Latest / Ask the Lawyer / 08/17/2023 Ask the Lawyer with Harvey Peyton
Transcript
- 0:00Our area's most beautiful properties deserve the finest realtors. Meeks Realty Group. We
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- 1:00It's a Thursday morning, and welcome to five eighty SHS. The voice of
- 1:03Charleston and Harvey Peyton is here with the Peyton Law Firm in Nitro, like
- 1:08the Peyton's r every Thursday morning at this time, and that means the lines
- 1:11are opening questions about the law. Three oh four three four five fifty eight
- 1:15fifty eight. Three oh four three four five fifty eight fifty eight. Harvey
- 1:19has arrived and he got around the wreck and right right safely and on time.
- 1:25Indeed, I allow that to the good traffic reporting by Jenny Murray.
- 1:30Jenny Murry, who I was coming up gotten on the Interstate at Winfield Interchange
- 1:36and I heard about the wreck. Well, then there's a there's an electronic
- 1:40sign right around the Bill's Creek bridge there on I sixty four east it said
- 1:46accident mal marker fifty five lanes closed. Well fifty five forty five is Nightro
- 1:53four. So okay, I'll give this a try. It just got off
- 1:57at Nitro and said, you know, the traffic is backed up on the
- 2:00rampant institute. I'll just going up through Dunbar. But sure enough, I've
- 2:05got on the rampant institute, the on ramp and right that is exactly where
- 2:07the accident occurred. Just this truck is sitting upside down and backwards, so
- 2:14it's a tractor cab knocked off its bed, actually sitting. I don't know
- 2:19what happened. Speed probably was one of the elements, because obvious the vehicle
- 2:23flipped and spun and it's blocking the highway and he had to sort of wee
- 2:28way over to the right on the berm on the entry ramp to get by.
- 2:31Of course, once you get by the that's see there's no traffic because
- 2:36it's all backed up miles. But it's gonna take a while more than just
- 2:43it's more than a job for just a wrecker. And I'm not sure it's
- 2:46hopefully no one was injured. It didn't look good. I mean, if
- 2:49there was a driver in there and a passenger, it's looked like one of
- 2:53those things where unless they were all built it up securely, you can have
- 2:55some injuries. I guess they had a fatality. And sells are also last
- 3:00night a car flipped and the driver was killed, and they always wonder when
- 3:04you see that, what about seat belts? Where are your seat belts?
- 3:08One of the big parts of our business at the Peyton Law Firm is and
- 3:13has been for forty plus years is automobile accidents, helping people who are injured
- 3:21or who have had family members a loved ones killed in automobile or other vehicular
- 3:24accents trucks, trailers, campers, motorcycles. But the biggest change that I've
- 3:35seen from the seventies until now is the number of accidents that occur where people
- 3:42suffer moderate injury, serious but not life threatening as opposed to devastating facial fractures,
- 3:53facial lacerationsphemeral fractures, collapsed chests from a steering wheel. That's all result
- 4:01of changes in automobiles. You know, Lapping shoulder belts flat out save lives.
- 4:09Fasten your lapping shoulder belt. Don't let anybody tell you differently. And
- 4:12it's really good. I mean, my children got me to do it,
- 4:15and I was one of the world's worst. I grew up when there were
- 4:17no seat belts and vehicles. I would sit on my seat belt or fold
- 4:23it behind the seat. It was like sin as a became a a dad
- 4:27fastener belt. So it's automatic now. But I mean I have seen it's
- 4:32almost assured. When you see an ejection from a vehicle, that's what causes
- 4:40people to die. You get ejected. Very few people survived that. There
- 4:45have been some I've reported on over the years bub very very key. And
- 4:47then I've been involved in cases where one in particular that was tragic. It
- 4:55was a horrible accident, horrible property damage. But at the end of the
- 5:00day, extremely well renowned forensic pathologists looked at the accident said if this person
- 5:10had been wearing a belt. They wouldn't ever have died because they died at
- 5:15the end of the accident a sequence, not when they were hit by the
- 5:17drunk driver, or not when they went in the other landing and impacked another
- 5:19car, but when the car left the road and hit a retaining wall.
