Latest / Ask the Lawyer / 05/01/2025 Ask the Lawyer with Harvey Peyton

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05/01/2025 Ask the Lawyer with Harvey Peyton · Ask the Lawyer

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Speaker 2: The views and opinions expressed on this program do not
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Speaker 2: necessarily reflect the views and opinions of five eight wchs
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Speaker 2: it's employees or WVRC Media.
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Speaker 3: Put the power of Paype on the side. We have
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Speaker 3: the court room experience. On such a need, we never
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Speaker 3: give up. We're prepared to fight for your rights. When
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Speaker 3: you need action, count on us. Put the power of
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Speaker 3: Pason on your side, the power of.
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Speaker 2: Bay and good morning to you.
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Speaker 4: You're listening, so where you can put the power of
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Speaker 4: patent on your side this morning three zero four three
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Speaker 4: four five fifty eight three zero four three four five
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Speaker 4: fifty eight fifty eight. You could put the power of
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Speaker 4: Payton on your side and talk to Harvey Payton from
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Speaker 4: the Payton Law Firm from Nitro West Virginia, Peyton Lawfirm
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Speaker 4: dot com, one line Payton Lawfirm dot com. Harvey is
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Speaker 4: in the studio with this morning. Harvey, good morning. How
1:21
Speaker 4: you doing this morning?
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Speaker 5: Well, I'm doing quite well. I'll tell you the truth.
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Speaker 5: Here we are in the gorgeous new studio, although I
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Speaker 5: can't hear myself talk is.
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Speaker 2: Oh that's not great.
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Speaker 6: The headphones.
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Speaker 2: See if that did any better there? Yeah, they were
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Speaker 2: just turned down.
1:37
Speaker 6: Folks were still adjusting the studio.
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Speaker 5: And one of the things you have to learn in
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Speaker 5: the new studio is if you want a microphone to work,
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Speaker 5: you have to plug it in to the little port
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Speaker 5: there on the side.
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Speaker 4: And I just figured that out right in the time
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Speaker 4: that it took us. Chris, who does his newscast from
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Speaker 4: in here, probably has to turn down those headphones or
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Speaker 4: that they bleed out a little bit when he's on
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Speaker 4: the air, so he probably has.
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Speaker 2: To turn him down. Didn't think about that.
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Speaker 5: So I was we learned victim of some idiom eat
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Speaker 5: about Chris Lawrence.
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Speaker 6: I guess, yes, yes, yes, I look up here.
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Speaker 5: I see the West Virginia Outdoors sign on the wall
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Speaker 5: of the studio. We're really proud at the Peyton Law
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Speaker 5: Firm to sponsor that state widse. So we've been doing
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Speaker 5: it for gosh, way more than a decade. It's quite enjoyable.
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Speaker 5: Chris does a great job talking about the outdoors. And
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Speaker 5: yesterday I was listening to again to the midday show
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Speaker 5: what do you call it?
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Speaker 6: Midday?
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Speaker 2: Yes mention his Midday.
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Speaker 5: And the listeners out there, I would highly encourage you.
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Speaker 5: You know, we've we went oh gosh, from the time
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Speaker 5: I started with this station back in nineteen ninety nine,
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Speaker 5: you know that slot from noon until three has been
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Speaker 5: filled with a non local political commentary for a long time.
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Speaker 5: It was Rush Limbaugh. It was quite entertaining. Rush, regardless
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Speaker 5: of your thoughts about his views and veracity, is he
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Speaker 5: quite talented and could carry three hours on his own
2:52
Speaker 5: with varying topics and you know, pretty good production. And
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Speaker 5: we had the you know, the interregnum here just ended
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Speaker 5: where there was someone that was a Limboy imitator. Well
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Speaker 5: that just usually doesn't work, and it didn't work. But
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Speaker 5: this midday show, you're talking about things that they are
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Speaker 5: meaningful to the local populace. Yesterday, I think it was
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Speaker 5: Midday where County Commissioned President Knaw, County commission President Selango
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Speaker 5: was on the show talking.
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Speaker 6: About the.
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Speaker 5: Sports center here in Charleston and the fact that Hey
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Speaker 5: lo and behold, without a federal budget, without a seven
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Speaker 5: million dollar grant or funding available somewhere to kick the
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Speaker 5: project off for what it sounds to be a major
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Speaker 5: development in sports tourism, the products the project is on
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Speaker 5: hold at the president. It's a shame and I hope
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Speaker 5: that gets straightened out. You know, the Shawnee Sports Complex
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Speaker 5: down near Institute has been a tremendous vital to vitalize
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Speaker 5: well the hotel motel business in the area, all the
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Speaker 5: way down to Barber's Field where they share fields. You know,
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Speaker 5: my grandkids have played soccer there. Tom My oldest boy
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Speaker 5: that's on the show, he's played soccer there in an
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Speaker 5: adult league. And you know, they fill up the place,
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Speaker 5: and they fill up every motel. And I assume that,
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Speaker 5: you know, the County Commission here and the City of
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Speaker 5: Charleston are not getting ready to put that kind of
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Speaker 5: money in this development that's going to be where the
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Speaker 5: old Macy structure used to be without some reasonably reliable
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Speaker 5: projections of you know, income growth through tourists. I mean,
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Speaker 5: you don't have to look any farther think what a
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Speaker 5: shot was in the arm last night to the east
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Speaker 5: end of Charleston and the restaurant scene and bars was
4:43
Speaker 5: did I hear correctly where they're ninety six hundreds?
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Speaker 2: What the guest was, Yeah, that's what the estimate was.
