Latest / Ask the Lawyer / 02/08/2024 Ask The Lawyer with The Peyton Law Firm: Legal Insights
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- 0:00Our area's most beautiful properties deserve the finest Wilters Meeks Realty Group. We focus
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- 0:13zero one, one zero one. The views and opinions expressed on this program
- 0:17do not necessarily reflect the views and opinions of five ADWCHS it's employees or WVRC
- 0:23Media. Put the power of Peyton on the side. We have a court
- 0:30room experience. Such need we never give up. We're prepared to fight for
- 0:37your rights. When you need action, count on us. Put the power
- 0:46of Payson on your side, the power of Babe. It's a twenty two
- 0:51and this is by BABYWCCHS the Voice of Charleston. I'm Jeff Jenkins with Harvey
- 0:55Payton or the Peyton Law Firm in Nitro. It's Thursday morning. We're on
- 1:00the air, and that it means you can give us a call. Three
- 1:02oh four three four five fifty eight fifty eight three four three four five fifty
- 1:07eight fifty eight. Harvey, good morning, how you doing well. I'm
- 1:10doing quite well. That's uh. You know on these almost fall spring mornings
- 1:15like we have. We had a false spring afternoon yesterday. It was gorgeous
- 1:19and I got a dose to the spring fever, took a dog out for
- 1:22a long walk. But you know, it's a little overcast. It's an
- 1:26easier drive at Charleston when you've got a little bit of an overcast morning,
- 1:29because if you hit that sun coming eastbound, it's really especially get around the
- 1:33Institute Hill there when you're looking due west or coming down I sixty four almost
- 1:38due east into Charleston before the bridge. But just lovely in about twenty minutes,
- 1:44twenty five minutes from right down in the middle of days valley to here.
- 1:49And actually during the day, I mean our office is in Nitro,
- 1:53and you know we take clients. Our clientele is all over southern West Virginia,
- 1:57southeastern Ohio, Charleston, Saint Auban's Cross Lanes of course, mostly a
- 2:04lot of clients from Putnam County, hurric and Winfield, Poker, Buffalo.
- 2:08But if you're in downtown Charleston in the middle of the day and you get
- 2:12in your car at an office downtown and drive to Arveston and Nitre, it's
- 2:16going to take twenty minutes. I noticed that. Of course, I'm a
- 2:21fanatic about noticing the time because it's convenience. People go where things are convenient.
- 2:27So Monday we had to be in Morgantown. I had to be in
- 2:30Morgantown early in the afternoon. He had a meeting at the Well. The
- 2:36WDU now has a freestanding art museum and they were looking for a new museum
- 2:39director. So we had interviews on Monday, and I'm on the advisory council.
- 2:45So it was a trip to Morgantown and left Tays Valley on the way
- 2:49to Morgantown. By the time we got to Charleston, and this was after
- 2:55ten because I was going to stop over here Iron Blacks office to have him
- 3:00look at a too thing he'd worked on, it was twenty one minutes.
- 3:05And that's ten o'clock in the morning. Yeah, that's from deep that's from
- 3:08the Militay Valley. Nitro is closer by the way. I saw in the
- 3:13paper this morning, the Gazette that a business. I guess there's a distillery,
- 3:17Capitol City Distillers, that was located in the old security building there at
- 3:22the end of Capitol Street. Capitol and the Boulevard, which I always wondered
- 3:27when he opened that they might have a great product, but how do you
- 3:30get there? There really isn't a much parking. You can park across the
- 3:35street on the river bank, but that's a hard intersection across the street.
- 3:38I think that's why the Union building there has never really caught on with Alternative
- 3:44US. It's just there. It's a tough spot. It is a tough
- 3:46spot. So the gentlemen they're closing their doors and looking for another location.
