Latest / WCHS Network Podcasts / 03/13/2025 Ask the Lawyer with Tom Peyton

Transcript

03/13/2025 Ask the Lawyer with Tom Peyton · WCHS Network Podcasts

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  Speaker 1: Unlock your dream property with meex Realty Group, where rich
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  Speaker 1: residential or commercial. We've got Charleston to Huntington covered. Your
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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 paytent on the side. We have
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  Speaker 3: a court room experience of such a need. We never
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  Speaker 3: give up. We're prepared to fight for your rights. When
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  Speaker 3: you need action.
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  Speaker 4: Count on us.
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  Speaker 3: What the power of paytron on your side, the power
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  Speaker 3: of pay.
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  Speaker 5: Every plus it affording to you. You can put the power
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  Speaker 5: of patent on your side this morning. Three zero four
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  Speaker 5: three four five fifty eight fifty eight three zero four
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  Speaker 5: it's the office line number. Threes are four three for
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  Speaker 5: two eight one three one. Threes are four three four
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  Speaker 5: two eight one three one. You could put the power
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  Speaker 5: of faeton on your side. This morning. Tom Peyton is
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  Speaker 5: in the studio with this morning, Tom, good morning, how
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  Speaker 5: you doing this morning?
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  Speaker 4: I'm doing great. How you doing down?
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  Speaker 5: Not too bad? It's uh. The one thing that's nice
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  Speaker 5: is that this week the weather's been nice. It's just
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  Speaker 5: been nice to go out.
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  Speaker 6: Went to the Meek's Mountain Trails yesterday, actually riding my
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  Speaker 6: mountain bike around, So it was good to get out.
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  Speaker 4: It's nice and dry out there.
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  Speaker 6: The trails of weathered the winter, even though it was
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  Speaker 6: a fairly significant winter as far as weather goes, really well.
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  Speaker 6: So uh, in daylight saving times back in spring is coming.
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  Speaker 6: So if we can just get this legislative session over
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  Speaker 6: and move on beyond that, we'll be uh looking good.
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  Speaker 5: So yeah, really, uh, I like this time of year
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  Speaker 5: because uh, this is probably still a little bit of
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  Speaker 5: a false spring where probably I don't know if we're
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  Speaker 5: going to be straight up from here or not. But
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  Speaker 5: I'm ready to do my yard working stuff, you know.
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  Speaker 6: Yeah, I started some yardwork Saturday. Yeah, you think we'd
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  Speaker 6: get one more cold spell, but you never know. It'supposed
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  Speaker 6: to be really warm next week because I understand like
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  Speaker 6: maybe some record heat in certain areas.
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  Speaker 5: Of course. Yeah, that's the thing is. Yesterday I was
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  Speaker 5: coming to work, I was like, it's really really nice,
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  Speaker 5: but I hope this doesn't mean one hundred and ten
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  Speaker 5: degree days in August.
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  Speaker 6: Yeah, and dry. You know, this is fire season, so
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  Speaker 6: I think I think it kicked in. You know, so
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  Speaker 6: you can only burn at certain very limited hours of
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  Speaker 6: the evening in certain days, so be careful about that.
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  Speaker 6: But yeah, maybe we'll get some calls this morning before
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  Speaker 6: we get got a couple of topics to talk about,
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  Speaker 6: I think that are in the news. Before we get
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  Speaker 6: rolling on that, maybe I'll tell everybody kind of what
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  Speaker 6: we do to extent. You don't know I from listening
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  Speaker 6: to our show, but we'll we talk about current events
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  Speaker 6: and some white politics here. Really what we do primarily
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  Speaker 6: at our office, I guess it's kind of say it's
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  Speaker 6: our bread and butter would be uh. Injury type work,
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  Speaker 6: and that's on the plane of side. So if you've
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  Speaker 6: been hurt in an automobile accident, you can't deal with
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  Speaker 6: the automobile insurance or you're not sure about it, that's
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  Speaker 6: the kind of cases that we handle. If you've been
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  Speaker 6: hard financially, insurance company won't pay life insurance claim, You
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  Speaker 6: have a dispute regarding an a state matter, and you
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  Speaker 6: need a lawyer to help you with that, that's what
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  Speaker 6: we do, and generally those type cases H one, we
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  Speaker 6: never charge for an initial consultation, So if you call
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  Speaker 6: in or email our office, you're not going to receive
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  Speaker 6: a bill. You will not receive a bill from our
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  Speaker 6: office unless we have some formal agreement that we're going
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  Speaker 6: to be representing you. So if you just need some information,
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  Speaker 6: there's no harm in calling. But ultimately, if we handle
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  Speaker 6: the type of cases I just described, they're all contingency fees,
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  Speaker 6: so it's it's no cost to you unless we recover,
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  Speaker 6: and then if we do recover, there's some percentage that
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  Speaker 6: we receive and then you would receive the balance. Some
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  Speaker 6: other cases that we do don't talk about a whole
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  Speaker 6: lot of so security disability all we got to call.
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  Speaker 5: We're going to go to the line and we have
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  Speaker 5: a phone call for Tom Payton's call in this morning.
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  Speaker 5: Good morning caller, you're on there. What's your first name?
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  Speaker 7: Mike?
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  Speaker 5: Ay there, Mike, what's your question for Tom?
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  Speaker 8: I've got a kind of a real estate question calling
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  Speaker 8: for a friend. He has a neighbor across a state
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  Speaker 8: maintained road from him.
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  Speaker 5: That has.
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  Speaker 8: Very large trees that are getting ready to fall. And
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  Speaker 8: just wondering who would be responsible if that tree would
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  Speaker 8: fall on his house and do damage to his house.
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  Speaker 8: The neighbor lives across a like I say, a state
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  Speaker 8: maintained road through the neighborhood, and there's these trees are
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  Speaker 8: like one hundred and twenty five feet tall, and he's
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  Speaker 8: concerned that they're going to fall on his house. Yeah,
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  Speaker 8: so he was wondering how to take care of that.
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  Speaker 4: Yeah, pretty common concern.
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  Speaker 6: And the trees are growing on private property, not within
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  Speaker 6: the what is likely the state right away? Correct, Okay,
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  Speaker 6: in the state right away generally goes beyond the roadbed.
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  Speaker 4: So uh but if that's if that is the set
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  Speaker 4: of facts.
