Latest / WCHS Network Podcasts / 06/12/2025 Ask the Lawyer with Tom Peyton

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06/12/2025 Ask the Lawyer with Tom Peyton · WCHS Network Podcasts

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  Speaker 1: Unlock your dream property with Mex Realty Group, where Rich
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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
• 0:22
  Speaker 2: it's employees or WVRC Media.
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  Speaker 3: Put the power of maybe on the side. We have
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  Speaker 3: a court room experience of such a need.
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  Speaker 4: We never give up.
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  Speaker 3: We're prepared to fight for your rights.
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  Speaker 5: When you need action, count on us.
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  Speaker 3: Put the power of Payton on your side, the power.
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  Speaker 6: Of pagon and if very plea was a good morning
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  Speaker 6: to you, you could put the power of patent on your side.
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  Speaker 5: This morning.
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  Speaker 6: Give us a call at three zero four three four
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  Speaker 6: five fifty eight three four five fifty fifty eight. Tom
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  Speaker 6: Payton is a studio with us this morning to talk
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  Speaker 6: about the Peyton Law Firm in micro West Virginia.
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  Speaker 5: Tom, good morning, how you doing this morning?
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  Speaker 4: I'm doing great deal.
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  Speaker 5: How are you doing?
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  Speaker 7: Not too bad?
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  Speaker 6: Not too bad at all. We finally have that uh
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  Speaker 6: the breaking weather. It feels like it's uh, we're in
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  Speaker 6: the summer area finally.
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  Speaker 4: Yeah, we're getting there. Just kind of the polar opposite
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  Speaker 4: of last year when we had the drought, which, yeah,
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  Speaker 4: there was some benefits to the drought. You didn't have
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  Speaker 4: to know your grass as, didn't really have to worry
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  Speaker 4: about what the rain was going to affect your outdoor activities.
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  Speaker 4: Now we got raining almost every single day, at least
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  Speaker 4: in Taye Valley. It's spotty. Uh really good for your garden,
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  Speaker 4: I got it.
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  Speaker 5: Yeah.
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  Speaker 4: True, I have a little garden just tomatoes and cucumbers,
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  Speaker 4: but it's growing like wildfire right now with all this
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  Speaker 4: rain and sun.
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  Speaker 6: So seeing the less yellow jackets in my yard. So
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  Speaker 6: that's been nice that we did have that problem last year.
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  Speaker 4: They come out of the ground, I guess, and the
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  Speaker 4: dryness I don't know, start looking for water, moisture or what.
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  Speaker 4: But yeah, they were a problem last year. But everything's
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  Speaker 4: going smooth. At the Payton Law Firm, we be forewarned.
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  Speaker 4: I know you got it on the traffic report. They've
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  Speaker 4: got one lane shut down. They're doing some bridge repair
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  Speaker 4: coming in near institute, so you can get through it
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  Speaker 4: just goes down to two lanes, but expect that's why
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  Speaker 4: I was coming a little hot this morning fifteen minutes
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  Speaker 4: and standstill traffic there at the Institute area.
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  Speaker 6: But it's really pretty incredible that you could take that
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  Speaker 6: section between like the mcorworl Avenue exit and South Charleston
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  Speaker 6: and go up to you know, Nitro exit somewhere out
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  Speaker 6: through there.
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  Speaker 5: That area is just under constant assault.
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  Speaker 6: I mean just the constant, constant barrels, constant, the redos.
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  Speaker 5: It's just on and on and on.
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  Speaker 4: It is a lot better now the days driving to
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  Speaker 4: the radio in the morning and wondering what would I
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  Speaker 4: see or running to today at the Dunbar Bridge where
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  Speaker 4: it crosses the river there ever before you get to
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  Speaker 4: Jefferson Road exit and it was just a nightmare. And now,
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  Speaker 4: of course we have the six lanes with a really
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  Speaker 4: good on and off ramp design at the Nitro area,
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  Speaker 4: so that makes it more convenient. We've got, unfortunately, and
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  Speaker 4: I think Amanda Baron has done a little reporting on this,
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  Speaker 4: we have this. You know, this bridge was just completed
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  Speaker 4: like last was the last last year, sometime maybe the
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  Speaker 4: year before. It's new, but it's got this massive dip
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  Speaker 4: where the bridge joins to back to the regular roadbed
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  Speaker 4: on I sixty four, I think, mostly heading east, but
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  Speaker 4: now they have I see big yellow sounds that say
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  Speaker 4: dip on them, pointing down. So I don't know what
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  Speaker 4: you're supposed to do about that. If you're a lot
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  Speaker 4: of people are breaking, I guess, but we had. It's
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  Speaker 4: just I'm sure they're working on it. I've heard anecdotal
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  Speaker 4: information that they're going to repair it, but brand new construction.
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  Speaker 4: And when you go from the bridge back to the
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  Speaker 4: solid road bed, you right a large dip. We had
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  Speaker 4: a problem with the other day. Actually, the interstate was
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  Speaker 4: shut down for a minute because I think there was
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  Speaker 4: a truck I don't know if it was a pickup
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  Speaker 4: truck or a probably some type of dunk truck hauling
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  Speaker 4: asphalt of some sort and hit the dip. Boom load
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  Speaker 4: pops out all over the interstate and there's there, you know,
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  Speaker 4: I would assume, And we've talked about bonding a little
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  Speaker 4: bit with construction companies before. We all public jobs have
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  Speaker 4: to be bonded, which is essentially a insurance that the
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  Speaker 4: job will be completed correctly. So I would think certainly
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  Speaker 4: that's not the standard. Hopefully they've got you know, another
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  Speaker 4: Governor Morrisey was talking about doh spending and priorities this
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  Speaker 4: past week, and hopefully the company is coming back in
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  Speaker 4: it did that construction to do some repairs on it,
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  Speaker 4: because it's entirely unacceptable, and if it was your driveway,
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  Speaker 4: you just be on them constantly because it's not something
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  Speaker 4: that's acceptable. I haven't heard of any really bad recks
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  Speaker 4: in that area because of the dip yet, and hopefully
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  Speaker 4: knock on wood, we don't have any, but certainly some
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  Speaker 4: undercarriages have been damaged for vehicles, and then we had
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  Speaker 4: this big spill there the other day where the load
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  Speaker 4: popped out of the back of the pickup truck.
