Latest / Ask the Lawyer / 10/03/2024 Ask the Lawyer with Harvey Peyton

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10/03/2024 Ask the Lawyer with Harvey Peyton · Ask the Lawyer

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Speaker 1: Unlock your dream property with meex Realty Group, where Rich
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Speaker 2: The views and opinions expressed on this program do not
0:18
Speaker 2: necessarily reflect the views and opinions of five eight wcchs
0:22
Speaker 2: it's employees or WVRC Media.
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Speaker 3: Put the power of Peyton on the side. We have
0:30
Speaker 3: the courtroom experience and such your need, we never give up.
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Speaker 3: We're prepared to fight for your rights. When you need action,
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Speaker 3: count on us. Put the power of paton on your side,
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Speaker 3: the power of baby.
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Speaker 2: You are listening to the power of patent and you
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Speaker 2: can put it on your side. This morning three zer
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Speaker 2: a four three four five fifty fifty eight three four
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Speaker 2: five fifty eight fifty eight give us a call this morning.
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Speaker 2: The Peyton Law Firm is here and this morning that
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Speaker 2: would be Harvey. Good morning, Harvey. How you doing this?
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Speaker 4: I'm doing quite well.
1:10
Speaker 2: Appreciate your time and coming in.
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Speaker 5: Well, you know it was a little fog this morning
1:14
Speaker 5: coming in so that makes for a bit of a delay,
1:16
Speaker 5: except for the except for those folks who are so important. Right,
1:20
Speaker 5: there's always somebody on the interstate who are so important
1:24
Speaker 5: at least in their own mind, that they if the
1:26
Speaker 5: sign says fifty five construction zone, well I'm too important
1:30
Speaker 5: for that, so I'll go eighty. You know, generally driving
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Speaker 5: a big expedition or escalade every time. And you know
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Speaker 5: there's if there's a break in traffic from one lane
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Speaker 5: to another, I need to get in that because I'm
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Speaker 5: so important, I need to get wherever I'm going before
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Speaker 5: anybody else.
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Speaker 4: I mean, it's just.
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Speaker 5: Not too many people. I mean, I will say this.
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Speaker 5: We had this big construction project that's been going on
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Speaker 5: at the microe Saint Albans Interstate, the Interstate Bridge. It's
1:59
Speaker 5: not the life in Alvyd's Bridge up at Center Street
2:01
Speaker 5: and Third Avenue, but on Third Street, but down on
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Speaker 5: I sixty four. And it's been a big job. And
2:09
Speaker 5: when it started, you know, we lived down in Putnam County.
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Speaker 5: Now we'ved in Nitro there for a while. And I said, well,
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Speaker 5: Honet even spentd's gonna get ready for two years of
2:21
Speaker 5: just interminable traffic jams and waiting and it'll take an
2:26
Speaker 5: hour to get the nitro in the morning, and it'll
2:28
Speaker 5: take an hour to get to Charleston and half an
2:31
Speaker 5: hour to get home. But that hasn't happened. It's been
2:34
Speaker 5: the most smooth operation. The project's almost finished. Actually there's
2:39
Speaker 5: a little more delay now that the project's almost finished,
2:43
Speaker 5: because you know, the contractor built a new bridge north
2:52
Speaker 5: of the existing bridge, and traffic was all shifted to that.
2:56
Speaker 5: It's a four lane bridge. He still had two about
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Speaker 5: eastbound to westbound. It's just a big change in traffic pattern.
3:02
Speaker 5: And then demolished the old bridge, built a new one
3:06
Speaker 5: in its place, using the old piers, and so they
3:10
Speaker 5: were able to shift entire lanes back and forth and
3:15
Speaker 5: things just ran really smoothly. Well, now, of course we're
3:17
Speaker 5: almost at the end of the project where they're tying
3:20
Speaker 5: everything together. You know, you've got to get the entrance
3:23
Speaker 5: ramps and the exit ramps all paved and all striped,
3:27
Speaker 5: which means you know, you've taken away all the temporary
3:30
Speaker 5: of the concrete barriers, and so now it's just cones
3:34
Speaker 5: and they moved from day to day and really you've
3:37
Speaker 5: got a lot of workers here and there. It tends
3:40
Speaker 5: to slow things down more than it did before. And certainly,
3:46
Speaker 5: you know what calls me about people at speed and
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Speaker 5: work zones is those people who were working there, you know,
3:54
Speaker 5: for either for contractors or for the Department of Highways.
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Speaker 5: You know, they deserve a little respect. Just got out
4:00
Speaker 5: there like sitting ducks because you think you're too important
4:03
Speaker 5: to go fifty five as well, I won't hit one.
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Speaker 5: Well know what if you hit another car and knock
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Speaker 5: them into somebody. Right, Tom had a terrible case it's
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Speaker 5: probably been well five six years ago of a flagman
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Speaker 5: and put out the stop sign and this lady just
4:21
Speaker 5: ignored it and drove over his lower extremity and crippled
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Speaker 5: him for life. Now, you know that's just it used
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Speaker 5: to be. Is Jason Pizitella now, who's head of the
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Speaker 5: Contractors Association. I think it used to be Mike Klauser.
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Speaker 5: And they they're constantly saying, I have a good many
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Speaker 5: of my friends acquaintances from down around in Putnam County
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Speaker 5: that worked for West Virginia Paving down here, and you
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Speaker 5: know there was the biggest paving contractor around and they're
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Speaker 5: just constantly complain about people who do not pay attention
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Speaker 5: to speed restrictions in work zones. We had a while,
5:03
Speaker 5: but one of the reasons we had Pottam County. We've
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Speaker 5: been blessed. We had Mark Smith as the sheriff, and
5:10
Speaker 5: they went Steve Dewis's sheriff and now we got Bobby Egleston.