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Speaker 5: How did they get ninety six hundred people into the
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Speaker 5: donmart Ballpark over there?
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Speaker 2: Tons of SRO tickets. They have to be standing room.
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Speaker 4: I mean we had we had Joe one yesterday on
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Speaker 4: hotline to talk about where the ticket situation was, and
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Speaker 4: they were already the standing room only then. And I'm
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Speaker 4: assuming they just they must have crowded people all up there.
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Speaker 4: It's not like the old watell Park where you could
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Speaker 4: put them on the train trackers.
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Speaker 5: Or where I was on Saturday at Wrigley Field where
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Speaker 5: they put them on the top. They sell to oh yeah,
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Speaker 5: right to the people that owned the houses. Have built
5:14
Speaker 5: rooftop bleachers, say you can buy a rooftop seat. We
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Speaker 5: didn't sit in a rooftop seat. Unfortunately, the ninety dollars
5:20
Speaker 5: ticket that I paid to see the Cubs in the
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Speaker 5: Phillies a terrible game went out ten to four for
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Speaker 5: the Phillies, who just rocked the Cubs in the fourth
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Speaker 5: inning and put the game away while we sat there.
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Speaker 5: Then the wind picked up off the lake. We're sitting
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Speaker 5: on the third base side, which was in the shade,
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Speaker 5: and at the bottom of the seventh after the traditional
5:40
Speaker 5: you gotta if you're a really field, you got to
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Speaker 5: stand up everybody and sing.
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Speaker 6: Oh yeah.
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Speaker 2: Back in the day, Harry Carry Derrey.
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Speaker 5: Carey would lean I actually was there a couple of
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Speaker 5: times in the nineties near here there at the end
5:51
Speaker 5: of Harry Carry's career. He would lean out of the
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Speaker 5: press box and hold his microphone out for the fans
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Speaker 5: to see.
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Speaker 2: Yeah.
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Speaker 6: It was great.
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Speaker 5: So but then we came back to West Virginia to
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Speaker 5: I hope we don't get more storms this afternoon. We've
6:03
Speaker 5: got a bad weather forecast for perhaps strong thorms, storms
6:07
Speaker 5: and thunderstorms. Came back essentially to the legal desert there
6:12
Speaker 5: just isn't. I mean, the legislature they did a lot.
6:16
Speaker 5: I mean, I think that's a lot of things that
6:17
Speaker 5: some people don't agree with. They may be things that
6:21
Speaker 5: don't have a long term influence on making people's lives
6:26
Speaker 5: generally overall better, but they did some things. I guess
6:31
Speaker 5: this bill that the governor signed yesterday about the micro
6:34
Speaker 5: grids for the data centers. But as far as things
6:39
Speaker 5: that affect people that live at sea level. From the
6:43
Speaker 5: standpoint of the legal profession, I didn't really see anything.
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Speaker 6: Although some of the bills.
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Speaker 5: That sort of slipped through slip through but are passed
6:53
Speaker 5: through without a lot of fanfare. We'll see those when
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Speaker 5: the legislative summary comes out here after the governor announced
6:59
Speaker 5: us what he did yet yesterday, with all the bills
7:01
Speaker 5: are on his death, then we'll get a summary of
7:03
Speaker 5: all the legislation that was introduced and passed and signed
7:06
Speaker 5: in the law, and so maybe in there we'll see
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Speaker 5: that's what happened about ten years ago when the legislature
7:13
Speaker 5: brought us into the realm of the transfer on death
7:17
Speaker 5: conveys of real estate that essentially allows a person, as
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Speaker 5: a part of their state plan or life plan, to
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Speaker 5: convey a future interest in property to someone the grantee,
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Speaker 5: and of a transfer on death that only takes effect
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Speaker 5: when the person creating the interest dies and in the meantime,
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Speaker 5: a person who creates the interest the property owner. For instance,
7:41
Speaker 5: if a mother and father, maybe they have one child,
7:47
Speaker 5: or maybe they have one child that they think needs
7:50
Speaker 5: a house, or they want to be sure they get
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Speaker 5: a home when they're no longer with us. They can
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Speaker 5: execute a transfer on death deed, convey the property at
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Speaker 5: their death to that person, put it on a record,
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Speaker 5: and if it's not revoked or another superseding deed recorded
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Speaker 5: prior to the death of the giver, then the property
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Speaker 5: simply passes, just like a joint checking account or a
8:12
Speaker 5: joint bank account or a pod paid on death the
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Speaker 5: certificate of deposit. It just becomes the recipients without the
8:20
Speaker 5: necessity of probate. And during the meantime, the owner who
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Speaker 5: granted the right can sell the property, they can borrow
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Speaker 5: money on it. They don't need to deal with their beneficiary,
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Speaker 5: which is really a big improvement. The legislature did that
8:37
Speaker 5: as a part of complying with what's called the Uniform
8:40
Speaker 5: Commission on State Laws. It's a national commission made up
8:46
Speaker 5: of representatives from every state that looks at the issues,
8:51
Speaker 5: mostly in things that are overreaching and almost universal in
8:56
Speaker 5: their application. Laws about real estate, the handling of its dates,
9:01
Speaker 5: some things about credit processing, credit collection, insurance. That they
9:07
Speaker 5: formulate a series of proposed state laws and make those
9:12
Speaker 5: available to the various legislature. It's not alex it's not
9:14
Speaker 5: the American Legislative Exchange council. It's not a lobbying group
9:18
Speaker 5: or a partisan group. That's really primarily legal scholars representatives
9:22
Speaker 5: from the high level of legal profession and law schools
9:26
Speaker 5: around the country who take a look objectively and say, well,
9:29
Speaker 5: here's something that could be good And as so far
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Speaker 5: as the legislature did the transfer on death of real
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Speaker 5: property some ten years ago, it was a good thing. Also,
9:38
Speaker 5: they've the legislature has they revised the law about intestate
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Speaker 5: succession that means if a person dies without a will,
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Speaker 5: what happens. A law about how you administer a state
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Speaker 5: A couple of things that have really helped because we
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Speaker 5: have a lot of we have a lot of West
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Speaker 5: Virginians that may own property here. Maybe they move south,
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Speaker 5: they retain their property. So if they pass away in
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Speaker 5: another state, what do you do with the property here
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Speaker 5: in West Virginia? Or if they have an inherited interest
10:09
Speaker 5: in property in West Virginia. Until about six years ago,
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Speaker 5: when the legislature acted again in performance with uniformed state laws,
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Speaker 5: what's called ancillary administration, someone had to come to West
10:24
Speaker 5: Virginia be appointed open in a state process. It just
10:28
Speaker 5: like a regular estate that's just to clear the title
10:30
Speaker 5: of the real estate. Now we have a much more
10:33
Speaker 5: simplified procedure that allows that to be done way more
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Speaker 5: efficiently and way cheaper, and the legislature certainly to be
10:41
Speaker 5: committed for that now, over and above those type of
10:44
Speaker 5: acts that may be hidden somewhere in the legislative journal.
