Latest / WCHS Network Podcasts / 02/06/2025 Ask the Lawyer with Tom Peyton

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02/06/2025 Ask the Lawyer with Tom Peyton · WCHS Network Podcasts

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  Speaker 4: And a very please, a good morning to you. You
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  Speaker 4: can put the power of patent on your side this morning.
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  Speaker 4: Three zero fourth three fourth two eight one three one
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  Speaker 4: three z four three four two eight one three one
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  Speaker 4: for the power of Peyton Peyton Lawfirm dot com in Nitro,
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  Speaker 4: West Virginia. Tom Peyton made it this morning. We're starting
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  Speaker 4: a little bit late because we had to make some
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  Speaker 4: uh uh, we had to make some considerations for some
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  Speaker 4: road conditions this morning.
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  Speaker 5: Yeah, rain or sleep nor snow Peyton law for m
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  Speaker 5: to get to Yeah, no matter, telephone, but it's not
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  Speaker 5: I like to be here. It's not the same. But yes,
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  Speaker 5: if you're you know, living hurricane. So I was coming
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  Speaker 5: down this morning. If you're traveling I sixty four east,
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  Speaker 5: first use I saw about I think I counted sixteen
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  Speaker 5: cars off the side of the road. I couldn't tell
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  Speaker 5: if they all had flat tires, but certainly the majority
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  Speaker 5: of them did, and most of them with the driver's
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  Speaker 5: side front and the pottholes that are the problem. Really
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  Speaker 5: got to start looking around the I call it the
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  Speaker 5: new Dunbar Interstate Bridge. It's old.
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  Speaker 6: Now.
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  Speaker 5: Right about the Jefferson Road exit on the right, there's
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  Speaker 5: one pretty significant pothole they haven't patched yet, and I
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  Speaker 5: was stopped on Interstate for about fifteen minutes. I assen
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  Speaker 5: there and they put hot patch down, which is kind
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  Speaker 5: of temporary asphalt there, and what I assume is the
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  Speaker 5: two big ones which were in the middle lane on
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  Speaker 5: the left side, which is why I saw a bunch
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  Speaker 5: of driver's side flat tires. But that you know that
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  Speaker 5: that patching in this rain, it's already crumbling out of
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  Speaker 5: the potholes, So just be if you take it slow,
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  Speaker 5: you'll be fine. I was obviously already, you know, I
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  Speaker 5: couldn't go fast because I had folks piled up in
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  Speaker 5: front of me. But uh, just be careful right there.
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  Speaker 5: And uh, just one of that we've had. We've had
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  Speaker 5: that incident used to be a joint on the Interstate
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  Speaker 5: here before we got the Virginia Street exit. That was
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  Speaker 5: causing some problems for a while. But I guess maybe
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  Speaker 5: so much rain, just just I don't know, caused the
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  Speaker 5: previous patch or pothole to get worse. But so be aware.
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  Speaker 5: If you're coming I sixty four east, expect delays and
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  Speaker 5: take it slow once you get to the Dunbar Interstate Bridge,
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  Speaker 5: because for that next quarter mile and a half mile
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  Speaker 5: there are problems could be in any of the lanes.
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  Speaker 5: As long as you take it slow, you'll be fine.
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  Speaker 4: If you're out there listening and you're waiting for service
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  Speaker 4: for your flat tire, I really have a lot of
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  Speaker 4: empathy for you because this is the worst type of
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  Speaker 4: weather to have something like that happened.
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  Speaker 5: Yeah, it was the record there one and then, but
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  Speaker 5: I mean it was it ran the gamut from a
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  Speaker 5: semi truck to there was a big snap on tools
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  Speaker 5: box truck. Oh my goodness, left tire is completely flat.
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  Speaker 5: Not the worst place to have a flat tire I
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  Speaker 5: did have. I went to the we talked about it.
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  Speaker 5: A few weeks ago. I went to the I'm on
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  Speaker 5: the board of governors for the State bar and we
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  Speaker 5: had our meeting in Shepherdstown. Really nice.
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  Speaker 6: But it was.
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  Speaker 5: Second weekend of January, so we were leaving on a Saturday.
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  Speaker 5: I sixty eight coming back. And if you've ever driven
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  Speaker 5: I sixty eight, when you get near the western your
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  Speaker 5: line traveling west, you're past Frostburg, you're pretty well out
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  Speaker 5: in nowhere. Sure, I think the there's a Friendsville exit,
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  Speaker 5: but there's about ten to fifteen miles where it's high
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  Speaker 5: elevation Interstate. This was the Saturday when it was up there.
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  Speaker 5: At least it was like eighteen degrees wind and snow
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  Speaker 5: and we got a flat.
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  Speaker 4: Not a great time.
