Latest / Ask the Lawyer / 11/20/2025 Ask the Lawyer with Harvey Peyton

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11/20/2025 Ask the Lawyer with Harvey Peyton · Ask the Lawyer

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Speaker 1: Unlock your dream property with Meeks 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 3: Our courts all.
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Speaker 2: Created equal.
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Speaker 4: We're mass come here in a Kate Ray can Rob
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Speaker 4: say tops on.
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Speaker 2: It's Thursday morning at eight twenty. Once again, you do
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Speaker 2: not have to fight the law. You can put the
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Speaker 2: law on your side. Tom Payton from the Payton Law
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Speaker 2: Firm joins us this morning on Ask the Lawyer three
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Speaker 2: or four three four five fifty eight fifty eight is
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Speaker 2: our number. Tom Payton now joins us from a location
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Speaker 2: this morning times out of us studio and joins us
1:01
Speaker 2: on the phone time, Good morning, how are you doing
1:02
Speaker 2: this morning?
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Speaker 3: Good morning? Yeah, I can't give my traffic update this
1:05
Speaker 3: morning because I'm appearing remotely by fire and hate to
1:10
Speaker 3: not be in the studio, but both Dad and I traveled.
1:13
Speaker 3: We're down in the Carolina's came down to watch raw
1:17
Speaker 3: odds and the Mountaineers in the tournament. I guess the
1:21
Speaker 3: event basketball event down here. So we're gonna go to
1:24
Speaker 3: the Clemson game Friday and then see who they play
1:27
Speaker 3: on Sunday. And they're doing really well. Looks like we
1:32
Speaker 3: didn't need daring degrees to come back and coach us
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Speaker 3: this year. So we're we're down here, bright and sunny here.
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Speaker 3: Hopefully you guys are getting decent weather up there in
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Speaker 3: West Virginia.
1:41
Speaker 2: A little bit on the dark and rainy side this morning,
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Speaker 2: but better than it has been the earlier in the week,
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Speaker 2: so it's not too bad today. Good.
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Speaker 3: Yeah. So a whole lot in the news last couple
1:54
Speaker 3: of days from a legal standpoint. One thing that has
1:58
Speaker 3: been in the news lately that I've taken notice of
2:01
Speaker 3: as Department of Highways work in Putnham County, and I
2:07
Speaker 3: know it's been joked about. And then the roundabout project
2:12
Speaker 3: that they were proposing there on Tayese Valley Road, and
2:15
Speaker 3: that was going to be you know, from the crook
2:18
Speaker 3: what we call the Crooked Creek Interchange, which is the
2:20
Speaker 3: newer one maybe built fifteen years ago, ten years ago,
2:25
Speaker 3: all the way to where you think of this where
2:27
Speaker 3: Kroger's is, and they were going to be four roundabouts
2:30
Speaker 3: and expansion of the road, and of course VUH probably
2:37
Speaker 3: in the last few weeks decided not to do the
2:39
Speaker 3: project at all. And there's been a lot of negative
2:44
Speaker 3: commentary really on social media, which if you read social media,
2:48
Speaker 3: are always going to see negative commentary on anything, but
2:51
Speaker 3: about how Putnam County is lost out. They're not progressive.
2:55
Speaker 3: Any other part of the state would have welcomed the
2:58
Speaker 3: project from the Department Highways, and some of the a
3:01
Speaker 3: lot of citizens spoke out against it, folks that live
3:04
Speaker 3: along the road or have businesses along the road that
3:06
Speaker 3: didn't want the roundabout alternative. And I feel like maybe
3:13
Speaker 3: a little explanation on behalf of those citizens is warranted
3:16
Speaker 3: because I was one that was not for this particular
3:20
Speaker 3: project and for a reason though. I mean, I think
3:25
Speaker 3: I've told you before. I've been the chairperson on the
3:30
Speaker 3: Board of Governors for the Dumont Tray County YMCA for
3:33
Speaker 3: a number of years, and of course when you're when
3:35
Speaker 3: you're on the board of a nonprofit charitable organization, you
3:40
Speaker 3: have what's called a produciary duty to that organization. And so, uh,
3:45
Speaker 3: my job in essence is to advocate for the why,
3:49
Speaker 3: and we try and do that the best we can.
3:51
Speaker 3: And in this instance, I don't live along the road.
3:55
Speaker 3: Obviously I traveled frequently to go to the YMCA there,
3:58
Speaker 3: but I was certainly involved in the public commentary about
4:03
Speaker 3: this project. And we've got all the calls. We got
4:06
Speaker 3: calls on the radio, and we got calls at the office.
4:09
Speaker 3: Folks that live and have businesses along the road concerned
4:11
Speaker 3: about how it will affect their business in particular where
4:15
Speaker 3: they could continue to carry on business with this particular project.
4:19
Speaker 3: But for the Y and C, if you haven't been
4:21
Speaker 3: there in Tes Valley and Scott Depot, I encourage everyone
4:24
Speaker 3: to go and check it out. We've got a lot
4:26
Speaker 3: of upgrades and we're going to do a big expansion
4:28
Speaker 3: hopefully next year, with more options for exercise and healthy
4:33
Speaker 3: living for the folks there in Putnam County. But the
4:38
Speaker 3: way you get into the YMCA's one road for Ingress
4:42
Speaker 3: and Egress to tes Valley Road. It's a black top,
4:46
Speaker 3: non lined road, and of course when you exit the
4:49
Speaker 3: Y you can go left or right it's just a
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Speaker 3: normal Tees Valley road right now is just a two
4:55
Speaker 3: lane road with a double center line, no passing on it,
4:59
Speaker 3: no center turn lane in the area of the YMCA.
5:02
Speaker 3: And so I think it was spring, Actually it was winter.
5:07
Speaker 3: February of this year. The Department of Highways put out
5:10
Speaker 3: an ice prow sure they were going to have some
5:13
Speaker 3: public meetings about the project, and and that's when we
5:16
Speaker 3: learned that the roundabout proposal alternatives would prohibit anyone from
5:26
Speaker 3: turning left out of the YMCA or into the YMCA.
5:31
Speaker 3: So if you're traveling from the Hurricane area to try
5:35
Speaker 3: and come to our YMCA, you cannot turn left into
5:40
Speaker 3: the YMCA right the access right, you have to go
5:42
Speaker 3: all the way down to a roundabout I think three
5:46
Speaker 3: quarters of a mile perhaps, and back to get in.