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Speaker 5: I'm not aware of any real no effect on our class.
10:51
Speaker 5: I mean, the bulk of the clients that we represent
10:54
Speaker 5: at the Peyton Law Firm and have for decades are
10:58
Speaker 5: people who have suffered injury. The most obvious source of
11:02
Speaker 5: injury in today's climate is an automobile accident. Automobiles or
11:07
Speaker 5: big heavy pieces of equipment. They're operated by amateur drivers
11:11
Speaker 5: generally and under all conditions, and people anything done by
11:16
Speaker 5: humans is going to have a defect. It's going to
11:19
Speaker 5: fail sometime, and a person's going to be looking left
11:22
Speaker 5: when they should look right and make a mistake, and
11:24
Speaker 5: an accident occurs, someone's injured. They contact the Pink Law Firm.
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Speaker 5: We investigate that present a claim to the opposing insurance
11:34
Speaker 5: carrier or to our client's insurance carrier if it's a
11:37
Speaker 5: matter of uninsured damages or underinsured damages, and the matters result.
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Speaker 5: So While there have been a few changes in the
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Speaker 5: legislature over the well over the last say fifteen years, honestly,
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Speaker 5: they have not seriously affected.
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Speaker 6: Our clientele yet. Now.
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Speaker 5: We haven't shortened any statues of limitations. We haven't modified
12:06
Speaker 5: burdens of proof or any of the things that are
12:08
Speaker 5: really important. I think this year there was a bill
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Speaker 5: proposed that didn't get anywhere. It had something to do
12:16
Speaker 5: with medical monitoring, which is the cause of action. I
12:22
Speaker 5: don't think it's exclusive to West Virginia, but it is
12:26
Speaker 5: not a majority of view around the country. Our law,
12:32
Speaker 5: just stated in Layman's terms, is that if you've been
12:35
Speaker 5: exposed through the negligence of another to a potentially life
12:40
Speaker 5: threatening compound that may develop over time, an industrial poison
12:47
Speaker 5: of some sort, then you can bear a lawsuit and
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Speaker 5: ask the person who exposed you to that risk to
12:56
Speaker 5: be responsible for medically monitoring you for the rest of
13:00
Speaker 5: your life to see that if the risk actually manifests
13:03
Speaker 5: itself in active disease. I mean, that's been controversial and
13:10
Speaker 5: it's been sort of thorn in the side of I
13:12
Speaker 5: think the powers.
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Speaker 6: That be for some time. It serves a valid purpose.
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Speaker 5: You know, if you go if you're in a car
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Speaker 5: wreck and you say, well, did you lose conscious? Well,
13:22
Speaker 5: it was a little dazed. Well, okay, you seem all
13:25
Speaker 5: right now, but let's have a CT scan just in case.
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Speaker 5: Well that's sort of a medical monitoring and response to
13:34
Speaker 5: a you know, a fortuitous event. Not that much difference
13:38
Speaker 5: really in the long term exposure to certain elements. Agent
13:42
Speaker 5: orange is the one with which I'm most familiar because
13:46
Speaker 5: I was involved in a case back in the eighties
13:48
Speaker 5: that we tried here in Charleston for almost a year,
13:52
Speaker 5: relating to industrial workers in West Virginia who had been
13:55
Speaker 5: exposed to the to the effects to the ingredients. One
14:02
Speaker 5: of some of the parts of agent orange that were
14:06
Speaker 5: made here two four five T, which was you know,
14:11
Speaker 5: a weedkiller that now survives as a roundup, essentially the
14:16
Speaker 5: same formula, but much more refined now than what was
14:19
Speaker 5: used in the war when it was produced in bolt,
14:22
Speaker 5: largely at the Montano plant in Nitro, West Virginia. I
14:27
Speaker 5: thought about that this morning. This was the I can
14:31
Speaker 5: remember when the last helicopter took off from the US embassy.
14:36
Speaker 5: I can remember where we were. We were driving back.
