Latest / Ask the Lawyer / 11/16/2023 Ask the Lawyer with Harvey Peyton
Transcript
- 0:00Our area's most beautiful properties deserve the finest Wilters Meeks Realty Group. We focus
- 0:05on buying and selling residential and commercial properties throughout the Tri State area. Contact
- 0:09Meeks Realty Group online at Meeks dot us or call three oh four four four
- 0:13zero one, one zero one. The views and opinions expressed on this program
- 0:18do not necessarily reflect the views and opinions of five adwchs it's employees or WVRC
- 0:24Media. Put the power of Payden on the side. We have the court
- 0:31room experience. Said you need, we never give up. We're prepared to
- 0:37fight for your rights. When you need action, count on us. Put
- 0:46the power of Paytron on your side. The power of Babe. It's a
- 0:56twenty two on five ADWCHS. The voice of Charleston, and that other voice
- 1:00is Harvey Payton, a Payton Law firm in Nitro. Jeff Jenkins and Harvey
- 1:03with you. Harvey's here every Thursday morning. Three O four three four five
- 1:07fifty eight fifty eight. Three oh four three four five fifty eight fifty eight.
- 1:12The line is open for you to call three oh four three four five
- 1:15fifty eight fifty eight. Good morning, sir, well, good morning,
- 1:19Jeff. It's I'm sorry. I was rambling along. Kind of are off
- 1:22the air when we went on the air, but I'm here bright and early
- 1:25from the Peyton Law Firm at twenty eight oh one First Avenue and Nitro.
- 1:29Hopefully we will get some questions today about the law. Our quest here on
- 1:34this program, which we've been doing for about twenty five years now, is
- 1:38to try and help the public understand that don't be afraid to call a lawyer.
- 1:44There's always this fear that lawyers are overly expensive, or that you're going
- 1:49to become involved in a lot of litigation or broiled in troublesome obligations if you
- 1:57consult with the lawyer, and actually the opposite. It's true. You're going
- 1:59to save yourself probably some future time and money by consulting a lawyer about a
- 2:04lot of things, particularly in your daily affairs, your estate planning, property
- 2:09transactions, contracts, and if, as makes up so much of our practice,
- 2:16you're injured in an automobile accent or some other injury you've suffered, whether
- 2:22it's personal or financial, or your property as a result of what you think
- 2:25is the fault of another party, or if you have an issue, you
- 2:29say, with your own insurance company, they won't pay you for acclaim.
- 2:32Then we can help you. And don't be afraid to call a lawyer,
- 2:36and don't be afraid to go to our website Peytonlawfirm dot com and you can
- 2:39send an email that comes to either me or to my son Tom, and
- 2:44we can respond to you and we can get the facts that we need.
- 2:46And as I've told a lot of folks, I just actually I'm going down
- 2:50to the courthouse this morning to look at something. A listener called and had
- 2:53a question about, you know, an old judgment that was showing up,
- 2:57and is what's going to cost to get this straight? And charge anything to
- 3:00go to the courthouse and see if you've got a problem. If you don't
- 3:02have a problem, I'll call you and tell you I'm not going to charge
- 3:05anything for that. We don't charge anybody for an initial visit to see if
- 3:09you have a case or if it's a case we can help you with.
- 3:13A lot of folks may have a claim, but you have to explain,
- 3:15you know, the transactional cost of this. I had one of those yesterday.
- 3:22Or gentleman sent me a very nice narrative of a consumer transaction that had
- 3:25gone bad and involved a warranty through both a big box seller and a manufacturer.
- 3:31And to me, I said, look, this is a situation here,
- 3:37and you need to get online and go to the Western Attorney General's Consumer
- 3:40Protection Division. He didn't live in the city at Charleston, and he did.
- 3:45The Consumer Protection office here wouldn't have been a help. And finally,
- 3:49complaint and you know, they do a good work up there. It's the
- 3:53first place to start. It doesn't cost anything, and they'll take your complaint
- 3:57and they'll send it. And generally, if you're dealing with the responsible parties,
- 4:01and this fellow was, I mean, it was a big box retailer
- 4:03that specialized in appliance sales and home furnishings and a major manufacturer, and they
- 4:12they are generally responsive. They can't afford a lot of complaints, a lot
- 4:16of negative reviews because competition is so keen at that level. So don't be
- 4:21afraid to call us, at least give us a thought. We don't advertise
- 4:26on television. First of all, I don't have the face for it.
- 4:30Tom does, but we just he's the he's on the billboard. Ye if
- 4:34you see that smiling face of call, if you ever at Call Tom,
- 4:38that's that's that's the I've got a face for radio and I'm sticking to it.