5:49
Speaker 3: And then, of course if you're leaving the why you
5:51
Speaker 3: can't from left because that project called for a solid
5:55
Speaker 3: median all the way down between the different you know,
5:59
Speaker 3: traffic going one direction, then a median that you cannot
6:02
Speaker 3: drive through, and then traffic going the opposite direction. So
6:07
Speaker 3: as you can imagine, they'll you're like me and a
6:09
Speaker 3: lot of people out there sometimes getting to the gym
6:12
Speaker 3: is you need that motivation and right if if it's
6:18
Speaker 3: made less convenient, oftentimes you have people just won't come
6:21
Speaker 3: work out, especially when you know the last ten years,
6:25
Speaker 3: the YMC has had some competition because there's a whole
6:29
Speaker 3: variety of other kind of big box stores we'll call
6:32
Speaker 3: them fitness centers in Kay's Valley in particular, and so
6:38
Speaker 3: we were concerned about folks getting in and out of
6:41
Speaker 3: our facility. We were concerned about the time that would
6:45
Speaker 3: take emergency responders to get there. We do have a
6:47
Speaker 3: pool and gym and you know, waights and things like that.
6:50
Speaker 3: So from time to time with that type of operation,
6:53
Speaker 3: you're going to need emergency services there, and timing can
6:57
Speaker 3: be critical sometimes depending on what's happening health wise. So
7:04
Speaker 3: that road needs some improvement for sure. But reading the
7:12
Speaker 3: brochure that the Department of Highways put out, there were
7:15
Speaker 3: two alternatives there, not just the roundabouts. The other alternative
7:19
Speaker 3: was a center turn lane rather than roundabouts, so it
7:23
Speaker 3: would be like the longer portion of Taes Valley Road
7:27
Speaker 3: in between the Taes Valley accident and the city of Hurricane,
7:31
Speaker 3: and that seemed to be a better fit for the
7:33
Speaker 3: lay of the land, and certainly for the YNCA, so
7:35
Speaker 3: we advocated for that alternative, and the brochure lays out
7:42
Speaker 3: the two alternatives. They cost it out and looks like
7:46
Speaker 3: they did some engineering for both alternatives. The one with
7:54
Speaker 3: the roundabouts is labeled quote the preferred alternative in the brochure,
7:58
Speaker 3: but nowhere does it say that it is the only alternative.
8:02
Speaker 3: In fact, says they developed to build alternatives to address
8:07
Speaker 3: the traffic issues and some safety issues. So the way
8:11
Speaker 3: MCA and other local citizens, at least in my mind,
8:16
Speaker 3: it was, you know, if there's a uploar regarding one
8:21
Speaker 3: of the alternatives or negative about it, they would consider
8:25
Speaker 3: the other alternative. And then three weeks ago I believe
8:30
Speaker 3: something like that, d uh announces that, well, we're just
8:32
Speaker 3: not going to do the project at all because too
8:35
Speaker 3: many people didn't want the roundabout alternative, which I did
8:40
Speaker 3: not think would happen. I thought they would go with
8:42
Speaker 3: the other alternatives. They had studied and published it and
8:46
Speaker 3: made it available. I kind of saw it as well,
8:51
Speaker 3: we prefer the other alternative. This is D eight. So
8:54
Speaker 3: if you won't do that, then we just won't do anything.
8:56
Speaker 3: Kind of like I'm taking my ball and going home
8:59
Speaker 3: when somebody gets upset as a child when they don't
9:01
Speaker 3: get their way, and then there's been all kinds of
9:06
Speaker 3: fallout after that. Since Putnam County went I lose out
9:08
Speaker 3: on probably tens of millions of dollars in road work.
9:11
Speaker 3: But they this week they had a transportation committee meeting
9:17
Speaker 3: and in Putnam County, and I thought that was telling
9:23
Speaker 3: because it was disclosed, I think for the first time
9:28
Speaker 3: as far as I know, that the project was to
9:30
Speaker 3: be funded by federal funds, think up to fifty three
9:33
Speaker 3: million dollars actually, And now they say it had to
9:36
Speaker 3: be used for roundabouts, which I think duh generally is
9:42
Speaker 3: a good neighbor when they do these projects. But nobody
9:47
Speaker 3: likes misrepresentation from government, and I think nobody was ever told.
9:55
Speaker 3: I don't believe the citizens and certainly the YNCA folks
9:59
Speaker 3: officials were never We're told that if we don't go
10:01
Speaker 3: with the roundabout project, then we don't get a project
10:04
Speaker 3: at all. But that apparently was the case all along,
10:07
Speaker 3: so I don't know why they had an alternative. Now
10:12
Speaker 3: there's a person from the Department of Highways who commented
10:14
Speaker 3: in a gazette article this week who claims that I asked, well,
10:22
Speaker 3: why did you put an alternative option in the measure
10:27
Speaker 3: before the people if it wasn't really and we all
10:29
Speaker 3: know what the word alternative means, and the word preferred
10:34
Speaker 3: doesn't mean mandatory in relation to the roundabout option, and
10:40
Speaker 3: it was a Mister White, I think, is the maintenance
10:43
Speaker 3: director of District one that covers that area and claims
10:49
Speaker 3: and with the Gazette this week that the alternate options,
10:53
Speaker 3: which there was only one alternate option as far as
10:55
Speaker 3: I know, included turn lanes instead of roundabouts, but were
11:01
Speaker 3: brought up by the citizens, not the Department of Highways,
11:04
Speaker 3: so they were not considered it needed to include roundabouts,
11:09
Speaker 3: were nothing at all. So I just thought that was,
11:13
Speaker 3: you know, d H is talking about being good neighbors,
11:16
Speaker 3: but in the sense of the good folks at Putnam
11:19
Speaker 3: County who signed petitions and voiced their concern about the
11:24
Speaker 3: roundabouts one. The alternatives were not put forward by citizens
11:30
Speaker 3: at public meetings. They were actually published by the DUH
11:35
Speaker 3: as an alternative with costs, engineering, designs, statistics, et cetera.
11:41
Speaker 3: So that seems to be a misrepresentation or maybe miscommunication
11:44
Speaker 3: for mister White here. And we certainly were not told
11:49
Speaker 3: that if the roundabout preferred alternative was not used, then
11:55
Speaker 3: we just wouldn't have a project at all. So I
11:58
Speaker 3: didn't want to clarify that because a lot of negativity about,
12:01
Speaker 3: you know, as if the you know, the citizens of
12:05
Speaker 3: Putnam County just stunned their nose at an improvement project.