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  Speaker 6: Then so trees falling, in my experience, are generally based
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  Speaker 6: on you know, if somebody is at fault for their
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  Speaker 6: tree that are negligent for a tree with a tree falling,
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  Speaker 6: then they have some responsibility. So it's based on fault.
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  Speaker 6: So what he can do unfortunately, absent filing. I mean
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  Speaker 6: he could file a lawsuits saying this is a nuisance,
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  Speaker 6: this is a danger. Circuit court, I want you to
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  Speaker 6: order neighbor A to remove his tree because it's dangerous
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  Speaker 6: and it's imminent I've never done that because it's cost
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  Speaker 6: prohibitive for people to go and file that type of case. Now,
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  Speaker 6: at the same time, he would want to make sure
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  Speaker 6: that his neighbor is aware of his concerns, and any
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  Speaker 6: way in which he can do that that he can
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  Speaker 6: confirm later is sufficient certified mail, letter, talking in person,
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  Speaker 6: if you maybe have a witness with you or something,
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  Speaker 6: letting that neighbor know that, hey, this tree is leaning,
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  Speaker 6: this tree is rotten, this tree has other problems that
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  Speaker 6: pose a significant risk to my property. What he's done
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  Speaker 6: there is he's put that personal notice, and so once
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  Speaker 6: they have notice of a problem, then if it falls,
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  Speaker 6: he would have at least a good argument that that
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  Speaker 6: person was negligent in not trimming their tree or otherwise
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  Speaker 6: taking care of it so it doesn't fall in harm
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  Speaker 6: his property.
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  Speaker 4: Absent that.
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  Speaker 6: If it's just a you know, otherwise generally healthy tree
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  Speaker 6: and there's a big storm and it falls, then normally
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  Speaker 6: he would look to his own homeowner's insurance company to
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  Speaker 6: help him with that situation as far as damage to
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  Speaker 6: his home. But if he's seeking redress from the neighbor,
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  Speaker 6: he needs to let them know that there's a potential
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  Speaker 6: problem and that's absent found in the lawsuit I described earlier,
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  Speaker 6: which again is is almost always cost prohibitive. Uh, that's
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  Speaker 6: that's what he can do to take action if it's
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  Speaker 6: in the right of way.
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  Speaker 4: He can not to notify do oh. I mean they can.
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  Speaker 6: They can trim their right away and you know, from
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  Speaker 6: the ground up basically, so if it extends over the
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  Speaker 6: public road, and that's something that the Department of Highways
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  Speaker 6: would have jurisdiction over it, you know. I mean, I
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  Speaker 6: don't know how much movement you'll get from them on
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  Speaker 6: something like that when we have all these potholes going
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  Speaker 6: on right now. I'm sure they're innundated with calls and
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  Speaker 6: communications about that. But yeah, that's that's an opest, really
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  Speaker 6: common question, and you just.
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  Speaker 4: Hope the neighbor. It resonates with the neighbor and maybe
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  Speaker 4: they'll take care of it.
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  Speaker 6: Honestly, because of the risk and because of of you know,
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  Speaker 6: the problems that could cause him if it falls. I mean,
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  Speaker 6: even some kind of split of the cost to remove
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  Speaker 6: the trigger trim it wouldn't be a bad idea, meaning
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  Speaker 6: he could contribute a little bit to getting that done.
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  Speaker 6: Now what you find are what I found sometimes is
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  Speaker 6: that the neighbor that where the tree is growing may say, well,
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  Speaker 6: that's not a.
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  Speaker 4: Big deal, that tree is not a problem.
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  Speaker 6: And and if that's the attitude, at least he's still
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  Speaker 6: put them on notice. He can't absent lawsuit, really make
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  Speaker 6: them remove or trim the tree. And of course in
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  Speaker 6: that situation, time will tell, which doesn't give you your
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  Speaker 6: friend very much peace of mind when he's sleeping at
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  Speaker 6: night and worried about it. You know, this big wind
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  Speaker 6: comes through abo whether the tree is going to fall
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  Speaker 6: in his house or not. But those are the neighbor.
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  Speaker 6: Maybe they can come together and reach some agreement on
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  Speaker 6: having the tree removed so it isn't a danger.
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  Speaker 8: Yeah, he doesn't want to have any hard feelings with
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  Speaker 8: his neighbor, and he has thought to the neighbor. But
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  Speaker 8: the neighbor doesn't, you know, feel that it's it's really
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  Speaker 8: necessary right now to the would the state road to
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  Speaker 8: have any responsibility being that my friend's property is actually
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  Speaker 8: not adjacent to the other property, there's a road in between.
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  Speaker 8: What would the state road not have some responsibility there?
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  Speaker 6: Well, probably not if the tree is not growing. That's
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  Speaker 6: why I was asking whether the tree was growing within
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  Speaker 6: the the legal right of way for the for the road,
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  Speaker 6: and if it's not, I'm not aware. If it falls
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  Speaker 6: across a public road and hits your friend's home, I
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  Speaker 6: still think if there is responsibility or fault, it's going
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  Speaker 6: to be on the homeowner where the tree originated. Now,
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  Speaker 6: if it's leaning, you know it's leaning, and it's over within.
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  Speaker 6: It may not grow from the ground up from the
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  Speaker 6: DUH right away, but if it's leaning over it, I
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  Speaker 6: think DUH would have the option to trim it back,
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  Speaker 6: but that would in my mind, that would be a
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  Speaker 6: stretch to make the state lible for a tree that
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  Speaker 6: grows from someone else's property. And of course, and your
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  Speaker 6: friend owns from the ground up. And a lot of
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  Speaker 6: times I get these calls where they are adjoining properties
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  Speaker 6: so there's nobody, no dah right away in between them
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  Speaker 6: or any other property. And then you own from your
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  Speaker 6: boundary line to the sky, so you can actually go
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  Speaker 6: and you know, trim a tree to the extent it's
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  Speaker 6: on your side of the line, even though it originates
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  Speaker 6: from another person's property, which can be hard to do.
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  Speaker 6: And it's just like any case with neighbors. I mean,
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  Speaker 6: if you can talk to them and work out something.