- 4:44This morning, I drove in from Putnam County, gorgeous morning, like,
- 4:47there's only thirty minutes from almost into HRC and now by sleeping on the
- 4:53golf course to the front door here. So it's way less than that to
- 4:57our office in Nitro. If it's not inconvenient of the suburbs. In fact,
- 5:00given parking and traffic, it's more convenient if you want to come and
- 5:04see us. But I'm pulled in the parking lot. Oh my, the
- 5:08vans are lined up. I forgot. This is turkey drop. So if
- 5:11you're listening and I didn't do it this morning, but I might. Is
- 5:15it just today? Yes, well try I might try and get back this
- 5:18afternoon. You know, you can buy a frozen turkey at twenty five pounder
- 5:24if you can afford it. Now for and lawyer. Most lawyers can afford
- 5:27it. You can make yourself afford it. You're gonna spend that month for
- 5:30a big lunch. You're going down here to Adelphia and drinking beer in the
- 5:32afternoon. Go drop about thirty bucks and buy a frozen turkey and bring it
- 5:38up here to the parking lot at eleven eleven Virginia Street East and drop it
- 5:42off there. People that are just take it right from you in the car
- 5:44right and they are. They go to man and Meals and are used to
- 5:50feed hungry people during the Thanksgiving and holiday seasons. Now Man and Meals got
- 5:58a bit of a wrap last week. They've operated out of Saint John's Episcopal
- 6:01Church over here for decades, at least two decades that I know of,
- 6:08and most of the people who eat at Manna Meals are not homeless. Most
- 6:14of the people who use man and Meals are folks who are down on their
- 6:17luck or they are just poor and they have my food shortage and a nutrition
- 6:24necessity, they can go there. It's like Christ Kitchen and Saint Albans.
- 6:28The very best, in my estimation, charitable gift you can make it Saint
- 6:32Albans is to support Christ Kitchen at the Episcopal church down there. People come
- 6:36in you a hot meal. Now Christ Kitchen, it's just from like ten
- 6:41in the morning until two in the afternoon. But I've tried to help themselves
- 6:46several times working at Thanksgiving along with Sandy Call from the Bridge Road Bistro,
- 6:50a wonderful woman running a restaurant here in South Hills, gives her time to
- 6:55come and feed poor people. And poor people really have no constituency, don't
- 7:01really have a lot of representation in our society. Jesus didn't like it that
- 7:06way, you know, poor people were to be helped. We look at
- 7:11him in like two ways. I think you look at poor people as a
- 7:14statistic number. One, well, thirty percent of the people in later live
- 7:17out or below the poverty level. Or you look at it from the givers
- 7:21side. We have eight charitable groups in our community who gather and give food
- 7:27to the poor. But what's missing from that equation is those folks in the
- 7:30middle. Why are you poor? What are your needs? What are the
- 7:34issues here? How can we help you get out of this endless situation.
- 7:39I think that's where we have a shortfall. But that's just my soup box
- 7:42for the holiday season. We've got some lawsuits going. We got two lawsuits
- 7:49in connection with well, yes, it's longer than it was the last time.
- 7:54I remember when the water leak took place. I believe that was on
- 8:00a Thursday. I think you're right because I was in Andrea's supermarket there in
- 8:05Nitro and people were just gathering up all the bottle of water. I said,
- 8:07Andrea, what's going on here, oh Harvey, so you're not listening
- 8:11to the radio. Okay, well I'm not gonna buy any water. This
- 8:16is not going to last long, foolish meat. At that time we were
- 8:20living in Nitro, and it did without But the next morning my wife and
- 8:24I had a home at that time down at Claydon Springs in Rawleigh County where
- 8:28there wasn't any problem. So we hot puted out and on the way out
- 8:33of Charleston before we got to the top of the hill there at the Tunnle
- 8:35when we come to hit a cabin creek. On the radio, it was
- 8:39the news they were interviewing. I think it was Kent Carper, who had
- 8:43been at the courtyouse at like eight o five when they opened to file the
- 8:48first lawsuit less than twelve. I listened fourteen hours later this one. I
- 8:52think the council for at least one lawsuit was Dante to Trapano And yeah,
- 8:58I know both, I mean, and I knew there's better. I mean
- 9:01Rudy to Trappado who's now passed, and a Bill who's Jesse he's dead,
- 9:05was a prosecutor here for years. I mean, they're fine fellas. And
- 9:09actually their office for Dante is on the west side on Randolph Streets. They
- 9:15may be affected. One of the initial issues that I can sort of see
- 9:20in those cases is a jurisdictional one. You know, these are both regulated
- 9:22utilities, and this has direct application of the ability of the gas company to
- 9:30provide service. Not that service is available but it's suspended because of an emergency,
- 9:35but says they can't provide service because there was a leak end of their
- 9:39lines. You can't have gas lines with water in them, you know,
- 9:43as a regulated utility. It could be that the initial jurisdiction for some of
- 9:46the part of these lawsuits is with the Public Service Commission. I mean,
- 9:50there is a concept of law called exhaustion of remedies, which says, if
- 9:54you have an available and a statutorily available and mandated administrative remedy, that is,
- 10:01you can go to the agency and file a complaint and seek relief to
- 10:03their staff, then you have to do that first and exhaust that remedy to
- 10:09the fullest extent. Before then you can turn to the civil courts. I
- 10:11don't know. I mean, these are smart guys, and if there's an
- 10:15element of wilfulness or negligence involved, there's always a breach contract. Utilities have
- 10:20an applied contract with their customers to provide the service that the PSC mandates.