14:39
Speaker 5: I was working for the federal courts. It was in
14:43
Speaker 5: April of seventy five, and we had been I believe,
14:48
Speaker 5: in Wheeling holding Court. We were based in Elkins with
14:51
Speaker 5: Judge Maxwell and finished our work, stayed the night Wheeling,
14:56
Speaker 5: and we're driving back to Elkins the next day and
14:58
Speaker 5: we're hearing on the radio the reports about, you know,
15:00
Speaker 5: the final withdrawal of American forces, the last people who
15:04
Speaker 5: were out of the embassy and the helicopters, and that
15:07
Speaker 5: was the end of it. It was certainly the topic
15:11
Speaker 5: of conversation. And you know, I thought this morning, I
15:16
Speaker 5: was you know, if you drive down to the new
15:19
Speaker 5: Route thirty five in Potnam County, you get off there
15:25
Speaker 5: at the Crooked Creek interchange on I sixty four, and
15:28
Speaker 5: you bear off to the right. That takes you north
15:30
Speaker 5: on Route thirty five on four lane all the way
15:32
Speaker 5: to Dayton, right. But the first bridge you come to
15:36
Speaker 5: is the Roger Lee bis Memorial Bridge. It's his name
15:39
Speaker 5: for Roger Lee Bias, who was killed on November the
15:44
Speaker 5: twenty fourth, nineteen sixty nine, when they armored personnel care
15:50
Speaker 5: vehicle that he was occupying was struck by a shell.
15:54
Speaker 5: Actually it turned out later that was a mortarshell that
15:56
Speaker 5: fell short fired by American troops. I'm really familiar with
16:02
Speaker 5: that because it's one of those things that makes it
16:04
Speaker 5: so enjoyable and so local. For the Peyton Law firm.
16:11
Speaker 5: One of the first folks who worked with me and
16:14
Speaker 5: when I opened an office in Nitro was Ruth Ann Maynard,
16:22
Speaker 5: who's the sister of Roger Lee Bis and her mother Alma.
16:29
Speaker 5: Her dad I think his name was Vernon. I'm not
16:33
Speaker 5: sure about mister Biss, and he died shortly after that.
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Speaker 5: It was I can tell you though, that the loss
16:38
Speaker 5: of Roger Lee changed Alma Bius, his mother's life forever.
16:44
Speaker 5: It was always interesting because Ruth was interviewed, actually, Roger
16:50
Speaker 5: Mudd interviewed her in DC when they opened the wall,
16:54
Speaker 5: and I had a little feature of about five minutes
16:56
Speaker 5: on her and her family and her brother's and her
17:01
Speaker 5: story was that she was working for another lawyer. She
17:04
Speaker 5: was working in Winfield, and she lived on Black Lick,
17:07
Speaker 5: which is off of Route thirty four. Like if you
17:09
Speaker 5: go on the old thirty four between the Winfield Interchange
17:12
Speaker 5: and Winfield, that's there's a road that turns off Black Lick, Holla,
17:17
Speaker 5: And that's where the Biased family was from. So she
17:22
Speaker 5: only worked down in Winfield, maybe six seven miles away
17:24
Speaker 5: for a lawyer named John Anderson. John's now deceased. But
17:28
Speaker 5: she was coming home from work the Friday after Thanksgiving,
17:33
Speaker 5: and when she turned into the road to her house,
17:37
Speaker 5: she could hear.
17:37
Speaker 6: Her mother.
17:40
Speaker 5: Agony, screaming and crying, grieving because someone had just been
17:45
Speaker 5: there to tell her that her son had been killed
17:47
Speaker 5: the day before, which was actually given the international dateline
17:51
Speaker 5: an extra day.
17:53
Speaker 6: And lets talk to Ruth about said everything. The thing
17:56
Speaker 6: I remember.
17:58
Speaker 5: That struck me about that is when we talk about
18:00
Speaker 5: it in the twenty first century, is you were coming
18:04
Speaker 5: home from work on the day after Thanksgiving, a thing
18:07
Speaker 5: which is almost in the past now, right, And that's
18:12
Speaker 5: how it happened. I have been over to DC several
18:15
Speaker 5: times since, and I've always tried to make it a
18:17
Speaker 5: point to go by the wall and tell Ruth about it.
18:22
Speaker 5: It's just a gift that keeps on giving. I guess
18:26
Speaker 5: the prospect of war has had a significant effect on
18:29
Speaker 5: the United States and giving the devil, and I mean
18:34
Speaker 5: the devil is due. President Trump does not like war
18:40
Speaker 5: and killing. I mean, I think he's made that plane.
18:43
Speaker 5: I don't necessarily agree with his policies on Ukraine. But
18:47
Speaker 5: I think that you know, we've had several we've had
18:49
Speaker 5: two decades of American servicemen and women that we've collectively
18:54
Speaker 5: sent to places whose names we can't pronounce, and perhaps
18:58
Speaker 5: locations we're not really sure about, on missions that seem
19:03
Speaker 5: to be somewhat ill defined, particularly in Iraq and later
19:05
Speaker 5: in Afghanistan and seen, you know, just these wonderful American
19:11
Speaker 5: heroes that are now not with us anymore. They're gone,
19:14
Speaker 5: and we owe them a debt. I hope we never
19:17
Speaker 5: forget that. I hope we never forget it. It's really
19:22
Speaker 5: particularly like we're in Nitro where our office is that
19:24
Speaker 5: if you want to see us at the Peyton Law Firm,
19:27
Speaker 5: and I hope you would give our law firm consideration
19:30
Speaker 5: if you do suffer a loss. We have an office
19:33
Speaker 5: in Nitro now. Our office today, which has been there
19:37
Speaker 5: since nineteen ninety four, is in Putnam County, right across
19:41
Speaker 5: the line in Putnam County. Before that, for the prior
19:44
Speaker 5: to twenty years, I was two blocks south of our
19:49
Speaker 5: current office which is in Kanawa County. It was the
19:51
Speaker 5: last next to last business in Kanawha County. But we've
19:57
Speaker 5: been there now almost fifty years, if we would really
20:02
Speaker 5: be deeply ingrained in the area. Everybody who works in
20:08
Speaker 5: the office is from the area. Saint Albans, Poker, Buffalo, Hurricane.