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  Speaker 6: That's why I said, even a little call split for
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  Speaker 6: a tree removal company wouldn't be a bad idea for
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  Speaker 6: your friend just to get the issue resolved, because obviously
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  Speaker 6: what I referenced earlier is happening is the is the
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  Speaker 6: property inner where the tree originates. It doesn't think it's
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  Speaker 6: as big a risk as your friend does. And so well,
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  Speaker 6: maybe in light of that, hey, how about we split
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  Speaker 6: the cost to have it trimmed back or cut down.
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  Speaker 6: And I know your friend will say, well, that's not
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  Speaker 6: my responsibility, but at the same time, it's just the
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  Speaker 6: reality of the real that might be a good way
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  Speaker 6: to compromise.
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  Speaker 4: And and if Julie.
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  Speaker 6: Want to stay on good terms with your neighbors, because
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  Speaker 6: the bad neighbor cases I've had over the years are
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  Speaker 6: are very difficult to resolve once usually somebody has to
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  Speaker 6: move before you. Very rarely do they reconcile and get
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  Speaker 6: back together. And you know, from bounded on disputes to
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  Speaker 6: trees like you're talking about. So if you can just
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  Speaker 6: have some conversation with between them, maybe they can work
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  Speaker 6: some kind of deal out and get the practical problem resolved. Okay, Hey,
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  Speaker 6: thanks for the call.
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  Speaker 5: I appreciate the phone call. That's going to leave the
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  Speaker 5: phone line open for you if you want to get
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  Speaker 5: in and talk to Tom Peyton from the Peyton Law
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  Speaker 5: Firm three zero four three four two le one three
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  Speaker 5: to one three four two eight one three one. You
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  Speaker 5: can also text over questions if you have one to
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  Speaker 5: three zero four nine three five five zeros or eight.
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  Speaker 6: Yeah, and that kind of situation, you know, we get
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  Speaker 6: it's actually a pretty pretty common question we get on
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  Speaker 6: the radio. We've had it probably dozens of times here. Uh,
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  Speaker 6: but take that that situation, and so you know, if
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  Speaker 6: you don't put your neighbor on notice with the tree
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  Speaker 6: falls and damses, is your home or your garage or
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  Speaker 6: your car, let's say, maybe your own insurance company refuses
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  Speaker 6: to pay some aspect of that of claim. That's kind
• 12:07
  Speaker 6: of the type of case that we might handle. So
• 12:10
  Speaker 6: if you have a situation like that, you can send
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  Speaker 6: us an email and describe it and we'll let you
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  Speaker 6: know our opinion or give us a call. But there
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  Speaker 6: is opportunity, at least in West Virginia that stands now
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  Speaker 6: even if you have a fairly small claim, because you
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  Speaker 6: might most most contingency fee agreements with lawyers. Depending on
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  Speaker 6: the type of case, more difficult ones, that can be
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  Speaker 6: a higher percentage. In some situations it can be a
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  Speaker 6: little lower percentage, but normally the lawyers get paid one
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  Speaker 6: third of whatever the recovery is if you have an injury.
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  Speaker 6: You can imagine if you just have a property damage claim,
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  Speaker 6: it's real hard to one get lawyers to handle them
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  Speaker 6: because there's a finite amount of damage. You don't have
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  Speaker 6: quick pain and suffering, and you can have some general
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  Speaker 6: damages for your aggravation, but those economically don't make a
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  Speaker 6: lot of sense for you or for the lawyer because
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  Speaker 6: what you can recover is limited to a certain extent
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  Speaker 6: to the cost or repair or replacement or something like that.
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  Speaker 6: And obviously, if you've got to pay a third out
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  Speaker 6: to your lawyer, because generally you pay you're a lawyer,
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  Speaker 6: you don't get lawyer's fees on top of winning your claim.
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  Speaker 6: So if you have a garage that was you know,
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  Speaker 6: hit by a tree and damaged, and it costs five
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  Speaker 6: thousand dollars to repair it, well, most likely you're not
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  Speaker 6: going to get much more than that.
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  Speaker 4: If you see your neighbor.
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  Speaker 6: And and you know you might not win that case
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  Speaker 6: because it depends on the factors I just recited to
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  Speaker 6: Mic there So and if you pay one third to
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  Speaker 6: a lawyer, you don't have enough money left to get
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  Speaker 6: your garage fixed.
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  Speaker 4: So but.
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  Speaker 6: Where we can come in sometimes and help is even
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  Speaker 6: if you have a fairly small claim. When you buy
• 13:53
  Speaker 6: your own insurance, you don't buy litigation. You don't buy
• 13:56
  Speaker 6: a fight with your insurance company. You buy you should
• 13:59
  Speaker 6: be buying peace of mind. And because I sound like
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  Speaker 6: an insurance salesman now, but that's right. You know they're
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  Speaker 6: your own insurance company has different legal duties to you
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  Speaker 6: than somebody else's insurance company, for example, And and maybe
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  Speaker 6: the easier example will be automobile accident. You know you
• 14:17
  Speaker 6: if you make a claim against you're an automobile ensure
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  Speaker 6: for rental or something like that, then they got to
• 14:25
  Speaker 6: treat you different than if it's somebody else's insurance company.
• 14:28
  Speaker 5: Got another call, another caller club, all right, so go
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  Speaker 5: ahead and bring them on the air. Caller, Good morning,
• 14:32
  Speaker 5: what's your first name?
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  Speaker 9: Uh? This is Jim Douglas, judge here in Nall County.
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  Speaker 5: Douglas, How are you doing this morning?
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  Speaker 7: Really good?
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  Speaker 9: I have a question for mister Peyton. Recently, I guess
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  Speaker 9: I personalized this. Recently, I approachased an all electric car
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  Speaker 9: and it was uh, I was apprized of the Department
• 14:52
  Speaker 9: of Motor Vehicles when I renewed my life's employed that
• 14:56
  Speaker 9: the registration is roughly about three times. That was another
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  Speaker 9: car I have it scasoline powered, and I realized then
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  Speaker 9: that we were being penalized, I suppose for electric in
• 15:11
  Speaker 9: terms of the road use taxes by the legislature, and
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  Speaker 9: I just wondered if that I don't know one if
• 15:17
  Speaker 9: anybody's ever challenged that has been a tax of penalty
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  Speaker 9: or you know, punitive tax as opposed to something that's
• 15:26
  Speaker 9: affirmative in nature. It's almost like we are being penalized
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  Speaker 9: for trying to power it as the environment and to
• 15:34
  Speaker 9: use an electric car. I just I didn't know what
• 15:37
  Speaker 9: the ramifications for that were or all the implications, but
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  Speaker 9: it just seemed to me like a penalty tax that
• 15:42
  Speaker 9: should be challenged. Somewhere along the line. I think I
• 15:46
  Speaker 9: was thinking, it's just reprehensible.
