management: This case serves as a reminder that liability doesn’t just fall on the individual responsible for the incident—it can also extend to the companies that hired and trained them. Contractors, business owners, and property managers must vet the security firms they work with carefully, ensuring that proper safeguards and training programs are in place to prevent unnecessary escalation. 4. Balancing Security Needs and Safety: Finally, it’s essential to strike a balance between protecting property from theft and ensuring that security measures don’t endanger the safety of individuals. While security is crucial in areas with high crime, the policies and procedures guiding that security must prioritize the safety of everyone involved. Closing Thoughts The tragic death of Freddy Nelson Jr. is a sobering reminder of the importance of clear security protocols and proper training. As contractors and business owners continue to navigate the complexities of maintaining secure job sites, this case offers an important lesson in ensuring that those tasked with enforcing security are adequately trained to handle situations without resorting to unnecessary force. As the trial continues, it will be interesting to see how the jury weighs the arguments and assigns responsibility. What’s certain, however, is that this case will have lasting implications for how security companies and their clients handle risk, liability, and training moving forward. For those working in industries that rely on security partnerships, this case emphasizes the importance of making sure everyone understands their role and how to safely resolve conflicts before they turn tragic. Sources: Video - KPTV Fox 12 - https://www.youtube.com/watch?v=DouSndVI4gI Article - CVN - https://blog.cvn.com/25m-trial-over-fatal-shooting-in-lowes-parking-lot-begins-watch-gavel-to-gavel-via-cvn  In our next episode of The DYOJO Podcast, we’re diving into a tragic story that’s making headlines: the $200 million wrongful death trial in Oregon. This episode short will discuss the details related to a civil suit following a tragic Confrontation Between Armed Security and a Pallet Flipper at an Oregon Lowes.  Click photo for link to YouTube Short Nearly two years ago, Freddy Nelson Jr. was fatally shot in a North Portland Lowe’s parking lot by Logan Gimbel, a private security guard for Cornerstone, now serving a life sentence for second-degree murder. Nelson, who had an agreement with Lowe's to collect and sell unwanted pallets, was confronted by Gimbel, and things escalated quickly. The security company and the property management are now facing a civil trial related to their involvement in this tragic outcome. This incident raises critical questions about security practices and training—topics every contractor and business owner should be aware of. Tune in THIS THURSDAY (YouTube, Spotify, and Apple) for this important episode, where we break down the case and discuss the implications for security and risk management on job sites. Sources: Video - KPTV Fox 12 - https://www.youtube.com/watch?v=DouSndVI4gI Article - CVN - https://blog.cvn.com/25m-trial-over-fatal-shooting-in-lowes-parking-lot-begins-watch-gavel-to-gavel-via-cvn How does a consumer know whether a contractor is competent enough to complete remodeling and repair work? Author Ron Alford provides insights into the four types of contractors in his book, designed for property owners, titled How to Win the Insurance Claim Game (available on Amazon). In this video we review those four types of contractors, Ron's tests of competence, and how the consumer can better protect themselves when hiring a construction professional. This discussion is also helpful to business owners and managers looking to elevate their team's abilities to seek, sell, and produce quality projects. The water damage response and repair industry has emerged into the consumer discourse. But how many property restoration contractors are aware of the rich history of innovation and collaboration that have laid the groundwork their livelihood? In this episode we take a field trip into the past with Ron "Alfie" Alford and complete our recap of RIA 2024 with Ed Cross. In Episode 118 of The DYOJO Podcast 0:00 The 5th Water Damage Air Mover Made 12:49 Robust Conversations with Xactimate 18:16 History and Headway with the AGA 28:00 Becoming a Class A Contractor with Ron Alford References and guest appearances for this episode include: Sgt Ed from Restoration Crosscheck, video from Ron Alford, Cliff Zlotnik, Jim Thompson, Mark Springer, Katie Smith, excerpts from Ron Alford's book How To Win The Insurance Claim Game (available on Amazon), prior episodes of The DYOJO Podcast.  The DYOJO Podcast for Contractors
New episodes are released on Thursdays at 12:01am PST We know customer’s aren’t always right. Yet, how come in insurance claims, property restoration, and construction projects we perpetuate this mantra of, “Do right by the customer”? In Episode 116 of The DYOJO Podcast we will review whether this mindset leads to the positive project outcomes that all parties are looking for. In Episode 116 of The DYOJO Podcast 0:00 The customer isn't always right 1:32 Restoration contractor convention 2:45 Do right by the customer - construction scope of work 8:18 Making the impossible possible 13:40 Do right by the customer - insurance scope of work 16:51 Who knows the most 19:39 Thinking differently about the project management role 21:22 Construction cost disputes Clips were used in this Episode from * The RIA Martin L King Award introduction video * Scott Seiss Comedy * Due South Inspections / Due South Brad * 100 TDP Matching Materials for Insurance Claims * Let The Structure Speak by Jon Isaacson (C&R Magazine) LAST EPISODE TDP 115 Property Restoration and Insurance Claim Contractors Convention NEXT EPISODE Join us as we discuss hard construction lessons learned from a failed nuclear power plant in Elma, Washington. AND we will discuss some unique perspectives on recruiting, hiring, and developing professionals for the construction project management role.  Thursdays are for The DYOJO Podcast - helping contractors shorten their DANG learning curve. Join host Jon Isaacson as we explore contractor stories, experiences, and best practices to help listeners thrive in the skilled trades. MUSIC Theme - It's Only Worth It If You Work For It by NEFFEX Cool Revenge - Jeremy Blake  |
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