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Speaker 5: They're all good people with solid law enforcement backgrounds and
5:16
Speaker 5: they've developed really good police forces. And we had state
5:22
Speaker 5: police detachment in Winfield. So when the job first started,
5:27
Speaker 5: they had a bad situation on the other side of
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Speaker 5: the Winfield interchange where Highways had another contractor in there
5:35
Speaker 5: and they didn't get their signage right, and we had
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Speaker 5: what three people killed in accidents within about five weeks.
5:44
Speaker 5: No proper traffic control and an excessive speed. People weren't
5:47
Speaker 5: getting warned quickly enough about what was shaping up. So
5:52
Speaker 5: when this job started it was called zero tolerance. And
5:55
Speaker 5: I've had a friend, she was a magistrate's assistant and
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Speaker 5: at the attack, you've been at the courthouse for decades.
6:02
Speaker 5: One of those people that you've already her husband's a
6:05
Speaker 5: detective with a sheriff's department, and she said, you know, Harvey,
6:09
Speaker 5: I can't believe it every day. We just they zero enforced.
6:12
Speaker 5: From zero tolerance means zero tolerance. If it says fifty
6:15
Speaker 5: five and they're going sixty bam, he said, they're here
6:18
Speaker 5: at the window with a ticket with the fine doubled
6:20
Speaker 5: in work zones. And I'll tell you about three weeks
6:23
Speaker 5: to that and stopped it. That ground her down. You
6:26
Speaker 5: do some enforcement and pay attention to it. You put
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Speaker 5: some marked cars out there, and people see those flashing
6:32
Speaker 5: lights and hear stories from their friends and neighbors about
6:35
Speaker 5: going down to the magistrate court and what they know.
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Speaker 5: They find out that the court costs are about one
6:40
Speaker 5: hundred and forty bucks, and you put a fine of
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Speaker 5: one hundred dollars on top of that, and you double
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Speaker 5: that and so that little speeding incident's going to cost
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Speaker 5: you four hundred dollars and that slows them down. And
6:52
Speaker 5: it was a good thing, and it's carried over. I mean,
6:54
Speaker 5: we've really other than the few people who think they're
6:56
Speaker 5: too important to follow the rule, it's moved quite a long.
7:02
Speaker 5: I think that project is really nearing completion.
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Speaker 2: What's been a time free morning. When when did that start?
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Speaker 5: Started in the spring of twenty two, That's.
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Speaker 2: What I thought, it's pretty big, decent pace for that
7:17
Speaker 2: big of a job. Honestly, listen, it's pretty decent pace.
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Speaker 5: That job started well after this debacle that's going on
7:25
Speaker 5: down near the Mall Road and Cable Gown.
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Speaker 2: Yeah, we'll look in Kaas City too, and.
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Speaker 5: Well after Kanas City and actually either after a contemporaneous
7:35
Speaker 5: with the Jefferson Road project which didn't involve demolishing a bridge,
7:41
Speaker 5: building two new bridges and reconstructing two complete interchanges. And
7:47
Speaker 5: that project at Jefferson Road. They say that's going to
7:51
Speaker 5: be ready by the end of the year. I've looked
7:53
Speaker 5: at it. I don't know how that's going to happen.
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Speaker 5: Hope it's finished by Christmas time or those poor people
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Speaker 5: are here.
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Speaker 2: Quartered Cross Lanes has had a big project. They's that's
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Speaker 2: done pretty good speed.
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Speaker 5: I had done a pretty good speed, and it really
8:07
Speaker 5: was much needed. It's been a real hamstring the business
8:10
Speaker 5: out there at the Nitroum marketplace for the inability to
8:13
Speaker 5: get out of the place, not so much to get in,
8:15
Speaker 5: but exiting to try and make the turn to Charleston.
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Speaker 2: Really hard sometimes.
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Speaker 5: Yeah, absolutely, So, you know, let's talk a little bit
8:21
Speaker 5: about the Peyton Law firm.
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Speaker 2: Absolutely good week. Everything that's doing well.
8:24
Speaker 5: Everything's doing well. We mentioned, you know, the Nitroum marketplace.
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Speaker 5: Our office is at twenty eight oh one First Avenue
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Speaker 5: in Nitro, which is the main street throughout twenty five
8:36
Speaker 5: runs the length of town. Handy place to get to.
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Speaker 5: It's about twenty minutes from where we're sitting right now
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Speaker 5: in downtown Charleston, maybe fifteen minutes from Hurricane Cross Lanes
8:49
Speaker 5: is a five minute drive Saint Albans. So we've you know,
8:51
Speaker 5: we've got a really I guess you would say the
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Speaker 5: core of our footprint is western Knaw County, all of
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Speaker 5: Buttnam County, Mason Cable, Lincoln, some into Jackson. It's funny
9:04
Speaker 5: though the Jackson County, it's like Parkersburg is almost you know,
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Speaker 5: there just isn't much transactional business between.
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Speaker 4: The Parkersburg and Charleston and Parkersburg.
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Speaker 5: And Putnam County, or a little more in Jackson because
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Speaker 5: they bumped together up there. Kenna and a lot of
9:19
Speaker 5: people live out on the hill, but around thirty four
9:22
Speaker 5: is so twisty and windy, it's almost a non existent
9:25
Speaker 5: road for use.
9:25
Speaker 4: But we do.
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Speaker 5: Mentioned that some of the death cases on the Interstate.
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Speaker 5: Tom helped the family with one of those, a gentleman
9:34
Speaker 5: who was injured on the Department of Highways. We helped
9:38
Speaker 5: people with that. If you unfortunately, fatalities that happened on
9:42
Speaker 5: the Old thirty five, more of those than I'd care
9:47
Speaker 5: to even think about, people who were killed or badly injured.