- 10:26So I'll see how it shakes out. People are critical of the fact that
- 10:30seats are filed quickly. Well, some of us want opsmanship. If you're
- 10:35first of the courthouse, you get some publicity and you pick up more clients
- 10:39that way. I mean, that's just a practical fact of life. The
- 10:43second is there may be evidence that you need to look at per work orders
- 10:50and you need to access perhaps to a physical location where work's being done,
- 10:54have an expert in the field look at what's being done to assess what the
- 10:58problem was. Regardless to the timliness over the merits of the lawsuit will come
- 11:03out and you have to keep that. It's a bad thing. It's a
- 11:05bad thing, particularly when you've gotten a constant rate increases by the water company
- 11:13and the underlying cause, at least allegedly or stated by mount of your Gas,
- 11:16is that there was an untended leak for some considerable period of time that
- 11:22caused a low pressure gas line to move and perhaps rupture separate, and then
- 11:28the gas line, you know, it's once you release the pressure, it's
- 11:31sucked up the water sucks up the water, and then you've got forty miles
- 11:35any amount of water. You know, you can't have that going. What
- 11:37are you going to do if you're in a it's unsafe. I mean you've
- 11:39got a pilot light going, gas furnace running, and you know, get
- 11:48some water that manages to get through the regulator, through the manifold into the
- 11:52house and snuff sent out. You've got a gas leak. Then you get
- 11:56a spark or you get rendered service. And you know a lot of these
- 12:01modern appliances are activated by igniters. When they detect a certain level of temperature,
- 12:07they spark to ignite the it's really dangerous, bad situation. It's bad.
- 12:11And then it just happened here. If this was July as opposed to
- 12:16a cool November, cooking is an issue for those people. I mean,
- 12:22this area is really heavily plumbed for natural gas. Forty six miles of line.
- 12:26Yeah, it's a lot. That's a bundle. We'll see how that
- 12:30comes out. We you know, we were talking off the air. I've
- 12:33been sort of watching the Supreme Court's website because this is the time of year
- 12:39that the Supreme Court always starts deciding most of the cases that they have heard
- 12:45through this term. And also on the Supreme Court website, you can look
- 12:48just below the Supreme Court's opinion list and there's an opinion list from the I
- 12:54guess it's new. It's now a year and a half on. It started
- 12:58on July one. Who accepting some cases, and so now we're seeing some
- 13:03opinions, some lengthy and signed opinions by the Intermediate Court of Appeals. We
- 13:09saw a lot of memorandum opinions and a lot of workers' compensation opinions decided over
- 13:16the last year, which is good because that shows that the court is fulfilling
- 13:20one of the roles that I always thought we should have had an intermediate court
- 13:22to fulfill, and that's workers' compensation and administrative proceedings, driver's license ravocations,
- 13:30or unemploy employment security applications that are all heard by the circuit courts in Kanawa
- 13:35County. The any business going directly to the Supreme Court. They should have
- 13:39gone to some specialized court long ago and take the pressure off the Supreme Court.
- 13:43But an interesting case. It's interesting to me because and like I'm a
- 13:50dinosaur. I went to law school at West Virginia University between nineteen seventy one
- 13:54and seventy four, where we had professors who made it both about the fact
- 14:01because we had a diploma privilege and we had very few students in any class.
- 14:03There were ninety six people in my graduating class, several of whom were
- 14:09actually retreads. There fellas who'd been drafted, you know, while they were
- 14:16in law school, and once there were two years or three year commitment was
- 14:20was fulfilled. They the law school had to have a spot for him that
- 14:24you had to be reading. Like I was this man, my good friend,
- 14:26who has an office down on Haill Street. It was in Vietnam.