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  Speaker 6: Yeah, so well, I feel your pain because I've had
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  Speaker 6: I got a Tesla in twenty twenty, still driving it now,
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  Speaker 6: and I think I think I just renewed it. I
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  Speaker 6: don't I can't remember what a gasoline car registration cost is.
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  Speaker 6: I know the Tesla is like two hundred dollars. Yeah,
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  Speaker 6: it's probably like three times more. And then if you
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  Speaker 6: have a hybrid it's more as well. And the justification
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  Speaker 6: I got for that from the I can't remember who
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  Speaker 6: I asked, was yeah, it's it's to make up for
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  Speaker 6: the fact that we don't pay gas tax and that's
• 16:23
  Speaker 6: what's supposed to be geared towards fixing the roads, so
• 16:25
  Speaker 6: they charge a higher.
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  Speaker 4: Now, is that the real reason? Is that a pretax?
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  Speaker 4: For some other reason?
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  Speaker 6: I mean, they also, I'm pretty sure they the Automobile
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  Speaker 6: Dealers Association lobbies against general electric vehicles being sold, certainly Tesla,
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  Speaker 6: because as I understand, when I went and bought my Tesla,
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  Speaker 6: you just got on the website and you have a
• 16:45
  Speaker 6: few I got a model Wide, so you have a
• 16:47
  Speaker 6: few different it's kind of like a crossover hatchback, and
• 16:51
  Speaker 6: you have a few different options, all of which I
• 16:54
  Speaker 6: think is probably on every vehicle. Tesla can just turn
• 16:57
  Speaker 6: it on and off, but you know which may be
• 17:00
  Speaker 6: you know, paying thousands of dollars for different like full
• 17:03
  Speaker 6: self driving when it's on every car. And but in
• 17:06
  Speaker 6: any event, they don't have dealerships like we do here
• 17:10
  Speaker 6: that are independently owned. So you you put one hundred
• 17:13
  Speaker 6: dollars in, they start building your car, and if you
• 17:16
  Speaker 6: change your mind, you don't get you one hundred dollars back.
• 17:18
  Speaker 6: But then there's no negotiating it or anything. It's just
• 17:20
  Speaker 6: whatever is on their website. At least I went to
• 17:23
  Speaker 6: the website. You get to a dealer, I guess, But
• 17:25
  Speaker 6: it's not really an independently owned dealer. It's a Tesla
• 17:29
  Speaker 6: Tesla shop like and I got.
• 17:32
  Speaker 9: But is this not a penalty tax?
• 17:34
  Speaker 4: So well it might be.
• 17:36
  Speaker 6: I'm not aware of it being challenged. I haven't handled
• 17:40
  Speaker 6: that type issue before, so I don't know if it
• 17:42
  Speaker 6: would have legs or not. But that's where I guess
• 17:47
  Speaker 6: I was going with it, in that there's there's lobbying
• 17:50
  Speaker 6: against Tesla in particular because the dealers don't want Tesla
• 17:57
  Speaker 6: coming in because it's just a whole different form. There
• 17:59
  Speaker 6: is no local dealer with it, and so you know
• 18:03
  Speaker 6: whether it is truly in place to help make up
• 18:09
  Speaker 6: for the gap left in the gas tax by electric vehicles,
• 18:14
  Speaker 6: or whether it's a penalty to discourage the purchase and
• 18:20
  Speaker 6: use of electric vehicles in West Virginia. I don't know
• 18:22
  Speaker 6: the answer to that, Judge Douglas. I don't know that
• 18:24
  Speaker 6: there would be a way to legally challenge it, but
• 18:26
  Speaker 6: that that's where I was going with it. Is that yet,
• 18:29
  Speaker 6: you know, I don't know the true intent behind it.
• 18:31
  Speaker 6: I know what I've been told about why they do it,
• 18:34
  Speaker 6: and if it's an illegal penalty, I'm not aware of
• 18:37
  Speaker 6: it being I didn't challenge it.
• 18:39
  Speaker 4: I just you know, paid it well.
• 18:42
  Speaker 9: To me, it just seemed like a penalty, and I really,
• 18:44
  Speaker 9: you know, I kind of suspect this is just my
• 18:47
  Speaker 9: way opinion, not my legal opinion, that it was to
• 18:50
  Speaker 9: protect coal companies. But it never didn't make any sense
• 18:53
  Speaker 9: to me because an electric car is basically a cold car.
• 18:57
  Speaker 9: You know. They always complained say that you have to
• 19:00
  Speaker 9: have coal to produce electricity. Well, if you have electricity,
• 19:04
  Speaker 9: that's more of the demand if you have, you know,
• 19:07
  Speaker 9: electric cars for electricity that coal was producing. And I
• 19:12
  Speaker 9: could never understand the opposition to electric cars by the
• 19:16
  Speaker 9: mineral industry.
• 19:17
  Speaker 6: Right it's lobbying against it on multiple fronts.
• 19:20
  Speaker 4: And I didn't bring that one up. But that's true
• 19:22
  Speaker 4: as well.
• 19:22
  Speaker 6: And frankly, I mean the electric vehicles I think, just
• 19:28
  Speaker 6: because of their convenience and use, will start are going
• 19:33
  Speaker 6: to continue to proliferate no matter what happens as far
• 19:37
  Speaker 6: as you know campaigns against the use of electric vehicles
• 19:42
  Speaker 6: in West Virginia, because it's just once they get mainstream
• 19:47
  Speaker 6: autobill manufacturers to start making them more affordable. And right now,
• 19:55
  Speaker 6: if I got a new electric vehicle, I wouldn't get
• 19:57
  Speaker 6: a Tesla. I like it, but it's it doesn't have
• 19:59
  Speaker 6: the best raftsmanship. Mean, if I could get a Toyota
• 20:03
  Speaker 6: or a Ford or something like that that was fully
• 20:06
  Speaker 6: electric today, I probably would choose that over over a
• 20:10
  Speaker 6: Tesla with its electronic bells and whistles. But for many
• 20:15
  Speaker 6: different reasons, I think I think the future is going
• 20:17
  Speaker 6: to be going to not You can't have all electric
• 20:20
  Speaker 6: vehicles right now because the time which it takes to
• 20:22
  Speaker 6: charge your batteries and the limited capacity for miledge on
• 20:27
  Speaker 6: a full battery. But that should improve over time, and
• 20:30
  Speaker 6: as it does, I think we'll start to see this conversion.