- 5:25That was the occurrence that then propelled them out of the vehicle. Now,
- 5:29the question of my case was when to the belt open. Did they have
- 5:30a belt fastened or none fastened. Sometimes they can fail, and some latching
- 5:36mechanisms from the particularly the eighties, weren't as good as others and they could
- 5:43fail. So somewhere during that accent sequence, it was our position the belt
- 5:46failed and at the end of the sequence, the impact with the wall caused
- 5:49the ejection. It's just if you're within the sound of my voice and do
- 5:54not deactivate the pastor's side airbag. Leave it activated. Although the airbag can
- 6:00cause some serious injury, but they save lives. I mean you can if
- 6:02you have put your hands in front of your face, you can get a
- 6:05pretty severely fractured forearm. A good friend of mine, an artist here in
- 6:13town, Paula Clinden, and a wonderful person. She was driving a Meata
- 6:15and turned with her left hand, was turning the steering wheels severely to the
- 6:23right when the one of the wheels hit the curve and activated the the airbag,
- 6:28which was in the center of the column, boom fired through her arm
- 6:31and heard her pretty badly. She's made a complete recovery and she's a wonderful
- 6:35artist. She lives up here on the East End and TV. She retired
- 6:39from Washington State University. Just we're them. I mean, we're in the
- 6:45business of helping people recover compensation for injuries, trying to help people get back
- 6:51on their feet after they've suffered an injury. Helped guide people through the intricacies
- 6:58of automobile insurance, medical insurance. How do you handle leans for Medicaid and
- 7:03your own insurance carrier? How do we negotiate those down That's that's what we
- 7:06do at the Payton Law Firm, and we're really good at it. But
- 7:12our primary concern is with the client. We don't want people to be hurt.
- 7:16And I said, well, that would be a really good case.
- 7:18Well, it might be a good case from the standpoint how much money a
- 7:21lawyer can make. But if there's a person who's dead, who'll never know
- 7:27a grandchild, and who'll who'll be missed at Christmas and Thanksgiving for the rest
- 7:31of other people's lives. That's not good. That's that's bad. All we're
- 7:35trying to do is make the best that we can out of a bad situation.
- 7:39And you know, the vehicle's money for that, and we're really good
- 7:43at getting that for people. But our wish is we didn't have any business,
- 7:46but people didn't get hurt that what we did was adoptions and deeds and
- 7:54state planning and real estate purchases for happy families who don't have tragedy. That's
- 8:00is not the case, and so we try to fill the niche and do
- 8:01a pretty good job of it, actually way better than average, and I
- 8:07think excellently. We rank about a nine point seven on a scale of one
- 8:11to ten. I don't think anybody ranks to ten because anybody that tells you
- 8:15they've never been unsuccessful in prosecuting a case or they've never lost the case is
- 8:18lying. What is the key? Harvey and Harvey Payton's with this Peton law
- 8:22from three or four three four five fifty fifty three or four three four five
- 8:26fifty fifty I would in the number and the lines are open. I mean,
- 8:30it's not magic. It What happens is you work hard I mean right,
- 8:33I mean the hard work preparing for a case, researching. I mean
- 8:39there's no really substitute for that. There's no substitute for that. There's no
- 8:41substitute for never stop thinking about a case. I mean, it's an inquisitive
- 8:46mind that tells you, you know, let's look at this angle, let's
- 8:52look at that, let's talk to this oneness, let's go see this scene.
- 8:56Let's you know, and then once you put together in your mind what
- 9:01happened here, Well, how are we going to prove this? That's what
- 9:05you always have to stop and think, how do we prove this? You
- 9:07just can't buy the seat of your pants, go to some seasoned insurance a
- 9:11jester who's a person who'sn't responsible for millions and millions of dollars and has someone
- 9:16looking over their shoulder and say, well, give me a million dollars.
- 9:20Ranswer is going to be well no, So you have to look at every
- 9:24situation from the standpoint of well, what first of all, what does my
- 9:28clients say about this? And then one of the other facts. Are there
- 9:33any physical facts that conform with what the client says or dispute what the client
- 9:37says? Are there any other witnesses? Always go and take a look at
- 9:41the scene. I mean lawyers that don't go aren't in a position to go
- 9:45look at the scene of an accident. I don't don't do their client of
- 9:48service. You never know what you're going to see out there. And I
- 9:50can tell you one thing you'll find out. If you go look at the
- 9:52scene of an accident, you'll have an advantage probably over the other lawyers because
- 9:58the defense lawyers they and they're all working for insurance companies who are paying the
- 10:03bill. And now these insurance companies have got the defense counsel choked down to
- 10:05almost nothing. They dispute their bills, they don't want to pay them.