- 3:51Maybe you know the city has shifted its emphasis. It's the Slock Plaza,
- 3:54Fife Street or whatever it's called. Now we're in Elk City. Well,
- 4:01I've got a word for the the estabsment Nitro. Nitro called down and talked
- 4:08to Kim Reid at the Nitro land Reuse Agency. We've got land and I'm
- 4:12sure there's some buildings around Nitro and you're going to find the rents are far
- 4:15more reasonable and the city is at least as easy, if not easier to
- 4:19deal with. We have for new businesses, we've got to be an O
- 4:24tax exemption. It extends over a period of time. So uh, if
- 4:28the security building at the end of Capitol Street on the boulevard wasn't welcoming as
- 4:33you thought. Nitro will gladly open their arms. So if you're listening,
- 4:39call Nitro. Here you go. K I thought about that yesterday. Uh.
- 4:45You know, Nitro has been like a little hidden gem for a long
- 4:49time. I mean I grew up in Saint Albans and Nitro was considered sort
- 4:54of the stinky place across the river. The big driver Saint Aubins was the
- 5:00railroad with Ceno and Carbide somewhat some bit of DuPont, but you know,
- 5:06Carbte had the big works at Institute, and good Rich Golf had the rubber
- 5:10plant over there, and then of course you had the FMC Carbide complex in
- 5:13South Charleston. I would say probably twenty percent of the workforce in Saint Albans
- 5:20directly associated with Carbide. Across the river in Nitro, you didn't pay much
- 5:25attention, you know, if you went across the Interstate bridge once it was
- 5:29opened in the late sixties, the smell was bad hydrogen sulfide. But he
- 5:33had Monsanto, which was probably the highest paying industrial operation in the valley,
- 5:43and that was just it was a union shop. It was specialized work because
- 5:49they had a lot of high temperatures, a lot of high pressures in their
- 5:53processes, and so people tended. You know, if a man went into
- 5:56work at Monsana after the Second World War and got through the six months on
- 6:00the yard, got in a good hourly position, they could walk out thirty
- 6:04five years later with a million dollars right from stock and centered plans. We
- 6:09also had FMC and Ohio Apex, a lot of prosperity. So you know,
- 6:14when I first went over to Nitro to practice law in seventy seven,
- 6:18Oh, we had an old optometrist, Doc Warner. He said, you
- 6:24know, it's just businesses rough down here. You can't make a living down
- 6:28here. Well, Sam Kaufman made a living down there the other day he
- 6:30said, Well, Warner told me the same thing when I asked him and
- 6:32nobody that was the mantra from the professional Oh no, no, no,
- 6:35you don't want to just want to keep the competition out because everybody in Nitro
- 6:40was making money. It's been good to me. You know, we're under
- 6:43lawyers now, there's just two of us, me and Tom. Jerry McCormick
- 6:46had an office up the street and he passed away and Luke Michael had just
- 6:50a dean of property work and then that into the valley. Luke passed away
- 6:54some years ago. Saint Albans at one time had I think twelve lawyers practicing
- 6:59there when I got out of law school, and now there's one and a
- 7:01half, which is not good for the community. But I was just looking
- 7:09around town. It changed a lot in the forty I guess it would be
- 7:15forty seven years, right, That's a long time to be in one place.
- 7:19And we had some rough times, you know, when Risco's closed down,
- 7:23mon Santo pulled out there. There was a point of time there.
- 7:27The railroad I actually cut back their operations a good bit. But we're on
- 7:30the rebound, you know. So mister Charleston Capital City Distillery, come on
- 7:35down. We'd like to have that. We'd like to have another deli restaurant,
- 7:41maybe one of these craft brew establishments to go with the other shops and
- 7:46merchants that are there. We've got, you know, I guess Larry Dawson
- 7:49was on the other day and talked about the change in his dealership. He's
- 7:55he's leased his business location to Boon Motor, says Richard Stevens and his company,
- 8:01but carry on the same type business. That's what's good for business,
- 8:07is good for Nitro and good for the valley. You know. Of course
- 8:11we've got any hand both the Putnamankinawa counties, which is really good, really
- 8:16good. So today, uh, I guess there's some news. Yesterday broke
- 8:20in the paper. There was an advertisement in the morning paper here the gazette.