- 14:30I got a bronze star, came back anyway. So I didn't take the
- 14:39courses in coal, oil and gas. So those were quite a popular part
- 14:43of the program. But property, Real property one and two, Real Property
- 14:48three taught by a man named Londo Brown, who was, you know,
- 14:50a nationally acclaimed expert in the field of real property deeds, wills and trust
- 14:56things of that nature. I found him fascinating. I didn't use it a
- 15:00whole lot. You think, well, how can you use that if you're
- 15:01a trial lawyer, Well, going to litigate these things, you know there's
- 15:05a lot of money involved. There's a lot of money. The case was
- 15:07decided this week by the Court of Intermed Court of Appeals was over, here's
- 15:13the issue. What does one sixteenth mean? Right? I mean that seems
- 15:18obvious, but in this case, it involved almost one half of the income
- 15:26from over one hundred acres of real property in Doddridge County, West Virginia,
- 15:33which is at the heart of the Marcella Shale, the source rock natural gas
- 15:41place. So I can tell you that means a lot. I don't know,
- 15:43it's not in the case what it means, but I can tell you
- 15:45from experience with clients who owns the same or smaller interest, that it is
- 15:50a lot of money, at least initially. And it was surprising to read
- 15:56that the object of deciding this case was a one hundred and twenty one year
- 16:02old deed, a handwritten deed one hundred and twenty one years old. The
- 16:07document was produced, it was considered by the court in which the person who
- 16:11wrote it out said, I'm selling this property of so and so, who
- 16:18was the predecessor of antero resources I've helped, who did the selling was the
- 16:23predecessor and title of the plaintiffs? Who said one sixteenth meant more than one
- 16:27sixteenth, and I reserved one sixteenth or a one sixteenth interest in the oil
- 16:33and gas and hydrocarbons, Well, seems obvious, but when you read the
- 16:41case. In fact, in the early nineteenth century, the standard landowner's proportionate
- 16:48share of income from oil and gas was one eighth, and any number of
- 16:53deeds were written professionally. If a person and I reserve a one sixteenth interest,
- 17:00that meant half of the inner's customary interest or one sixteenth. This is
- 17:07half of one eighth. It's not one sixteenth, which means the other fifteen
- 17:12sixteenths or seven sixteenths of half or retain. That's a lot of money,
- 17:18and it's a it's kind of a fascinating opinion to read. The court did
- 17:22a good analysis. I thought of deeds that were written and actually the common
- 17:27language that was used in the early nineteen hundreds was I returned it retained a
- 17:32one sixteenth interest, but the document itself then went on to say, being
- 17:37my intention to retain one half of the standard one eighth interests allocated to me
- 17:42as the landowner. Well, the deed that was an issue was handwritten.
- 17:48They had typewriters even in nineteen two, although deeds were often copied in clerk's
- 17:55offices by scriveners, and very elegant cursive was produced in the original's handwritten.
- 18:00Obviously, property owner some rural setting in Doddridge County one hundred and twenty one
- 18:07years ago took it upon themselves to handwrite it eat and they got it half
- 18:10right. They put in the percentage, but none of the other precatory language
- 18:15that would define that as being one half. And as a result, the
- 18:21current landowner who says, look, I'm entitled of half of this income as
- 18:26opposed to Antaro resources, and the answer is just, well, we understand
- 18:32your position, and we understand the confusion given what the law and public sentiment
- 18:37was one hundred and twenty one years ago. But they didn't write it that
- 18:40way. We don't know who was writing it. We can't presume that they
- 18:44were an illiterate or an unschooled person. We can just know that's what was
- 18:48written and without anything else, it's not ambiguous. The document speaks herself.
- 18:55So the resource developer won. Now that's I mean. People will look they
- 19:00said, well, that's what I told you about that quarter of appeals.
- 19:02They're business oriented. Well no, no, I mean that's just the facts.
- 19:06That's just the way it works. And so what it's so, I
- 19:08think what you're saying is what or indeed means. Well, surely mean something,
- 19:14and they mean a lot. They mean a lot. Well, deeds
- 19:17and pleadings mean a lot to me because I've hammered and hammered on it.
- 19:21They mean a lot to Tom. And I've had some lawyers have work for
- 19:25me. I had an whole lawyer tell me, once you know, you'll
- 19:27be dead someday, but there's records down there in the record room will still
- 19:33be there for everybody to look at. And if they go to the clerk's
- 19:36officers documents, you foul and they're going to judge you by how those look.