12:08
Speaker 3: But at least from my perspective, you can see the
12:12
Speaker 3: other side of the equation and information that wasn't provided,
12:16
Speaker 3: so that project's not going. There are a lot of
12:21
Speaker 3: projects going in Putnam County and we actually if anyboy
12:25
Speaker 3: out there listening is subject to a condemnation case by
12:28
Speaker 3: the Department of Highways. Condemnation you know, the government has
12:31
Speaker 3: what's called the power of eminent domain. So there's a
12:34
Speaker 3: road project going through. Once it gets approved and is rolling,
12:40
Speaker 3: you know, unfortunately, it's almost impossible to stop the project
12:46
Speaker 3: or get them to reroute it around your property. And
12:48
Speaker 3: most folks don't want to be forced to sell their property.
12:51
Speaker 3: And that's in essence what happens when a road project
12:54
Speaker 3: comes through. But you don't have to accept what Department
12:56
Speaker 3: of Highways offers, and we probably have a half a
12:59
Speaker 3: dozen of those claims going right now. So if anybody
13:02
Speaker 3: has an issue by the condemnation matter or the Department
13:06
Speaker 3: of Highways is making offers to purchase portions of property,
13:10
Speaker 3: you do have options there and we regularly represent folks
13:13
Speaker 3: who are subject to condemnation proceedings. The around It Out
13:17
Speaker 3: project isn't going to get that far at this point
13:19
Speaker 3: because they're not going to do it, but there are
13:21
Speaker 3: various other projects in Puttnam. Un Ultimately you get if
13:25
Speaker 3: you can't agree on an amount that Department of Highways
13:29
Speaker 3: owes you for taking your land. It's not just the
13:33
Speaker 3: value of the land they take, it's also you know,
13:36
Speaker 3: if they take half of your front yard for example,
13:40
Speaker 3: yes there's a value to the land that they took,
13:42
Speaker 3: but there's also damage to the rest of your property.
13:46
Speaker 3: If you have large trucks or traffic twenty feet closer
13:49
Speaker 3: to your front door, then the residue of your property
13:53
Speaker 3: is going to be devalued. And so it's a little complicated,
13:56
Speaker 3: but if anybody has an issue like that pending condemnation
14:01
Speaker 3: cases in Putnam or Cannall County, then certainly that's that
14:04
Speaker 3: is one of the things that we do and regularly litigate,
14:06
Speaker 3: and ultimately you get a set by statue, you actually
14:10
Speaker 3: get a it's a civil trial, but you get a
14:12
Speaker 3: trial with twelve landowners from the county versus six, which
14:16
Speaker 3: is the normal civil case. And we've we've tried those
14:20
Speaker 3: cases with some success, but just kind of wanted to
14:23
Speaker 3: get that out there public service announcement for why some
14:26
Speaker 3: folks like me did oppose the They're roundabout project, but
14:30
Speaker 3: always thinking there was going to be an alternative and
14:32
Speaker 3: certainly did not. It is not against progress there in
14:37
Speaker 3: Putnam County and.
14:38
Speaker 2: Perhaps a little bit of a missed opportunity for the alternative.
14:40
Speaker 3: I guess, yeah, they well, I guess from my standpoint,
14:45
Speaker 3: if DH would have said, we're publishing this alternative, but
14:50
Speaker 3: it's really not an alternative, right, yeah, right, we're not
14:53
Speaker 3: going to do it if we don't do Many times
14:57
Speaker 3: they will not do an alternative. They will just put
14:59
Speaker 3: out here's the project we're going to do. And then
15:02
Speaker 3: they do have public meetings to get input and sometimes
15:04
Speaker 3: there can be you know, fairly minor modifications to accommodate
15:08
Speaker 3: businesses or residences, but no one was told as far
15:12
Speaker 3: as I can tell, that if we don't all approve
15:17
Speaker 3: the roundabout project is proposed by duhs. Then there just
15:22
Speaker 3: won't be one and we'll lose tens of millions in
15:24
Speaker 3: federal dollars to be put into roadwork in Putnam County.
15:27
Speaker 3: And I just wish that would have been known. It
15:30
Speaker 3: might have changed some positions. I'm not sure my position
15:33
Speaker 3: would have changed, but maybe some kind of hybrid rather
15:39
Speaker 3: than either one of the alternatives. But anyway, got that
15:43
Speaker 3: out there this morning. So yeah, I just wanted to
15:47
Speaker 3: kind of take up for the citizens whore getting negative
15:50
Speaker 3: commentary about them and give a little different perspective on that.
15:53
Speaker 2: One does make a lot of sense. I wanted to
15:56
Speaker 2: just for a second ask you about you You mentioned
15:57
Speaker 2: for a few minutes you were talking about condemnation and
16:00
Speaker 2: eminent domain properties, and I know that I've been in
16:03
Speaker 2: a few situations where I've witnessed some people that have
16:05
Speaker 2: tried to, you know, push back against eminent domain. Although
16:09
Speaker 2: I wasn't alive when this happened. My grandmother moved out
16:12
Speaker 2: of out of Beaumont, West Virginia in the Clinton and
16:15
Speaker 2: area back in the fifties or whatever it was, and
16:17
Speaker 2: the first house she bought was basically about where Leo
16:21
Speaker 2: Sullivan Way exit. I think is right now, but it
16:24
Speaker 2: was before the highway, so she actually had her house.
16:28
Speaker 2: She had her property seized through intimate domain, and part
16:31
Speaker 2: of the money that she got from that went into
16:33
Speaker 2: some other money that she had in it bought the
16:35
Speaker 2: house that I eventually when I moved back to West Virginia,
16:37
Speaker 2: I bought and remodeled and things along those lines. But
16:39
Speaker 2: I've been a business owner where I've had other businesses
16:42
Speaker 2: around me that I wasn't unlucky enough to be in
16:45
Speaker 2: the target area of encroachment on properties or eminent domain
16:49
Speaker 2: from a city standpoint and things like that. But I've
16:50
Speaker 2: seen the battle before, so there it is important for
16:52
Speaker 2: you to know. You know, there may not be a
16:55
Speaker 2: whole lot necessarily you can do completely stop, but you
16:57
Speaker 2: don't know unless you seek your options and seek out
16:59
Speaker 2: legal count because it can be very complicated and feel like, hey,
17:03
Speaker 2: there's this immovable force coming right at me and there's
17:05
Speaker 2: just nothing I can do.