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  Speaker 5: It wasn't a great time. It took me two hours
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  Speaker 5: and I was in a runner, my wife's fore runner,
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  Speaker 5: which I had not changed a tire on before, and
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  Speaker 5: so you don't know where the jack is, you don't
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  Speaker 5: know how to get the spare out and oh wow,
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  Speaker 5: you know, in a pile of snow on the side
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  Speaker 5: of the interstate with you know, semi is speeding by
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  Speaker 5: and moving moving the vehicle.
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  Speaker 7: But I got it done.
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  Speaker 5: It's one of those where you just when you.
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  Speaker 7: Get it done, you just you're glad you have it done,
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  Speaker 7: and you're glad to have it done, glad to be alive,
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  Speaker 7: because you know, you think, you don't think about it
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  Speaker 7: if you're not working along the interstate very much.
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  Speaker 5: Either a construction worker or maybe a law enforcement officer
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  Speaker 5: has to make those stops. But it's, uh, you're at
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  Speaker 5: the mercy of the drivers because you can't you can't
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  Speaker 5: change a tire or do much anything else on the
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  Speaker 5: side of the interstate and stop every time a Semi
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  Speaker 5: comes around the curve, and so you know, you just
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  Speaker 5: kind of do it and get it done.
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  Speaker 2: It was, it was.
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  Speaker 5: It was a nightmare of a tire change, but I
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  Speaker 5: was pretty proud I finally got it done.
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  Speaker 4: I was in Central Texas about three o'clock in the
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  Speaker 4: morning one time and had a flat tire and it
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  Speaker 4: was in an older car and I went to change
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  Speaker 4: with tire. It was it was a car that i'd
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  Speaker 4: had for a while, but it was my secondary car,
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  Speaker 4: and I sold everything I owned, and so this was
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  Speaker 4: my last car left. I hadn't driven around a whole lot.
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  Speaker 4: I got into the trunk to change my tire, and
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  Speaker 4: I didn't have a I didn't have a tire iron,
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  Speaker 4: so I didn't have a lug wrench where I could
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  Speaker 4: get the lugs off. I was stranded in central Texas
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  Speaker 4: at like three o'clock in the morning. This was pre
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  Speaker 4: internet day, so it was all I had was an Atlas.
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  Speaker 4: I didn't have a cell phone or anything like that. That
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  Speaker 4: didn't exist. And a family stopped in in a beat
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  Speaker 4: up pickup truck. It was a man and a woman
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  Speaker 4: and two children and gave me a ride into the
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  Speaker 4: nearest town. I don't even remember what the town was.
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  Speaker 4: It was a tiny little town where I would wait.
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  Speaker 4: I got a place to sleep overnight and got help
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  Speaker 4: in the morning.
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  Speaker 5: That's where I thought we were going. We had to
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  Speaker 5: get a ride and just had to wait till the
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  Speaker 5: next day because we did try, you know, and kind
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  Speaker 5: of going back. Most folks, automobile insurance, if you have comprehensive,
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  Speaker 5: does have roadside assistance with it, and so I called
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  Speaker 5: my automobile ensurre and they some in Arizona answered adjusting
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  Speaker 5: the claim and it's it's actually using insure that I
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  Speaker 5: have a love hate relationship with because one they have
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  Speaker 5: a lower premium, so I use them for my automobile insurance.
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  Speaker 5: Two they're really bad at handling certain claims, which causes delays.
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  Speaker 5: But they're so bad that oftentimes I get really good
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  Speaker 5: results from my clients because by the time we get
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  Speaker 5: to the end, they've behaved so badly, they've they've dug
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  Speaker 5: themselves into a hole. But that day there was nobody available.
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  Speaker 5: The guys that do the record service and things like
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  Speaker 5: that were all out either plowing snow or had other calls,
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  Speaker 5: so we were we were stuck. But although I did
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  Speaker 5: get that was a Saturday, and Monday morning, I did
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  Speaker 5: get a text back from it's probably AI or something
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  Speaker 5: from my automobile ensure, probably the largest automobile ensure in
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  Speaker 5: the country. In fact, I can pretty well bank on it,
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  Speaker 5: so figure out who it is. But they texted me
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  Speaker 5: that hey, because I was getting calls myself and from
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  Speaker 5: a number I at no not answering because I'm at
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  Speaker 5: work and it was my automobile and sure who had
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  Speaker 5: contacted somebody to come help us, And so that guy
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  Speaker 5: was calling me to make contact before he drove to
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  Speaker 5: where we supposedly were on the interstate, and then my
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  Speaker 5: insurer was texting me automated text saying it's ready. And
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  Speaker 5: then finally I called the guy back and said, well,
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  Speaker 5: this was this happened Saturday and we're not still sitting
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  Speaker 5: out there. I just told me about it. I was like, well, sorry,
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  Speaker 5: but we're fine. But it is just for those out there,
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  Speaker 5: you aren't with completely without recourse. If you have a
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  Speaker 5: vehicle damaged or you have to buy a new tire
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  Speaker 5: as a result of potholes, the state has with immunity
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  Speaker 5: from suit. So when you have either an injury bodily
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  Speaker 5: injury or property damage as a result of road conditions,
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  Speaker 5: for example, he generally you can't sue the state for that.