20:18
Speaker 6: We just.
20:20
Speaker 5: Really have our finger on the pulse of what is
20:23
Speaker 5: happening in this region. And for that reason, I think
20:26
Speaker 5: we are as well equipped. We're better equipped than certainly
20:30
Speaker 5: someone from Florida or some mass marketer to talk to
20:36
Speaker 5: you and give you some advice and see if you
20:40
Speaker 5: need a lawyer and if you do, what we can
20:42
Speaker 5: do for you. And we discuss all those things openly
20:46
Speaker 5: with our clients, including money. You know, what's this going
20:48
Speaker 5: to cost? And I'm certainly biased, but I think you
20:53
Speaker 5: have an opportunity. If you come to see the Payton
20:55
Speaker 5: Law Firm, you can see me. I'm a bit long
20:57
Speaker 5: in the tooth, but I've been trying lawsuits and the
21:01
Speaker 5: circuit courts and the federal courts in most of parts
21:04
Speaker 5: of West Virginia since nineteen Well, I got out of
21:08
Speaker 5: law school in nineteen seventy four, but was with the
21:11
Speaker 5: government and then was in a smaller office here in
21:13
Speaker 5: Charleston until seventy seven. And so what's that that's forty
21:17
Speaker 5: eight years and Tom's been here twenty three. So given
21:24
Speaker 5: that perspective, trying lawsuits around here, you're going to get
21:27
Speaker 5: to see people who know the lay of the land
21:29
Speaker 5: and life experience and who can tell you honestly and
21:33
Speaker 5: straight to your face, this will work or this won't.
21:37
Speaker 5: And you know, it's amazing how many people. Now, some people,
21:42
Speaker 5: you know, they come in and they have a set
21:43
Speaker 5: of facts and think, well, I've suffered a wrong and
21:47
Speaker 5: what can we do about this? And you analyze the
21:49
Speaker 5: situation and say, well, there really isn't much. But they say, well,
21:53
Speaker 5: thank you. It makes me feel better now I know
21:57
Speaker 5: I've got a peace of mind. Then we have a call.
21:58
Speaker 4: I think we have a call that we could get
22:00
Speaker 4: up on the air right now. Let's go ahead and
22:02
Speaker 4: bring the caller on the air. You're on the air
22:03
Speaker 4: with Harvey Payin. What's your first name?
22:07
Speaker 6: Hello?
22:09
Speaker 2: Hello, you're with me. You're on the air with Harvey Payton.
22:10
Speaker 2: What's your first name?
22:13
Speaker 5: Well, we're punching some buttons here. Bet there's going to
22:15
Speaker 5: be a button for this call.
22:17
Speaker 4: But I think that we did it right. I think
22:18
Speaker 4: that the person may have just hung up unfortunately.
22:21
Speaker 6: Well, if you hung up. Just I hope you're called
22:23
Speaker 6: back because we like to have calls.
22:25
Speaker 4: Yeah, we do like to have calls. And give us
22:26
Speaker 4: a call back at three zero four three four five
22:28
Speaker 4: fifty eight fifty eight. Three zero four three four five
22:30
Speaker 4: fifty eight fifty eight. Maybe that's a good time to
22:31
Speaker 4: go ahead and take a break.
22:32
Speaker 2: We can come back.
22:33
Speaker 4: We have plenty of stuff we can talk about, including your
22:35
Speaker 4: phone calls at three zero four three four five fifty
22:36
Speaker 4: eight fifty eight. You can text over questions as well
22:38
Speaker 4: to three zero four none, three five five zero zero
22:40
Speaker 4: eight three zero four none, three five five zero zero
22:43
Speaker 4: eight Payton Law Firm. You can find online Payton Lawfirm
22:45
Speaker 4: dot com. Peyton Lawfirm dot com, located in Nitro, West
22:48
Speaker 4: Virginia three zero four seven five five fifty five fifty six.
22:51
Speaker 4: We'll take a break and be back after this. You're
22:52
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22:55
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24:25
Speaker 4: Of pay You can put the power of Paton on
24:27
Speaker 4: your side this morning. Three zero four, three four, two
24:29
Speaker 4: eight one three one or three zero four. I did
24:32
Speaker 4: it for so long. Now I can't the number I've
24:34
Speaker 4: been given out for twenty years. You can actually still
24:36
Speaker 4: call now three zero four, three four five fifty eight
24:38
Speaker 4: fifty eight. Three zero four three four five fifty eight
24:40
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24:42
Speaker 4: Actually it was my fault. I had one button in
24:45
Speaker 4: the wrong slot. It's fixed now, so you and give
24:46
Speaker 4: us a call back real quick. We can get you
24:48
Speaker 4: right on the air. Three zero four three four five
24:49
Speaker 4: fifty eight fifty eight. If you want to put the
24:51
Speaker 4: power of Peyton on your side this morning. Harvey Payton
24:53
Speaker 4: is in the studio with us this morning from the
24:54
Speaker 4: Peyton Law Firm in Nitro, West Virginia. Twenty eight oh one,
24:58
Speaker 4: First Avenue in Nitro. Just hurt a neat story about.
25:00
Speaker 5: That address, Yes, the twenty eight oh one first Avenue.