- 8:26Uh under the legal ads which I obsess and look at every day because
- 8:31I'm a throwback to an older age of lawyers, and I noticed, you
- 8:35know, here's this, uh, the Greenberg Sporting Club. I noticed a
- 8:41foreclosure which is pursued to Adida Trust. Now you want to go to the
- 8:46lines, Sure, let's got it. We've got a call. Call.
- 8:48That's good, lou Anne, you're on the air. Go ahead, lou
- 8:50Inn, good morning. Thank you for taking my call. Go ahead,
- 8:54win, go ahead and say it again. Go ahead, We hear you.
- 8:58Go ahead, Louinn, thank you for taking my call. I'm calling
- 9:03for legal advice as to how to handle a situation that occurred on Monday morning.
- 9:11I live on Tyler Mountain and my family had a wholesale meat company for
- 9:20many years. My dad died and the business was closed. My brother inherited
- 9:26the property and established a different business, but we had three barn cats left
- 9:35on the property. The barn was torn down. The cats were essentially homeless,
- 9:43so I built a nice dog kennel with a roof and a floor.
- 9:50I had two dog igloos with straw in them, so it was a nice
- 9:54humane situation. They were very comfortable there and during the winter covered it with
- 10:00tarps so that it was cozy and I could come and go when I was
- 10:05feeding them or changing the litter boxes, leave the door open. And they
- 10:11were so comfortable there that was their home, that they would not leave.
- 10:18On Monday morning, a pack of violent dogs, there were three dogs,
- 10:24two black and one white, attacked the kennel. They ripped the tarp off
- 10:31the kennel. They broke the metal frame of the kennel. They tore the
- 10:37chain link fence away from the frame, entered the kennel and killed my cats.
- 10:46The cats were old, they were fifteen or sixteen. They were gentle.
- 10:50They were close to the end of their life and I really wanted them
- 10:54to die a natural, peaceful death. And I am a committed animal owner.
- 11:00I'm always with my animals to the very end, and they died a
- 11:05very violent death, and I'm sure that they suffered. They were mutilated.
- 11:11When I got there, I spoke with well. We captured images of the
- 11:20dogs on a field camera, and a person that was coming to work at
- 11:26my brother's company saw the dogs on the property but did not witness them killing
- 11:33the cats. So I have pictures of the dogs, and I have a
- 11:39witness that saw the dogs on our property, and I have posted this on
- 11:45the Tower Mountain page, and I've offered the reward for people that will help
- 11:50me to identify the owners of the dogs. I spoke with a humane officer
- 11:56who said, if I can identify the owners, all they can do is
- 12:01go talk to the owner and tell them they must contain their dogs. But
- 12:07the dogs have been seen after Monday's murder running loose in the community, so
- 12:15these are dogs that the owner is not likely to contain. I'm wondering what
- 12:22my legal options are. I'm tired of being told just suck it up.
- 12:28You know, life sucks, you know. I think people that irresponsible need
- 12:35to have some consequence. And I'm not talking about money money. What I
- 12:41really would like to do is to shame them, to make it known who
- 12:46they are in the community and make them feel some degree of remorse. It
- 12:54breaks my heart that the animals suffered the way they did and that I could
- 12:58not be there to protect them. And in fact, on Monday night,
- 13:03I dreamed all night of my cats coming to me needing help, and I
- 13:09could not get to them. So I'm interested in knowing if I have any
- 13:13legal options, and I know it will be a negative result for me,
- 13:18I will pay more in the long run than I get that there will be
- 13:24some satisfaction knowing that my cats did not die in vain. And I'm also
- 13:30concerned that if these are aggressive dogs, they will kill other people's animals and
- 13:35may attack children in the community. So I'm calling really for some guidance from
- 13:41you. Listen to you every week and respect your opinions. So what,
- 13:48Unless you have questions of me, I'll hang up and listen to your answer
- 13:54on the air. The other thing I was going to ask it very first
- 13:56was Edison VELDI, Taylor, your family is that who had to meet play
- 14:00out there? It's okay, I got you Milburt Buch out there on that
- 14:05little tower. Yeah, that's that's my dad. He died twenty years ago.
- 14:09Yeah, really really nice man, I'll tell you Milburn mckewell, I
- 14:15think so too, But I'm not objective. Well I could have been objective.