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  Speaker 5: It depends on the facts of the situation. But if
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  Speaker 5: there's active construction, like workers out there working and there's
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  Speaker 5: a problem, or you get some damage or injury, then
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  Speaker 5: you potentially can file a claim because there is some
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  Speaker 5: insurance that covers the state when there's active construction going on.
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  Speaker 5: At least that's the way it's been traditionally over the years.
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  Speaker 5: If there's insurance available to cover it, then there's no
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  Speaker 5: real immunity to prevent you from filing a conventional lawsuit.
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  Speaker 5: But for potholes like we had to debt, it used
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  Speaker 5: to be called the Court of Claims. Now it's the
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  Speaker 5: Legislative Claims Commission, maybe the last eight nine years, and
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  Speaker 5: so you can file what is in essence and administrative
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  Speaker 5: type complaint. I've never filed one myself or represented anybody
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  Speaker 5: on a simple property damage claim in that process, but
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  Speaker 5: I think they have some kind of parameters where they
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  Speaker 5: will honor those requests. If you can verifiable documentation of
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  Speaker 5: the pothole and receipts for any cost, they'll pay you
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  Speaker 5: back your out of pocket costs. But you do have
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  Speaker 5: to go through the process and it's not instant. The
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  Speaker 5: Legislative Claims Commission is the is the court. I think
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  Speaker 5: it's a three judge panel, so you don't have a
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  Speaker 5: jury trial or anything, but you can actually try your
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  Speaker 5: case there before that panel, and if you win an award,
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  Speaker 5: then it's sent over to the legislature for approval, which
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  Speaker 5: was no requirement they approve it. I think they traditionally
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  Speaker 5: pay these type claims. So if you can probably go
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  Speaker 5: on the Legislative Claims Commission website. It may even be
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  Speaker 5: through the Attorney General's office, and there should be some
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  Speaker 5: direction there about how to submit a claim for damage
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  Speaker 5: resulting from a pothole. And certainly, I mean if you
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  Speaker 5: think about it while you're out the interstate trying to
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  Speaker 5: change your tire, I mean today's event, as long as
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  Speaker 5: you have some evidence you actually had a some damage today,
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  Speaker 5: there shouldn't be any real question about whether it was
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  Speaker 5: the pothole or not, as long as you're in that
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  Speaker 5: area of Interstate sixty four, because there's so many people
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  Speaker 5: that have had a problem. Normally, though, you need to
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  Speaker 5: go back and verify the pothole, like get and you
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  Speaker 5: got to be careful because you don't want to take
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  Speaker 5: pictures just like yeah, there's real close up pictures. Well,
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  Speaker 5: you got to get some pictures in context, so you
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  Speaker 5: can do a close one to show how bad it is,
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  Speaker 5: but back up where you can see some monuments on
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  Speaker 5: the side, maybe a power pole with a number on
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  Speaker 5: it or something like that or something, yes, something, so
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  Speaker 5: you can show where it was and then get your
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  Speaker 5: receipts and then you can make those claims and eventually
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  Speaker 5: you probably will be reimbursed once you go through the process.
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  Speaker 5: And I think it's it's those generally. I don't think
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  Speaker 5: you have to come and have a trial on it,
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  Speaker 5: because if you can provide sufficient documentation, they just kind
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  Speaker 5: of pass them through. I haven't handled that because you know,
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  Speaker 5: it doesn't make you don't get your lawyers. He's back
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  Speaker 5: in addition to that, so it doesn't make a lot
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  Speaker 5: of sense for the client or for us to get
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  Speaker 5: involved in us. Now, if you hit a pothole and
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  Speaker 5: have an injury, you know, you you'er off the road
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  Speaker 5: and somebody gets hurt, then that's the type of claim
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  Speaker 5: that we might handle through the Legislative Claims Commissi, because
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  Speaker 5: it's not just property damage. You can have body injury
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  Speaker 5: type claims be processed through that through that UH Claims
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  Speaker 5: Commission as well.