9:50
Speaker 5: And if folks have a if you're a consumer, an
9:56
Speaker 5: ordinary person, and you feel like, you know, I think
10:00
Speaker 5: I've been done wrong here. Now it doesn't have to
10:02
Speaker 5: be an auto accident. We do a lot of those,
10:04
Speaker 5: and a really good job, or an industrial accident, or
10:07
Speaker 5: a workers' compensation issue. We're so security disability, all of
10:12
Speaker 5: which we do a lot of and do it quite well.
10:15
Speaker 4: Well.
10:16
Speaker 5: You know, people get hurt in other ways. They can
10:17
Speaker 5: have unlawful credit collection practices, They can have people intruding
10:23
Speaker 5: on their real estate. You know, there are times, not
10:26
Speaker 5: right now because the market's a little bit off, when
10:30
Speaker 5: there's someone owned some rural property stay down in Putnham
10:33
Speaker 5: County and you go out and find out, well, somebody's
10:35
Speaker 5: been out there cutting their timber. Well you ought not
10:37
Speaker 5: be doing that, and that's trouble damages if you do,
10:41
Speaker 5: then there was a time here o two or three
10:44
Speaker 5: four years ago, when the pipeline was going through Putnam County,
10:47
Speaker 5: there was a lot of work there and then there
10:48
Speaker 5: are a lot of litigation that resulted from who's going
10:53
Speaker 5: to pay for this and how much are they going
10:55
Speaker 5: to pay? And so any sort of a problem that
11:01
Speaker 5: you think you might have coming up from sort of
11:03
Speaker 5: the consumer side of the transaction. We I mean, banks
11:07
Speaker 5: are in necessity. Insurance companies are in necessity. They make
11:11
Speaker 5: commerce smooth, they take the bumps off. But they also
11:14
Speaker 5: have a purpose. Insurance companies are there liability. Insurance is
11:18
Speaker 5: there to protect the universe of people out here who
11:22
Speaker 5: transact business and work and conduct their lives every day
11:26
Speaker 5: from loss and to protect the individual who buys the
11:30
Speaker 5: insurance from ruin. They you buy insurance to protect yourself
11:34
Speaker 5: and your assets.
11:34
Speaker 4: And so.
11:36
Speaker 5: It's a business and insurance carriers have catteries of lawyers,
11:42
Speaker 5: law firms here in town that do almost all of
11:45
Speaker 5: their defense work in all these counties. They have home
11:47
Speaker 5: office people and underwriting people. The banks and the most
11:51
Speaker 5: industrial concerns have in house counsel to advise them. And
11:56
Speaker 5: so if you feel like you know, this is just
11:57
Speaker 5: not right, I don't like the way this is going
12:00
Speaker 5: on here. I mean, you can call us at the
12:03
Speaker 5: Peyton Law Firm and we talk to a lot of people.
12:05
Speaker 5: We talk to a lot of people. We talk to
12:07
Speaker 5: everybody who calls generally, unless you know, unless there's some
12:10
Speaker 5: other issue, or if you send an email through our
12:13
Speaker 5: website Peytonlawfirm dot com only I see it or Tom
12:17
Speaker 5: sees it, we can get back to it, talk you
12:20
Speaker 5: through it. Maybe it's something we can help you with,
12:22
Speaker 5: or maybe it's something you don't need a lawyer for.
12:24
Speaker 5: Maybe it's something that if you just get pointed in
12:26
Speaker 5: the right direction, you can get a reasonable outcome for yourself.
12:31
Speaker 5: We don't charge people for that kind of advice. You know,
12:33
Speaker 5: if we tell you, if we look talk to you,
12:35
Speaker 5: it sounds like, well you've got a case here, and
12:37
Speaker 5: you've got a case going to need a lawyer, Well
12:40
Speaker 5: we'd like you to then consider hiring us. I can't
12:42
Speaker 5: tell you, cannot tell anybody who to hire. I mean,
12:46
Speaker 5: you see a lot of really well done, commercially produced
12:49
Speaker 5: television ads, and there's no question that TV ads make
12:52
Speaker 5: the phone ring, or these smart people wouldn't be doing them.
12:55
Speaker 5: I mean, you wouldn't have people from Florida who fly
13:00
Speaker 5: around and multimillion dollar planes and have one or two
13:03
Speaker 5: lawyers on the payroll, and the small office in West
13:05
Speaker 5: Virginia running ads every day that overwhelm the this station.
13:11
Speaker 2: And literally it's like a phone booth office. I mean,
13:14
Speaker 2: if if you know what you're doing, you know it's
13:16
Speaker 2: like any.
13:18
Speaker 5: And has a disclaimer saying you know this will be handled.
13:22
Speaker 5: Your claim will be quote handled by West Virginia licensed attorney.
13:26
Speaker 5: The law attorney who made this ad is not license
13:29
Speaker 5: to West Virginia, although that's the guy who's face is
13:32
Speaker 5: on every ad. Right things told me I was a nobody,
13:35
Speaker 5: and I'm not. Well, you know, I don't know anybody
13:38
Speaker 5: that represents plainness like we do who doesn't have the
13:42
Speaker 5: best interest or the bigger heart for the underdog. It's
13:47
Speaker 5: not exclusive to people that just have money to run
13:50
Speaker 5: big ads on TV. I guess we could do it,
13:54
Speaker 5: but then we get more work than we could handle,
13:56
Speaker 5: and that wouldn't be fair to the clients. So I mean,
14:00
Speaker 5: if you're in that situation where you're thinking, well, it's
14:03
Speaker 5: just not going right, I call us. It's not gonna hurt.
14:07
Speaker 5: I mean it's not gonna cost anything to call and ask.
14:10
Speaker 5: And if we decide you, well, here's something we can
14:12
Speaker 5: help you with, and here's what we can do for you.