25:03
Speaker 5: It's on the corner of twenty eighth Street and First Avenue.
25:06
Speaker 5: And I'm involved in a matter right now. It's in
25:10
Speaker 5: the state. I don't usually I don't want to be
25:15
Speaker 5: the personal representative of the state. But this man, his
25:19
Speaker 5: wife had predeceased him. His father was a lawyer in
25:21
Speaker 5: Nitro for whom I had a lot of respect, and
25:23
Speaker 5: who apparently had enough respect and trust in me that
25:26
Speaker 5: he the son said, well, I don't have anybody else.
25:29
Speaker 5: I don't have any children, will you do it? And I
25:31
Speaker 5: agreed to take care of the estate. And his wife
25:36
Speaker 5: had worked in the White House, and she grew up
25:39
Speaker 5: at twenty eight oh one First Avenue in Nitro, the
25:42
Speaker 5: house that sat on the lot on the corner. Her
25:46
Speaker 5: father was an osteopathic position doctor Dia, doctor Bland. He
25:51
Speaker 5: had an office in his house there and that's where
25:53
Speaker 5: Peggy Band grew up. And her husband grew up on
25:57
Speaker 5: twenty seventh Street, which is in county, and she was
26:01
Speaker 5: a Putnam County girls.
26:02
Speaker 6: And I found among.
26:04
Speaker 5: Their effects, you know, an application for a marriage license
26:08
Speaker 5: given her addresses twenty eight oh one First Avenue. But
26:14
Speaker 5: among the things that they cherished, I found a number
26:19
Speaker 5: of personalized photographs of Lady Bird Johnson and Linda Bird
26:25
Speaker 5: and the entire Johnson family and LBJ and Lady Bird together,
26:30
Speaker 5: you know, personalizing photographs for all the helps she'd been
26:33
Speaker 5: in the White House. I just thought was, we're everywhere,
26:37
Speaker 5: you know, people from West Virginia are everywhere, and it's
26:40
Speaker 5: amazing where the world and work and things that nature
26:44
Speaker 5: take us and all the things that have originated in
26:50
Speaker 5: that area. Saint Albans, Putnam County. You know, we last
26:53
Speaker 5: week I mean, I felt sort of sorry, not sorry,
26:56
Speaker 5: but I felt some empathy for ben Selango yesterday. And
27:00
Speaker 5: they've got this project they've worked so hard on for
27:04
Speaker 5: so long, and outlooks as if the money may not
27:06
Speaker 5: be there or it's going to be delayed. And you
27:10
Speaker 5: flip that over. And in Putnam County this week, our
27:14
Speaker 5: announcements were a forty five million dollar expansion to say
27:19
Speaker 5: mc tays Valley, so there's going to be an entoscopy
27:22
Speaker 5: center and a vascular lab, and eighty eight million dollars
27:26
Speaker 5: at Toyota to change their production of transactual transmissions from
27:31
Speaker 5: phase fours to Phase sixes and completing right near where
27:36
Speaker 5: my home is, down in the middle of the valley.
27:38
Speaker 5: A three hundred and eighty unit apartment complex, living community
27:45
Speaker 5: and more in the works.
27:47
Speaker 6: It's just.
27:49
Speaker 5: It's amazing the contrast. But I think one of the problems,
27:53
Speaker 5: of course, you've got Kanawa County, which has developed. If
27:55
Speaker 5: I drew from my house where I grew up on
27:57
Speaker 5: West Main Street in Saint Albans to the farthest reaches
28:01
Speaker 5: of the county, probably that would be up at the
28:03
Speaker 5: head of Paint Creek if I was driving.
28:07
Speaker 6: I don't drive past.
28:08
Speaker 5: Anything that's newer than maybe fifty years. But if you're
28:13
Speaker 5: down to Putnam County, go down Route thirty four from
28:16
Speaker 5: the Winfield Interchange to Hurricane, it's like going to Charlestown
28:20
Speaker 5: in the eastern Panata. You won't pass anything that's older
28:23
Speaker 5: than about It's true twenty five. Yeah, it's true.
28:26
Speaker 2: Like there's so much new new business in there.
28:28
Speaker 6: And it makes a big and it makes a big difference.
28:30
Speaker 2: Small and big. You know, a community and the French House, and.
28:33
Speaker 5: While it's becoming more and more limited, there's a land
28:36
Speaker 5: available for development, which we're really pinched for in Kanaw County.
28:39
Speaker 5: So you become a victim of a large degree circumstances
28:43
Speaker 5: beyond the control of the governing body. But that's above
28:49
Speaker 5: my paygrade. I just know that in Putnam County we've
28:53
Speaker 5: got a wonderful crew at the courthouse. Politics really partisan,
28:59
Speaker 5: polity has never played a big part whatsoever and how
29:03
Speaker 5: business works down in Putnam County. I've been there when
29:07
Speaker 5: the County Commission was all Republicans. I've been there when
29:10
Speaker 5: the County Commission was all Democrats. I've been there when
29:13
Speaker 5: the County Commission was a good mixture and when they
29:16
Speaker 5: were elected officials from all I don't even know the
29:18
Speaker 5: politics of most people who who work in and around
29:22
Speaker 5: the courthouse got to make any difference. We all sort
29:24
Speaker 5: of work together to make it a better place. And
29:26
Speaker 5: that's a good thing. That's a good thing, and the
29:30
Speaker 5: law business is good. I mean the thing about here's
29:33
Speaker 5: what I think about. When you get a lawyer who's
29:36
Speaker 5: local and has knowledge of what goes oul in and
29:39
Speaker 5: around the courthouse, you have a sense of the collegiality
29:43
Speaker 5: and camaraderie that helps move things forward. You know how
29:46
Speaker 5: things work. And the enforcing factor is if you're a
29:51
Speaker 5: smart alec or you lie or you're not straight up
29:55
Speaker 5: with your clients, the judges and all the people at
29:59
Speaker 5: the court to know that, and they're going to enforce
30:01
Speaker 5: that against you, and pretty soon you're going to pay
30:04
Speaker 5: a price. You're going to suffer in your practice. Now,
30:06
Speaker 5: if you're in here from Florida or California, or Arkansas
30:09
Speaker 5: or Louisiana or some other place, just filtering around for
30:14
Speaker 5: cases so you can pick out the big ones.