• 20:33
  Speaker 6: And it's it's just uh, but you're right, that's probably
• 20:36
  Speaker 6: another you know, and you know where that comes from.
• 20:40
  Speaker 6: Is it the mental industry that's pushing that or is
• 20:42
  Speaker 6: there somebody else pushing that to rail against electric vehicles.
• 20:46
  Speaker 4: I don't I don't know.
• 20:47
  Speaker 8: Well.
• 20:47
  Speaker 9: Another I think subtle newance of work is that charging stations,
• 20:52
  Speaker 9: especially level trees, a few in part between in West Virginia.
• 20:57
  Speaker 9: And I was doing some research on this and found it.
• 20:59
  Speaker 9: Part of the Infrastructure, Jobs and Infrastructure Act was to
• 21:03
  Speaker 9: encourage the manufacturing presence for charging stations. And I was
• 21:08
  Speaker 9: doing the research and all the contiguous states had undergone
• 21:13
  Speaker 9: a program contiguous to West Virginia to make those charging
• 21:16
  Speaker 9: stations prevalent, except West Virginia didn't do it. We dedicated
• 21:20
  Speaker 9: that the car carbon recapture rather than building those stations.
• 21:24
  Speaker 9: So again I don't understand it. I mean, if there's
• 21:26
  Speaker 9: more electric cars, there's more demand for electricity, and we
• 21:30
  Speaker 9: shouldn't be penalized on the registration. We're trying to find
• 21:34
  Speaker 9: a charging station somewhere in the name of the mineral industry,
• 21:37
  Speaker 9: that's right. If you talk about that's my pet peeve.
• 21:40
  Speaker 6: Yeah, And if you talk about tourism and things like that,
• 21:43
  Speaker 6: I mean when I pull so there's a supercharging station
• 21:45
  Speaker 6: with your test they're just high voltage charging stations. You
• 21:52
  Speaker 6: can plug in and charge your vehicle. I think there's
• 21:55
  Speaker 6: converters on them you can use non Testla. You can
• 21:58
  Speaker 6: use it on non Tesla cars too. But there's here
• 22:00
  Speaker 6: in Charleston, right on Virginia Street, and when I pull
• 22:03
  Speaker 6: in there there's often other vehicles there being charged, and
• 22:06
  Speaker 6: I would say ninety percent of those are out of
• 22:08
  Speaker 6: state vehicles. It's people stop and they go over to
• 22:11
  Speaker 6: the Starbucks or they go grab something to eat. So
• 22:13
  Speaker 6: they're hotels, that's right, it's at the hotel. There A
• 22:18
  Speaker 6: lot of them are at sheets or in places where
• 22:20
  Speaker 6: you want folks to stop and go do some shopping,
• 22:24
  Speaker 6: because you know, if you if you need to charge
• 22:26
  Speaker 6: up on a trip, you're probably spending thirty to forty
• 22:29
  Speaker 6: five minutes to get a good full full charge. Now
• 22:32
  Speaker 6: you go from Charleston West, there's not another super charging
• 22:37
  Speaker 6: station until you get to like Westmoreland and Huntington. You've
• 22:39
  Speaker 6: got to go all the way to the west side
• 22:42
  Speaker 6: of Huntington to charge up, and there's nothing in between.
• 22:44
  Speaker 6: Other there's what they call destination chargers, but they're quite slow.
• 22:48
  Speaker 6: I think there's one at Wendy's in Tays Valley, but
• 22:50
  Speaker 6: that's you can't stop and you have to stop for
• 22:53
  Speaker 6: hours to get your car charged up there. So it's
• 22:56
  Speaker 6: just not There's a lot of different reasons to do it.
• 22:58
  Speaker 6: I'm pretty sure that the Infrastry extra law that promoted
• 23:01
  Speaker 6: it incentivized it and and I didn't know we redirected
• 23:05
  Speaker 6: to some other purpose, but I know that we have
• 23:07
  Speaker 6: not been constructing them in West Virginia very well. Now
• 23:11
  Speaker 6: as you get to the northern par the state's a
• 23:13
  Speaker 6: little better. They've got one now in flat Woods, I
• 23:16
  Speaker 6: think at the Little General or go Mart. They've got
• 23:19
  Speaker 6: one in Phaaramont. They've got like two or three in Morgantown,
• 23:23
  Speaker 6: and one of them is the there's also different killo watts,
• 23:25
  Speaker 6: so you can get the maybe this was the level
• 23:27
  Speaker 6: three you're talking about, there's a there's a supercharger. Then
• 23:29
  Speaker 6: when I caught super supercharger that charges even to the
• 23:33
  Speaker 6: northern parther states a little better. They've got one now
• 23:35
  Speaker 6: in flat Woods, I think at.
• 23:37
  Speaker 4: The Little General or Gomart. They've got one in Phaaramont.
• 23:41
  Speaker 6: They've got like two or three in Morgantown, and one
• 23:43
  Speaker 6: of them is the there's also different killer watts so
• 23:46
  Speaker 6: you can get the maybe this was the level three
• 23:47
  Speaker 6: you're talking about. There's a there's a supercharger. Then when
• 23:50
  Speaker 6: I caught super supercharger that charges even faster. But they
• 23:55
  Speaker 6: it just helped. You know, when I drive my car
• 23:57
  Speaker 6: on trips, you know, I love to see on my
• 24:01
  Speaker 6: app where the superchargers are and that's where I'm going
• 24:03
  Speaker 6: to I'm going to go that route, I'm going to
• 24:05
  Speaker 6: stop there and I'm going to eat, and you you
• 24:08
  Speaker 6: want to make sure they're at certain destinations too, as
• 24:14
  Speaker 6: far as like state parks and things like that.
• 24:15
  Speaker 4: You that will people will look.
• 24:17
  Speaker 6: For those in order to determine where they're going to
• 24:20
  Speaker 6: stay and where they're going to eat and things like that.