17:07
Speaker 3: Yeah, I'll tell you. Sometimes, you know, they send out
17:10
Speaker 3: land agents and things, and sometimes right or wrong, I
17:13
Speaker 3: think folks get the feeling that, you know, whatever they offer,
17:16
Speaker 3: they just have to accept, and that's absolutely not the case.
17:19
Speaker 3: And if you can't reach an agreement. The process of
17:24
Speaker 3: Department of Highways will filow what's called a condemnation case
17:28
Speaker 3: in the circuit court of the county where the property
17:31
Speaker 3: is located, and they usually will dep deposit the amount
17:37
Speaker 3: they've offered the citizen, and in most cases we're able
17:40
Speaker 3: to get that money deposit with the clerk with the
17:42
Speaker 3: court in essence, and in most cases that allows VOHS
17:46
Speaker 3: to go ahead and get the project started, and we're
17:49
Speaker 3: pretty successful in getting that amount for our clients right
17:52
Speaker 3: off the bat. And then the rest of the case
17:55
Speaker 3: is about what additional compensation is, if any, the citizen
18:00
Speaker 3: is entitled to for the government taking their property. Most
18:05
Speaker 3: property rights are just kind of sacred, especially in West Virginia.
18:08
Speaker 3: We have a lot of home ownership and nobody likes
18:13
Speaker 3: to have the government come in and tell you that
18:15
Speaker 3: you have to sell your property in that they're taking it.
18:18
Speaker 3: And you get a lot of family property too. That's
18:21
Speaker 3: you know, maybe in rural areas, has been handed down,
18:24
Speaker 3: you know, generation after generation, and it can be a
18:26
Speaker 3: real affront to those folks to learn that, you know,
18:29
Speaker 3: the government's going to come in and maybe put a
18:32
Speaker 3: road bisect their land or something like that. But but
18:35
Speaker 3: we can help them. Sometimes there's no harm in calling
18:38
Speaker 3: us and asking and and if you'll hold out, there's
18:42
Speaker 3: not a lot of downside if you think the Department
18:45
Speaker 3: Highways is not offering enough money, because you know they
18:48
Speaker 3: file a case against you. It's just about the amount
18:51
Speaker 3: of compensation. And if you don't get a penny more it,
18:55
Speaker 3: you know, you don't don't pay theh's lawyer's fees or
18:57
Speaker 3: anything like that. So there really isn't farm and holding
19:02
Speaker 3: out and seeing if there are other alternatives available. But
19:06
Speaker 3: we handle those bigually. And sometimes there are cases we
19:10
Speaker 3: can't get in because the Toartment Highways offers fair and
19:13
Speaker 3: sometimes we have ways to even handle those on contingency fee,
19:16
Speaker 3: So it doesn't hurt to give us a call meeting.
19:19
Speaker 3: Depending on what we see with the case, we might
19:22
Speaker 3: take it on a contingency so that we don't you
19:28
Speaker 3: don't pay us, and we don't recover our fees or
19:30
Speaker 3: our costs unless we succeed in getting additional money from
19:36
Speaker 3: the Department of Highways. So it's no harm, no foul
19:38
Speaker 3: to give us a call or make an email inquiry
19:40
Speaker 3: if you have some concerns and the Department Highways will
19:43
Speaker 3: give you an itemized statement, you know that sort of
19:46
Speaker 3: justifies how much they're paying and why they're paying it.
19:49
Speaker 3: They won't always give you the full appraisal, but you know,
19:52
Speaker 3: you can see what your neighbors are getting and do
19:54
Speaker 3: comparables and that kind of thing. So they're a little complicated,
19:58
Speaker 3: but but yeah, there's there's going to be multiple households
20:01
Speaker 3: subject to condemnation in Putnam County. Well now there's multiple
20:06
Speaker 3: cases filed, and then we've got a couple with the
20:08
Speaker 3: Cross Lanes Road expansion in Canacking as well. So if
20:11
Speaker 3: you have concerns and the government's taking your property, feel
20:16
Speaker 3: free to give us a call or send an email,
20:18
Speaker 3: and you know those consultations initially we never charge a fee,
20:22
Speaker 3: so we'll be glad to give you some input if
20:25
Speaker 3: you have those concerns.
20:26
Speaker 2: Yeah, you can find out more about the Peyton Law
20:28
Speaker 2: from one line. It's Peyton Law from dot Com p
20:30
Speaker 2: y two and Peyton Law from dot Com. The phone
20:31
Speaker 2: number threes are a four seven, five, five fifty five
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Speaker 2: fifty six. Threes are a four seven, five five fifty
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Speaker 2: five to fifty six. I'll tell you what, Tom, we're
20:37
Speaker 2: about half past the show. Why don't we go and
20:39
Speaker 2: take our break. We'll let the folks. If you have
20:41
Speaker 2: any questions, you can give us a call three zer
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Speaker 2: a four three four five fifty eight fifty eight three
20:44
Speaker 2: four five fifty eight fifty eight. You can also texting
20:46
Speaker 2: your questions if you're in a situation where you can't call,
20:48
Speaker 2: or just prefer to that. Numbers three's are a four
20:50
Speaker 2: non three five five zeros. Your eighth threes are a
20:53
Speaker 2: four non three five five zeros or eight. Tom, if
20:54
Speaker 2: you don't mind holding one for a second, we'll go
20:56
Speaker 2: and take a break and we'll be back after this
20:57
Speaker 2: sounds good, Thanks a lot. That's Tom Payton from the
21:00
Speaker 2: Eath and Law Firm online Peyton Lawfirm dot com P
21:02
Speaker 2: E Y t O N. Peyton Lawfirm dot com. Will
21:04
Speaker 2: take a break and be back right after this. You're
21:05
Speaker 2: listening to ask the Lawyer on five EWCHS the Voice
21:08
Speaker 2: of Charleston.
21:09
Speaker 5: If you've been injured, you need a lawyer who knows
21:11
Speaker 5: West Virginia. Because they live in West Virginia. Tom and
21:15
Speaker 5: Harvey Payton were born and raised here. They've spent decades
21:19
Speaker 5: fighting for injury victims and they know how to get results.