- 19:41So if you got a bunch of sloppy work with grammatical errors and misspellings,
- 19:47that's the way they all remember you. And I've always taken that to
- 19:51heart. She's got to. And you know you can't prove for you,
- 19:52you to yourself. You know that you're in the news business. How many
- 19:55times have you written a story? A lot and you've read it and you've
- 19:59read it, Yes, and you've read it and you give it to some
- 20:00of its all. Wait a minute, it comes there's a big red circle.
- 20:03Oh, exactly, get miss that. So we always you know,
- 20:08I've got Jennifer and my wife works with me as a legal assistant. She's
- 20:11pretty keen and she always reads them and I read them, Tom reads them.
- 20:18It says, assumptions are the mothers have all screwed up. Don't just
- 20:22don't assume because you've read it once that it's right. And don't get thin
- 20:29skin. I mean people send things back to you for revisions and they find
- 20:32them mistake. Don't get defensive. I mean that's just the way it is.
- 20:36Everybody makes mistakes. Everybody. We're gonna take a break. Okay,
- 20:40we're gonna take a break. Now. I can tell you about my scheduling
- 20:42mistake that I made. When we get back. Yeah, three or four
- 20:47three four five fifty fifty eight three or four three four five fifty eight fifty
- 20:51eight. Harvey Payton with a Payton Law Firm. Law firm in Nitro is
- 20:53with us. Any questions about the law, Harvey's here to handle those and
- 20:57the lines are open three oh four three four five fifty eight fifty eight.
- 21:03Back in the moment of five eight wchs. If you want a lawyer who
- 21:07has no nonsense, hardworking and equipped with years of successful experience, you want
- 21:11the Peyton Law Firm. Let Tom and Harvey put the power of Peyton to
- 21:15work for you. If someone has injured you or a family member, contact
- 21:19the Peyton Law Firm before it's too late. Stay ahead of the game by
- 21:22calling Peyton Law Firm three oh four seven five five fifty five fifty six or
- 21:27online at Peytonlawfirm dot com. Again, the number to call is three oh
- 21:33four seven five five fifty five fifty six. I'm sure you're ready for retirement.
- 21:37That's understandable, After all, you only retire once. Make the smart
- 21:41choice and call Fourth Avenue Financial. If it deals with retirement planning, you
- 21:45can be confident they had the experience you need. Retire right with Fourth Avenue
- 21:49Financial. Go to Fourth Avenue Financial dot Com or call three oh four,
- 21:53seven, four, six, seventy nine, seventy seven to book your free
- 21:56introductory meeting today. Securities offers as to be called financial Incorporated. Remember faerscific
- 22:00advisory services offer to jenab coll Advisors Incorporated is DWO Financial, jaw Co Advisors
- 22:04and fort any financial or unaffiliated entities. Can you know what I don't get?
- 22:07Why is that company always telling you to just do what? What is
- 22:11it to just look like everybody else? Or maybe just pay way too much
- 22:15for your shoes? But sketches, we know what we want you to do.
- 22:19Just slip in. That's right, just slip in to do hands free
- 22:22sketchers slippins. Why because slippins are the easiest, most comfortable shoes ever.
- 22:26You don't have to bend down to put them on, you don't even have
- 22:30to touch them. Fight slippins with the all family kind a sketch your store,
- 22:33sketches dot Com, or wherever stylish footwear is solved. Put the power
- 22:37of Peyton on the side. We have the courtroom experience such you need.
- 22:45We never give up. We're prepared to fight for your rights. When you
- 22:52need action, count on us. What the power of painter go Side eight
- 23:06forty five on five ADWHS. The Voice of Charleston, Jeff Jenkins and Harvey
- 23:10Peyton at the Peyton Ball Firm and nitrode lines are open three O four three
- 23:12four five fifty eight fifty three oh four three four five fifty eight fifty don't
- 23:17forget Our turkey drop is taking place, so you can drop off a frozen
- 23:21turkey in our parking lot eleven eleven Virginia Street East and Charleston. Just drive
- 23:25through, drop it off and help some folks and be able to feed some
- 23:29folks. Or you can drop off with check or some cash too, well,
- 23:32that would be good. I mean, I mean, it's holiday season.