• 24:22
  Speaker 9: Exactly. Well, thanks a lot, misagrem but I've now got
• 24:26
  Speaker 9: to drive my electric car to the Gordon House.
• 24:28
  Speaker 6: Okay, Well it'll be it'll be quiet, it'll be fast,
• 24:32
  Speaker 6: if they won't need an oil change, and so enjoy it.
• 24:35
  Speaker 6: I've had mine for five years and I really I
• 24:38
  Speaker 6: like it.
• 24:39
  Speaker 9: Okay, well I'm the coming continue to keep mine too.
• 24:42
  Speaker 9: You just have to plan on where I'm going. So
• 24:44
  Speaker 9: in my regards to your father.
• 24:45
  Speaker 5: Take care, Thank you, jo Jocus appreciate that.
• 24:47
  Speaker 9: Uh.
• 24:48
  Speaker 5: That leads a foe line over for you. If you
• 24:49
  Speaker 5: want to get in before tom asileive the airwaves this morning,
• 24:51
  Speaker 5: go about fifteen minutes left in the program three zero
• 24:53
  Speaker 5: four three four two eight one three one three zero
• 24:55
  Speaker 5: four three four two eight one three one. You know,
• 24:56
  Speaker 5: it's interesting experiences that you have in different parts of
• 24:59
  Speaker 5: the country. And obviously I've lived in several different states
• 25:02
  Speaker 5: before coming back to West Virginia, but not in this
• 25:05
  Speaker 5: modern era. I was listening to a show that I
• 25:07
  Speaker 5: often listened to, a talk show I was often listening to,
• 25:10
  Speaker 5: and the host was just talking about casually talking with
• 25:13
  Speaker 5: some of his co hosts. They were talking about electric
• 25:15
  Speaker 5: vehicles and in the northeast part of the country, and
• 25:18
  Speaker 5: he was kind of explaining how he was an early adopter,
• 25:20
  Speaker 5: sort of like you, he got his a long time ago.
• 25:22
  Speaker 5: His experience is so different though, because he's like, it's
• 25:24
  Speaker 5: no different driving around up here is no different than
• 25:26
  Speaker 5: it was when when I had a gas engine. You know,
• 25:30
  Speaker 5: there's charging stations everywhere. I could get a little bit
• 25:32
  Speaker 5: of charge. Whenever I want to, I drive it. I
• 25:34
  Speaker 5: don't go on long trips with the vehicle because when
• 25:36
  Speaker 5: I leave the northeastern part of the United States, there's
• 25:38
  Speaker 5: not as many places for me to charge. But when
• 25:40
  Speaker 5: I'm around home, basically in his in his home region,
• 25:43
  Speaker 5: he just drives it like normal, and that's a completely
• 25:45
  Speaker 5: different experience than someone who's trying to do the same
• 25:47
  Speaker 5: thing here.
• 25:48
  Speaker 6: Yeah, we're missing the mark here again, and it's just yeah,
• 25:53
  Speaker 6: I think what just Douglas, or what judge of Douglass
• 25:55
  Speaker 6: was saying to a certain extent, was that, you know,
• 25:57
  Speaker 6: the coal industry or the interustry is supposedly lobbying against
• 26:01
  Speaker 6: electric vehicles, when in essence, you know, electricity is funded
• 26:05
  Speaker 6: by supplied by coal anyway. So it's I'm not sure
• 26:10
  Speaker 6: that it affects that industry too much, but yeah, we're
• 26:15
  Speaker 6: falling behind again, so you know, we'll we'll feel it eventually.
• 26:18
  Speaker 6: They're going to have to well, I don't know, we don't.
• 26:20
  Speaker 6: We can just keep the charging stations we have, and
• 26:23
  Speaker 6: but to have nothing between here and Huntington and not
• 26:26
  Speaker 6: you got to go all the way to the west side,
• 26:27
  Speaker 6: which is like if you're in downtown Huntington, you got
• 26:29
  Speaker 6: to drive ten fifteen minutes to get to the other
• 26:31
  Speaker 6: side of Huntington to go to the one super charger there.
• 26:34
  Speaker 6: I just found that ridiculous on that sixty four corridor.
• 26:40
  Speaker 5: It's a long distances for sure. Tom Paper and the
• 26:42
  Speaker 5: paidon Loall Firm is here in studio this morning. For
• 26:43
  Speaker 5: a few more minutes. You can give us a call
• 26:44
  Speaker 5: three zero four three four two eight one three one.
• 26:46
  Speaker 5: We need to take a break when we come back.
• 26:47
  Speaker 5: Still plenty more your phone calls if you want to
• 26:49
  Speaker 5: call in. Tom has more that he wants to share
• 26:51
  Speaker 5: once again. Three zero four three four two eight one
• 26:53
  Speaker 5: three one. You can text over questions to three zero
• 26:55
  Speaker 5: four non three five five zero zero eight three zero
• 26:57
  Speaker 5: four non three five five zero zero. We'll go ahead
• 27:00
  Speaker 5: and take a break and be back right after this.
• 27:02
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• 28:42
  Speaker 5: in the studio this morning. I'm Dell Cooper, good morning,
• 28:44
  Speaker 5: thanks for tuning in. Coming up next five eighty Live
• 28:46
  Speaker 5: with Dave Allen is at nine o'clock. But right now
• 28:50
  Speaker 5: it is the Patenton Law Firm, and ask the lawyer
• 28:52
  Speaker 5: and give us a call. Three zero four three four
• 28:53
  Speaker 5: two eight one three one. When Judge Douglas called, though
• 28:56
  Speaker 5: you were talking, you were still kind of recapping a
• 28:57
  Speaker 5: little bit about the h the tree issue about what I.