30:19
Speaker 6: You know, you don't have any of that.
30:21
Speaker 5: Moral risk or moral hazard and misbehaving and that's just
30:27
Speaker 5: that's just a fact. I've seen more rancor and disputes
30:35
Speaker 5: and arguments in cases of involving counts who aren't from
30:38
Speaker 5: around here, just because well, that's the way we do
30:40
Speaker 5: it in Philadelphia's Well, boys are not in Philadelphia. Now
30:43
Speaker 5: you're in Putnam County. We have a call.
30:45
Speaker 4: Yeah, we don't have a phone call, right, we gotta
30:46
Speaker 4: take a phone call. Caller, you're calling in with Harvey
30:48
Speaker 4: Payton on the air. What's your first name?
30:51
Speaker 9: Hey, Jerry here, Hey Jerry, what's going on? I have
30:54
Speaker 9: a question for Harvey. It's not necessarily a legal question,
30:57
Speaker 9: but since he knows so much about Puttnam County. I
31:01
Speaker 9: fell in love with the Mount Vernon Farms back in
31:05
Speaker 9: the sixties. The first date I took my girlfriend to
31:12
Speaker 9: was the mansion in Putnam County, the Mount Vernon Farm Mansion.
31:17
Speaker 9: I'm working on a project right now that's never been
31:21
Speaker 9: seen before the history of that company. It was the
31:26
Speaker 9: most magnificent dairy operation probably in the United States. H. G.
31:33
Speaker 9: Schadele started it, former owner of the Morgan Lumber Company
31:38
Speaker 9: in Charleston. I know doctor Morgan, not related owned that
31:44
Speaker 9: property up until recently. Do you know who purchased the
31:49
Speaker 9: Mount Vernon dairy mansion there.
31:52
Speaker 5: Well, you're right. We alreways referred to it as the
31:55
Speaker 5: Shadle Farm. It's actually in Mason County, but it's on
32:03
Speaker 5: it's sort of a part of the general community there
32:05
Speaker 5: along what used to be Route seventeen, the farming community
32:08
Speaker 5: that stretches all the way from Pliny and Putnam County
32:12
Speaker 5: down to Henderson and Mason County. I actually knew Jimmy Shadele,
32:16
Speaker 5: who was the grandson of h. Shadel He has a
32:19
Speaker 5: big house, had a big house right there next to
32:21
Speaker 5: the dairy farm. I don't know who owns the house now.
32:27
Speaker 5: Brett Morgan, who was a physician from Point Pleasant, was
32:32
Speaker 5: the last previous owner I was aware of. The property
32:34
Speaker 5: was bought by the McDavid interests, probably in the late
32:40
Speaker 5: seventies early eighties. They then sold the farms to the
32:43
Speaker 5: Henson Brothers construction company. In the house was occupied by
32:47
Speaker 5: one of the Henson brothers, Henry. Unfortunately, Henry and a
32:52
Speaker 5: cousin of mine, Billy Stanley, were in the barn there.
32:58
Speaker 5: They might have been doing a little bibbing and the
33:00
Speaker 5: barn caught on fire. That's what it happened to The
33:02
Speaker 5: big dairy barn that said right there down on the
33:06
Speaker 5: downriver side of the mansion. But I would have to say, honestly,
33:09
Speaker 5: I don't know now who owns the house. I mean,
33:12
Speaker 5: I know who owns some of the ground around at A
33:14
Speaker 5: client of mine bought some of it, and a cousin
33:18
Speaker 5: of mine owned a pretty substantial chunk of the land
33:21
Speaker 5: to the south. But you can go you know, you
33:24
Speaker 5: can go online to the tax right well, you know
33:25
Speaker 5: how to do that. Just go to the tax records
33:27
Speaker 5: in Mason County, look up the parcel. You can see
33:30
Speaker 5: the book and page number, and unlike Kanawa County, in
33:34
Speaker 5: Mason County, you can then go to the records which
33:37
Speaker 5: are public and online and see who who acquired the property.
33:43
Speaker 9: Well, I'm glad you told me that because I wasn't
33:45
Speaker 9: sure where the Putnam Mason line was. So it's actually
33:48
Speaker 9: in Mason County.
33:49
Speaker 5: It's in Mason County. Diane Crammey's the county clerk. Her
33:52
Speaker 5: office runs quite efficiently. They are a part of the
33:56
Speaker 5: fifty two or fifty three other counties that have their
33:59
Speaker 5: public records online, unlike the largest, most populous county of
34:05
Speaker 5: the state, which doesn't, and Yeah, just go to the
34:08
Speaker 5: shriff's tax office the software systems, look a look up
34:12
Speaker 5: the ticket.
34:13
Speaker 9: I've been talking to John Schadel, who is the great
34:16
Speaker 9: grandson of h. Schadel, and he's in his eighties and
34:21
Speaker 9: he's been sending me the most wonderful photographs and information
34:27
Speaker 9: on the farm. And I'm telling you, we lost a lot.