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  Speaker 6: But yeah, the thing that really it's weird because this
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  Speaker 6: is a memory that I have from it must be
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  Speaker 6: there near over thirty years in the thirty years old
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  Speaker 6: memory that I have now. But I remember the first
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  Speaker 6: time I started driving around the rest of the country,
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  Speaker 6: you know, when I was not just driving in West Virginia,
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  Speaker 6: but when I was you know, sixteen seventeen years old.
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  Speaker 6: I had friends that are older than me that went
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  Speaker 6: in college out of state, and I would drive to
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  Speaker 6: see them and went on to minor league baseball tours
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  Speaker 6: and so gradually expanded out. Eventually I drove around the
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  Speaker 6: country twice, but expanded out. And what I discovered when
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  Speaker 6: I was a kid was that when you were in
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  Speaker 6: West Virginia and you saw a sign that said dip, brother,
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  Speaker 6: you better hold on because you're getting ready to go
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  Speaker 6: through a dip. That's going to be something of significance
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  Speaker 6: that you're getting ready to hit. When you're in Ohio
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  Speaker 6: and you see a sign that says dip, that's not
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  Speaker 6: necessarily true. And so if you're from out of state
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  Speaker 6: and you see a sign that says dip, you don't
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  Speaker 6: really know what scale of dip you're going to be hitting,
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  Speaker 6: because depending on where you're from, that can mean something
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  Speaker 6: completely different.
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  Speaker 4: Yeah, this is not a very effective warning either. A
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  Speaker 4: dip sign right, that's on the bridge. So you actually
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  Speaker 4: go through the first joint where there's a dip, then
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  Speaker 4: you see the sign pointing down and that's where the
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  Speaker 4: when you come off the bridge, there's a little bigger dip,
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  Speaker 4: and so it's not a very good good warning. Hopefully
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  Speaker 4: they'll get it. They've been talking about getting it fixed.
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  Speaker 4: Hopefully it's not a big shut down for any length
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  Speaker 4: of time because it is really nice working in Nitro
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  Speaker 4: and having to deal with that entrance an exit ramp
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  Speaker 4: sat almost Nier area. The last year has been really
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  Speaker 4: nice since they've had it done. The design's good. He's
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  Speaker 4: got some construction problems there, so hopefully they get that
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  Speaker 4: get that improved. We'll see. I know that Patrick Morris.
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  Speaker 4: Governor Morsey had a press conference with this week or
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  Speaker 4: last week about prioritize. Of course, we put a lot
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  Speaker 4: of money into the roads, there's no doubt about that
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  Speaker 4: during the Justice administration. I think most of it was
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  Speaker 4: funded with the sale of bonds, so puts US in debt.
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  Speaker 4: But Governor Morrisey was kind of talking about switching priorities
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  Speaker 4: from new roads to making sure we have our current
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  Speaker 4: roads in better shape and don't hear as many complaints
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  Speaker 4: this time of year because they've asphalt plants are running,
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  Speaker 4: most of the pothole repair has been been done. But uh,
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  Speaker 4: I tend to agree with him. Of course, place we
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  Speaker 4: got the Nitro interchange was repaired because of that money,
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  Speaker 4: which is great. I like I like that, but we'll
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  Speaker 4: see where he puts his priorities. I have I kind
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  Speaker 4: of dovetails into another story Brad Michael hen Hey did
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  Speaker 4: yesterday or this morning. I heard them the titled unrest
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  Speaker 4: with the Western University Board of Governors. Yeah, so the
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  Speaker 4: Board of Governors are appointed by the governor of the state.
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  Speaker 4: This is the Western University Board of Governors, and and
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  Speaker 4: you know, staggered terms I think for the different board
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  Speaker 4: of governors meet members and so they have some that
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  Speaker 4: are coming up for that could be voted to be
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  Speaker 4: renewed or a new person can be replace them, I assume,
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  Speaker 4: and they're having a meeting tomorrow. So Brad did a
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  Speaker 4: little story on some unrest with the Board of Governors
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  Speaker 4: about maybe whose terms are ending and who will stay
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  Speaker 4: and might have been I read some kind of what
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  Speaker 4: I'll call scuttle butt about it, but maybe some disagreement
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  Speaker 4: on the board about who the new president should be
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  Speaker 4: after Gordon Gee's gone, which is imminent now at this point.
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  Speaker 4: But I noticed in Brad's story he interviewed Brake Harry,
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  Speaker 4: who's still a member of the Western University Board of Governors.
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  Speaker 4: And because credit, I think Bray talked to Brad and
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  Speaker 4: gave a statement on some things. And then I decided
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  Speaker 4: to point out that we Brad, you need to make
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  Speaker 4: sure you disclosed that you worked for Westernior Radio cour
• 8:39
  Speaker 4: or w VRC Media because you probably remember because you've
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  Speaker 4: been here for a long time. But you know, used
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  Speaker 4: to be this radio corporation broadcast to all the Mountaineer games.
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  Speaker 4: Oh yes, yeah, I liked it because some of our
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  Speaker 4: commercials got played on there, and and it's a good
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  Speaker 4: frequency and easy to get no matter where you are,
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  Speaker 4: and had really good, good coverage.
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  Speaker 6: But and we took pride on it and made sure
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  Speaker 6: we oughted on and that you know, to put a
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  Speaker 6: lot of programming around it. You know.
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  Speaker 5: Yeah, it was good.