21:22
Speaker 5: At the Peyton Law Firm. You get straight talk, strong representation,
21:27
Speaker 5: and local attorneys who care. Call seven five five fifty
21:30
Speaker 5: five fifty six today or visit Peyton Law Firm dot com.
21:34
Speaker 5: The attorney's referenced in this ad are lifelong residents and
21:37
Speaker 5: are licensed to practice law in the state of West Virginia.
21:39
Speaker 6: As you shop for others, Fourth Avenue Financial invites you
21:42
Speaker 6: to give yourself the gift of professional financial planning. What
21:46
Speaker 6: better way to start the new year than consolidating old
21:49
Speaker 6: four onks, examining your current investments and preparing for retirement.
21:53
Speaker 6: Call me John Burdette at three zero four seven four
21:57
Speaker 6: six seven nine seven seven or contact at Fourth Avenue
22:01
Speaker 6: Financial dot com.
22:02
Speaker 2: Security offer through JNIBU, Call Financial Incorporated member for Finnacific
22:04
Speaker 2: Advisory services offer through JENBU coll Advisors in corporated, JWCO Financial,
22:07
Speaker 2: JWBA Advisors, and Fourth Avenue Financial or unaffiliated entities. Here
22:23
Speaker 2: listening to ask the lawyer on WHS the Voice of Charleston.
22:26
Speaker 2: That's five eight WCHS the Voice of Charles. I want
22:28
Speaker 2: to remind you, if you've been listening to the station
22:30
Speaker 2: of the last week or so, you've probably heard about
22:32
Speaker 2: the Turkey Drop. This is the third annual Turkey Drop
22:34
Speaker 2: that we're doing as a station. It's put on officially
22:38
Speaker 2: through all of our stations here at West Virginia Radio
22:40
Speaker 2: Corporation in Charleston. Rob Reel of ninety six to one
22:43
Speaker 2: KWS is kind of the brainchild of this of this
22:46
Speaker 2: initiative we have going on today. Our parking lot is
22:49
Speaker 2: open now. It's really easy. You can drive through our
22:51
Speaker 2: parking lot. It's a circle so you don't have to
22:52
Speaker 2: get out of the car. If we're taking turkeys. We
22:55
Speaker 2: already have over thirty turkeys. We've just been open for
22:58
Speaker 2: a little over an hour and a half. Now we
22:59
Speaker 2: already we have over thirty turkeys this morning. You're welcome
23:02
Speaker 2: to bring by turkeys. They're also taking cash donations. I
23:05
Speaker 2: believe there's you can use the QR code on your
23:07
Speaker 2: phone as well to make donations. So just come on
23:08
Speaker 2: about eleven eleven Virginia Street. We're here until six o'clock
23:10
Speaker 2: today for the third annual Turkey Drop. It brought to
23:13
Speaker 2: you by Afflatian Power and it's to benefit Union Mission.
23:16
Speaker 2: Tom Payton is just joining me now. He is one location,
23:18
Speaker 2: so he's on the phone. You can give us a
23:20
Speaker 2: call this morning. If you have any questions about the wall.
23:22
Speaker 2: You can put the law on your side this morning
23:23
Speaker 2: with Tom from the Peyton Law Firm. Threes are A
23:25
Speaker 2: four three four five fifty eight fifty eight three four
23:27
Speaker 2: five fifty eight fifty eight. You can also text three
23:29
Speaker 2: zer A four non three five five zero zero eight
23:31
Speaker 2: three zero four non three five five zero zero eight you.
23:34
Speaker 2: Tom's still with me.
23:36
Speaker 3: Yeah, I'm still with you. So that just I'm not
23:38
Speaker 3: there to see the turkey drop. And I think that's
23:40
Speaker 3: through Union mission, correct, That is correct? Yep. Yeah. Is
23:44
Speaker 3: today the only day to donate?
23:47
Speaker 2: Today's the only day we're selecting. We're taking turkeys here
23:49
Speaker 2: where we have staff at the station that's collecting those things. Yes,
23:52
Speaker 2: so it's a twelve hour initiative that we're doing today.
23:54
Speaker 2: We'll do it through six o'clock this evening, and folks
23:57
Speaker 2: are welcome to come by all day long. You don't
23:59
Speaker 2: have to get out of your car an.
24:00
Speaker 3: Actual turkey or do donate money. Yep.
24:02
Speaker 2: You can do either one. You can do either one
24:03
Speaker 2: or both or whatever you want to do. And we've
24:05
Speaker 2: had folks that have that have brought tons of turkeys,
24:07
Speaker 2: this morning. Now, I think that one lady came through
24:10
Speaker 2: and bought ten turkeys and dropped them off already. So
24:12
Speaker 2: there were really and this happens every time that we
24:15
Speaker 2: that we make available the opportunity for West Virginians to
24:18
Speaker 2: help West Virginians. People always show up every time.
24:20
Speaker 3: Yeah, well I'll contact you new mission indirect. Obviously we're
24:23
Speaker 3: not there to deliver turkeys today. Hayton Law firms in
24:27
Speaker 3: on that, so we will. We'll make a donation for sure.
24:31
Speaker 3: Particularly important. I mean most of us, including me, I've
24:36
Speaker 3: had the luxury, have not ever really being really hungry.
24:39
Speaker 3: You know, you can't afford food. Well it's sometimes in
24:44
Speaker 3: college when we were scraping the bottom of the barrel there,
24:47
Speaker 3: but you know, you always had a good parent. My
24:50
Speaker 3: parents are the fallback. So it wasn't we were not
24:52
Speaker 3: going to starve. But to be actually hungry is something
24:55
Speaker 3: most of us don't feel. And I just think, you know,
24:58
Speaker 3: it's what's happened with the GUP shut down. It's going
25:01
Speaker 3: to be particularly important this year. I hope the SNAP
25:03
Speaker 3: benefits are getting going again. I think there was probably
25:07
Speaker 3: some delay and some of them may not come back.
25:10
Speaker 3: You know what they go ahead.