- 23:34They just think about you know, little kids. Should anybody go to
- 23:41bit hungry and the richest, most powerful nation in the world, It's gonna
- 23:45happen. It's going to happen because the poor and underprivilege will always be with
- 23:51us at one level or another. It's been that way throughout history. But
- 23:53we can help make it better. Right, we have a call. We
- 23:56have a call. Jerry is on the line. Jerry, you're on with
- 23:59hard Go ahead. Good morning's mornings, Jeri, Hey, good morning,
- 24:03Harvey. I hate to bring this up again. But I've talked to you
- 24:06about this before. But about a year and a half ago or so,
- 24:11I was sitting at a stoplight on my motorcycle when a young girl slammed into
- 24:18me so hard that it destroyed my motorcycle and threw me onto the ground at
- 24:25seventy one years old. Now, I didn't have any broken bones or anything,
- 24:30just your typical scrapes and contusions things like that. So I didn't go
- 24:34to the hospital. That accident cost me thirty eight hundred dollars to replace the
- 24:44same machine that I was on, And it just seems to me that that
- 24:49is wrong in so many ways that due to the negligence of this young driver,
- 24:56it cost me thirty eight hundred dollars. And you know, I can't
- 25:02get any satisfaction from the insurance company simply because I didn't go to the hospital.
- 25:07Blah blah blah. You've got to be have your arms and legs cut
- 25:11off before they'll do anything. I'm just curious about what you think about situations
- 25:18like mine, where it costs the innocence a lot of money due to the
- 25:23negligence of someone else. And I'll take any answer off the air, thank
- 25:27you. Well, that's Jerry, that's what we do for a living,
- 25:30and a large part of the Picton Law firm, and there is you know,
- 25:33there are two parts, are three parts always to any sort of claim.
- 25:37Number one is liability. Was a person negligent? Was a person at
- 25:40fault? Did they do something that a reasonable person would not do? Did
- 25:44they failed to do something a reasonable person would that's number one. Number two,
- 25:48was there some injury or loss associated with that? In this case that
- 25:52seemed obvious. You had significant property damage, You suffered mild and moderate bodily
- 25:57injury, which is not, by the way, contingent exclusively upon going to
- 26:03the hospital. You can have pain and suffering and significant recovery without being hospitalized
- 26:17on your testimony. I'll tell you a story about that here in a minute.
- 26:19Then third is their coverage. If someone who's destitute simply has no assets
- 26:26of any kind injures you unless you have some of your own insurance, like
- 26:29uninsured motor discoverage, which is mandatory. You've got it because you had a
- 26:33policy on your bike. You know, you can payer your walls with judgment
- 26:38leans and they're worthless unless there's some pool of funds from which you can satisfy
- 26:45your recovery, so you meet all three of the challenges. There's an insurance
- 26:48got me involved. If you've got a loss to the bike, that's a
- 26:52dollar for dollar, right, that's a figure that can readily be arrived upon
- 26:59the owe you the market value of the machine that was totaled, and under
- 27:03certain circumstances. I used some money for loss of use, which is generally
- 27:07what's going to cost to rent a bike for a day times a number of
- 27:11days until they pay you and you can replace it a number And on your
- 27:15case, something should be allocated for just paint and suffering and inconvenience. You
- 27:19got knocked to the ground, you got skinned up. I got a really
- 27:22nice big verdict one time in the certive Court of Campbell count against a fella
- 27:26who was a tractor trailer truck cut him into the guard rail down around the
- 27:34Milton interchange and stove him up real bad. But he's a he's from up
- 27:41the creek. He lived up Heizer Creek, and he only want to go
- 27:42to any hospital. So he just sort of went home and crawled into bed
- 27:47and got the feeling somewhat better. But he lived pretty much on ibuproof and
- 27:51and other things. After that we tried the case. He talked about how
- 27:55bad he felt, how he ached all over, and how his wife verified
- 27:59that had he got his bills, that he'd paid for all the over the
- 28:03counter meds, and the jury awarded him a Now they were aggravating circumstances.
- 28:07The truck driver didn't show up, he had a terrible driving record. The
- 28:11company had a bonehead defense, but in any of it, the jury in
- 28:15Campbell County had no problem awarding the guy with some low six figure money because
- 28:19you know, if it had been going on for three years after the accident,
- 28:22he presumed it to be permanent. So you know, one thing you
- 28:26can do assume them in magistrate court. They've got a jurisdiction up to ten
- 28:32thousand bucks. And if you can get a magistrate, I mean some of
- 28:36the magistrates aren't aware that they can award damages for paint and suffering, but
- 28:40they can. And I think we pretty well established that Tom had a case
- 28:44where a magistrate didn't believe it, and we proved it to him in Kanawa
- 28:47County. So don't just let it go. I mean, you had to
- 28:51have a witness or two to corroborate what you say as far as you're being
- 28:56stove up and soar and skinned up, and of course got to get an
- 29:00estimate and somebody to testify about the value of your bike. But you know,
- 29:03if you win the filing fees less than a hundred bucks, now you
- 29:07get your filing fee back plus your damage. Is that the guy's got insurance,
- 29:11they're gonna have to pay it. So that's what I would do.