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  Speaker 4: It was a good thing, and it's locally based and
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  Speaker 4: it's locally based. So but times change, and so uh
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  Speaker 4: what was it ten fifteen years ago? Maybe maybe ten
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  Speaker 4: years ago, but you know, needing to gain money, I
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  Speaker 4: think W essentially or their athletic arm kind of bid
• 9:25
  Speaker 4: out the broadcast rights and IMG Sports got it, which
• 9:31
  Speaker 4: is a think national or maybe internationally based kind of
• 9:35
  Speaker 4: sports marketing firm, is what I would call it. And
• 9:38
  Speaker 4: then they probably just resold some of the broadcast rights
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  Speaker 4: on down the line. But there was a dispute about
• 9:44
  Speaker 4: it Westernior Radio Corporation. I think fout a lawsuit. There
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  Speaker 4: was litigation, yeah, and about it, and I think I'm
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  Speaker 4: not sure I saw details, maybe a siddle somewhere down
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  Speaker 4: the line. But because of that controversy probably a decade
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  Speaker 4: or more run the decade it was. Yeah, So then
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  Speaker 4: break Arey decides to tell Brad Mackley because of that,
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  Speaker 4: he needs to make sure he lets everybody know and
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  Speaker 4: his report that implying bias because Brad works for what
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  Speaker 4: is essentially Western Radio Corporation under a new name. Now,
• 10:19
  Speaker 4: of course I've read one hundred stories of Brad macliny
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  Speaker 4: and other reporters for this company, and if there's some
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  Speaker 4: even appearance of conflict, it's always noted that this is
• 10:30
  Speaker 4: on behalf of WVRC Media, and there's a little blip
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  Speaker 4: maybe on why sure, there could be it needs to
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  Speaker 4: be disclosed that there's some prior relationship or something like that.
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  Speaker 4: So I thought it was rather odd because Brad always
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  Speaker 4: is I think, pretty careful about about doing that. But
• 10:50
  Speaker 4: and then of course break here he got on the
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  Speaker 4: board of Governors, and you might remember it's twenty seventeen
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  Speaker 4: to twenty twenty one. He was had some role with
• 11:01
  Speaker 4: the Governor's office Governor Justice as like senior advisor or something.
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  Speaker 4: I don't remember well if he was even put on
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  Speaker 4: the payroll it was. It might have been a technicality
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  Speaker 4: where he got almost like a minimum wage type salary
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  Speaker 4: or something that may not be accurate. But I remember
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  Speaker 4: a little bit of controversy about the position because it
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  Speaker 4: didn't exist before he put break.
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  Speaker 5: Here on there.
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  Speaker 4: But since we're talking about conflicts of interest in it,
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  Speaker 4: and it's a case that hasn't got really any media coverage,
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  Speaker 4: probably because it doesn't involve a lot of money. But
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  Speaker 4: I represent three households that owned property and half for
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  Speaker 4: decades down in the town of Buffalo. And in Brad's
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  Speaker 4: story this morning, he references a Vandelia LLC company that
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  Speaker 4: had some connection at least at one time anecdotally, I've
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  Speaker 4: received information I don't think it does anymore, but had
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  Speaker 4: connections to Roger Henshaw as an officer. He may be
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  Speaker 4: still listed on the Secretary State's website, but I don't
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  Speaker 4: think he has anything to do with that up anymore.
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  Speaker 4: But in any event, during the Justice administration within the
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  Speaker 4: last year and a half two years and back up
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  Speaker 4: before that van Delia this company, and there's multiple Vendelia
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  Speaker 4: companies that you don't know what their relationship is. They
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  Speaker 4: obviously have some overlap because they have same or similar
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  Speaker 4: officers and they've transferred some land one way or another.
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  Speaker 4: But they bought run a large tract of land down
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  Speaker 4: there in Buffalo, and it's essentially from most of it
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  Speaker 4: was from the power company Franklin Real Estate, it's the
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  Speaker 4: landholding company for Apple each and Power American Electric Power.
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  Speaker 4: And within that deed, you know, in essence, they sold
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  Speaker 4: them a big tract of land that, other than a
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  Speaker 4: small area off a more rural road, didn't connect to
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  Speaker 4: the public road about sixty two that goes through Buffalo there.
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  Speaker 4: So within that deed, the power company granted because it
• 13:03
  Speaker 4: retains some of the land between Vandalias and the public road,
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  Speaker 4: the right of vanda may even have required the power
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  Speaker 4: company to help construct a right away for at least
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  Speaker 4: forty feet in width. As I recall, so that you know,
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  Speaker 4: it'd be like you buy a property for me, I
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  Speaker 4: subdivided off sell you what i'll call the back piece,
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  Speaker 4: but I grant you the right to have a road
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  Speaker 4: to my property to make sure you have access to
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  Speaker 4: the public road, and it's wide, it's plenty wide, and
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  Speaker 4: it might even put an obligational on me to help
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  Speaker 4: you construct that road so you can get to your property.
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  Speaker 4: So it looks good. They're going to apparently some kind
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  Speaker 4: of investment company. Then my clients who live just down
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  Speaker 4: the road on the rural road that just connects to
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  Speaker 4: a little bit of this property is approached by DOH
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  Speaker 4: and all of a sudden they've got stakes in their
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  Speaker 4: front yard. So what happened in that process? Department of
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  Speaker 4: Highways decided, I guess, to help this company, which has
• 14:03
  Speaker 4: various governmental connections at least folks high end in the
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  Speaker 4: government are involved, to take portions of my client's front yards,
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  Speaker 4: significant portions. It'll move a public road much closer to
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  Speaker 4: what would be like your living room window, which.
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  Speaker 5: That's right.
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  Speaker 4: And it's an entrance off the main road, so there's
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  Speaker 4: no I haven't seen traffic studies. They might be out there.
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  Speaker 4: I don't know that there are. But in essence, what
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  Speaker 4: the d H decided to do was expand an entrance
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  Speaker 4: to this rural road, make it wider, which I presume
• 14:40
  Speaker 4: is for big trucks to come in and out to
• 14:45
  Speaker 4: this Vandalia company's property. I think it's got a greenhouse
• 14:48
  Speaker 4: or something on it now and my client's objected to that.
• 14:53
  Speaker 4: And and the connection though, circling back when I started
• 14:57
  Speaker 4: researching what's been going on with this property, the Carry
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  Speaker 4: Foundation had loaned Vandelia LLC, which had Speaker Henshaw as
• 15:09
  Speaker 4: an officer and other I would say politically connected people.