34:32
Speaker 9: People don't realize what we lost when that dry closed.
34:36
Speaker 9: And what I can't find out is when Mount Vernon,
34:39
Speaker 9: actually the entire operation closed, apparently was some time in
34:46
Speaker 9: the early seventies.
34:47
Speaker 5: It was a cousin of mine, Houston Kauflin lived down
34:52
Speaker 5: He lived down below there, southside, and all the farmers
34:55
Speaker 5: along there generally it was he Mount Vernon or m. Bardaery,
35:00
Speaker 5: one of the two they did business with. And you know,
35:04
Speaker 5: as hard as it is to believe, you know, at
35:06
Speaker 5: that time, in the fifties and sixties, when I was
35:08
Speaker 5: a kid, the way they got the milk, you know,
35:12
Speaker 5: they had a milkhows. Mostly the milking was done by
35:15
Speaker 5: manually by farm hands that worked around. They put it
35:18
Speaker 5: in milk cans, you know, these big, like fifteen gallon
35:22
Speaker 5: milk cans that they put in the back of a
35:24
Speaker 5: truck and take them down to the end of the
35:26
Speaker 5: lane on Route seventeen there and set them by the road,
35:31
Speaker 5: and the milk truck would come back from the dairy
35:33
Speaker 5: and just pour it into the truck.
35:34
Speaker 6: They think about that.
35:36
Speaker 5: That's that's three hundred and sixty five days a year
35:39
Speaker 5: you milk the cows. I was thought that milk sitting
35:42
Speaker 5: out there on the road.
35:44
Speaker 6: In eighty degree or ninety degree weather, what gives here? Well,
35:48
Speaker 6: then they.
35:50
Speaker 5: In the sixties they have barked on a program that
35:53
Speaker 5: Mount Vernon and green bardaery was owned by the Margola's
35:56
Speaker 5: interest from Charleston. To encourage the farmer to sell them
36:00
Speaker 5: the milk, they would finance a milkhous. So they put
36:03
Speaker 5: a milkhouse in at Houston's Bar, and everything was glass piping,
36:08
Speaker 5: and they had automatic milkers, you know, you just hook
36:10
Speaker 5: them up to the to the udders and then turned
36:13
Speaker 5: on the pneumatic pressure and the milk just poured out.
36:18
Speaker 5: So he said come in here and look. He popped
36:22
Speaker 5: the lid of that big holding tank. Well have you
36:25
Speaker 5: ever seen that? They put about two inches or three
36:27
Speaker 5: inches of this disinfectant bacteria side and fungicide in the bottom.
36:36
Speaker 5: Of the stainless steel container spells like lysol. They pumped
36:40
Speaker 5: the milk, and on top of that, it gave me
36:42
Speaker 5: a little a little hesitancy in drinking milk for a while.
36:47
Speaker 5: Although it's safer than raw milk. You know, the legislature
36:50
Speaker 5: says we can drink raw milk. Well, my dad got
36:52
Speaker 5: real sick in the eighties. He had a lot of
36:56
Speaker 5: X rays and analysis and the doctor at Cleveland Clinics,
37:01
Speaker 5: and you know you grew up on a farm, didn't you.
37:04
Speaker 5: That's yeah, so I can tell by looking at your
37:06
Speaker 5: lung X rays you got a lot of TB or
37:11
Speaker 5: brucellosis scaring and your lungs. To drink raw meal because
37:14
Speaker 5: his child is well, that's all we drank was ra
37:16
Speaker 5: aw milk. Well, that's where they picked up the virus.
37:19
Speaker 5: And because he ended it a chicken farm, he had
37:24
Speaker 5: histo had his lungs. But I wish you the very best.
37:26
Speaker 5: I look forward to seeing that. That's a fascinating story
37:29
Speaker 5: about the Shaddle family. Real high class people really.
37:31
Speaker 4: Really appreciate the phone call. Jerry, Thanks for calling in,
37:33
Speaker 4: and that's going to do it for us today. We
37:35
Speaker 4: are about out of time here this morning. For Ask
37:37
Speaker 4: the Lawyer with Harvey Paytony. You can find more information online.
37:41
Speaker 4: It's Payton Law from dot com. P E y T
37:43
Speaker 4: you in Peyton Law Firm dot com, located in Nitro,
37:45
Speaker 4: West Virginia. Three zero four seven five five fifty five
37:47
Speaker 4: fifty six three zero four seven five five fifty five
37:50
Speaker 4: fifty six seven five five fifty five fifty six every
37:52
Speaker 4: Thursday at eight twenty right here on WHS and Asked
37:55
Speaker 4: the Lawyer. You can find the podcast on line WHS
37:58
Speaker 4: network dot com slash Ask the Lawyer. You can find
38:01
Speaker 4: the information over there.
38:02
Speaker 2: Harvey. We'll see you were Tom back here next week.
38:04
Speaker 5: I'll be here next week. I think Tom's going to
38:06
Speaker 5: be out of town. So I get three in a row.
38:08
Speaker 2: Sounds good.
38:09
Speaker 6: Three pet, that's good.
38:10
Speaker 4: Three ft from Harvey Payton Next week. You can get
38:12
Speaker 4: the phones ready to coming out next to Dave Allen.
38:15
Speaker 4: We'll be up and then Dave and TJ will be
38:18
Speaker 4: after that at on talk line. I'll be back this
38:19
Speaker 4: afternoon at three oh six on hotline. Have a great
38:21
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38:23
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38:28
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38:34
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