- 14:20So let's start at to begin. Thanks, Louanne will take you down.
- 14:22You can listen off the air. Their'st The most important thing you have
- 14:24to do is identify with some reasonable degree of certainty the animals themselves and who
- 14:31owned them. You know, there are feral packs of dogs, and may
- 14:37there may well be in some of those more wooded areas between Little Twler and
- 14:41Big Tyler out in the Crosslands area here northwest of Charleston. If it's a
- 14:46pack of feral dogs, it's they're feral dogs. They're just they roam.
- 14:54They're not accountable to anyone, nor is anyone accountable for them. If they
- 14:58worry she are lives stock or domestic animals, and you perceive them in the
- 15:03act of that sort of attack, the law allows you to kill them.
- 15:09Now that wouldn't be an option for you as an animal lover. And you
- 15:13know we've had trouble over in Saint Albans on a little farm that we had
- 15:16over there where my daughter now lives with some dogs getting in and they're killing
- 15:20the chickens. But you know, I don't want to shoot a dog or
- 15:26any other animal. Really. Now, if you can identify the owners with
- 15:31reasonable certainty, I think the humane officer is correct. The first time that
- 15:37this happens, they can talk to them and warn them. After that,
- 15:41if the rampage continues and other animals are injured or killed, or children or
- 15:50adults are threatened, then there's a procedure whereby vicious dogs can be taken and
- 15:56ultimately destroyed. Again, that may not be an option you want to con
- 16:02There is, however, a statute in West Virginia that imposes strict civil liability,
- 16:08that is money damages on the owner or keeper of any dog who allows
- 16:14that animal to run at large and inflicts any damage on person or property.
- 16:18Now, the dogs tore up your kennel, they ripped off the wire,
- 16:22they tore off the tarpouli in the head, and there for protection that has
- 16:27value. That's an volume of damages for which you can present a claim.
- 16:34You'll find that most homeowners policies or farm insurance policies cover those things. For
- 16:40the owner of the dog. They can pay you Now that's just money.
- 16:42That's not going to bring your cats back or take away the pain of the
- 16:48manner in which they died. The law, I'll just say, has no
- 16:55real solution for the social impact. It's as a a pet gets hit by
- 17:03a car, maybe by somebody speeding. An animal gets loose and kills a
- 17:10pet. The law doesn't place a lot of value from the standpoint of civil
- 17:17damages on the death of a domesticated animal. I mean, until a Supreme
- 17:22Court decision of about twenty years ago, there was no recourse at all.
- 17:26If the animal wasn't listed for property tax purposes, and most of the domestic
- 17:32animals are not, then there was no recovery at all. The question of
- 17:37whether there is any recourse for the sadness and grief experienced by the owner of
- 17:42an animal, the answer at law is no. If if you witnessed,
- 17:49you know, if you're leading your cockapoo down the street, minding your own
- 17:55business, and somebody sticks their pitbull on the dog and it's killing your presence,
- 18:00be might well be a cause of action for the intentional infliction of emotional
- 18:03distress. But that's not the situation you have here. You came upon a
- 18:07scene of carnage after it had taken place. So and keep in mind,
- 18:15however, social media allows you to exercise your right of free speech to expose
- 18:22to shame, so long as what you tell is the truth or there's a
- 18:26reasonable basis in fact for what you say. If you identify the energy,
- 18:30you certainly are free to identify them, to make reasonable editorial comments that you
- 18:36feel appropriate about their conduct, and to expose that to the community. Period.
- 18:40It's a free country. So I mean, I don't know if that
- 18:45answers your question. There's not much the law can do for you. There's
- 18:49just not much the law can do for you. There's a civil remedy for
- 18:55the damage, the actual property damage, if there's anything incurred, for instance,
- 19:00maybe cremation of the animal remains that happens frequently. There are vet bills
- 19:04that were incurred that might be recoverable. Your personal emotions and feelings are not
- 19:11going to be compensated. You can. I would encourage you to, however,
- 19:15to follow up, keep up with your efforts to identify the owners and
- 19:18the animals, because the second and third time around, the animal control authorities
- 19:25can do something. If they're vicious dogs running at large, they can be
- 19:29taken into custody and ultimately, after due process to the owners destroyed. So
- 19:34I don't know. I mean as a pleased I'm glad you're listening. It's
- 19:37an honor. I mean, I know your dad does McCown meat packing.