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  Speaker 4: I think it was like four million dollars. And it
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  Speaker 4: was odd because it was loan the deed of trust
• 15:23
  Speaker 4: the mortgage on that property for that loan from the
• 15:25
  Speaker 4: Carry Foundation, which is break Harry, which is who we
• 15:28
  Speaker 4: were just referencing, who was at the time that loan
• 15:32
  Speaker 4: was made, quote senior advisor to Governor Justice. And now all
• 15:38
  Speaker 4: of a sudden, that company is the way I see
• 15:40
  Speaker 4: it there in essence getting their road built on the
• 15:44
  Speaker 4: taxpayer's back because they've got to pay our pay for
• 15:47
  Speaker 4: our land, my client's land, which they don't want to
• 15:50
  Speaker 4: have taken, so they're fighting it. They paying an outside
• 15:52
  Speaker 4: law firm, and then they're going to do all this
• 15:53
  Speaker 4: construction to help this one politically connected company, Vandelia LLC
• 16:02
  Speaker 4: or whatever it's called. There's other Vendelia companies, but I
• 16:07
  Speaker 4: thought that was interesting because if you remember what I
• 16:09
  Speaker 4: said earlier, they that company, like any other company, had
• 16:13
  Speaker 4: already negotiated a right away industrial right away they could
• 16:19
  Speaker 4: construct right to the public way, which has never happened
• 16:22
  Speaker 4: now some seven eight years later. But instead the Department
• 16:28
  Speaker 4: of Highways is going to expand this rural road just
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  Speaker 4: to serve that company. To break Harry while his company,
• 16:37
  Speaker 4: at least while he was senior advisor to the Governor's office,
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  Speaker 4: loan this company four million dollars.
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  Speaker 6: So this company could have put in their own road right.
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  Speaker 4: It was negotiated into the deal apparently because it's there's
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  Speaker 4: a map, and it's in the deed where they got
• 16:55
  Speaker 4: the properties, saying not only do we need you forty eight,
• 17:00
  Speaker 4: we deed you the right to put an easement in
• 17:04
  Speaker 4: here right of way. And it was really wide, and
• 17:07
  Speaker 4: if I recall correctly, even had some shared costs to it.
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  Speaker 4: Needed to cross the railroad tracks, which of course is
• 17:14
  Speaker 4: always a little bit of a hurdle but can be overcome.
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  Speaker 5: And not in your clients frontyard.
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  Speaker 4: That's right going down the road. Yes, I mean it
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  Speaker 4: would have been a road. It was essentially going across
• 17:24
  Speaker 4: a field to get to this company's property. And I've
• 17:30
  Speaker 4: done a decent amount of condemnation cases and have some
• 17:33
  Speaker 4: going on right now. But ordinarily, and we're feeling a
• 17:37
  Speaker 4: little bit in Putnam County right now because we have
• 17:39
  Speaker 4: another attempt to expand Tays Valley Road in Scott Depot
• 17:43
  Speaker 4: with multiple roundabouts and I designed it I think is
• 17:48
  Speaker 4: out of character for that area and it could have
• 17:49
  Speaker 4: an alternate design. There's been a lot of public comment
• 17:52
  Speaker 4: on it. We'll see where that goes. But generally, in
• 17:55
  Speaker 4: these condemnation cases, as much as my clients don't like it,
• 17:57
  Speaker 4: especially when they've had family owned property, like folks here
• 18:00
  Speaker 4: for decades and it's going to affect where they live
• 18:04
  Speaker 4: and they're going to see this construction and this increased
• 18:07
  Speaker 4: most likely truck traffic on a daily basis and noise.
• 18:13
  Speaker 4: It's very difficult though, to argue that Department of Highways
• 18:17
  Speaker 4: doesn't have the right to come in and take the
• 18:19
  Speaker 4: property because if it's a public need, generally the location
• 18:24
  Speaker 4: of the road and the design is mostly at the
• 18:26
  Speaker 4: discretion of DOH. So in my career I've never been
• 18:31
  Speaker 4: successful and I really haven't argued it because it's you
• 18:34
  Speaker 4: don't find a set of facts that works where you
• 18:36
  Speaker 4: can kind of convince the doh or force them to
• 18:39
  Speaker 4: take a different route, for example, that won't affect your
• 18:43
  Speaker 4: family's property. But in this particular case, because of the
• 18:49
  Speaker 4: government government connections and the fact that it didn't seem
• 18:52
  Speaker 4: to me that it was a public need or for
• 18:54
  Speaker 4: the public good, because this private company that apparently has
• 18:58
  Speaker 4: significant funds and as I read it currently as out
• 19:03
  Speaker 4: of state investors like venture capitalist firm that's kind of
• 19:06
  Speaker 4: promoting this why is there a public need to expand
• 19:12
  Speaker 4: this road, spend tax payer money and upset some solid
• 19:18
  Speaker 4: citizens of West Virginia when this company has on paper
• 19:24
  Speaker 4: legally the right to build its own road and apparently
• 19:27
  Speaker 4: thought about it when it made the purchase of the property.
• 19:29
  Speaker 4: And so we did fight their ability to come in
• 19:32
  Speaker 4: deas's ability to come in and take in this particular case,
• 19:35
  Speaker 4: it's a high standard and difficult, and unfortunately last summer
• 19:39
  Speaker 4: there's a different judge now in the case, but at
• 19:41
  Speaker 4: least last summer the court in Putnam County let the
• 19:46
  Speaker 4: project carry forward and denied our motion to stop them
• 19:51
  Speaker 4: from using tax payer money to take my client's property.