- 10:11Is if you're taking somebody's deposition, the other drivers say, and you can
- 10:15say, well, now where were you in releasing? You know where that
- 10:18blue house is sitting out next to the road. Well, they're not expecting
- 10:22somebody asking that. So now you've got a witness there who doesn't know what
- 10:26you know, and they don't know what you don't know. So there,
- 10:31so it puts them off guard. You've got an advantage. It's about hard
- 10:35work is hard work, and you've got to be fearless soon, and you've
- 10:41got to have some nerve. You have to. It's just not a matter
- 10:43of shuffling paper and getting some numbers and say, well, let's take your
- 10:46medical bills and multiply that time three and I'll see if I can get to
- 10:50that, and you give me a third of it and you go on down
- 10:52the road. It's developing a relationship with your client and seeing what the true
- 10:56nature of an injury is. You know, you can have a lady who
- 11:00said, well, she suffered a severe shoulder injury when some I fell from
- 11:07the water company left the lid on a manhole loose. Well, okay,
- 11:13not a whole lot of medical expenses there, and it's a bad injury.
- 11:15But said, well, how does that affect you? So well, the
- 11:16other biggest thing is I had to cut my hair. I've always been happy
- 11:20with my hair. Well tell me about that. So well, I can't
- 11:24raise my arm any above my ear. I couldn't take care of my hair.
- 11:28I would always you know, I said, a nice She's brought the
- 11:31eastern end of the company. I mean, it's like a part of the
- 11:33lifestyle. I haven't keep longer here and I couldn't do it anymore. So
- 11:39I'd cut my hair the first time in my life and it'll be that way
- 11:41the rest of my life. Well, now you just think about that.
- 11:46You know, it's hard to say how does that equate the dollars, but
- 11:48it certainly has some value. It's you know, you tell an adjusture.
- 11:52Okay, Well here's what you're going to hear. You know, I heard
- 11:56this morning on the way up. Unfortunately, I'm apparently Judge Tabbot has a
- 12:00health issue that she's now taken a month off. It's kind of gymer.
- 12:05I hope all hope and pray for her speedy recovery. Jendit. Tabbot's a
- 12:09wonderful person, and before she went on to bench, she was actually a
- 12:13mostly a defense lawyer. She worked at these insurance supported law firms. But
- 12:20I had a case in Saint Alban's and it was a fall in a parking
- 12:26lot, and it was one of those that's well, let's take a look
- 12:31at this from the standpoint of liability. It was the hole there. Wanted
- 12:35to not see it, but she took in my client's deposition and actually the
- 12:43client's son used to work here, and we finished it. You know,
- 12:48let's just have a mediation, said and we settled a case before the meetiator
- 12:52got there. So because I told her the adjuster, this is such a
- 12:54nice person. This exudes niceness. She's just as kind Christian woman. What
- 13:03would call you to Colfee say she's a good woman. He's a good old
- 13:07woman, and she's hurt and they're gonna people are gonna give hers the money
- 13:11and a lot of that has a lot to do with it. And how
- 13:13you work with your clients and you tell them that, get their expectations.
- 13:16You know. People come in and they read the newspaper. They see,
- 13:20well, a woman in Texas yesterday got a billion, two hundred million dollars
- 13:24for a porn shaming. So my boyfriend she had made the unfortunate stupid mistake
- 13:31of picture taking or filming or whatever people do it. I mean, it
- 13:35just happens, and then they broke up and the guy, without her permission,
- 13:41publishes these which is unlawful. I think it's unlawful and actionable here in
- 13:45West Virginia as well as in Texas by statute. Well, okay, it's
- 13:50uncollectible. It's a signal verdict. It's has nothing to do with real world
- 13:56situations or what you can expect six people in Bututenham County or Mayon County or
- 14:00Knawa County to do, I can increase your probabilities of a significant recovery.
- 14:05It can't guarantee it. But you always had to face reality. You know,
- 14:09I've talked about this before. What people view as big verdicts, shocking
- 14:16verdicts here in Florida, they happen every day. In Dallas, they happen
- 14:22every day in Los Angeles and Chicago, New York and New York City.