25:11
Speaker 2: No, I just want to say that you bring up
25:13
Speaker 2: a great point there when it comes to not understanding
25:16
Speaker 2: what it's like to be legitimately hungry. I mean, I
25:19
Speaker 2: too have gone through some times when I was single
25:20
Speaker 2: and maybe there, you know, the cupboards were a little
25:23
Speaker 2: bear and I was trying to do some things. But
25:25
Speaker 2: again I mean that I have somebody I could contact
25:28
Speaker 2: because I came from a strong family. Yeah, I could
25:30
Speaker 2: have found some help there some way. But I remember,
25:33
Speaker 2: when I was super young, one of my earliest memories
25:35
Speaker 2: that going to any church at all had nothing to
25:37
Speaker 2: do with the sermon. It was a little lady that
25:39
Speaker 2: was talking to somebody who was upset about something. I
25:41
Speaker 2: can't even remember the context of the situation. I just
25:43
Speaker 2: remember that the lady said to the person that was
25:45
Speaker 2: upset that there's really only two types of people, and
25:48
Speaker 2: we have to understand that it's the people that are
25:51
Speaker 2: hungry and that have to experience that hungry every day,
25:53
Speaker 2: and the people that forgot what it was like to
25:55
Speaker 2: be hungry, and bridging that gap is what it meant
25:57
Speaker 2: to be humanity. And I was like wow, as like
25:59
Speaker 2: a six or older or something, I thought that was
26:01
Speaker 2: profound and it stuck with me ever since.
26:03
Speaker 3: Yeah, in the country like ours, we just shouldn't have hunger. Really,
26:10
Speaker 3: I don't think based upon the lifestyles many of us lead.
26:14
Speaker 3: So so we're going to do our part. I I
26:16
Speaker 3: will reach out direct to actually my brother in law,
26:19
Speaker 3: my sister's husband works at Union Mission there, Brian, and
26:22
Speaker 3: so the one who plays our country grade sir, Oh, yes, yes,
26:25
Speaker 3: that'll coming in. So I'm gonna when I get off
26:27
Speaker 3: the show here, I'm going to make some contact and
26:28
Speaker 3: we'll see how many turkeys Peyton Law Firm can supply.
26:31
Speaker 2: Sounds good. I think we have a color this morning, Tom,
26:33
Speaker 2: great color. We had to put your right on the
26:35
Speaker 2: earn our Drac you. So i' go ahead and identify
26:37
Speaker 2: yourself and what's your question for Tom?
26:39
Speaker 4: Okay, my name is Alan, and I have a kind
26:43
Speaker 4: of an odd deal. I have an active case and
26:46
Speaker 4: what I've been advised and I won't name anybody or whatever,
26:50
Speaker 4: but what my question is, I have a bad loss.
26:54
Speaker 4: I lost a house and property whatever, and we're getting
26:59
Speaker 4: ready hear in a few months ago trial with the
27:01
Speaker 4: mediation and all for me, I was offered much less
27:05
Speaker 4: than half of the money that I've lost would actually
27:08
Speaker 4: be money that I would have gotten in return. And
27:13
Speaker 4: I've been advised kind of I'm a lawyer more or less. Hey,
27:18
Speaker 4: just go ahead and take it. You don't want to
27:19
Speaker 4: take a chance on going to trial. And my question is,
27:23
Speaker 4: if in fact we go to trial, is there an
27:25
Speaker 4: opportunity for me to get what I lost and above that,
27:29
Speaker 4: get the expenses that the lawyers and whatever it cost me.
27:33
Speaker 3: Sure? And of course you know this is an informational show,
27:37
Speaker 3: not particular legal advice on our show, and you know,
27:40
Speaker 3: might I'm always hesit, just you know, I will not
27:42
Speaker 3: be able to assess your case like the lawyer that
27:44
Speaker 3: you have hired. But could you explain if you don't
27:49
Speaker 3: mind when you say a loss, could you get what's
27:52
Speaker 3: the nature? Was it a fire or was it a
27:54
Speaker 3: what's the nature of the laws? No?
27:57
Speaker 4: Actually a company went below me and cause a slip
28:02
Speaker 4: on my part. Okay, Yeah, Ultimately I lost my house
28:06
Speaker 4: and I got away from it. Now. Yeah, And what
28:10
Speaker 4: I'm worried about is if we go to trial and
28:13
Speaker 4: I get to give you know, knocking you haul lawyers.
28:16
Speaker 4: You got to make money, and it costs money to
28:18
Speaker 4: build a case and whatever but when they're telling me, hey,
28:22
Speaker 4: that's common, you don't get any more than what you
28:24
Speaker 4: actually lost. You can't ask for money for expensive legal
28:29
Speaker 4: fees and expences like that above and beyond what you lost.
28:34
Speaker 3: Yeah, so I will give you some general information, not
28:38
Speaker 3: knowing that any more details about your case now, But
28:40
Speaker 3: we've handled quite a few of those.
28:41
Speaker 2: Cases over the years.
28:42
Speaker 3: What you see in our terrain in West Virginia, sometimes
28:46
Speaker 3: you just have slips. It's just the nature of the
28:48
Speaker 3: geography gets saturated to what you know, climate change is
28:51
Speaker 3: changing things a bit, and it's nobody else's fault and
28:54
Speaker 3: hopefully you have your own insurance to cover that butt.
28:57
Speaker 3: I think what you're talking about, which we've handled many
29:00
Speaker 3: of these cases. We see folks maybe cut the toe
29:03
Speaker 3: out of a hillside for a house site, for a
29:06
Speaker 3: site for a business, and then that removes and naturally
29:10
Speaker 3: the toe the bottom of the hill is providing lateral
29:13
Speaker 3: support to structures and land that are above it. And
29:19
Speaker 3: actually there's some case law and we've succeeded in arguments
29:23
Speaker 3: that in essence, if you remove the toe of property
29:26
Speaker 3: and as long as it's rather obvious that's what caused
29:31
Speaker 3: the slip and your damage. Usually that's strict almost strict liability,
29:36
Speaker 3: meaning the person who did the earthwork is absolutely irresponsible
29:41
Speaker 3: for it, either the property enter or our contractor, or
29:44
Speaker 3: a combination of them. Now, in those type cases, that's
29:47
Speaker 3: a property lost case and so ordinarily arises from simple
29:54
Speaker 3: negligence on their part, maybe they didn't do proper engineering
29:57
Speaker 3: or soil testing. In negligent cases, negligence where there's no
30:03
Speaker 3: intent to harm, with few exceptions, and I think on
30:06
Speaker 3: that type case, the advice you've been given that you
30:10
Speaker 3: can't get your lawyer's fees on top of what other
30:15
Speaker 3: damages is accurate. It's the American rule that each side
30:18
Speaker 3: pays their own lawyer, and of course, you know you
30:22
Speaker 3: probably have done this on a contingency fee. Sometimes just
30:25
Speaker 3: contingency fees are very good because it gives ordinary citizens
30:29
Speaker 3: that don't have the ability to pay tens of thousands
30:32
Speaker 3: of dollars up front or maybe even six figures and
30:35
Speaker 3: attorney fees to hire lawyers who can fund the case
30:39
Speaker 3: and compete with you know, we can compete with the
30:41
Speaker 3: biggest casually insurers in the world, and we have regular
30:44
Speaker 3: citizens that can come to us and we fund them.