• 19:56
  Speaker 4: It's still pending and we still have the potential for appeal,
• 19:59
  Speaker 4: but it's basically you've got to prove that it was
• 20:02
  Speaker 4: an arbitrary decision, and I thought we had enough evidence
• 20:07
  Speaker 4: to proceed with that argument into what they call discovery,
• 20:09
  Speaker 4: where we can make them produce documents about this maybe
• 20:14
  Speaker 4: take depositions about this project. But at least last summer
• 20:19
  Speaker 4: the court shut us down. We have not been able
• 20:21
  Speaker 4: to do that. But if Brad's out there listening wants
• 20:24
  Speaker 4: any documents from that case, I'll be glad to send
• 20:26
  Speaker 4: them to him. But I thought that was interesting how
• 20:30
  Speaker 4: break Haery was making a point to notify Brad to
• 20:34
  Speaker 4: notify everyone about his conflict of interest when I have
• 20:37
  Speaker 4: a case where he and or his company is some
• 20:41
  Speaker 4: kind of investor in a company that then, while he's
• 20:45
  Speaker 4: senior advisor to the governor's office, has somehow I got
• 20:51
  Speaker 4: in doh to spend I don't know how much to
• 20:55
  Speaker 4: expand a road that will essentially, as I see it,
• 21:00
  Speaker 4: only really served this private for profit company that seems
• 21:05
  Speaker 4: to be operated by out of state interests. And so
• 21:09
  Speaker 4: I just thought that was not ironic when I read
• 21:11
  Speaker 4: it this morning and thought about my case, which hasn't
• 21:15
  Speaker 4: just maybe not newsworthy because it's such a small portions
• 21:20
  Speaker 4: of land, But you know what, if it's important to
• 21:24
  Speaker 4: our clients, it's important to us. And so we're we're
• 21:27
  Speaker 4: we're still fighting that one. And of course no, the
• 21:29
  Speaker 4: project hasn't gone on. They they at this point it
• 21:33
  Speaker 4: appears the survey was in the wrong place by d
• 21:35
  Speaker 4: O H with our contractors. Now everything's stalled again, but uh,
• 21:40
  Speaker 4: but an interesting uh scenario. We're not done fighting it.
• 21:44
  Speaker 4: But uh, it was just when I when I heard
• 21:48
  Speaker 4: Patrick Governor Morrissey talking this week, I thought, well, maybe
• 21:51
  Speaker 4: he'll take another look at this project because this seems
• 21:53
  Speaker 4: to be a waste of taxpayer money when you have
• 21:59
  Speaker 4: a well funded private venture firm that has a right
• 22:05
  Speaker 4: to build their own road not doing it and having
• 22:08
  Speaker 4: the taxpayers build it for them. So I thought that
• 22:11
  Speaker 4: was interesting, and maybe Governor Morris's office will if he's
• 22:16
  Speaker 4: reviewing some of the projects that are pending, because it
• 22:18
  Speaker 4: really hasn't been anything but a survey done and maybe
• 22:21
  Speaker 4: a waterline moved at this point, because it's moving at
• 22:23
  Speaker 4: a snail's pace and they've got to change the location
• 22:27
  Speaker 4: now the property they want to take and file a
• 22:28
  Speaker 4: new petition, but maybe Governor morrises also take a look
• 22:31
  Speaker 4: at that. They just stopped that project right now. We
• 22:34
  Speaker 4: could stop the bleeding of taxpayer dollars and just move
• 22:37
  Speaker 4: on and have this company deal with the current road
• 22:39
  Speaker 4: we have or build their own road, which is what
• 22:41
  Speaker 4: they apparently plan to do it to do it at
• 22:44
  Speaker 4: one time. But I didn't. I didn't get to dig
• 22:46
  Speaker 4: into those you know, it just looks suspicious, I would say,
• 22:50
  Speaker 4: And I thought we had enough what they'd call kind
• 22:52
  Speaker 4: of prime e facia evidence evidence you get from your
• 22:56
  Speaker 4: non litigation investigation to allow us to dig in to
• 23:00
  Speaker 4: it further in the court wouldn't let us do that,
• 23:05
  Speaker 4: which was disappointing, but but kind of dovetail nicely into
• 23:09
  Speaker 4: Patrick Morrissey's talk and then in Brad's story this morning.
• 23:13
  Speaker 4: So we'll see what happens with the w Board of
• 23:15
  Speaker 4: Governors tomorrow when you take a break. Yeah, okay, we're
• 23:20
  Speaker 4: gonna do that. We gonna take a break and come
• 23:21
  Speaker 4: back and finish up some thoughts. And also you can
• 23:24
  Speaker 4: call in if you went to this morning, if you
• 23:25
  Speaker 4: have questions for Tom Payton, you could put the power
• 23:27
  Speaker 4: of Peyton on your side this morning. Three zero four
• 23:28
  Speaker 4: three four five fifty eight fifty eight three four five
• 23:30
  Speaker 4: fifty fiftey. You can also text in any questions you
• 23:32
  Speaker 4: have three zero four not three five five zero zero eight.
• 23:34
  Speaker 4: Will take a break. Be Backwright after this. You're listening
• 23:37
  Speaker 4: to ask the Lawyer with Tom Payton from the Payton
• 23:38
  Speaker 4: Law Firm in Nitro, West Virginia. We'll give you the
• 23:40
  Speaker 4: details when we come back on five eight wc HS
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• 24:54
  Speaker 8: Good morning, here's your traffic update in Jackson County. There's
• 24:57
  Speaker 8: congestion and delays on I seventy seven Nor at mile
• 25:00
  Speaker 8: marker one thirty two around Ripley. Congestion and delays on
• 25:04
  Speaker 8: I seventy seven South at mile marker one fourteen at Sissonville,
• 25:08
  Speaker 8: and I sixty four East will be shifting to the
• 25:11
  Speaker 8: left lane and left shoulder between Institute Exit fifty and
• 25:16
  Speaker 8: Dunbar Exit fifty three starting today through July second. I'm
• 25:20
  Speaker 8: chappeling the WCHS network traffic studio.
• 25:25
  Speaker 5: Put the power.
• 25:26
  Speaker 3: Of Payting on the side. We have the court room
• 25:30
  Speaker 3: experience of such you need.
• 25:33
  Speaker 5: We never give up.
• 25:35
  Speaker 3: We're prepared to fight for your rights when you need action.
• 25:41
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• 25:44
  Speaker 3: Puts the power of Payton on your side, the power
• 25:49
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• 25:50
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• 25:52
  Speaker 6: Give us a call. Three zero four three four five
• 25:54
  Speaker 6: fifty fifty eight. Three zero four, three four five fifty
• 25:56
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• 25:57
  Speaker 6: the power of Peyton on your side this morning. Tom
• 25:59
  Speaker 6: Peyton from the Payton off Firm is in studio with
• 26:01
  Speaker 6: us today. You can find Peyton Law Room of course
• 26:03
  Speaker 6: in Nitro, West Virginia. I'm talking about all kinds of
• 26:05
  Speaker 6: things this morning. If there's anything that that we've talked
• 26:08
  Speaker 6: about that kind of raises your curiosity little bit, you
• 26:10
  Speaker 6: can give us a call. If you have a question
• 26:12
  Speaker 6: where you need to put the law on your side,
• 26:13
  Speaker 6: you could put the Peyton Law Room on your side.