14:15
Speaker 5: You've always got somebody who can get out of the all.
14:17
Speaker 5: You can walk in our office in the front door
14:19
Speaker 5: any any any hour of the business day, and if
14:23
Speaker 5: I'm there or Tom's there and we have you know,
14:25
Speaker 5: aren't tied up as something else, we'll talk to you
14:27
Speaker 5: or the staff. We've got people who have been there.
14:29
Speaker 5: The lady at the front desk, Melody's been there thirty
14:32
Speaker 5: years next month. I've been there fifty years, which seems
14:37
Speaker 5: like a long time. So that's that's sort of my pitch.
14:42
Speaker 5: I mean, if you just give us some thought, give
14:46
Speaker 5: some thought to it, and it's geographically convenient, we really
14:51
Speaker 5: do a good job. You don't think you're gonna find Well,
14:54
Speaker 5: everybody's got complaints. Nobody can make everyone happy, and everybody
14:57
Speaker 5: has a bad day.
14:58
Speaker 4: I have bad days.
14:59
Speaker 5: Sometimes I'll pop off to somebody on the phone and
15:02
Speaker 5: feel miserable about it later. Sometimes called back if my
15:04
Speaker 5: kid say Hayless, I'm sorry, I had a bad day.
15:08
Speaker 5: You know, this week hasn't been real good for me
15:10
Speaker 5: because well were Tom. Tom had some teeth worked on
15:15
Speaker 5: on Tuesday by my friend college, your roommate, Byron Black,
15:20
Speaker 5: the oral surgeon. He's across the street here. I think
15:23
Speaker 5: he had an implant put in and he was sore.
15:25
Speaker 5: But Tom's younger brother, my youngest child, George Peyton and
15:31
Speaker 5: his wife Jamie and their son Holding. You know, they
15:34
Speaker 5: went to Marshall and like all my kids did. I mean,
15:38
Speaker 5: I'm the WV guy that made all this possible, That's
15:41
Speaker 5: what I tell them. But all my kids and all
15:43
Speaker 5: their spouses our Marshall grads. Although Tom went to law
15:46
Speaker 5: school at WU and Sarah I got her master's in
15:49
Speaker 5: social work.
15:50
Speaker 4: At WVU, but.
15:53
Speaker 5: George and Jamie they graduated from Marshall. Well, while he
15:55
Speaker 5: was going to school at Marshall, a good friend of mine,
15:58
Speaker 5: Mike Skenes, owned a little pause of the Hall of
16:01
Speaker 5: Fame Cafe and the well. I said, George, you've got
16:04
Speaker 5: to starting a little work here. You're laying around a
16:06
Speaker 5: bit too much. So Mike helped him get a job
16:11
Speaker 5: at the Hall of Fame Cafe washing dishes. And then
16:14
Speaker 5: you know he's industrious and smart, so well, next day
16:17
Speaker 5: he was making salads. Then he got up to be
16:19
Speaker 5: a sandwich work and he said, you know that I
16:21
Speaker 5: really like this. I don't think I want to be
16:24
Speaker 5: a history teacher. So he went down to Louisville a
16:27
Speaker 5: little place called Sullivan University, which is a for profit
16:31
Speaker 5: UH school in Louisville. Cater's primarily the government services. It
16:36
Speaker 5: trains people in accounting, bookkeeping, a government relations. But they
16:40
Speaker 5: have a sub set. They're quite well known for for baking,
16:44
Speaker 5: food service, really management. Yeah, I like the lady he
16:47
Speaker 5: owns Charleston Breads. Graduate of Sullivan Oka. And so he
16:51
Speaker 5: got out of the school and he went to work
16:54
Speaker 5: run in the kitchen at a restaurant in Louisville. And
16:59
Speaker 5: his brother, Casey, who lived down in He started at Marshall,
17:03
Speaker 5: but he finished at Western Carolina. He located near Ashville
17:08
Speaker 5: in Buncom County, So George, and by that time Holden
17:12
Speaker 5: was here, and Jamie and Holden they moved to and
17:15
Speaker 5: they bought a house. And here's a familiar name that
17:18
Speaker 5: no one knew until this week. Swanna noa North Carolina,
17:22
Speaker 5: which is described by the Washington Post this week as
17:25
Speaker 5: a quote working class enclave near Ashville, which is true.
17:30
Speaker 5: Swanna knowa North Carolina is to Ashville and Black Mountain.
17:34
Speaker 5: Two upscale trending communities would be the Nitro or clen Dennon.
17:40
Speaker 5: To those communities, that's where the people who work in
17:43
Speaker 5: those communities that make them special live. Then there's a
17:47
Speaker 5: brewery there, and there's a big angles grocery warehouse, and
17:50
Speaker 5: there's a plastic jug manufacturer.
17:53
Speaker 4: But most of those the.
17:54
Speaker 5: Gas station storage bands, grocery stores, green and small business.
18:01
Speaker 5: And so George in Casey, they threw all their money
18:06
Speaker 5: in here. Back in July, they bought out this guy
18:09
Speaker 5: who had a failed pizza parlor and they started Good
18:14
Speaker 5: Company Pizza just take out because they're getting their dining
18:17
Speaker 5: room ready to go. Well, they got nothing but five
18:19
Speaker 5: You can go online and look they had nothing but
18:21
Speaker 5: five star reviews. Best we've ever read. Well, I know
18:23
Speaker 5: it would be because George, it's a science with him.
18:26
Speaker 5: I mean, he has to get this flower that's hot
18:31
Speaker 5: flower ground in Italy and somehow you know these tomatoes
18:35
Speaker 5: that are from I mean the Cisco guy made a
18:37
Speaker 5: delivery poles.
18:38
Speaker 4: He said, all you're gonna have good pizza because this
18:40
Speaker 4: is the best stuff we sell for me.