30:46
Speaker 3: So you always have that. If you win, though, then
30:50
Speaker 3: of course the client pays a percentage of what's recovered,
30:54
Speaker 3: and ordinarily you don't get your lawyer's fees on top
30:57
Speaker 3: of that. Now, on property loss claims, as a general matter,
31:02
Speaker 3: you should get made whole, meaning anything out of block.
31:07
Speaker 3: If it ruined your property and it can't be rebuilt
31:10
Speaker 3: like a home or a structure, then you know the
31:14
Speaker 3: full value of your property. If it's been diminished basically
31:17
Speaker 3: to nothing, should be paid.
31:19
Speaker 4: Right.
31:20
Speaker 3: You also have not lawyer's fees. But if you, in
31:25
Speaker 3: my opinion, if that case were to be tried to
31:27
Speaker 3: a jury, there would be an element of what they
31:30
Speaker 3: call general damages. So you have your specific amounts, like
31:34
Speaker 3: let's say you paid a contractor to remediate your property.
31:37
Speaker 3: Maybe you had to put a retaining wall or pilings
31:39
Speaker 3: in or something, so that's your hard numbers. But you
31:42
Speaker 3: also get to tell the jury, hey, this has been
31:45
Speaker 3: three years where I've had to have a alternative housing.
31:48
Speaker 3: You know, maybe we stayed in the structure for a
31:50
Speaker 3: while and we were worried it was going to slide
31:52
Speaker 3: down the hill. And it's really your your aggravation, annoyance
31:58
Speaker 3: and inconvenience type general damages for having to deal with
32:01
Speaker 3: the entire situation. In my opinion, you get to go
32:04
Speaker 3: before a jury and talk about all that, and then
32:07
Speaker 3: those six people when they go back to deliberate, should
32:11
Speaker 3: have a blank for general damage, which in West Virginia
32:14
Speaker 3: you can't ask for a certain amount in general damage.
32:17
Speaker 3: So the jury, here's your story or your testimony and
32:21
Speaker 3: your evidence, and they go back and let's just say
32:24
Speaker 3: your property is worth one hundred grand and it's ruined,
32:27
Speaker 3: So there's one hundred grand that they should give you.
32:29
Speaker 3: Then there's another blank if they feel it's appropriate for
32:33
Speaker 3: the jury to award you some general amount that those
32:36
Speaker 3: six people come up with for having to go through
32:40
Speaker 3: this aggravation and be in litigation. And it's really rather broad,
32:46
Speaker 3: and you can't say to a jury. The lawyer can't say,
32:49
Speaker 3: and we want a million dollars for that. The law
32:52
Speaker 3: in West Virginias you can't suggest a particular amount, but
32:57
Speaker 3: the jurors can award you whatever where they feel is appropriate,
33:01
Speaker 3: as long as it's based on the evidence. And so
33:04
Speaker 3: when we were careful on property damage claims or we
33:07
Speaker 3: you know, the ultimate goal was to satisfy the client
33:10
Speaker 3: and of course, you want the client to be able
33:13
Speaker 3: to recover net after lawyer's fees and costs, you know,
33:16
Speaker 3: enough to get their property repaired or replace it with
33:19
Speaker 3: some different property after the lawyer's fees and things are
33:22
Speaker 3: taken out. That's the ultimate goal, and the way you
33:25
Speaker 3: have to get there sometimes is that general damage, because
33:29
Speaker 3: nobody knows what the jury is going to do with
33:31
Speaker 3: that until the jury comes back. So you know, the
33:34
Speaker 3: defense may be arguing, well, this isn't you know, he
33:38
Speaker 3: moved over here to a family, he's residents, and it
33:41
Speaker 3: really wasn't inconvenience that much, so we don't think a
33:43
Speaker 3: jury will give them very much. And of course you
33:45
Speaker 3: obviously have worried and head stressed and or in litigation
33:50
Speaker 3: over this, so you think it should be a significant amount,
33:52
Speaker 3: but nobody knows until the jury comes back who's right,
33:56
Speaker 3: and it might be somewhere in between. But that risk
33:59
Speaker 3: is what often tons gets cases resolved without having to
34:03
Speaker 3: go to the jury. And there's a compromise because nobody
34:05
Speaker 3: knows how the jury will come back, and so the
34:09
Speaker 3: hope is on those cases when we handle them, is
34:12
Speaker 3: that we're going to be able to prove enough general damages,
34:15
Speaker 3: so that when we take our percentage out, presuming it's
34:17
Speaker 3: a tendency fee case, that when we give the check
34:22
Speaker 3: to our client after deductions, they're going to have sufficient funds,
34:27
Speaker 3: hopefully more than sufficient funds to replace or repair their
34:30
Speaker 3: property and move on. And that's that's it. In a nutshell.
34:35
Speaker 3: I can't really comment on what you should do, because
34:37
Speaker 3: I'm not the lawyer in your case, but that's that.
34:41
Speaker 3: You know, if you're being told you can't win your
34:43
Speaker 3: lawyer's fees back, that in all likelihood is an accurate statement.
34:49
Speaker 3: If you're being told that there's no option to get
34:52
Speaker 3: anything more than like out of pocket expenses, that's probably,
34:58
Speaker 3: as a general matter, not not accurate, but true. You know,
35:02
Speaker 3: I don't know, I don't know the facts of your
35:04
Speaker 3: I'm not saying another lawyer is not telling you the
35:06
Speaker 3: truth because I don't know enough about your right about
35:08
Speaker 3: your case. But as a you know, as a general matter,
35:10
Speaker 3: that's how it works. And so you know, it can
35:12
Speaker 3: be tough. You know that the more the more frequent,
35:15
Speaker 3: you know, we get our automobiles that are damaged and
35:18
Speaker 3: and that kind of thing. I mean, it's another person's fault.