- 19:41They were out there on little Tower for decades and decades, and I wish
- 19:47you the best. Sorry for your bad experience. I mean, I know
- 19:48that my daughter they had a rabbit hatch over on the farm. Well I
- 19:55think it was raccoons, because those little crafty devils can get into anything and
- 20:00got in and the rabbit system, which the rabbits went away. As far
- 20:04as the kids were concerned, they went to live on a farm in the
- 20:07country. But it was a pretty bad scene to clean up. It's a
- 20:10bad thing. But that's about all the law can do for you that I
- 20:14know of. Okay, all right, well, thanks, thanks for the
- 20:15coal to land. We appreciate and appreciate you listening. That's a different that's
- 20:19a different take on things. You know, the law reaches out to everybody,
- 20:22and today we got these big issues in the United States Supreme Court about
- 20:27disqualification of presidential candidates, and we've got maybe a trustees sail down in Greenbrier
- 20:36County of this exclusive high dollars sporting club. And at the same time,
- 20:41here's a real down to earth sea level human being who suffered a real significant
- 20:45loss in their life, which unfortunately is just one of those areas where the
- 20:48law, the law doesn't go there because we've made a societal cultural decision.
- 20:56We cannot address every economics sts social ill and the varying attitudes of folks about
- 21:04pets and animals are so diverse that the law's not going to get into it,
- 21:10period, over and above dollars and cents. And that's just because you
- 21:12can't right, right, all right, to take our break and we'll come
- 21:17back. Number to call three oh four, three four five fifty eight fifty
- 21:19eight. Three oh four, three four five fifty eight fifty eight lines.
- 21:23You're open three oh four, three four five fifty fifty eight back in the
- 21:27moment of five eighty wchs injured physically or financially, when the bills pile up
- 21:33and the insurance company refuses to pay, you need an experienced team on your
- 21:37side. At Peyton Law Firm, you get knowledgeable, common sense advice and
- 21:41aggressive representation we help you stand toe to toe with the largest insurance companies in
- 21:45the world. When you've been injured due to someone else's negligence, you don't
- 21:48have to accept it and move on. Paytent Law Firm will help you enforce
- 21:52your legal rights because your legal situation is serious to you, it's serious to
- 21:56us. For more information, go to Paydentlawfirm dot com. Put the power
- 22:02of Payton on the side. We have the courtroom experience that your need.
- 22:08We never give up. We're prepared to fight for your rights. When you
- 22:15need action. Count on us. Put the power of Pigson on your side,
- 22:23the power of PA and it's a forty five on five eighty wchs.
- 22:27The voice of Trust and Harvey Payton's with me of the Peyton Law Firm in
- 22:30Nitro here on five ady whs and number to call three or four three four
- 22:34five fifty eight fifty eight three or four three four five fifty eight fifty.
- 22:38So we're talking about property that the governor and his family own, and they
- 22:45owe Carter Banking Trust in Virginia three hundred million dollars, and Carter Bank and
- 22:49Trust is trying to get some of their money right well, The allegation,
- 22:53of course, by Carter Bank is that they are a three hundred billion dollars.