- 14:26If it's just it's a factor, it's a function of the cultural norm where
- 14:31you live. But you know, we love doing it. I've loved doing
- 14:35it. It's challenging. It's like putting a puzzle together, putting all the
- 14:37pieces together. I mean, I remember once we had a case. And
- 14:43you know, Western State police are probably the most well trained accident investigators auto
- 14:52accident investigated, but the subment sheriffs and city police are as well because they
- 14:56get to the academy. But it may be more intense for the state police
- 14:58because they a highway patrol function and a lot of counties they are the only
- 15:01law enforcement they respond. So they do a diagram and they'll pick a reference
- 15:07point and show it. It may be a power pole. Because they all
- 15:11have numbers. You can go out in the field and find that particular poll
- 15:15number and they measure a distance from there to the air and generally they'll take
- 15:18a wheel of measure the width of the readway. Well, you know,
- 15:20if you know the width of anything or the length of anything, you can
- 15:26scale that down and you can you know, you can go to somebody who
- 15:30is a member of the Canall Valley Model Railroad Association and they can scale that
- 15:33out for you perfectly, because that's what they do. And that's how you
- 15:37build a replica of Thermon or hand Leave or the Dickinson yards and so.
- 15:43And you can go online and you can see whatever the exact dimension is of
- 15:46every automobile that travels on the roads and inches their centimeters and wait wheelbase.
- 15:52So you just get yourself some styrofoam and cutting knife and there you are.
- 15:58You've got everything reconstructed. You can put right there on the table. You
- 16:00can take people in a deposition and walk them through it. But that's not
- 16:03easy. It takes a lot of experience, a lot of time to learn
- 16:06how to do that, which is the reason people if they have an injury
- 16:10or they at least give us a thought. We don't. We're not big
- 16:11advertisers on TV. It won't be because you can't get more business than you
- 16:15can handle. But what we get we can handle, and we you do
- 16:18a really good job. We love having you here, that's for sure.
- 16:22I five ad w c HS and John is on the line, John,
- 16:23Jovy Peyton, John, go ahead, thanks for calling, Go ahead,
- 16:26sir, all right, good morning. My question involves wills and let me
- 16:36make turn ready. Yeah, that's fine. Okay. If a couple had
- 16:41a will, and for instance, you know, the surviving spouses part of
- 16:48the executor, and they divorce, what is the and then the person remarries,
- 16:53what is the status of the original will? It's totally void? Yeah,
- 17:00okay, okay, the divorcetion remarriage, I beg a part divorceing remarriage.
- 17:07Would to get that will? Right? Okay? All right, that
- 17:11was my question. Okay, thank you, thank you, noblem, no
- 17:15problem. And actually, in addition to the bulk of our work. We
- 17:21sort of take pride. You know. When I went to law school in
- 17:25the seventh early seventies, it was a smaller school than it is now.
- 17:27There were only two hundred and eighty students, which is about a class of
- 17:33working town now, and the faculty took the attitude their job was to train
- 17:37lawyers to practice law, to be able to do things, to have an
- 17:41exposure. It's almost like the core curriculum. So I don't know how to
- 17:45do wills, and I know how to look at a real estate record and
- 17:51to read it need and to tell on any restrictions mean and and every lawyer
- 17:56that's ever worked with me, I've told him, you know, you've got
- 17:59to learn how to do this, and Tom learned how to do it for
- 18:00me. And some lawyers said, will know, and they moved on to
- 18:03practice elsewhere. Because you've got to be able to help people in all aspects.
- 18:07You can't just turn people away. We're here to help people, and
- 18:12obviously we like to help people who've been hurt or injured, who've suffered a
- 18:17loss financially or to their property, or having a beef with an insurance company.
- 18:22But at the same time, if that person is sitting in the office
- 18:26like Onethellas said, well, you know, they needed help with a little
- 18:30bit of a complicated adoption. Really nice people, you know, and a
- 18:37lot of uncommon circumstances. There are a lot of There are circumstances where natural
- 18:42mothers are their daughters sisters. Because of the way social security works, so
- 18:52security disability. Suppose a child, and you know this happens all the time.
- 18:59Young woman. It's pregnant, father not around. They're going to keep
- 19:07the child. That's just the way it works. Child lives in the household.
- 19:12Maybe the mother then says, you know, I'm gonna move it on.