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  Speaker 4: I can imagine. It seems like that's one of those
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  Speaker 4: things the barrier almost it's not a huge barrier, but
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  Speaker 4: the barrier of the process has to almost be in place,
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  Speaker 4: because if you just have tire damage, I mean, it
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  Speaker 4: could be that that could be reimbursed for you and
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  Speaker 4: it might be a couple hundred dollars fixed or something
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  Speaker 4: like that for it to get done. But there's also
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  Speaker 4: people out there that this could happen to. Not only
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  Speaker 4: is there a tire problem, but maybe you got something
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  Speaker 4: that goes on with you with like an axle or
• 11:32
  Speaker 4: with like a barying or something along those lines, and
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  Speaker 4: it's a more and it's a more expensive fix. Those
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  Speaker 4: people are probably a little bit more inclined to go
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  Speaker 4: through the process.
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  Speaker 2: Right if you have a bill.
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  Speaker 5: Now, at the same time, keep in mind that if
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  Speaker 5: you're you know, automobile and sure pays pretty much every
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  Speaker 5: automobile ensure has a language in their policy something called subrogation,
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  Speaker 5: which is a weird word, but what it means is,
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  Speaker 5: in essence, they can either prosecute your claim for you
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  Speaker 5: and try and get their money back. So let's say
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  Speaker 5: you have ACME Auto Insurance and they paid four thousand
• 12:04
  Speaker 5: dollars for your car repair and your policy you give
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  Speaker 5: them the right to go after, for example, the state,
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  Speaker 5: to try and get reimbursement for themselves. Now, if you
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  Speaker 5: have a deductible, they should get that back for you
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  Speaker 5: and then you get that in your pocket. But you
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  Speaker 5: can also prosecute those yourself. Now, generally, when if you
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  Speaker 5: recover for the same thing that you're auto Insure already
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  Speaker 5: paid you, then you got to pay back your automobile.
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  Speaker 5: And sure, so you got to watch that. You don't
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  Speaker 5: want to do a lot of work necessarily end up
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  Speaker 5: having to to pay most of the money back to
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  Speaker 5: your automobile. And sure, they'll probably works something out where
• 12:35
  Speaker 5: they just wave it if you do all the work
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  Speaker 5: to collect the money and don't have to reimburse them,
• 12:39
  Speaker 5: but you do have to watch for that.
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  Speaker 4: Yeah, it's all great information. And when stuff like this
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  Speaker 4: comes up, I mean it's just like two days ago,
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  Speaker 4: I was having this conversation about the West Virginia's process
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  Speaker 4: for fouling for road damage vehicles and potholes and things
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  Speaker 4: like that, and just two days later, for literally forty
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  Speaker 4: eight hours later, we're talking about it as being a
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  Speaker 4: pretty major story here with it things happening here in
• 13:00
  Speaker 4: the Kenall Valley and uh, the uh the pot, I
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  Speaker 4: guess it's a pothole or the pot whole seam or the.
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  Speaker 5: Yeah, it was that a scene. They weren't really big,
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  Speaker 5: I mean they were what I saw was a couple
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  Speaker 5: of feet by foot or something. But they must have
• 13:15
  Speaker 5: been quite deep and just pinched the tires or something.
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  Speaker 5: But but yeah, now if you get you know, if
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  Speaker 5: you hit a pothole and have it causes you to wreck,
• 13:24
  Speaker 5: for example, somebody gets injured, then that's a potential claim
• 13:28
  Speaker 5: that we can handle through the Legislative Claims Commission, And
• 13:32
  Speaker 5: and so you can give us a call if you've
• 13:34
  Speaker 5: got an issue like that and maybe we can help
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  Speaker 5: you out. If it's property damage as far as just
• 13:40
  Speaker 5: a few thousand dollars or less, then you can just
• 13:42
  Speaker 5: try and file the administrative claim yourself and you'll probably
• 13:45
  Speaker 5: get reimbursed somewhere down the line. I don't used to
• 13:48
  Speaker 5: be it's it's defined those claims. When you win an award,
• 13:53
  Speaker 5: it's it's defined as a moral obligation of the state.
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  Speaker 5: So you don't actually get a judgment where you can
• 13:59
  Speaker 5: prosecute against the state and try and collect it like
• 14:01
  Speaker 5: you would if you had a case in regular court
• 14:05
  Speaker 5: maybe between private entities or citizens, where you win and
• 14:08
  Speaker 5: you can do things like garner's wages attached back accounts,
• 14:10
  Speaker 5: things like that. If you win an award for the
• 14:13
  Speaker 5: Legislative Claims Commission, it's literally defined as a moral obligation
• 14:16
  Speaker 5: of the state. But and so the legislature has to
• 14:19
  Speaker 5: appropriate money to pay those. I think traditionally they do
• 14:21
  Speaker 5: pretty much fund payments on all of those, certainly the
• 14:26
  Speaker 5: type of claims we've been talking about this morning, so
• 14:28
  Speaker 5: you'll if you can document it, you'll probably get reimbursed.