18:41
Speaker 5: He said, well, they're going great guns. And last Thursday
18:44
Speaker 5: we were on the air and I said, Georgia, texaid, buddy,
18:51
Speaker 5: you think you better watch out down there. This hurricane's
18:54
Speaker 5: blowing in on the coast. You might get a little flooding.
18:56
Speaker 5: And said, oh Dad, we're on the high side of
18:59
Speaker 5: the river bank. They have to reach historical proportions to
19:02
Speaker 5: affect us. Well, couldn't get in touch with him, they
19:06
Speaker 5: can imagine. Couldn't reach them Friday, couldn't reach them Saturday.
19:11
Speaker 5: Finally Saturday evening we can make contact. I mean, you know,
19:14
Speaker 5: that's just bad. You got a kid down here. Oh
19:17
Speaker 5: and his house is a little bit up above the river.
19:21
Speaker 5: So but four hundred yards from his house, homes are
19:24
Speaker 5: just washed away. And they've been down there since. I mean,
19:29
Speaker 5: it's just incredible. I can talk, can't hardly get a
19:31
Speaker 5: phone conversation in because the cell towers. I mean, we'll
19:35
Speaker 5: be talking, he says, talk quick now, because I mean
19:37
Speaker 5: it just stops. It just stops to sell the signal
19:41
Speaker 5: just and you can't send a text because that takes
19:43
Speaker 5: up too much. Whatever it is, there's not enough, you know,
19:47
Speaker 5: with the bandwidth. I don't know what it is. Yeah, yeah, right,
19:50
Speaker 5: whatever it is on the tower, you can't do tax
19:52
Speaker 5: and the internet service is gone and.
19:55
Speaker 2: They might not even have five G. It could be
19:57
Speaker 2: like LTS or something. Me it's hard to tell what
20:00
Speaker 2: they have going on there. We talked a little bit
20:02
Speaker 2: before we went on the air, and the thing that
20:03
Speaker 2: I can't that I had the biggest emotional problem with
20:06
Speaker 2: with this story was, for whatever reason, I just started
20:09
Speaker 2: thinking about we've all had things that's happened in our
20:13
Speaker 2: lives that were momentous moments, maybe even just individually for us,
20:16
Speaker 2: or maybe there was something a huge event that happened
20:19
Speaker 2: for something. But I just can't get out of my head.
20:21
Speaker 2: The folks that woke up with completely I mean, your
20:23
Speaker 2: son woke up with a completely normal morning, maybe looking
20:26
Speaker 2: for a little more rain, maybe expecting their beauties some
20:28
Speaker 2: kind of problem, but had their coffee, did their normal thing,
20:31
Speaker 2: you know, expected tomorrow to be more of the same,
20:34
Speaker 2: and then the immediate future and it not days, weeks
20:38
Speaker 2: or months, but probably years completely changed. And man, and
20:43
Speaker 2: as far as your son goes, I've owned a business before.
20:45
Speaker 2: Your a business owner. I've owned a business before, and
20:47
Speaker 2: I know the heart and soul that you put into
20:48
Speaker 2: those things. I couldn't imagine being wiped away immediately, just
20:52
Speaker 2: everything you put into it.
20:53
Speaker 5: That's think about you know, White Solver Springs that clemmed
20:57
Speaker 5: in and exactly, and I wasn't. I mean I was
21:01
Speaker 5: in White Sauce for the week before the flood. Honestly,
21:05
Speaker 5: I purposely didn't go up to Clintdenna and all a
21:07
Speaker 5: lot of lawyers at volunteers and I just can't look
21:09
Speaker 5: at this. And now trying to get free. Maybe Saturday
21:14
Speaker 5: we're gonna drive down they finally opened if befoere they
21:16
Speaker 5: couldn't get out, I said, George, come home. Well, they
21:18
Speaker 5: couldn't get out, and they're in a town where you
21:20
Speaker 5: can't up.
21:21
Speaker 2: Now forty's gone, I mean one direction of it's completely gone.
21:23
Speaker 5: Well, LI forty west of Ashville at the Tennessee line
21:27
Speaker 5: and I twenty six going up to Johnson City at
21:29
Speaker 5: the Tennessee line are just gone.
21:31
Speaker 2: Incredible, gone gone.
21:32
Speaker 4: Yeah.
21:33
Speaker 5: The estimated restoration date is twenty twenty six.
21:36
Speaker 2: Unbelievable.
21:37
Speaker 4: Yeah.
21:37
Speaker 5: Now eastbound on Interstate forty to Statesville, which is the
21:43
Speaker 5: other way, when you can go down twenty three through
21:45
Speaker 5: Johnson City and Kingsport, that way and get to Ashville,
21:49
Speaker 5: where you can go east on forty to Statesville and
21:52
Speaker 5: up seventy seven. So finally Monday morning, I forty.
21:57
Speaker 4: Eastbound was open. George come home.