- 22:57The governor, as he made plain in his press conference yesterday, disputes
- 23:02that this action in Greenbrier County is actually separate in the part as I read
- 23:07it, from those attempts to enforce confessions of judgment. This is a mortgage,
- 23:14you know, like when you buy your house. If you don't have
- 23:17the money to pay cash for your house, you go to a bank or
- 23:19lender and they front you the money and at the closing they give you the
- 23:22money to pay the seller and you receive a deed and then you sign what's
- 23:27called a deed of trust. You actually convey legal title to your home to
- 23:33a third party who's a trustee, usually a lawyer or a bank representative,
- 23:38who holds legal titles subject to the terms of the trust. The terms are,
- 23:42if you pay us back and you keep it insured and you keep it
- 23:47in good repair, we will release the lean that this creates when your loan's
- 23:52paid off. If you don't pay us back, we can sell your property
- 23:56on the courthouse steps to get our money. That's just a contractual at obligation
- 24:00between arms length parties. There really isn't a lot of defense to adeda trust
- 24:07fraud. You know, fraud's a defense to everything. But you know,
- 24:14I would assume that when the governor says more things are going to happen,
- 24:19perhaps an attempt would be made by the Greenbrier Sporting Club to go to the
- 24:23Circuit Court of Greenbrier County and asked for some sort of an injunction saying that
- 24:30there's either fraud or inequitable conduct related to the execution of this trust and the
- 24:34sale, and asked to have the sale deferred or delayed. The ultimate defense
- 24:40to the foreclosure on a data trust for all bankruptcy. I assume they could
- 24:44put the Greenbrier Sporting Club into some sort of reorganization which is an automatic stay
- 24:48of any enforcement procedures until the bankruptcy court can sort it out. But this
- 24:52is really a little more immediate, uh, I think, in pressing problem
- 25:00for the justice interests and what's going on down in Virginia, Because deeds of
- 25:03trusts are self executing. If you don't pay, we can sell if you
- 25:08don't pay, and it's made plane and any reasonable business person knows, and
- 25:17you know, I do some real estate work. Used to do a little
- 25:19more and always make a point to stop say now, okay, you have
- 25:23to sign this. Now, before you sign this, you have to understand
- 25:26there's a lot of words. You can sit here and read every word if
- 25:29you want to, and we'll take it a little while to do that.
- 25:32Or that's why I'm going to tell you. You pay the money back,
- 25:34you pay the interest, you keep it insured, and you pay the taxes.
- 25:38When you pay off the loan or sell the house, you'll get a
- 25:41release. But at the back of your mind, you've always got to know
- 25:45if you don't make the payments, they can sell your house. I mean,
- 25:49that's made plain and I would look at this. Some immediate actions is
- 25:56going to have to take place if you get down. What happens is whoever
- 26:00the trustedis goes down on the courthouse steps. Now it's going to take a
- 26:03long time because they read the entire notice, and the notice was about five
- 26:07columns. Yeah, it was a lot in the gazette, the description of
- 26:10the property that's being sold. And once the trustee knocks it off, then
- 26:18they have to file a report of the sale within thirty days. They sign
- 26:21a deed conveying the property to a third party. Now, I will say
- 26:23this, the most common purchaser to trustees sales is a lender themselves, because
- 26:30the lender they've got the lean I mean they won't generally, they don't knock
- 26:37them off on the courthouse steps for any less than the outstanding balance. The
- 26:41lender will just bid it in and they'll take title of the property and try
- 26:45and sell it on the open market for what they can get to reduce the
- 26:48debt, sometimes at a loss, sometimes on a short sale. But what
- 26:53are their rights? Harvey? And I think we've got a third I wonder
- 26:57if we'll hear from the sporting club property owners themselves, who you know who
- 27:03maybe their properties might be damaged by well, the sale of some of those
- 27:08properties, the golf course and the clubhouse and those type of things eyes wide
- 27:12open, I mean those are not standard homes and subdivisions. I mean,
- 27:18you're talking about the Steed golf course worth probably four or five million dollars across
- 27:23that much to build it. You've got a clubhouse down there, there's probably
- 27:26a couple of million dollars. From my recollection. I've only been in it
- 27:29a couple of times. You know, when you buy one of those properties.
- 27:33If you've got eight or ten million dollars to buy a house or buy
- 27:37a lot and build a house, you get out and you didn't look at
- 27:40the records in Greenberg County online. You take subject to whatever the outstanding leans
- 27:45and preconditions are that we're put on record prior to you acquired ownership. So
- 27:53shame on you. Now they may try, but the burden's pretty heavy on
- 27:59a subsequent property. Here, you buy a piece of property, it's subject
- 28:02to adida trust. Where you buy into a development where the common areas and
- 28:06the amenities are subject to a lean, Well you know that right, And
- 28:11so you think, well do I trust the developer enough to take the risks.