• 14:32
  Speaker 4: Great information is always from Tom Payton from the Payton
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  Speaker 4: Law Froom and right off of the headlines this morning
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  Speaker 4: for everything that's going on in the Kanall Valley with
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  Speaker 4: the big podole that we had one I sixty four
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  Speaker 4: eastbound and the multiple vehicles up towards between fifteen and
• 14:43
  Speaker 4: twenty vehicles that had damage or flats on the side
• 14:46
  Speaker 4: of the road. I'll tell you what we're going to
• 14:48
  Speaker 4: twitch topics up just a little bit. Tom has some
• 14:49
  Speaker 4: other things he's going to talk about. We're already about
• 14:51
  Speaker 4: the twenty minute point of the program, so let's go
• 14:54
  Speaker 4: in and take our break.
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  Speaker 2: Now.
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  Speaker 4: We'll come back with a fresh pair of ears and eyes,
• 14:57
  Speaker 4: and we can take your phone calls if you want
• 14:58
  Speaker 4: to wait in and control the conversation. Three zero four
• 15:01
  Speaker 4: three four two eight one three to one three zero
• 15:02
  Speaker 4: four three four two eight one three one. You can
• 15:04
  Speaker 4: find out more about the Peyton Law Firm online. It's
• 15:06
  Speaker 4: Peyton Lawfroom dot com, Peyton Lawfirm dot com, pe y
• 15:09
  Speaker 4: t and Peyton Lawfirm dot com located in Nitro, West Ridge.
• 15:12
  Speaker 4: You're gonna take a one minute break be backward after this.
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  Speaker 3: Put the power of Bayby on the side. We have
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  Speaker 4: Three zer a four three four two eight one three
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• 17:03
  Speaker 4: talked about the mess on sixty four coming into charleson
• 17:06
  Speaker 4: this morning with a potholes process going through to try
• 17:08
  Speaker 4: to get back some of damage on that. But there's
• 17:11
  Speaker 4: other things to talk about as well, and yeah.
• 17:12
  Speaker 5: Money going on in the news national and local level,
• 17:15
  Speaker 5: of course, take a minute, just in case we got
• 17:18
  Speaker 5: new listeners here. What we do with the Paytent Law firm.
• 17:20
  Speaker 5: Although we talk a little light politics here in current events,
• 17:23
  Speaker 5: but primarily we do civil litigation, so we represent some
• 17:27
  Speaker 5: small businesses, but for the most part, you represent folks
• 17:30
  Speaker 5: that have been harmed in consumer transactions accidents of some sort,
• 17:35
  Speaker 5: either physically harmed what they call bodily injury, or financially
• 17:40
  Speaker 5: harmed in some way by an insurance company or something
• 17:43
  Speaker 5: to that effect. That's kind of the bread and butter
• 17:44
  Speaker 5: of what we do. At the same time, we like
• 17:47
  Speaker 5: to help people if we can, so we do some
• 17:51
  Speaker 5: basic of state planning, some deed work, decent amount of
• 17:55
  Speaker 5: SoC security disability claims. We used to do a pretty
• 17:58
  Speaker 5: good job on those. Because we don't get dozens of
• 18:01
  Speaker 5: them going at any one time. We kind of try
• 18:04
  Speaker 5: and keep them a dozen or less not that way
• 18:05
  Speaker 5: we can keep really good track of them and know
• 18:07
  Speaker 5: what's going on with the claim. Because those are you
• 18:09
  Speaker 5: don't think about it. Those are administrative claims, but they're
• 18:12
  Speaker 5: really really important to people because you get generally one
• 18:16
  Speaker 5: shot at a hearing, and it sometimes takes you two
• 18:18
  Speaker 5: years or longer to get to the point of a
• 18:20
  Speaker 5: hearing from the time you first fire your applications. So
• 18:23
  Speaker 5: you need to have a lawyer that's in a law
• 18:26
  Speaker 5: firm that's gotten the correct information of so security and
• 18:28
  Speaker 5: prepares you properly and has some strategy. When you go
• 18:31
  Speaker 5: in the hearing, you shouldn't really be meeting your lawyer
• 18:35
  Speaker 5: or some lawyer from the firm you hired for the
• 18:37
  Speaker 5: first time, you know, when you shut up at the hearing,
• 18:39
  Speaker 5: which I've heard some stories of that, but we do
• 18:43
  Speaker 5: a good job on those. But yeah, kind of from
• 18:47
  Speaker 5: the news level, I was just thinking today, it's hard
• 18:51
  Speaker 5: to imagine imagine a state where you've got people that
• 18:58
  Speaker 5: live in towns out really you know, build a house
• 19:02
  Speaker 5: out of private drive somewhere miles and miles of miles
• 19:04
  Speaker 5: where you've got to rely on your yourself or infrastructure.