• 29:00
  Speaker 6: Wanted to do is finish that off because it kind
• 29:03
  Speaker 6: of but in that scenario, so if you have a
• 29:06
  Speaker 6: claim against your own automobile insure or your own homeowners Insure,
• 29:11
  Speaker 6: for example, I use the garage damage situation, and they're
• 29:14
  Speaker 6: denying a part of your claim. So that was that
• 29:17
  Speaker 6: riff was previously damaged, it wasn't from this tree or
• 29:20
  Speaker 6: something like that, then you do have an opportunity to
• 29:23
  Speaker 6: get somebody like us to work for you on a
• 29:25
  Speaker 6: contingency fee. And I regularly take those type cases on
• 29:28
  Speaker 6: contingency fee when you're fighting your own insurance company, because
• 29:31
  Speaker 6: the law in West Virginia provides if you win the
• 29:33
  Speaker 6: case or you prevail against your own insurance company, because
• 29:36
  Speaker 6: you don't buy insurance to fight them and argue with
• 29:39
  Speaker 6: them and litigate with them. You buy insurance so you'll
• 29:43
  Speaker 6: be insured, meaning you have assurance that you'll be covered
• 29:47
  Speaker 6: for certain certain issues. Then if you have to litigate
• 29:52
  Speaker 6: follow a lawsuit against them and you prevail, then you
• 29:54
  Speaker 6: get potentially lawyer's fees on top of the let's say
• 29:59
  Speaker 6: four one thousand dollars repair bill that you have. And
• 30:02
  Speaker 6: so it gives us the opportunity to help you, and
• 30:07
  Speaker 6: you still have the opportunity to get enough out of
• 30:10
  Speaker 6: it to get your repairs done and maybe something extra
• 30:14
  Speaker 6: depending on the insurance company's behavior. So if you have
• 30:17
  Speaker 6: that type issue with your own insurance company, that's the
• 30:19
  Speaker 6: type thing we can handle.
• 30:20
  Speaker 9: Now.
• 30:20
  Speaker 6: If we do an injury case where you've been heard
• 30:23
  Speaker 6: or have a family member hurting an automobile accident and
• 30:25
  Speaker 6: your car is damaged, I just cut usually on total
• 30:31
  Speaker 6: vehicles or repair issues or rental vehicle issues. We just
• 30:36
  Speaker 6: kind of do that automatic when we have your injury case.
• 30:40
  Speaker 6: I know some firms don't do that, is won't do
• 30:42
  Speaker 6: quote property damage. But I just see it as something
• 30:45
  Speaker 6: kind of intrinsic with the fee that we get on
• 30:47
  Speaker 6: the physical injury type claim. So if you've got a
• 30:51
  Speaker 6: physical injury type plane we're handling, we pretty much universally
• 30:55
  Speaker 6: will do a little legwork for you to make sure
• 30:57
  Speaker 6: you get treated fairly in relation to repairing your vehicle. Uh,
• 31:01
  Speaker 6: to the Extentpt. McCain, the law is really limited in West.
• 31:03
  Speaker 6: You know, if you have a total loss of a
• 31:04
  Speaker 6: vehicle and maybe get in a rental and meaning we
• 31:07
  Speaker 6: don't take any percentage out of that type of recovery.
• 31:10
  Speaker 6: We just help help it to go through. And I
• 31:14
  Speaker 6: know you in the when we were off for the
• 31:16
  Speaker 6: break there, you had a text come through it.
• 31:17
  Speaker 5: Oh yeah, So this is from the seven six zero
• 31:19
  Speaker 5: nine hundred, the Lincoln Rilly Bill that was signed into law.
• 31:23
  Speaker 5: It made women's bathrooms women only, men's bathroom men only.
• 31:26
  Speaker 5: Does that mean as a male janitor cannot clean a
• 31:28
  Speaker 5: women's mathroom?
• 31:29
  Speaker 4: Well, I think I wouldn't think. So.
• 31:32
  Speaker 6: I haven't read that bill in detail. I'll tell you
• 31:35
  Speaker 6: my general feeling.
• 31:36
  Speaker 4: One I read.
• 31:36
  Speaker 6: I read some of it, not the final version, because
• 31:39
  Speaker 6: I know there was some amendments made and then maybe
• 31:42
  Speaker 6: removed regarding like physically inspecting a child's dennertailure or something
• 31:47
  Speaker 6: to determine sex, but I think that's out of it now.
• 31:50
  Speaker 6: But actually, well, first of all, it's not as and
• 31:56
  Speaker 6: if there's kids out there or parents that have kids
• 31:58
  Speaker 6: that have issues with gender identity, it's serious to them,
• 32:03
  Speaker 6: but there's not.
• 32:05
  Speaker 4: There's a very very minute.
• 32:07
  Speaker 6: Set of our population that has that issue in West Virginia.
• 32:10
  Speaker 6: And so again we've got all this going on with
• 32:14
  Speaker 6: the foster care system and abuse neglect and multiple other things,
• 32:18
  Speaker 6: and the legislature spending an or amount of time.
• 32:20
  Speaker 4: On this issue.
• 32:22
  Speaker 6: So it's just something that I think, I know time
• 32:25
  Speaker 6: could have been spent better on other more pressing issues
• 32:29
  Speaker 6: that affect a much larger number of West Virginians. That
• 32:33
  Speaker 6: being said, at least in the West Virginia Bill, there
• 32:37
  Speaker 6: is some effort to try and meaningfully describe in detail
• 32:43
  Speaker 6: what constitutes a male or female for the purpose of
• 32:47
  Speaker 6: I think bathrooms or sporting events maybe, But you juxtapose
• 32:52
  Speaker 6: that to the bill. I think it was introduced last
• 32:55
  Speaker 6: week or the week before in Congress where I read
• 32:58
  Speaker 6: that bill, it was about not having men play in
• 33:01
  Speaker 6: women's sports or some weird whatever the politicians put as
• 33:04
  Speaker 6: the title. That bill was awful. It was like a
• 33:06
  Speaker 6: one pager that had no description of what gender means.
• 33:11
  Speaker 6: It was just and I've had friends and people and
• 33:14
  Speaker 6: like social media share it. Because of course all the
• 33:16
  Speaker 6: Democrats voted against passing that bill. But don't that's a
• 33:21
  Speaker 6: political ploy. I mean, that was a I wouldn't vote.
• 33:23
  Speaker 6: I mean, I don't think men should be playing in
• 33:26
  Speaker 6: women's sports either. But that bill was so off, I mean,
• 33:29
  Speaker 6: haphazardly drafted, which seems to be what we're getting a
• 33:32
  Speaker 6: lot from the administration on the federal level. But I
• 33:36
  Speaker 6: mean it was not comprehensive. It was just something put
• 33:38
  Speaker 6: together to throw out there so the pundits could say, look,
• 33:43
  Speaker 6: the Democrats want men playing in women's sports. But and
• 33:47
  Speaker 6: of course the Democrats didn't do a very good job
• 33:49
  Speaker 6: of communicating why they opposed it, and they're going to
• 33:51
  Speaker 6: pose probably everything at this point because it's so adversarial.