22:01
Speaker 5: Well, you know it's hard to say, well, I'm just
22:02
Speaker 5: gonna leave my house, I'm gonna leave everything here, and
22:07
Speaker 5: they don't want to do it, but the stress is
22:10
Speaker 5: starting to show you. They've been down there now for
22:14
Speaker 5: a week. Tomorrow. They have no water, they have no electricity,
22:21
Speaker 5: they can't drive anywhere except in the immediate area. George
22:25
Speaker 5: says he wakes up every nighttime. What wakes him up
22:28
Speaker 5: is that helicopters, both private and guard helicopters flying, you know,
22:35
Speaker 5: because that's the only way that you can get any
22:37
Speaker 5: real provisions in it. So they get up and they
22:39
Speaker 5: go down and stand in a parking lot at the
22:41
Speaker 5: church and wait until the truck comes up to see
22:44
Speaker 5: what's on the truck. Because you can't buy food without electricity,
22:49
Speaker 5: and they can't put any gasoline in his cars. They
22:51
Speaker 5: can't drive very far anyway. So you know, I'm trying
22:55
Speaker 5: to put together. There's really nice people, attractors supply. I
22:58
Speaker 5: went down there to buy the all the gasoline cans
23:02
Speaker 5: they had and water jugs, and they said, well you
23:04
Speaker 5: must be Thursday as well. You know, I got a
23:05
Speaker 5: boy downside. I can't get to this. Well, say they
23:08
Speaker 5: gave me a discount, which was nice. Sure, say we're
23:13
Speaker 5: gonna see what we can do Saturday. Head down and
23:19
Speaker 5: said George. I finally got him to compromise. How about
23:24
Speaker 5: you come out forty to like Statesville, and we'll come
23:27
Speaker 5: down seventy seven and we'll just switch you. You either
23:31
Speaker 5: switch cars or we can just unload this. So it's
23:35
Speaker 5: batteries and handy wipes and water and gasoline. Of course,
23:40
Speaker 5: the water's not that big of a problem because they get
23:43
Speaker 5: bottled water and they can get bulk water from a
23:45
Speaker 5: spring by their house to use heat it up. Now
23:49
Speaker 5: they got it like they've got a portable generator. They
23:51
Speaker 5: can heat that. It's just gram he says, bad. And
23:54
Speaker 5: there are seventy plus people now that I'm dead in
23:57
Speaker 5: Buncom County. My grandson's having a hard time. He's got
24:01
Speaker 5: like three classmates who are just gone gone, I mean
24:05
Speaker 5: not unaccounted for because of cell phone service. They're gone
24:09
Speaker 5: verifiably but not recovered. And that's heart geez. So you know,
24:15
Speaker 5: you worry about things like post traumatic stress disorder. My
24:18
Speaker 5: daughter Sarah works for the VA. He's a counselor. She
24:21
Speaker 5: was a hospice counselor and she worked with the homeless
24:23
Speaker 5: and now she's a clinician. And said, you know, that's
24:25
Speaker 5: what you got to watch because I mean, people can
24:28
Speaker 5: get PTSD, which is real. And anybody who thinks it's
24:32
Speaker 5: not it's not a headache.
24:35
Speaker 2: Right right, or somebody that's weak of spirit or whatever. Yeah, yeah,
24:40
Speaker 2: that's I hate when that. It's just the human element
24:45
Speaker 2: of it is so startling, and it's so sobering to
24:48
Speaker 2: think about exactly what everybody is going to have to
24:50
Speaker 2: go through. And I hate to put it in this terms,
24:54
Speaker 2: but I've seen clean up in areas before where there
24:57
Speaker 2: is catastrophe. But the areas that I've seen personally where
25:00
Speaker 2: I've been on the ground, and it's always been areas
25:02
Speaker 2: that were fairly like vacation areas, a lot of money
25:05
Speaker 2: invested things along those lines. It's a little different when
25:08
Speaker 2: you come in when you're talking about, you know, a modest,
25:11
Speaker 2: working class community, Well, yeah it is.
25:13
Speaker 5: And you know, the thing you always think about is
25:16
Speaker 5: post Obviously some of the land that was in Swannanoa,
25:21
Speaker 5: which has been occupied by middle class, modern income, quite
25:27
Speaker 5: valuable and now it's vacant. Is it going to be
25:30
Speaker 5: snatched up post disaster by the folks with the cash
25:33
Speaker 5: and people be dispossessed.
25:35
Speaker 4: We've got to take a break.
25:35
Speaker 2: Yeah, let's go and do that. Let's take a break.
25:37
Speaker 2: You're welcome to call in this morning. I know we've
25:38
Speaker 2: been talking about Harvey's been talking about what's been going
25:41
Speaker 2: on south of us here, and of course if you
25:43
Speaker 2: want to make any comment on that, you're welcome to.
25:44
Speaker 2: But also, of course, if you have any question about
25:46
Speaker 2: the law, how you can have the law work for
25:47
Speaker 2: you and put the power of Payton on your side.
25:49
Speaker 2: Threes are a four three four five fifty fifty eight.
25:51
Speaker 2: Threes are a four three four five fifty fifty eight.
25:53
Speaker 2: More information online Payton Law Firm dot com. Payton Lawfirm
25:55
Speaker 2: dot com. That's p E. Y T in Payton Lawfirm
25:57
Speaker 2: dot com. We're going to take a break. We'll be
25:59
Speaker 2: backward after this. You're listening to Ask the Lawyer with
26:01
Speaker 2: Harvey Payton on WCSHCHST the Voice of Charleston.
26:04
Speaker 6: If you've been injured, in a car accident, The Peyton
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Speaker 2: You're listening to five aw s hs the voice of Charleston.
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Speaker 2: Harvey Payton is here this morning. Three zero four three
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Speaker 4: Six fifty six.
28:00
Speaker 5: You know, it looks like we're going to escape the
28:03
Speaker 5: special Session of the Legislature without the people being hurt
28:07
Speaker 5: too much. I always say, you know, when the legislatures
28:09
Speaker 5: in town, you know, guard bock up the dog your
28:13
Speaker 5: life and property and maybe at some degree of risk.
28:18
Speaker 5: But I think with the sort of the split government
28:20
Speaker 5: we've got, now, you've got the supermajority of Republicans in
28:23
Speaker 5: the legislature, and you've got and I'm not sure other
28:26
Speaker 5: than his registration, what governor justice is. They all seem
28:29
Speaker 5: to get along, do they. It's a bizarre relationship. It's bizarre,
28:33
Speaker 5: and I think, I mean, it's one of those things
28:36
Speaker 5: that as a lawyer you look at that and how
28:40
Speaker 5: do you expect to get anything.