- 28:15They'll make the payments, all right, Let's go back to the life.
- 28:18Good day, a ray from Scott Depot. You're on the rego ahead.
- 28:22Good morning morning, Good morning. Well I got a little different thing
- 28:30I asked you about there. I've had a medical problem with a medical device,
- 28:34a pacemaker. I had one in ten years ago and I just had
- 28:40to replaced about a year ago, and about a month ago they had to
- 28:47take it out. It infected my whole body. That is, pacemaker was
- 28:51infected. Do I have a legal right to go for them? Yeah,
- 28:55you may well have one. You may well have not, perhaps not against
- 28:59the the physician, the electrophysiatrist, whoever implanted the device, but somebody made
- 29:06it, and you know some of those. And I've got a particular interest
- 29:10in this, to be honest with you, Ray, because I've been getting
- 29:11worked up over the last month or so. I might have to get a
- 29:15pacemaker. My pulse is kind of slow. And it's not a big deal.
- 29:21I mean, I think you know, it's not a great big procedure,
- 29:23and it's something you need, you need it. But some of these
- 29:26devices have a history of either detaching leads or irritation internally the causes infection.
- 29:34So yeah, I think it's certainly worth your while. You know, we
- 29:37never charge anybody for a consultation. If you want to call the office,
- 29:41as for Tom, get some infoul on what type device you've got. We
- 29:45can look and see. Sometimes there will be some national litigation pending or at
- 29:48least some reports of similar occurrences. So yeah, I would. I would
- 29:53if it laid you up and you were overwhelmed by an infection, you know,
- 29:56you got to have a lot of antibiotics that can cause neuropathies and give
- 30:00you trouble that you didn't need, you didn't sign up for. So yeah,
- 30:04the answer is yes in a yes, mate, I spent twenty three
- 30:10days in the hospital, my goodness, and I'm still not out of lefty
- 30:15week and breathless, and so I'm gonna come in and see you. You
- 30:21know who I am. You know who I am? Yep, Okay,
- 30:23right, okay, appreciate the car. Appreciate the car. Rade three oh
- 30:27four, three four five fifty eight fifty eight, three oh four, three
- 30:32four fives. Yeah. Always look, you know that in the background of
- 30:36a lot of these medical devices. But other you know, you go and
- 30:41a service provider and good faith gives you a product or performs a procedure.
- 30:48But remember somebody made that right and everything. You take a look at what
- 30:55happened out in Alaska Airlines, right, there's a company in was it home
- 31:00a Hall and Boeing pulled out. They got out of Nebraska because after they
- 31:06sold the McDonald douglas, so they merged with McDonald douglas. McDonald douglas took
- 31:08over management and they're bean counters, they're not safety airline people like Bowing was.
- 31:14They shut the plant down in Kansas or in Nebraska, wherever it was,
- 31:19wherever spirit is now, and they turned all the fuselage manufacturer over to
- 31:23a subcontractor. Then they moved it east to South Carolina to keep it away
- 31:27from the unions, to completely eliminate the possibility of a highly highly skilled workforce.
- 31:33This fuselage was shipped to Alaska Airlines. The bolts were never put in
- 31:40the door plug. We now understand. Well, for those folks who were
- 31:45on that flight, I'd say they're the value of their claim against the manufacturer
- 31:49just went up significantly. No excuse for it. So that's one of the
- 31:55important things about It's like Ray, did just ask a lawyer, you know
- 31:57we don't charge and I actually see a lot on TV ads. Well,
- 32:04there's no charge, no cost unless we recover for it. Well, that's
- 32:07the way we work. You know, lawyers who work for the general public,
- 32:10who practice law at sea level, who have an office that John Q
- 32:15citizen can walk in and ask, do I have a claim against the biggest
- 32:19corporation in the world. You're not going to be charged for that? Are
- 32:23We're here to help people, so we can listen to the facts. We
- 32:25can investigate the facts and tell you if you have maybe have a case.