• 19:08
  Speaker 5: People live in towns and don't have putable water. They
• 19:11
  Speaker 5: have to go pick up water somewhere and that's just
• 19:13
  Speaker 5: what's expected of them. Or we have or the state
• 19:17
  Speaker 5: that has jails where it's just the wild West and
• 19:19
  Speaker 5: the jails the guards can do whatever they want to
• 19:21
  Speaker 5: do because and they do because they know.
• 19:23
  Speaker 2: Where to take inmates that.
• 19:27
  Speaker 5: They want to be mean to, putting it nicely out
• 19:29
  Speaker 5: of camera's view, and that kind of thing where people
• 19:32
  Speaker 5: are sleeping on floors and what has amultitude in the
• 19:36
  Speaker 5: past to cruel unusual punishment, or or a state where
• 19:40
  Speaker 5: we have a child welfare welfare system where we ship
• 19:44
  Speaker 5: kids out of state to private entities who then abuse
• 19:48
  Speaker 5: them more or maybe have folks putting kids in a
• 19:53
  Speaker 5: shed and locking them in and our child welfare system
• 19:56
  Speaker 5: can't even seem to follow up, so where neighbors have
• 20:01
  Speaker 5: to call over and over again before the police finally
• 20:03
  Speaker 5: do something and results in the conviction of the parents
• 20:07
  Speaker 5: by over like thirty counts. Keep in mind CPS was
• 20:09
  Speaker 5: in there and then didn't find anything and never followed
• 20:13
  Speaker 5: up like they should have. And I think by the
• 20:15
  Speaker 5: time that CPS worker testified, she was wearing orange in jail.
• 20:20
  Speaker 5: So imagine all of that. But the newly elected governors.
• 20:28
  Speaker 5: What I've seen biggest in the in the in the
• 20:32
  Speaker 5: headlines is he's trying to get rid of the quote
• 20:35
  Speaker 5: woke virus, and that mostly involves potentially, let's say there's
• 20:42
  Speaker 5: very small percentage of juveniles still in high school or
• 20:47
  Speaker 5: maybe middle school that have either confusion or biological issues
• 20:53
  Speaker 5: or mental health issues that caused them to not identify
• 20:58
  Speaker 5: as the gender they were born with. Very small percentage
• 21:03
  Speaker 5: in West Virginia. Even smaller is there might be in
• 21:08
  Speaker 5: our entire state two or three of those individuals that
• 21:11
  Speaker 5: were born with a certain biological sex but identifies another
• 21:16
  Speaker 5: and plays extracricul activities. So that's even a smaller portion.
• 21:22
  Speaker 5: I mean, it's got to be zero point two percent
• 21:25
  Speaker 5: or something or less of our population. Yet with all
• 21:29
  Speaker 5: those other problems we got, that's West Virginia. So then
• 21:34
  Speaker 5: we have Governor Morrisey going on and preaching about the
• 21:37
  Speaker 5: woke virus and bragging about how we've rounded up I
• 21:41
  Speaker 5: guess sixty or seventy people maybe here locally, I don't
• 21:44
  Speaker 5: know if it was throughout the entire state. That maybe
• 21:49
  Speaker 5: in the United States illegally, and that's that's supposed to
• 21:52
  Speaker 5: be a big deal and help us out. I just
• 21:54
  Speaker 5: feels like I'm in the twilight zone sometimes because when
• 21:56
  Speaker 5: I think of important things, not that those things aren't
• 21:59
  Speaker 5: in important, and certainly they are to the to the
• 22:01
  Speaker 5: folks that feel marginalized because they're in a minority for
• 22:04
  Speaker 5: some reason. But major, major problems aren't getting solved. All
• 22:10
  Speaker 5: the while we're having press conferences on the quote woke virus,
• 22:14
  Speaker 5: and it's just to me, I think it's sad, and
• 22:17
  Speaker 5: it's it's it's unfortunate, and and the child welfare system
• 22:21
  Speaker 5: is starting to come to fruition. We've had a lot
• 22:23
  Speaker 5: of political rhetoric about how we're doing something about it,
• 22:29
  Speaker 5: but it doesn't appear that we're doing very much about it.
• 22:32
  Speaker 5: And and I saw I think it's on the a
• 22:37
  Speaker 5: few Metro news website, but they there's a judge, Judge Sweeney,
• 22:41
  Speaker 5: Timothy Sweeney, who's in the third Judicial Circuit, which covers
• 22:46
  Speaker 5: I believe Doddridge, Lewis, Pleasants, Richie and Upshur County, or
• 22:50
  Speaker 5: at least that's the region of the Department of Human
• 22:53
  Speaker 5: Services that Child Protective Services covers Region one, I think
• 22:57
  Speaker 5: is what it's called. So interestingly, he has a case
• 23:02
  Speaker 5: that's styled I'm not sure a lawsuit was filed or
• 23:05
  Speaker 5: if he just created this case kind of sui sponte.