28:42
Speaker 4: Done if you don't go try?
28:44
Speaker 5: And I mean a large part of what we do
28:49
Speaker 5: is risk avoidance and risk reduction for your clients, and
28:53
Speaker 5: that involves let's let's get with the other side, Let's
28:56
Speaker 5: find out what the facts are, let's see what realistically
28:58
Speaker 5: is possible here and get something worked out. But I
29:03
Speaker 5: really couldn't believe it when I saw that there was
29:06
Speaker 5: this call for a special session that went out on
29:09
Speaker 5: like a Sunday to convene the legislature on Monday. I
29:13
Speaker 5: understand that one gentleman from Marion County got in his
29:16
Speaker 5: car to drive down here and he got delayed in
29:19
Speaker 5: traffic on I seventy nine by the time he got
29:21
Speaker 5: the Capitol and they were adjourneying until next week.
29:24
Speaker 2: It's incredible. I'm surprised it's not done via zoom, to
29:26
Speaker 2: be honest with you, Like the press conferences, Well, that's.
29:30
Speaker 5: Going to change in DC. That's certainly going to change it.
29:33
Speaker 5: One thing, it's almost time for some answers to be
29:36
Speaker 5: filed in the matter of my clients versus the Capitol
29:42
Speaker 5: Building Commission and it's chairman regarding the unauthorized work that
29:48
Speaker 5: was done in the rotunda. I think some people might
29:53
Speaker 5: be surprised. You know, you see the mural up there
29:57
Speaker 5: to the lunette that has this sort of void on
30:01
Speaker 5: the lower right side, and that's where the dog was inserted,
30:06
Speaker 5: and I think the public might be surprised when they
30:08
Speaker 5: get a look at it.
30:09
Speaker 4: I've seen it.
30:11
Speaker 5: The proposal from the Canning company which did the murals
30:17
Speaker 5: for that lunette as it was proposed, which did not
30:21
Speaker 5: have any void there. It had several dancing couples and
30:25
Speaker 5: dancing children filling that void. Now somebody, I mean people said, oh,
30:30
Speaker 5: why are you involved as well. Somebody changed that and
30:35
Speaker 5: that space was left there for some reason, and now
30:39
Speaker 5: we're going to find out who did and.
30:40
Speaker 4: Why they did it.
30:42
Speaker 5: And I personally think, I mean, I've kind of out
30:45
Speaker 5: on the ouse with Hoppy. I was listening to him
30:47
Speaker 5: and Brad it's almost a little jocular about it's not
30:50
Speaker 5: about baby dog. We'll find out. I don't want to
30:53
Speaker 5: say too much about it because it's the case in court,
30:55
Speaker 5: but I got to look the other day at the
30:57
Speaker 5: proposal that was sent.
31:00
Speaker 4: I don't think it.
31:01
Speaker 5: Lay a minute, Wait, these figures aren't This is a
31:04
Speaker 5: really good composition. This is done by a highly qualified
31:08
Speaker 5: artist and interior public art. Let me just let me
31:13
Speaker 5: compare this. Oh I wonder how that got changed. Well,
31:17
Speaker 5: it got changed somehow.
31:19
Speaker 2: I could overlay just a little bit here because I
31:20
Speaker 2: know you can't talk that much about it, but in concept,
31:23
Speaker 2: the thing about it, people make it too much about
31:25
Speaker 2: baby dogs specifically, And to me, there's this axiom about
31:31
Speaker 2: if you come to believe something without good reason, it
31:34
Speaker 2: makes you more susceptible to believe things without good reason
31:36
Speaker 2: down the line, you know, it opens you up to
31:38
Speaker 2: having unreasonable thoughts. In the same vein with this, it's
31:43
Speaker 2: not so much about baby dog, it's the process that
31:45
Speaker 2: led to all of this cooking dagger. It seems like
31:49
Speaker 2: that's my words in the functioning of government. If it's
31:54
Speaker 2: done for a mural that has a dog involved, what
31:58
Speaker 2: else is being done in similar fashion? Well, as a citizen,
32:02
Speaker 2: that's my question, that's what my curiosity is.
32:05
Speaker 5: Well, I've been asked by any number of people, log, well,
32:10
Speaker 5: here's my answer, and this has nothing. I'm not going
32:15
Speaker 5: to comment on the relative merits or lack of merits
32:18
Speaker 5: of anybody's claim or defense. We put up with crime roads,
32:24
Speaker 5: we got gambling parlor show down our throat because we
32:26
Speaker 5: had a legislature that wouldn't properly tax the people. We've
32:31
Speaker 5: got a system of education that's falling apart. Our teacher
32:34
Speaker 5: salaries are last in the country. Are performance by We're
32:37
Speaker 5: first and obese first in heart disease. We have public
32:41
Speaker 5: Our public health system is in a shambles. We've got
32:44
Speaker 5: six thousand kids we can't find in foster care. We
32:48
Speaker 5: don't know what's happening there. We've got a homeschool system
32:50
Speaker 5: that promotes things like happened in Boone County and maybe
32:54
Speaker 5: what's happened here in Kanawa County. Can we not just
32:57
Speaker 5: have a nice picture well done without two bit ten
33:01
Speaker 5: horned politician flunky sticking the governor's dog in there because
33:07
Speaker 5: you think it's a good idea for them. Can we
33:09
Speaker 5: not just have something, uh that's not mediocre and not
33:14
Speaker 5: motivated by some small time self interested politicians.
33:17
Speaker 2: A little sick of ay?
33:18
Speaker 4: Honestly, yeah, I mean sycop syncopancy. Why else?
33:24
Speaker 5: Uh, you know, just well, we'll see, we'll see what happens.