• 33:54
  Speaker 5: There's a strategy in politics where you make a bill
• 33:57
  Speaker 5: that's so poisoned that the other side can't vote for it.
• 33:59
  Speaker 5: And and but that's not what's projected. Like if you
• 34:02
  Speaker 5: make the language too vague, nobody wants to vote for
• 34:04
  Speaker 5: something that's too vague because you can make it mean anything,
• 34:07
  Speaker 5: and so anybody with common sense is going to vote
• 34:08
  Speaker 5: against it. So you stage that thing on purpose, people
• 34:10
  Speaker 5: vote against it, and you use it as your your.
• 34:12
  Speaker 6: Sure like in the West Virginia bill. And there's some
• 34:15
  Speaker 6: there's some there's some exceptions for truly kind of biological
• 34:21
  Speaker 6: issues with folks gen to tell you that creates biological
• 34:27
  Speaker 6: confusion or I don't know if you'd say confusion, but
• 34:29
  Speaker 6: there's some ambiguity as far as male versus female and
• 34:33
  Speaker 6: that kind of thing.
• 34:33
  Speaker 4: And so that the one in the federal.
• 34:35
  Speaker 6: Level is said, uh, you know, people of the male
• 34:39
  Speaker 6: sex shall not pay play sports with and that I'm paraphrasing,
• 34:43
  Speaker 6: but with in events that are designed for people of
• 34:48
  Speaker 6: the female sex.
• 34:49
  Speaker 4: No description beyond that. I mean, it was just it
• 34:51
  Speaker 4: was a it's it's a joke bill.
• 34:54
  Speaker 6: But it worked because then all the Democrats voted against it,
• 34:57
  Speaker 6: and I'm sure it within a tenth of a second
• 35:01
  Speaker 6: on social media everywhere else where memes and reports about
• 35:03
  Speaker 6: how the Democrats want to have women allow men to
• 35:08
  Speaker 6: compete against women and sporting events. So I give the
• 35:11
  Speaker 6: legislature a little bit of credit on our bill is
• 35:14
  Speaker 6: that it's it's more comprehensive in that regard, and and
• 35:17
  Speaker 6: and is decent from that front. It's just you know,
• 35:21
  Speaker 6: we got the governor having press conferences and stuff on
• 35:24
  Speaker 6: things that I mean, I guess it appeals to their
• 35:27
  Speaker 6: base and it'll, but it just seems like a lot
• 35:31
  Speaker 6: of time to spend at the legislature on that issue,
• 35:35
  Speaker 6: solving a problem that isn't really a problem except for very,
• 35:40
  Speaker 6: very very.
• 35:43
  Speaker 4: Few situations.
• 35:44
  Speaker 5: It also seems to me, my my personal opinion on this,
• 35:47
  Speaker 5: it seems to me that the that the issue would
• 35:51
  Speaker 5: seem more genuine if activists involved were actually elite in
• 35:55
  Speaker 5: their sport against like other females to start with, Like
• 35:58
  Speaker 5: when you're not really a champ in level athlete anyway,
• 36:01
  Speaker 5: and you're mad that other people are participating, it just
• 36:04
  Speaker 5: seems a little a little odd. It's like, well, there's
• 36:06
  Speaker 5: tons of other people also beating you, or you want
• 36:08
  Speaker 5: to find a way to keep them competing too well.
• 36:11
  Speaker 6: And and this could probably I think would work in
• 36:15
  Speaker 6: West Virginia because we just don't have the type of
• 36:17
  Speaker 6: population centers that creates a mass set of circumstances involving
• 36:23
  Speaker 6: this issue. But like the WVSSAC already had a provision
• 36:30
  Speaker 6: regarding this issue, and it allowed them to kind of
• 36:34
  Speaker 6: do a as I understand, it allowed them to do
• 36:37
  Speaker 6: sort of a per situation analysis that involved factors such
• 36:42
  Speaker 6: as competitiveness, I mean, you know, and things like that,
• 36:45
  Speaker 6: so they would have some discretion on can this person,
• 36:50
  Speaker 6: you know, even though they may have been born with
• 36:52
  Speaker 6: some on their birth certificate says they're a male, should
• 36:55
  Speaker 6: they be allowed to participate in I don't know. I
• 36:58
  Speaker 6: think in high school sports thing only have women's volleyball,
• 37:01
  Speaker 6: for example, should they be allowed to participate in that?
• 37:03
  Speaker 6: Because there isn't volleyball for males, And then you know,
• 37:08
  Speaker 6: you look at the competitive nature and things like that,
• 37:11
  Speaker 6: and so you know, WVSSAC could could realistically in West
• 37:16
  Speaker 6: Virginia go through and do the facto.
• 37:19
  Speaker 4: Analysis in each situation if there's application. But you know,
• 37:24
  Speaker 4: this all.
• 37:26
  Speaker 6: Came up during the election cycle, and do you remember
• 37:28
  Speaker 6: all the up commercials about the issues if there was
• 37:32
  Speaker 6: one of the major things we need to.
• 37:34
  Speaker 4: Address here in West Virginia.
• 37:36
  Speaker 6: But well we did, so yeah, we did, I mean,
• 37:38
  Speaker 6: and it worked because those folks that concentrated on that,
• 37:41
  Speaker 6: Barsley got elected.
• 37:43
  Speaker 4: But I don't understand it. But that's that's where.
• 37:47
  Speaker 5: We are, Peyton Law Firm. You can find out more
• 37:49
  Speaker 5: information of course online. It's Payton Lawfirm dot com pey
• 37:52
  Speaker 5: fifty five fifty six. Every Thursday at a twenty right here,
• 37:55
  Speaker 5: either Harvey or Tom comes by from the Payton Law
• 37:57
  Speaker 5: Firm to put the power of patent on your side
• 37:59
  Speaker 5: and we'll see either you or Harvey back your next week.
• 38:01
  Speaker 4: Tom, we will be here.
• 38:02
  Speaker 5: I appreciate your time as always, Tom paying from the
• 38:04
  Speaker 5: Payton Law Firm Paythonlawfirm dot com. Have a great day everyone.
• 38:07
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