- 19:15I'm gonna get to school. I got a job, but can you
- 19:18take care of sissy here they do. Father dies on the job. Well,
- 19:23if within six months of his death, the mother, his widow,
- 19:27adopts that child, that child then has considered a surviving dependent of a deceased
- 19:33worker, and it's entitled so security benefits until an appropriate age. But of
- 19:37course there's some time in the future that I mean, they know who they
- 19:42are. It's my daughter, but legally is my sister. And so I've
- 19:49underwhelmed them. You know, it's almost invariably you know after the they just
- 19:56realize after generally after the grandma passes away, everybody's thinking, well, well,
- 20:03we just doesn't do this. We know who we are. We just
- 20:07like to make illegal. So you don't want to turn people like that,
- 20:08Well, you send them to somebody else who doesn't know what they're doing,
- 20:12and they tell all we can't do it, or charge three or four or
- 20:15five thousand dollars for doing something they want to charge by fifteen hundred bucks for
- 20:18it. I see that all the time. I just can't do it.
- 20:22I don't have the stomach for it. So we still do a lot of
- 20:26like general loss suburban transactional work. I do most of it now because Tom's
- 20:30busy with litigation and he's sort of got some big cases going on right now,
- 20:36a big criminal case in Cavil County that he's working on, and you
- 20:41know, pretty significant civil litigation. But that's what we're supposed to do.
- 20:47I'm not adverse to lawyers who advertise. Obviously, this show is advertising rights.
- 20:55We ride it off as a part of our advertising budget. It's called
- 20:57top of mind awareness. People hear you on the radio, they think of
- 21:02your name and they think lawyer. They associate your name with lawyer and hopefully
- 21:06if they need a lawyer that's on top of their mind. Television obviously makes
- 21:11the phone ring more than the radio does. I know you don't like to
- 21:15hear that, but it's just a fact. You know, a big,
- 21:18well integrated, well financed, professionally thought out TV campaign is going to make
- 21:26the telephone ring. It's also going to cost a million dollars a month sometimes
- 21:32and maybe result in a lot of business that you can't Well, you have
- 21:34to get big enough to handle it, all right. I find it somewhat
- 21:41offensive that people who have their home base in Alabama or Florida or wherever can
- 21:45hire one lawyer in West Virginia and saturate the airwaves TV waves with ads about
- 21:51how big they are, and people call, I mean they do. I
- 21:56think you'd be better off getting your West Virginia based lawyer that's got roots here,
- 22:00has actually tried a lot of cases here, So you have a quisom
- 22:03about that. But I mean, people are gonna hire who they're gonna hire.
- 22:06I can't tell you who to hire. I just say if I would
- 22:07ask if people think about the pain the Paintent Law Firm in any regard.
- 22:12Yeah, well I'm gonna take a break. Yeah, well come back.
- 22:15Maybe we start talk about my coalfield family. Okay, it's a big day
- 22:18for me and my coal field fa Okay, good, give us a call.
- 22:22Harvey's here, Harvey Payton to the Paintent Law Firm in nine three or
- 22:25four three four five fifty eight fifty eight lines are open. Three oh four
- 22:30three four five fifty eight fifty eight. It's eight forty two back in the
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- 23:37What's the power bating on your side? We have a courtroom experience.
- 23:45Set your need. We never give up. You're prepared to fight for your
- 23:49rights. When you need action, count on us. What's the power Ovator
- 24:00on the side eight forty five on five eight wcajas the voice of Charleston,
- 24:08Jeff Jenkins with you and Harvey Peyton with the Peyton Law Firm in Nitro three
- 24:12h four three four five fifty eight fifty eight three or four three four five
- 24:15fifty eight fifty eight and we just give a tease like we call on the
- 24:18broadcast interests. Two weeks from today, Harvey will be giving his Mountaineer football
- 24:22for day, and I've been working on a day and night. I've had
- 24:26my sleeve garters and my little green visor on sitting under a spotlight, pouring
- 24:30over those stats, learning the names of the players. So that will be
- 24:34coming out of that hermetically sealed jar. It's now being held on fucking Weigel's
- 24:38Backborchs until the thirty first of August when it will be under unveiled right here.
- 24:45Yes, this show at about eight forty five this time, we look
- 24:48forward to that now continuing continuing, Yes on our prior vey and I'm just
- 24:52gonna talk a little bit about we talk about the Peyton Law Firm. Are
- 24:56the people who make up the Peyton Law Firm. Everyone who works in our
- 25:00office is a native. I've and grew up within a twenty mile radius of
- 25:06the office. That means a lot. You understand people that you deal with.