• 26:14
  Speaker 6: If you have a question or a follow up, you
• 26:16
  Speaker 6: can give us a call this morning three es or
• 26:17
  Speaker 6: a four three four five fifty eight fifty.
• 26:19
  Speaker 4: They may we'll get some calls. And I listened to
• 26:20
  Speaker 4: Dad Show last week. I think he got a lot
• 26:23
  Speaker 4: of coin a lot. Always likes to point that out
• 26:25
  Speaker 4: when it gets talked to me the next time. But no,
• 26:28
  Speaker 4: just kind of a somber point prior to hit on,
• 26:31
  Speaker 4: you know, I just want to mention I didn't know
• 26:34
  Speaker 4: him personally really other than maybe saying hi from time
• 26:39
  Speaker 4: to time because we're in some of the same circles.
• 26:42
  Speaker 4: But I just really want to send our everybody at
• 26:45
  Speaker 4: the Peyton Law Firms condolences for the scaff family. Just
• 26:48
  Speaker 4: that's terrible. Now. Dad is has been friends with Doug
• 26:53
  Speaker 4: scaff I guess senior, the Doug Staff that passed, you know,
• 26:57
  Speaker 4: his father for like fifty years, and it's pretty up
• 27:00
  Speaker 4: said about it. And you know, Doug was my age exactly.
• 27:03
  Speaker 4: So it's a terrible, terrible tragedy there. And I do
• 27:08
  Speaker 4: have friends that are really good we're really good friends
• 27:11
  Speaker 4: with Dog, so our hearts go out to them as well.
• 27:14
  Speaker 4: It's just it's always unfortunate when somebody passes away when
• 27:18
  Speaker 4: you're forty eight years old and have a family or
• 27:20
  Speaker 4: still raising me and it's really going to be difficult
• 27:23
  Speaker 4: on the family. So we just you know, we send
• 27:25
  Speaker 4: our condolences there. I know what folks talked to yesterday
• 27:28
  Speaker 4: or maybe on the radio that had real personal relationships
• 27:31
  Speaker 4: with with Doug and he was I know him because
• 27:36
  Speaker 4: just reading about what he does and he's a real
• 27:38
  Speaker 4: pillar of the community and one of those people that
• 27:41
  Speaker 4: it's kind of a mover and shaker and keeps us,
• 27:43
  Speaker 4: keeps us going around here. And then of course he
• 27:45
  Speaker 4: was on the legislature and I thought he really brought
• 27:48
  Speaker 4: a some common sense or some sense at all at
• 27:51
  Speaker 4: times when I thought we didn't have much up there.
• 27:55
  Speaker 4: They remember we had the weird thing where he was
• 27:57
  Speaker 4: pulling a UH campaign signs out down near Danville and
• 28:02
  Speaker 4: got bit by at the Copperheads Snakes, which was just bizarre,
• 28:06
  Speaker 4: UH but just really sad, unfortunate accident. I don't know,
• 28:10
  Speaker 4: only lose information matter. It'll come out and the end
• 28:17
  Speaker 4: what what happened, But it doesn't really matter. But just
• 28:20
  Speaker 4: wanted to say that before we get talking about smother things.
• 28:23
  Speaker 4: But but Peyton lawfer so what do we do other
• 28:27
  Speaker 4: than condemnation cases like we talked about earlier, We UH
• 28:31
  Speaker 4: mostly do civil litigations. So if you've been hurt, injured physically,
• 28:36
  Speaker 4: financially then or have an insurance claim. You're fighting. That's
• 28:39
  Speaker 4: kind of our bread and butter. Hey, we got a
• 28:41
  Speaker 4: call first.
• 28:42
  Speaker 6: Okay, it's going to go to our call that's called
• 28:44
  Speaker 6: in for Tom this morning caller. What's your first name?
• 28:47
  Speaker 9: Ken?
• 28:47
  Speaker 5: Go ahead, Jim, what's your what's your question?
• 28:50
  Speaker 9: No, it's.
• 28:52
  Speaker 5: Okay, I apologize for that.
• 28:54
  Speaker 6: Go ahead.
• 28:54
  Speaker 5: What's your question for Tom?
• 28:55
  Speaker 9: Yeah? Hey, Tom. You know, we have a lot of
• 29:00
  Speaker 9: and cars that had held damage down here in Day's Valley,
• 29:06
  Speaker 9: and we had an estimate. My wife took her car
• 29:11
  Speaker 9: and got an estimate at one body shop I won't
• 29:14
  Speaker 9: mention names. It was eighteen hundred dollars. And then I
• 29:19
  Speaker 9: took the car to another body shop that was one
• 29:24
  Speaker 9: of their preferred body shops, and that estimate was eighty
• 29:28
  Speaker 9: one hundred dollars. So I contacted the agent, but I
• 29:35
  Speaker 9: hadn't heard anything back from them. I first thought that
• 29:39
  Speaker 9: the eighteen hundred dollars estimate was a mistake, should have
• 29:43
  Speaker 9: been eighty one hundred dollars, because the other one was
• 29:46
  Speaker 9: eighty one hundred dollars. And so anyway, the insurance company
• 29:52
  Speaker 9: had already sent me a check. They jumped on that
• 29:55
  Speaker 9: with both feet to send up the eighteen hundred. But
• 29:58
  Speaker 9: when I got the other estimates, starts looking at it,
• 30:00
  Speaker 9: going over with the estimators and stuff. He showed me
• 30:03
  Speaker 9: things that when I went back and compared the two,
• 30:07
  Speaker 9: that they weren't included on the other.
• 30:10
  Speaker 4: Right, Okay, so it wasn't comparing apples to apples. It
• 30:12
  Speaker 4: was a little bit different. I mean there was different.
• 30:14
  Speaker 9: Works, not even close. Yeah, so what would you recommend?