- 29:15Thank you, Thank you, Jerry. Thanks for a year and a half
- 29:18and you can't get it resolved, see somebody. But the fact that you
- 29:21didn't go to the hospital, well, of course that that would be an
- 29:23indication that the injury was not severe en I for instance, perhaps, but
- 29:30that doesn't mean that it wouldn't keep you off work. Now Jerry's retired.
- 29:33But you know that idea that the adjuster is giving you some chin music.
- 29:37Well, we didn't go to the hospital. We don't have bad hurt.
- 29:40What will you do? Because I'm telling you, and then my wife's gonna
- 29:42tell you. And I got the shirt that I was wearing, and see
- 29:45where it's got up here, see this blood on it. Here's a couple
- 29:48of pictures I took of the bruises on my back. Now, don't tell
- 29:49me that, you know, maybe maybe it's not worth What are the jury
- 29:53What would the magistrate say? Five hundred dollars, one thousand dollars, fifteen
- 29:56hundred dollars. What would you take? You got a job, and your
- 30:02job's retirement. It's relaxing and working around the house and doing a little reading,
- 30:07interacting with your family. Now this person gave you another job, which
- 30:10is called coping. Cooping with this soreness and this aggravation and injury, you've
- 30:15got well, at minimum wage rates, that's fifty bucks a day to cope.
- 30:22And that's the job they gave you. You didn't ask for it.
- 30:25That's so I'm giving away. Well, I'm too old to worry about my
- 30:29secret closing arguments anymore. But I've used that any number of times with a
- 30:33good deal of success. So that's what I would do, period, and
- 30:37don't give up. Well, as far as my schedule, you weren't here
- 30:41last week, so Coop and I didn't get to talk about predictions. But
- 30:45my prediction would have been ni in never in Norman. It wasn't going to
- 30:48happen. I mean, I've been out there when they turned over the wagon,
- 30:52they ran it so many times. Oklahoma is an extremely talented team.
- 30:57Then they have access to the recruiting base in Texas, Arkansas, Oklahoma,
- 31:02and when they want a specially player, California, California, Florida, any
- 31:07place, they go up to the northeast and get offensive Lineman. Was it
- 31:11worse than I thought? I thought it was going to be about a three
- 31:14touchdown balls that turned out being what four? Five? But things didn't go
- 31:17right. The Mountaineers had any number of chances to cut the score by about
- 31:21twenty and got inside the five yard line twice and couldn't score, missed somewhat
- 31:26shippy field goal. So there's seventeen points that they're still going to I mean,
- 31:30you're not going to beat on a talent. The talent basis Oklahoma in
- 31:36Norman, and they had just come off two stinking losses and they were ready
- 31:40to play, and that's just what happened. But this weekend they're going to
- 31:44put a liquing on Cincinnata, Okay, and don Neland's going to be in
- 31:48stride. That's right. And the first game he played in Mountaineer Field was
- 31:52against Cincinnati. It was. I was there. I heard John Denver seing
- 31:56country Roads. Yes, the place wasn't finished yet. It was all rock
- 32:00around the edges. You had to walk through a construction site to get there.
- 32:01So that's two thirty on Saturday. I won't be at the game because
- 32:07in the pre Huggins implosion here, uh, this great package was offered for
- 32:13folks. I mean, I love these Thanksgiving tournaments. Last year was in
- 32:15Portland, the year before that was in Myrtle Beach, Puerto Rico, Vegas.
- 32:21And so the tournament is the Fort Myers tip Off. So but you
- 32:24had to buy the package and prepay for the package. This was in March,
- 32:30right after the Big twelve tournament, and I thought, well, we
- 32:32can't take a looking to a bad Maryland team in the tournament. Well that's
- 32:37where we're heading for Fort Myers, Florida. Now Huggy's gone and a great
- 32:44deal of what I was looking at is being a national title contender is gone
- 32:46through the transfer portal. But you can't give up on them. This team,
- 32:51if they can get through, they got one eleven non conference games before
- 32:57the first of the year. Now you're looking out there to Ohigh State Cleveland.
- 33:01I don't know that's the last non conference game. But suppose they can
- 33:06come out of there nine and three or eight and three, that would be
- 33:09some accomplishment. Yeah, it would be a major. And then you're thinking,
- 33:14well, can you win seven or eight games of the eighteen you're going
- 33:19to play in the Big twelve Conference. Well, that's tough. You got
- 33:22to win all your road games when you've only got an eight man roster.