- 32:30If you do, then we undertake the case and we take the risk of
- 32:35working and never being paid and never being reimbursed the expenses in exchange for some
- 32:40percentage of what we recover if we recover it. And just like Ray,
- 32:46if you ask, the lawyer knows all the questions. Answer what are the
- 32:50points along the line here where someone may evote a duty that was violated And
- 32:55it's not always at the end point of the transaction, somewhere back up the
- 33:00chain, like an engineering you know, if it's an engineering defect, the
- 33:06law is that that engineer is a duty not only to the person that he
- 33:08did the plans for, but to the public at large, anybody who may
- 33:13use that structure or facility. So I mean, I can't stress enough.
- 33:19If you think you have a claim or you think you have an issue and
- 33:21you want to ask a question, call it's called the Peyton Law Firm,
- 33:23or go online to Peytonlawfirm dot com and send us an email and we'll honestly
- 33:29and objectively assess your situation and it's not going to cost anything unless we think,
- 33:34well, you've got a case, then we're going to talk about what
- 33:37sited communication We've got sort of want to bring up on one thing that I've
- 33:42been listening to on the radio, the feet disputes about the opioid settlement.
- 33:47Keeping in mind the state of West Virginia had zero from these opioid manufacturers and
- 33:53distributors until a group of lawyers was hired. There's a lot of political statement
- 33:59about Patrick Moore. See I'm not going to vote for him, but they
- 34:02put out requests for proposals to see who is the most competent and able law
- 34:07firm in the world to handle the case for West Virginia, and they chose
- 34:12the number one firm, and now they're going to pay him, which is
- 34:16a significant amount of money. It's like eighty ninety million dollars, which means
- 34:22we still get almost a billion dollars. Now. I have heard a particular
- 34:29individual who's described as a quote operative say that that conduct on behalf of the
- 34:35General General wasn't truly quote conservative because he hired lawyers who are Democrats. Well,
- 34:40that doesn't have that says that being a conservative means you'll hire the second
- 34:45best or third best and maybe not get a good result just to satisfy someoney's
- 34:52partisan party registration. That doesn't make sense. That's not ideology, that's just
- 34:58raw, stupid partisanship. And I would hope that the person who's given an
- 35:04audience to say that time and time again will rapidly fade from public hearing.
- 35:08Unfortunately it often happens shortly after I leave this building. Anyway, that's my
- 35:15pitch call and ask because the Peyton Law Firm we have an office in night
- 35:20a very nice office. Actually, you can come in. Our staff's quite
- 35:22helpful. If either Tom or I are there, we'll be glad to talk
- 35:27to you that day. If you're not there, we'll get some information ork
- 35:30for a tie up. We'll call you back. We'll set an appointment.
- 35:32Send us an email at Peyton Law Firm dot com. Call us at three
- 35:37oh four seven five five five five five six, and you'll talk to people
- 35:42who like today. I got a caller whose father was a friend of mine
- 35:49when I started practicing forty plus years ago, and a businessman in the Cross
- 35:52Lanes area. So we've got a depth of knowledge about the area and about
- 35:55what goes on that can really help us help you do. That makes sense
- 36:00yeah, that makes sense. That makes sense again. The number at the
- 36:02office is three or four seven fifty five fifty six, three or four seven,
- 36:07five five fifty five fifty six or Peyton Lawfirm dot com. Harvey,
- 36:13good to see you, Good to see you. Maybe next week, yes,
- 36:15next week, yes, well the Tom or I will be here.
- 36:16Tom. Lets you there's going to be another day in March. Well,
- 36:21I if that was will be gone because it's the oldest grandson's last spring break
- 36:25in college, and we're going to go to Florida and go fishing in March.
- 36:29And yeah, Jim Holiday always told me how great it was when Doc
- 36:32was recruiting down in Florida. The judgment go down and Doctor, oh just
- 36:37great, great, I'm looking forward to it. ABC News is next,
- 36:42Thanks Harvey. Good seeing. ABC News is next. And this is five
- 36:45eighty w c HS.