• 30:22
  Speaker 4: Yeah, so generally or pretty much always on And this
• 30:26
  Speaker 4: is like a what they call a first party insurance
• 30:28
  Speaker 4: claim because it's his own insurance company. Like I live
• 30:33
  Speaker 4: in tes Guys on the way home and my Tesla
• 30:36
  Speaker 4: was damaged and so U And if you just decided that,
• 30:40
  Speaker 4: if you go through tas value meators, even it's been
• 30:42
  Speaker 4: what a couple of months or something, you'll see four
• 30:45
  Speaker 4: or five tenths put up along Taes Valley Road hail
• 30:48
  Speaker 4: damage repairs. These these vans had come in from out
• 30:51
  Speaker 4: of state and just set up like temporary shops to
• 30:53
  Speaker 4: get them done. So I assume they're doing things cheaper
• 30:56
  Speaker 4: or guaranteeing they'll do it for they won't charge any
• 31:00
  Speaker 4: more than what your insurance paid you, or something like that.
• 31:02
  Speaker 4: Even even minusure deductible. But I had my agent. My
• 31:09
  Speaker 4: adjuster came in, actually was a fella from Texas, and
• 31:12
  Speaker 4: he came in for weeks and was just doing this
• 31:14
  Speaker 4: over and over again here locally. But I had them
• 31:16
  Speaker 4: give me an estimate, you know, because the adjuster can
• 31:19
  Speaker 4: do use a computer program that has labor units and
• 31:22
  Speaker 4: material costs, and shot them cut me a check and said,
• 31:25
  Speaker 4: I'll take care of my repair. Now. In your situation,
• 31:29
  Speaker 4: you when you got let's say you got the eighteen
• 31:31
  Speaker 4: hundred dollars check that you don't sign a release for that.
• 31:34
  Speaker 4: You don't sign any document that says this is my
• 31:37
  Speaker 4: full and final settlement for this claim. So normally, like
• 31:42
  Speaker 4: you should be able to go back to your automobile
• 31:45
  Speaker 4: ensure and show them the eighty one hundred dollars estimate,
• 31:52
  Speaker 4: and really they ought to pay that if it includes
• 31:55
  Speaker 4: work that was overlooked in the in the first estimate.
• 31:59
  Speaker 4: And so you know they can't, you said preferred provider,
• 32:03
  Speaker 4: for example, that insurance company can't make you use a
• 32:06
  Speaker 4: particular repair shop. And if you want to go out
• 32:08
  Speaker 4: and get an estimate, you can get it yourself, send
• 32:12
  Speaker 4: it to your auto insurer. Then you know they analyze it,
• 32:14
  Speaker 4: make sure it's not fraud, it's within the realm of
• 32:17
  Speaker 4: reason for that type of repair, and then generally they'll
• 32:20
  Speaker 4: just pay it. I mine's a good example. I had
• 32:23
  Speaker 4: the guy that came into mind you. They itemized your
• 32:25
  Speaker 4: I had hail damage on the body of my car,
• 32:27
  Speaker 4: but my Tesla has one piece of glass on the roof,
• 32:31
  Speaker 4: and so when they gave me the estimate for my
• 32:34
  Speaker 4: total repair from the adjuster, I thought, well, that's low,
• 32:37
  Speaker 4: I think. So you know, you can see itemized on
• 32:40
  Speaker 4: there the glass or replacement for my roof. It's spiderwebed
• 32:44
  Speaker 4: on my roof, and and so I could see what
• 32:48
  Speaker 4: he attributed as far as labor and materials for that,
• 32:51
  Speaker 4: and it actually had a deduct It's like minus forty
• 32:54
  Speaker 4: two percent on the cost. So I called emailed through
• 32:57
  Speaker 4: their chat system or whatever, and well, why is there
• 33:00
  Speaker 4: a minus forty two percent from the National Glass Association estimates. Well,
• 33:03
  Speaker 4: that's just what we do for your region. So I
• 33:06
  Speaker 4: don't know if it's some kind of cost of living
• 33:08
  Speaker 4: adjustment or something. But the problem I had is I
• 33:11
  Speaker 4: called your local glass vendors, like safe Light or whatever.
• 33:15
  Speaker 4: There's five or six here locally, and none of them
• 33:19
  Speaker 4: in West Virginia were equipped to do a Tesla roof
• 33:23
  Speaker 4: glass repair. So I had to go to Tesla, yeah,
• 33:26
  Speaker 4: in Columbus or I had to you know, everything's electronic
• 33:29
  Speaker 4: with Tesla, email in and get your but they spit
• 33:32
  Speaker 4: out an estimate. Of course, I still haven't got my
• 33:34
  Speaker 4: car upare because I had to drive it up there
• 33:35
  Speaker 4: actually next Friday. But that estimate from Tesla just for
• 33:40
  Speaker 4: the glass was let's say hundreds of maybe one thousand
• 33:44
  Speaker 4: dollars more than what my insurance company had allotted for that.
• 33:47
  Speaker 4: So I messaged with them and they said, yet, just
• 33:49
  Speaker 4: upload the new estimate, and I did. And this is
• 33:54
  Speaker 4: my insurance cam company is one of the largest casual
• 33:57
  Speaker 4: insurers in the world. It doesn't have anything to do
• 34:01
  Speaker 4: with a farm anymore. But see where I'm going. So
• 34:05
  Speaker 4: now I haven't heard back from them in like a month,
• 34:06
  Speaker 4: but they're going to pay me the difference between what
• 34:09
  Speaker 4: they said it would cost and now my actual costs.