- 25:14My family roots, of course, my grandparents, my mom's parents came
- 25:18from Scotland. They emigrated here in nineteen twenty. My grandfather was in the
- 25:22British Army. He got shot up when home married his sweetheart and he had
- 25:26brothers already here down in Backley working for Raleigh Colan Coke so that's where he
- 25:32went. He went to Backley. My mom was born in a company house
- 25:34in Raleigh, herd or twin sister, and they had another sister born in
- 25:41Raleigh. My grandfather had a little run in with Raleigh Colan coke and they
- 25:47can't even went to Price Hill and we had bounced around like miners did in
- 25:49the thirties. He got black lung, got sick, moved down Norfolk,
- 25:53Virginia with my mom's twin sister, and the pat died young, you know,
- 25:57seventy, but he was a hale, hearty black lunger. But my
- 26:03other half half our root are down in the well Sun in Cabell County,
- 26:07the Peyton's, but mostly down in Mason County. On sixteen malk Creek was
- 26:11a family named Holdren. My grandmother was one of thirteen children. And things
- 26:15we're looking up in Mason County now. I used to have a big practice
- 26:18in Mason County when the circuit was two counties, putting a man Mason.
- 26:22That's dropped off a little bit, but still that's a territory that we're really
- 26:26familiar with. I saw John Musgrave on TV talking about still fighting the fight.
- 26:33John Musgrave. I mean, I want to tell you something. John
- 26:34Musgrave is a he said, he almost what you classifies in a how Valley
- 26:41hardhead Republican. But John Musgrave was one of the best public officials I have
- 26:48ever met or had the privilege to work with. He is a nonpartisan,
- 26:52upright, honest, hard working, forward looking personal. John's got to have
- 26:56some AIGs on him now. He was lottery director of what twenty years a
- 27:00hint of scandal. He had a brother, Raymond Gerald, who was the
- 27:06probably an attorney in Point Pleasant, but he's now the development director for Mason
- 27:11County. You know, they got a new corps and they have the hydrogen
- 27:17fidellas seem's going to be up in the T and T area there. They're
- 27:19talking about using a public hunting area to store this underground. Well the T
- 27:26and T up there north the Point Pleasant, you know the old ammunition storage
- 27:30facility. I guess that's where it's going to be. So that's kind a
- 27:33heartwarming for me because the family split. Some of my grandmothers uh well,
- 27:38she stayed in Mason County until she met my grandfather. She was a cook
- 27:41on a farm and the Peter Couch farm and some of her sisters stayed there,
- 27:47but all of her brothers. One of'em disappeared, joined the navy
- 27:52and he just never came back when the rest of'em all came here.
- 27:55She had a sister Ada that lived up in the Gollybridge, very fella in
- 27:57Kincaid that worked for the in Railroad and the Holdrons. They found their way.
- 28:03Of the ones that lived on this side the other side of the river
- 28:04in Chesapeake, they all worked for Carbon Fuels, and the ones that lived
- 28:08on this side of the river lived in Bell and Cedar Grove and worked for
- 28:11Valley Camp. So that's all I knew, is that kid. My dad
- 28:15worked at the post office. He was the only male. Well, my
- 28:18uncle was a queer man in the Navy. He went in the Navy and
- 28:22the Second World War, came out briefly and went back and went to California.
- 28:26But the rest of'em, we neither worked at Obett or Valley Camp
- 28:30or Carbon Fuels or Caldon or like one of them was a meat cutter at
- 28:33the Kroger's up in above Bell there. Anyway. Yeah, so today,
- 28:42I mean, I've got a very few cousins left, and they're my second
- 28:47cousins, because my dad had so many first cousins, but they were all
- 28:52so much older, all my dad's age because my grandmother was the youngest,
- 28:56that I referred to him as my aunts and uncles, although they were actually
- 28:59my father cousins. No. Beth Garton, who's she's one of my last.
- 29:03She lives over in Kanaua City. So after her finished today, she
- 29:07Beth was like the rest of us. She was going to trim a tree,
- 29:12okay in her backyard, so on her own puts a ladder up in
- 29:18a tree over a concrete driveway to do. Now you know how the rest
- 29:23of this story ends, and it hasn't ended. Well, she's been fighting
- 29:26through it. So I'm gonna tell you. I go down to Charleston Bread's
- 29:30here, this great bakery at Capitol Street and get some cinnamon rolls, go
- 29:33up to Best's house or some coffee and cinema rolls. After we live here
- 29:36today, leave here today so we can talk about old times in the coalfield.