33:27
Speaker 5: But uh, I'll keep you posted this evening. There's going
33:31
Speaker 5: to be a great event, I hope with the Marine
33:35
Speaker 5: Corps band the President's Owned named the President's Owned by
33:38
Speaker 5: the way by Thomas Jefferson. This is one of the
33:41
Speaker 5: oldest publicly performing military bands in the world. Now there
33:45
Speaker 5: are others in Britain and in France that are older,
33:47
Speaker 5: but continuously and the only tour every ten years. I
33:52
Speaker 5: saw him in nineteen sixty fourth by Dad. It's a
33:54
Speaker 5: municipal auditorium. It's a gorgeous show. Just to start with that.
33:58
Speaker 5: He's really great Red jackets and these are all professional
34:02
Speaker 5: they're members of the Marine corpste They are the best
34:05
Speaker 5: of the best professional orchestra band brass band type musicians
34:14
Speaker 5: in the world. They're going to be at Herbert who
34:16
Speaker 5: were high school this evening. Doors open at six forty five,
34:20
Speaker 5: show starts at seven thirty. It's open seating now. The
34:24
Speaker 5: admission is free. But one thing that the public really
34:27
Speaker 5: needs to know. The admission is free, but it's been
34:30
Speaker 5: open online for the last several weeks. You can go
34:33
Speaker 5: online and get a ticket which has a code on
34:36
Speaker 5: it so that they can control the admission. So if
34:41
Speaker 5: you don't have a ticket, you'll have to wait until
34:45
Speaker 5: seven fifteen. And at seven fifteen then well, admission by
34:51
Speaker 5: ticket only is suspended, and whoever is in line, if
34:54
Speaker 5: there are still seats available, we'll be allowed to go in.
34:57
Speaker 5: You'll get whatever seats are left over and then they'll
34:59
Speaker 5: show it off. I've heard a couple of announcements and
35:02
Speaker 5: I mentioned free admission, but it is free admission, but
35:05
Speaker 5: with a ticket. I was lucky enough to get my
35:09
Speaker 5: youngest granddaughter, Liliet Roberts. She plays in the band at
35:12
Speaker 5: Saint albans. I spent last week in the rain at
35:15
Speaker 5: the band festival playly Field, and of course she's really
35:19
Speaker 5: excited I got her bomb, so let's go see the
35:20
Speaker 5: Marine Corps band.
35:21
Speaker 4: It's great, you're looking at the screen.
35:26
Speaker 2: I thought maybe, oh, I'm sorry. I was just checking
35:28
Speaker 2: making sure the time wasn't going to run out, and
35:29
Speaker 2: so it was making sure we got about a minute
35:31
Speaker 2: left before we have to start wrapping things up.
35:32
Speaker 5: We've got about a minute and a half or two
35:34
Speaker 5: and a half minutes before we're finished. So let me
35:37
Speaker 5: let me again bounce back to the Peyton Law Firm.
35:40
Speaker 5: I think if you've heard the show here today, you
35:42
Speaker 5: know that our connections to this community run really deep.
35:49
Speaker 5: I'm a w grad, a Saint Alban's High School graduate.
35:52
Speaker 5: Thom's the Saint Albans High grad guy.
35:54
Speaker 4: I've been in.
35:54
Speaker 5: Nitro for forty eight years practicing law. Time's been there
35:58
Speaker 5: with me for twenty three years. All the kids are
36:01
Speaker 5: Marshall grads. Their spouses are Marshall grads. Although Tom got
36:07
Speaker 5: his law agree at WU and Sarah got her master's.
36:10
Speaker 5: We the people that work for us all live here.
36:14
Speaker 5: Got one lady who lives in Buffalo. She's been with
36:17
Speaker 5: us for thirty plus years when Ambers and Saint Albans.
36:21
Speaker 5: Her husband works at Toyota right Pam was here in Charleston,
36:26
Speaker 5: been here all her life. My wife's from PoCA. A
36:31
Speaker 5: Dot was actually a cheerleader of PoCA High School, which
36:35
Speaker 5: I remind you of sometimes my churis grads like shut up,
36:39
Speaker 5: don't talk about so. I mean, if you want someone
36:42
Speaker 5: that you can talk to, that you can relate to,
36:44
Speaker 5: that knows how the system works here, who knows how
36:48
Speaker 5: the judges think and how you can talk to the
36:50
Speaker 5: people at the courthouse or and businesses or banks, give
36:54
Speaker 5: us a just give us a try. I know, I mean,
36:56
Speaker 5: I know it's easy to see a number or something
36:59
Speaker 5: on television, but you really ought to put a little
37:02
Speaker 5: more thought into it than that.
37:03
Speaker 4: If you're talking about making a decision that.
37:05
Speaker 5: Might change your life forever, and you might want to
37:09
Speaker 5: think about going to a law firm who can handle
37:11
Speaker 5: more than just a car wreck. So if you get
37:14
Speaker 5: some money and you ask what can I do with it,
37:15
Speaker 5: they say, well, I can't tell you anything about that.
37:17
Speaker 4: I don't do that work. You know, you can come to.
37:20
Speaker 5: Us and we can try and help you, and we will,
37:22
Speaker 5: or come by and see us. At twenty eight oh
37:24
Speaker 5: one First Avenue in nitri Light is having a big
37:27
Speaker 5: city wide yard sale this weekend and come on down than.
37:32
Speaker 2: Peyton Law Firm, Patonlawfirm, dot com and Nightro West Virginia
37:35
Speaker 2: seven five five fifty five forty six seven five five
37:37
Speaker 2: fifty five forty six. Tune end next week next Thursday
37:39
Speaker 2: for more. Put the power of Peyton on your side
37:41
Speaker 2: and ask the lawyer. Have a great day everyone on
37:43
Speaker 2: five e WHS