- 33:25But they need to get the battle appeal. Well, sure, I mean
- 33:30you gotta have some shoot the ball. You can't get SETH. Wilson's to
- 33:34erratick and KB Johnson's not gonna have a game like that every day. And
- 33:37just just look, of course the Monmouth across the board. I thought they
- 33:42would outsize and out muscle Monmouth, but Monmouth. Look, King Rice is
- 33:45a really good coach. He loves to side of the fact that guy was
- 33:49at North Carolina. Yeah, coaching at the highest level and probably should have
- 33:52gotten the North Carolina job. And his son was a four year starter at
- 33:58buck now which is no chopsticks at a leading score a couple of years and
- 34:02comes in there as a graduate assistant playing for his dad and puts up thirty
- 34:07and I'm telling you some of them, he looked like a Curry. Oh
- 34:10yeah, he looked like Steph Curry. I mean literally, that's how I
- 34:13thought of when he threw in a couple of those threes with people in his
- 34:15face pushed him out way outside of the three point line. That looks like
- 34:20their game against Davidson when Curry put on a show the last two minutes,
- 34:22remember and his pull it out and beat us in the garden. Yeah,
- 34:25I mean, so they're gonna be games like that. But you know,
- 34:29if this team could win sixteen games, seventeen games, they're not going to
- 34:34make the tournament, but they're going to play in the postseason, and you
- 34:37know, if they get everybody back, anything can happen. We'll see.
- 34:40But that was my over eagerness to go to a holiday turn. You're going
- 34:45to Fort Meyers. So well, yeah, Tony. I saw Tony at
- 34:49the at the Monmouth the Montana State game. He says he's going on Monday.
- 34:54Well, he asked it. He's got to do the football on it.
- 34:59But the good thing is the games are like eight thirty Monday evening and
- 35:04either six o'clock or eight thirty on Wednesday. So if you're going to be
- 35:07in Florida, I mean, you've got four full days because the games aren't.
- 35:09Last year when we went to Portland, we saw, gosh, there's
- 35:15either ten or twelve games in four days because they were right. You know
- 35:20that the arenas were right next to each other, and you go, man,
- 35:23man, it was a great basketball at eighty kid from Purdue who got
- 35:28to see his act. That was something to see. But anyway, all
- 35:30right. Peaton Law Firm in Nirich, Peyton Law Firm in Nitro, Putndham
- 35:35County, West Virginia, about twenty minutes from downtown Charleston, ten or fifteen
- 35:38minutes from Hercut or Winfield or Poker, maybe twenty eighty five minutes from Buffalo.
- 35:45Cross Lanes is closed Saint Albans. If you have suffered a loss,
- 35:49an injuries, an automobile accident, a fall, a property damage claim,
- 35:54a problem with your insurance company who won't pay, or someone else's insurance who
- 35:59won't pay, year loss, that's what we do for a living. No
- 36:02TV advertising, and we're certainly not the biggest law firm in the universe,
- 36:07but that means you'll get to talk to me. You'll get to talk to
- 36:12my son Tom, and you'll get to talk to our staff, all of
- 36:14whom have been there like decades. Are better, and you can call us
- 36:19and see us anytime, and you'll see us in the gracery store and you'll
- 36:22see our names and the programs that I think my name's on a banner in
- 36:25Winfield High School now for they've got I got not shaken Dow. I'm the
- 36:30lady who used to work for a year to the Vietnam War. Her brother's
- 36:31names out there, Roger Bis, one of the bridges named after Oh,
- 36:37her granddaughters now cheerleader. So what are you gonna do? Yeah? Then
- 36:39my one of my former law partners, his granddaughter plays basketball for Nitro,
- 36:45and so does Steve Land and my barber, so you know they got new
- 36:46uniforms, which you're not going to get out of the biggest law firm in
- 36:51the universe that flies around in private jets. But from what you will get
- 36:54from us is the best representation you will get in this region. And the
- 37:00artists work on your behalf because we are here to help people, So we
- 37:02put our name on it. And if you don't like what you get and
- 37:07you can just call in here any we can shame us for. How's that
- 37:09all right, Harvey, don't use that's Paint Law Firm in Nitro. Paint
- 37:14Lawfirm dot com, send the email or stop buy First Avenue in Nitro or
- 37:19call three oh four seven five five fifty five fifty six seven five five fifty
- 37:23five fifty six, goodsena good sing Happy Thanksgiving. Thanksgiving. Yes, ABC
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