35:20
Speaker 3: They were in the rear end you or something. You know,
35:22
Speaker 3: it's difficult sometimes the hire lawyers for those cases because
35:25
Speaker 3: if a lawyer is getting let's say one third, which
35:27
Speaker 3: is kind of conventional, it's difficult to recover enough. You know,
35:31
Speaker 3: where the lawyer gets a third and you have enough
35:33
Speaker 3: to repair your vehicle or replace it. But if it's
35:36
Speaker 3: been a sub significant link to time since the wreck,
35:40
Speaker 3: I mean every day you don't have the vehicle that
35:42
Speaker 3: you would driving before opens, you know, the door for
35:46
Speaker 3: potential general damages, which sometimes can allow us to recover
35:49
Speaker 3: enough to make sure we get our our client money
35:53
Speaker 3: to actually get their vehicle repaired. So there's a lot
35:55
Speaker 3: of dynamics to it. So I don't want to comment
35:56
Speaker 3: on what other lawyers are telling you, but that's how
35:59
Speaker 3: we view them in a nutshell. And so we've handled
36:03
Speaker 3: probably dozens of landslip cases just like that, where somebody's
36:09
Speaker 3: just kind of fast and loose and you know, dozes
36:13
Speaker 3: out the toe of the hillside and all of a sudden,
36:15
Speaker 3: here come cracks up the hill and there's somebody living
36:17
Speaker 3: there that's the problem. Yeah, So hopefully that lot gives
36:21
Speaker 3: you some guidance, but you really got to rely on
36:23
Speaker 3: the lawyers that are handling it.
36:24
Speaker 2: Colin, we're going to have to cut you loose here
36:26
Speaker 2: pretty soon here as well. We're coming up to the
36:28
Speaker 2: end of the show.
36:29
Speaker 4: Thank you so very much, appreciate it.
36:31
Speaker 2: Hey, we appreciate your time and listening this morning. Thank
36:32
Speaker 2: you so much. Great information there for Tom answering a
36:35
Speaker 2: very specific question in a general way that if you're
36:37
Speaker 2: out there listening to this, that really gave you some massive,
36:40
Speaker 2: massive information to take action maybe the next time this
36:43
Speaker 2: happens to you, because that's a very unfortunate situation.
36:46
Speaker 3: Yeah, it's bad that you'd be surprised.
36:48
Speaker 4: You know.
36:49
Speaker 3: There's recovering money can be difficult too if you don't
36:51
Speaker 3: have a business Leather's side that has assets. But oftentimes
36:57
Speaker 3: if somebody just kind of hires a contractor to do it,
36:59
Speaker 3: or they rent a dozer and do it themselves, there
37:02
Speaker 3: is We've been pretty successful in having that person's hume
37:07
Speaker 3: owners insurance actually pay if they were negligent. So there's
37:10
Speaker 3: sometimes there is a source of funds to recover. But
37:13
Speaker 3: that's always a concern too if you just have a
37:15
Speaker 3: fly by night person coming there and does out of
37:18
Speaker 3: hillside and then you know, if they don't have assets.
37:21
Speaker 3: That can be another important factor about whether to settle
37:23
Speaker 3: your case or not, because people don't think about that.
37:26
Speaker 3: You go and win in court, or you don't put
37:28
Speaker 3: your ATM card in and get your your award. Sometimes
37:31
Speaker 3: you have to go in and try and collect it,
37:34
Speaker 3: which can be a whole different set of litigation, which
37:39
Speaker 3: actually we see play out quite a bit with our
37:41
Speaker 3: Senator Justice because you know, as we've seen over the years,
37:44
Speaker 3: a lot of the litigation involving him and his debts
37:46
Speaker 3: has been folks chasing money where it's clear he owes
37:49
Speaker 3: money or his companies do, but actually collecting it is
37:53
Speaker 3: the uh is the hard part. So there's a lot
37:55
Speaker 3: of dynamics of those cases, and I never, you know,
37:58
Speaker 3: do my best not this you can't. I cannot second guests.
38:02
Speaker 3: Council that's in the case have been hired, but but
38:05
Speaker 3: I can't say that we do those type cases. So
38:07
Speaker 3: any out there is listening and wants helped from us,
38:10
Speaker 3: that is the kind of work that we do.
38:13
Speaker 2: That's great information. Of course in the Payton Law firm,
38:15
Speaker 2: let me make sure we get the information out there. We're
38:17
Speaker 2: coming up towards the end of the show, and we
38:18
Speaker 2: want to make sure you can get ahold of the
38:19
Speaker 2: Pathon Law firm if that's what you want to do.
38:21
Speaker 2: Of course, located in Nicro, West Virginia. You can find
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Speaker 2: more information online. It's Payton Lawfirm dot com, Peyton Lawfirm
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Speaker 2: dot com. That's p E y Tu and Peyton Lawfirm
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Speaker 2: dot com and you can you can also call them
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Speaker 2: on the phone, just like the pioneers did at threes
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Speaker 2: are a four seven five five fifty five fifty six.
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Speaker 2: Threes are a four seven five five fifty five fifty six.
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Speaker 2: You can leave an email over there. Find out all
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Speaker 2: the information about the Payton Law Firm, located in Nitro,
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Speaker 2: West Virginia, on the radio every Thursday morning at eight
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Speaker 2: twenty right here on five ADWCHS the Voice of Charleston.
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Speaker 2: Except I should say next Thursday is Thanksgiving and traditionally
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Speaker 2: you guys take Thanksgiving off.
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Speaker 3: Yeah, we will skip Thanksgiving, I'm sure again this year.
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Speaker 3: So everybody have a happy Thanksgiving. And the Mountaineers this
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Speaker 3: week we travel a long way to see them within
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Speaker 3: a couple of games down here.
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Speaker 2: Hey, good luck. We look forward to the report the
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Speaker 2: next time we talk to you. Tom, take care. Happy
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Speaker 2: Thanksgiving to you and Harvey. We'll talk to you when
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Speaker 2: you come back. Thank you, Thanks a bunch. That's Tom
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Speaker 2: Payton for the Peyton Law Firm. Have a great day everyone.
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Speaker 2: I'm Del Cooper and this is five eight w CHS.
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Speaker 2: We are the voice of Charleston.
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Speaker 5: Fighting WCS at six point five on Charleston one oh
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Speaker 5: four point five Cross Lane, a WVRC media station.
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Speaker 2: We're proud to live here too.