• 23:10
  Speaker 5: That's the legal term for when judge does something on
• 23:13
  Speaker 5: their own without being asked to do it regard the
• 23:17
  Speaker 5: cases stalled, regarding critical understaffing of the Department of Human Services. Now,
• 23:21
  Speaker 5: keep in mind, circuit judges are the ones that handle
• 23:23
  Speaker 5: juvenile delinquency cases. If a kid isn't getting to school,
• 23:27
  Speaker 5: for example, or has spraysed, graffiti or regular significant crimes
• 23:33
  Speaker 5: if you were an adult, they handle those as well.
• 23:35
  Speaker 5: But they also handle all the abuse in neglect cases.
• 23:37
  Speaker 5: They have to oversee these cases, which our Supreme Court
• 23:41
  Speaker 5: has emphasized over and over again that those abuse and
• 23:44
  Speaker 5: neglect cases get basically the highest priority of any case.
• 23:48
  Speaker 5: I mean, I've had them, I've appealed them, and they
• 23:52
  Speaker 5: get fast tracked by the rules and by the Supreme
• 23:55
  Speaker 5: Court because they're so important. Now, this judge sees that
• 24:00
  Speaker 5: every day he's dealing with where do we place these children?
• 24:02
  Speaker 5: They can't go back into deplorable conditions in the home.
• 24:07
  Speaker 5: The parents maybe have mental health issues or drug problems,
• 24:11
  Speaker 5: which has led to a lot of this, and we've
• 24:14
  Speaker 5: heard stories about CPS workers having to house kids in
• 24:16
  Speaker 5: an office, motel rooms, and of course shipped out of
• 24:21
  Speaker 5: state to private entities. I know our state has contracted
• 24:25
  Speaker 5: out some of these some of this foster care to
• 24:31
  Speaker 5: corporations or entities. And I know I saw a story
• 24:35
  Speaker 5: two or three weeks ago somewhere in the north or
• 24:37
  Speaker 5: central part of the state where outright criminals have been
• 24:41
  Speaker 5: hired to watch these children and it was so bad
• 24:43
  Speaker 5: that they were then committing crimes around the town. And
• 24:48
  Speaker 5: I can't find that article again. So if somebody is
• 24:50
  Speaker 5: aware of that, maybe they could email it to me,
• 24:51
  Speaker 5: because I'm curious why I can't find it on Google
• 24:54
  Speaker 5: now unless I dream that I read it. And it's
• 24:57
  Speaker 5: well documented these out of state facilities we've been sending
• 24:59
  Speaker 5: kids to, they've then been re abused again because they're
• 25:02
  Speaker 5: in such a terrible uh.
• 25:04
  Speaker 4: And there's investigations that come from multiple state, multiple agencies,
• 25:06
  Speaker 4: multiple journalistic places. I mean, this is pretty objective as
• 25:11
  Speaker 4: far as it goes that these places are terrible places
• 25:13
  Speaker 4: to put children.
• 25:14
  Speaker 5: Right, Sure, But you know why would that get significance
• 25:18
  Speaker 5: when we got to worry about the woke virus.
• 25:20
  Speaker 4: Well, we might we might be forty nine and fiftieth
• 25:22
  Speaker 4: in human capital services and human services and things like that,
• 25:26
  Speaker 4: but we might be number one in vaccinating against the
• 25:28
  Speaker 4: woke mind virus. Right, So there's there's something to it.
• 25:32
  Speaker 5: And a kid on some of it. But you know
• 25:36
  Speaker 5: somebody who's been in the abuse neglect system as a
• 25:38
  Speaker 5: lawyer trying to help kids, both as a guardian for
• 25:40
  Speaker 5: them and and in other ways. It's it's really sad,
• 25:44
  Speaker 5: it's frustrating, so you don't know what to really do
• 25:47
  Speaker 5: about it. But Judge Sweeney knows one thing to do
• 25:50
  Speaker 5: about it. So he has entered an order a couple
• 25:54
  Speaker 5: of days ago. But he found that it's come to
• 25:58
  Speaker 5: the attention of the court that the Department of Human
• 26:00
  Speaker 5: Resources is severely understaffed. So you might I've heard of
• 26:07
  Speaker 5: cases where you show up and there's no caseworker there,
• 26:11
  Speaker 5: just don't have anybody there at all, and you got
• 26:13
  Speaker 5: this kid there that's not being custody yet. But it's
• 26:17
  Speaker 5: just problematic. Obviously, Judge Sweeney's seeing something personally.
• 26:20
  Speaker 8: UH.