• 34:12
  Speaker 4: And you can always get your you know, I always
• 34:15
  Speaker 4: feel like if you get the repair done and it
• 34:17
  Speaker 4: costs extra, why your car's there? Normally your your your
• 34:21
  Speaker 4: body shop or your mechanic shop will make a call
• 34:23
  Speaker 4: for you to the insurance company and make sure they
• 34:25
  Speaker 4: get can get paid the difference because you might have
• 34:28
  Speaker 4: taken a check for X, so now get the new
• 34:31
  Speaker 4: information to them. If they won't respond, If your insurance
• 34:34
  Speaker 4: company won't respond at all, file complaint with the Western
• 34:37
  Speaker 4: Insurance Commissioner's Office because you can do it online and
• 34:39
  Speaker 4: they're very good at the Insurance Commission's Office about getting
• 34:42
  Speaker 4: insurance company to communicate. Doesn't mean they're going to agree
• 34:45
  Speaker 4: with you, but at least communicate now. If you get
• 34:48
  Speaker 4: beyond that and your insurance company will not agree to
• 34:51
  Speaker 4: pay what it will actually cost you to get that
• 34:55
  Speaker 4: damage repaired, then you might pop us an email because
• 34:57
  Speaker 4: we can help with those type claims if you want
• 35:00
  Speaker 4: to pursue it. Obviously, you know, for example, if it's
• 35:03
  Speaker 4: a two thousand dollars difference or even three thousand dollars
• 35:06
  Speaker 4: difference and we got to get engage it and spend
• 35:10
  Speaker 4: significant lawyer time on it, doesn't make any sense for
• 35:12
  Speaker 4: us to handle out on one third. First of all,
• 35:14
  Speaker 4: you wouldn't get enough to get your car fixed, and
• 35:17
  Speaker 4: we'd be working for pennies on the dollar. But the
• 35:19
  Speaker 4: good thing in West Virginia in most states, I believe
• 35:23
  Speaker 4: is if you have to hire a lawyer to fight
• 35:25
  Speaker 4: your own insurance company because of a denied claim and
• 35:28
  Speaker 4: you prevail, they've got to pay your lawyer's fees on
• 35:31
  Speaker 4: top of your damages. So it does give you an
• 35:34
  Speaker 4: avenue on these smaller property damaged claims to hire a
• 35:37
  Speaker 4: lawyer and never go out of pocket. And sometimes you
• 35:41
  Speaker 4: can get some other damages too, So it usually works
• 35:43
  Speaker 4: out as long as that eighty one hundred dollars estimates,
• 35:47
  Speaker 4: you know, not something the way out in left field
• 35:50
  Speaker 4: on it. You know you can't, and then of course
• 35:52
  Speaker 4: you got your value your car. It could be totaled
• 35:54
  Speaker 4: at some point if your estimate goes up too high,
• 35:57
  Speaker 4: if the estimate is seventy percent of the re accident value.
• 36:01
  Speaker 4: But yeah, interesting scenario. Yeah, it's all kinds of repairs
• 36:04
  Speaker 4: still being done there in Tay's Valley.
• 36:07
  Speaker 5: I was in it.
• 36:08
  Speaker 4: I was actually driving Dad's car at the time. My
• 36:10
  Speaker 4: wife was driving the Tesla, and unfortunately Dad's car was
• 36:14
  Speaker 4: pretty well destroyed as well. He's driving a rental right
• 36:16
  Speaker 4: now while his gets repaired.
• 36:19
  Speaker 9: Yeah, yeah, it's I mean, it was really nasty. It's
• 36:22
  Speaker 9: a large tale I've ever seen in my life. Yeah,
• 36:25
  Speaker 9: but one one other thing too. Uh. On our home,
• 36:30
  Speaker 9: we had some light fixtures, external light fixtures that were damaged,
• 36:35
  Speaker 9: and for whatever reason, the guy that came out, he
• 36:38
  Speaker 9: didn't he didn't stop and talk to me after he's
• 36:41
  Speaker 9: done it. And so when they sent the estimate, he
• 36:44
  Speaker 9: only he only paid to replace one light. And so
• 36:50
  Speaker 9: I've gotten mixed reviews from people that I've talked to
• 36:54
  Speaker 9: with regard to the lights. So far, I've not had
• 36:57
  Speaker 9: any luck with match that light, and so I've heard
• 37:02
  Speaker 9: there's different laws pertained to like mix and match that
• 37:06
  Speaker 9: type of thing.
• 37:07
  Speaker 4: Yeah, that all depends on each situation. And then get
• 37:09
  Speaker 4: a lot of that with siding too, like do they
• 37:11
  Speaker 4: have to match the siding? Is it possible? And then
• 37:13
  Speaker 4: you get a patchwork siding on your house. But uh, yeah,
• 37:18
  Speaker 4: explore maybe trying to address that with them a little more.
• 37:21
  Speaker 4: And if you run into a roadblock, just let me know.
• 37:24
  Speaker 4: We'll run a little short in time on the show.
• 37:25
  Speaker 4: So we got to got to run here. But yeah,
• 37:27
  Speaker 4: feel free to fall off with me on an email
• 37:29
  Speaker 4: or something. I'd be glad to give us some informal information.
• 37:32
  Speaker 4: It may not be something you need to hire us for.
• 37:33
  Speaker 4: But if it comes to a sticking point, those are
• 37:35
  Speaker 4: the type of claims that we can handle. Otherwise you
• 37:37
  Speaker 4: shouldn't really, you know, a lawyer with your own insurance
• 37:39
  Speaker 4: company just to file the claim forms and things like that.
• 37:42
  Speaker 4: I got to do to the acting good faith, he
• 37:44
  Speaker 4: as opposed to if somebody else caused the problem and
• 37:46
  Speaker 4: you're dealing with their insurance company, then it's a little
• 37:48
  Speaker 4: more uh, you gotta be a little more careful.
• 37:51
  Speaker 5: You give them a call.
• 37:52
  Speaker 6: Can the phone number seven five five fifty five fifty
• 37:54
  Speaker 6: six threes or A four seven five five fifty five
• 37:55
  Speaker 6: fifty six for the patent law firms seven five five
• 37:57
  Speaker 6: fifty five fifty six Payton Law from dot comp y
• 38:00
  Speaker 6: N Tom will see you back here next week.
• 38:02
  Speaker 4: Sounds good.
• 38:02
  Speaker 5: Have a great dy everyone on five AD w c H.
• 38:06
  Speaker 4: Five eight w c HS A m nty six point
• 38:08
  Speaker 4: five That thing charnal stick one oh four point five
• 38:10
  Speaker 4: Cross Lanes on WVRC Media Station.
• 38:14
  Speaker 5: We're proud to live here too.