- 29:40Pete Holding was my grandmother and brother. Actually he had a good job.
- 29:44He had a ice house in Belle because he was personnel man for Valley
- 29:48Camp, which was pretty good job, Bruce, Bruce. He came over.
- 29:52He lived in Cedar Grove. He worked over there. But then my
- 29:55favorite cousin slash uncle was Clay holding his nickname. He was rugged, a
- 30:00little short wave. See him. He could eat corn on the cob with
- 30:04his gums because he'd choose so much tobacco. But he couldn't couldn't smoke,
- 30:10just can't smoke underground. So I never saw a Clay without a wadding.
- 30:14And he spent that tobacco out and he just he'd eat corn on the coffer.
- 30:18Here laid Aroun because his teeth, his gums were like mummified for met
- 30:22to pach. Nicest little guy. He could dance, he could sing,
- 30:27but then he got you know, by the time he was about sixty five,
- 30:30his fingertips started turning blue and you could hear that and it killed me,
- 30:38you know, unfortunately. But no, he worked. He worked for
- 30:41a long time, his dad, Homer, for carbon fuels. And the
- 30:48difference today, I think in the mining industry. And then is I got
- 30:52to know Tom and Newton, Jimmy Thomas, Newton Thomas and Jimmy Thomas Hey
- 30:57their fathers, along with like Danny James grandfathers started carding Fuels. They owned
- 31:03it. They had a gu named Campbell. I think that random minds for
- 31:06him. But Newton, Jimmy knew Clay. Oh yeah, hey, Clay
- 31:11Rugged. He worked for us for years. I mean they actually knew people
- 31:14who worked for him, which I'm not sure that in today's modern era of
- 31:18the alphabet soup of IBG Industries or that that's still the case. And although
- 31:27there was a clear divide in their minds, like my family's minds, between
- 31:30management and labor. I mean it was like they're all umwa men, all
- 31:34all of them, all of them, and they liked the boss. But
- 31:38you know, there was just like that dividing line, you know, you
- 31:42know, I take care. So that's that's how my morning is gonna be
- 31:45in. And I've got to go to the to the Western Bar Association is
- 31:49now having their annual convention today and Friday and Saturday morning. And I said,
- 31:56I'm a past president of the Bar Association. They have a little enter
- 32:00on the first night for the past presidents and you get to wear a tuxedo,
- 32:04you know. Oh yeah, it's like the Radio Awards, you know,
- 32:08And so I'm more Rob Fisher from Ripley is the president of the Association
- 32:14this year, and Rob and I've been talking was his to run, but
- 32:17to try and emphasize the solo and small practice section of the Bar Association,
- 32:22because I tell you, Jeff, we critically need just like we need bus
- 32:27drivers and cooks and mechanics and corrections officers, we need some lawyers in some
- 32:34of these communities who can provide just the basic services that folks need. Me
- 32:40and maybe not exclusively, but to help you know, for instance, we
- 32:45have an estate planning seminar that the Bar Association puts on really good material for
- 32:51things like how to help people with the states and how to help people with
- 32:53Medicaid planning that a lot of folks don't want to do it full time,
- 32:58but you want to know something about it. In the spring, we have
- 33:00a real estate seminar and we're gonna try and put together. I think Rob
- 33:05wants me to try and get on an ad hoc committee to put together,
- 33:08you know, maybe a couple of more functions around the state to encourage solo
- 33:14or one man offices or small practice, and maybe to work with the law
- 33:19school and saying, you know, let's get some small practice small town practitioners.
- 33:25Just because you have a practice a small town that mean you're a small
- 33:28time lawyer. Yeah, and they're playing smart people around. I mean,
- 33:31you don't have to go any farther than twenty eighth Street and nighter to prove
- 33:35that's true, because you're not gonna find you it any better than me and
- 33:37Tom. So hopefully it will be successful. And now I'll keep you posted.
- 33:44Okay, but good, how are we doing on time? Are you
- 33:45going doing all? Right? Now? I wanted to get a comment from
- 33:49you on in Harvey's with us. There's a time to squeeze in a phone
- 33:52call or two three or four three, four five fifty eight fifty eight.
- 33:54We've got a couple of minutes just on the cupbox. WVU. I have
- 34:01not seen what the review disclosed about the law school that I know. There
- 34:06are some program consolidations that are proposed for the law school. Yeah, yeah,
- 34:10if I went over all those things, and I yes, it was
- 34:15like it was it was almost like refocus, you know. The kind of
- 34:22message was kind of right, and I mean, and maybe that's not a
- 34:25bad thing the way I look at you know, everybody wants to pick on
- 34:31the sick chicken. And you know, you've seen chickens in a in a
- 34:36hand a house or in a chicken coop. You know, one of the
- 34:39chickens gets sick or it gets it down, and the rest of them pick
- 34:42it to death. And so Gordon Gee seems to be like the sick chicken
- 34:46now for people who want to find some deflection from the serious problems confront WVU.
- 34:54My overall thought, it's a combination of a lot of things. You
- 34:58know, the legislature in West Virginia flat budget idea. It just means you're
- 35:00cutting the budgets of everything two or three or five percent every year because of
- 35:05inflation. You're disregarding legitimate needs for increase funding, trying to make it all
- 35:09up with tuition increases and financing that with unbearable student debt. That's what we've
- 35:16been doing for like twenty years now. It was President Gee off base ten
- 35:23years ago when he said we ought to be a forty thousand student institution.
- 35:29I personally think yes he was. I didn't agree with it at the time.
- 35:32The massive increase in the number of foundation funded dormitories up there in the
- 35:39Sunnyside area. It's not a good culture to me. My oldest grandchild went
- 35:45to school there for a semester, and I said, I just think you
- 35:47ought to get out of here. You got a liquor store next door,
- 35:52You got a convenient store in a dormitory that sells beer. Who say,
- 35:55twenty four hours a day. I mean, I don't see this as a
- 36:01good thing. I don't see but but you can't undermine your top personnel.
- 36:07If the Board of Governor says that Gordon Key is going to be the president
- 36:10of Western University until July twenty twenty five, then for the good of the
- 36:15institution, we have to hope this all works out. Now. I've been
- 36:20on the visiting committee for the College of Creative Arts several times. I didn't
- 36:24graduate from the College of Creative Arts. I just gravitated there because of my
- 36:28interest in the arts. I've been exposed to three different deans, one of
- 36:37whom Paul Crieder moved up pretty quickly to an administrative position. Well maybe that's
- 36:43where he belonged. It does seem that there's a good bit of administrative top
- 36:47heaviness. Perhaps, But but I I just think we need to take a
- 36:54good close look and refocus the whole instant to university can easily handle in Columbus
- 37:02forty or fifty thousand students. You're not going to be Pennsylvania State University that
- 37:06can have campuses in Philly and Uniontown and Youngstown and sustain fifty thousand students.
- 37:12It's unsustainable in Morgantown. It's too big for the city, it's too big
- 37:15for the infrastructure, I think. And the consolidates to programs and reduction of
- 37:22some programs so that you've got excellence as opposed to quantity. I think it's
- 37:25a pretty good idea. I do not agree with the idea that you should
- 37:30be a technical career training school particular industries. I don't think that's the function
- 37:37of a university. That's right, right Peyton Law Firm and Nitri. But
- 37:39the function of the Peyton Law Firm and Nitro is to help people, or
- 37:43try to help people, and we try as hard as we can every day.
- 37:46I can tell you that every day when Tom Peyton goes to work,
- 37:51when I go to work, when our staff comes to work, we work
- 37:52as hard as we can every day for about eight in the morning until six
- 37:58or seven in the evening to help people who have been hurt or injured,
- 38:01who have suffered a loss in their family or their business or property, and
- 38:07they're founding themselves butting heads against the established invested interests. That's what we do.
- 38:12So if you have such a loss, cause three O four seven five
- 38:15five five five five six stop by our office twenty eight oh one First Avenue
- 38:22and nine through. It's only about twenty minutes from where I'm sitting right now
- 38:24in downtown Charleston. Clearly, if you're Putton County or Mason County resident,
- 38:30Jackson Lincoln, we're in the place together, all right. ABC News is
- 38:35next. Thanks Harvey is five A D w c HS sorry w c HS
- 38:40A W two four three d RFM Charleston, W two eight three HU Cross
- 38:45Lanes by w VRC Media Station. We are proud to live here too.