• 26:21
  Speaker 5: He notes the understaffing is an immediate and critical threat
• 26:23
  Speaker 5: to at risk children, the most vulnerable residents of this
• 26:27
  Speaker 5: circuit and state UH and juveniles are supposed to be
• 26:30
  Speaker 5: the highest priority for the judiciary in the state. So
• 26:34
  Speaker 5: Sue Sponte on his own, he appoints various Department of
• 26:41
  Speaker 5: Human Services higher ups that would be let's see Laura Ellis,
• 26:46
  Speaker 5: Deputy commission of Field Operations, Kim Rickett's special consultant to
• 26:50
  Speaker 5: the Secretary, Alex mayor Or Meyer, who I think is
• 26:53
  Speaker 5: the recently appointed Secretary of the Department of Human Resources,
• 26:57
  Speaker 5: Channing Kravannak General Counsel, and Lorie Bragg, Deputy Commissioner of
• 27:01
  Speaker 5: Policy and Programs, And he is essentially said, those folks
• 27:06
  Speaker 5: are going to work as caseworkers so they can come
• 27:10
  Speaker 5: down to let's see Harrisville. Harrisville, Yeah, county seat of
• 27:17
  Speaker 5: I think Richie County, and help stop this immediate critical
• 27:22
  Speaker 5: staff shortage in the applicable counties. And they will be
• 27:26
  Speaker 5: under the immediate supervision and direction of Johndrea Nicholson's Social
• 27:31
  Speaker 5: services manager. Maybe she's a local person, but we'll see
• 27:36
  Speaker 5: what happens there. Then the folks I just recited are
• 27:40
  Speaker 5: then ordered to appear personally under the penalty of contempt
• 27:44
  Speaker 5: on February twentieth at nine am at the Richie County Courthouse.
• 27:48
  Speaker 5: And so, you know, we'll see what happens there. Might
• 27:51
  Speaker 5: be exceeding his authority there, I don't know. We'll see
• 27:54
  Speaker 5: if any of those folks try and file a you know,
• 27:57
  Speaker 5: some kind of petition or for a prohibition or something
• 28:01
  Speaker 5: to stop this order.
• 28:02
  Speaker 2: But you know, no.
• 28:04
  Speaker 5: Judge is going to do this lightly. But I think
• 28:09
  Speaker 5: he's been there for a while. Yeah, probably just had
• 28:11
  Speaker 5: enough of it.
• 28:13
  Speaker 4: The thing that really bothers me my opinion on this,
• 28:15
  Speaker 4: this seems like a judge that's really at the end
• 28:17
  Speaker 4: of his conscious he feels like he needs to do something.
• 28:19
  Speaker 4: I don't want to put I don't want to imply
• 28:22
  Speaker 4: uh reasoning here. But the thing that really bothers is
• 28:25
  Speaker 4: it seems like people that know about these circumstances are
• 28:28
  Speaker 4: setting out the warning flags as well as they can.
• 28:30
  Speaker 4: We need help. There needs to be help. There's problems, sure,
• 28:33
  Speaker 4: but the things that we're dealing with are things went
• 28:35
  Speaker 4: in like a national level that don't even really apply
• 28:37
  Speaker 4: to West Virginia a lot of times. And that's the
• 28:39
  Speaker 4: thing that kind of bothers me. There's real type of
• 28:41
  Speaker 4: things here that we can address this.
• 28:43
  Speaker 5: There are ways to solve this problem. Yeah, and it
• 28:45
  Speaker 5: involves money and resources and a commitment of time, which
• 28:51
  Speaker 5: time is one of those things that's limited for everybody.
• 28:54
  Speaker 5: So if you worry about all these things that get
• 28:57
  Speaker 5: headlines that are not unimportant but affect a much smaller
• 29:03
  Speaker 5: portion of the population. But you want to whatever try
• 29:07
  Speaker 5: and conform to some national theme, which is basically the
• 29:14
  Speaker 5: same gamut, then you don't get things resolved that are
• 29:18
  Speaker 5: affecting a lot of people and affecting the welfare of
• 29:22
  Speaker 5: not just children but everybody in the state. It's just
• 29:24
  Speaker 5: a complete black eye that a judge would even circuit
• 29:27
  Speaker 5: duge would even have to do this. So we'll see
• 29:30
  Speaker 5: if the legislature will just spend about a week and
• 29:33
  Speaker 5: get you know, get people that know I mean, I
• 29:37
  Speaker 5: guess if you want to keep cutting government, which is
• 29:40
  Speaker 5: what I'm hearing too from governor more soon, you're not
• 29:42
  Speaker 5: going to get anything done because you're not going to
• 29:44
  Speaker 5: be able to privatize this and do it properly. In
• 29:48
  Speaker 5: my opinion, so we've got to spend some of our resources.
• 29:51
  Speaker 5: As taxpayers in the state. Since we've been last three
• 29:56
  Speaker 5: or four years, have been being told how great we
• 29:58
  Speaker 5: are off financially, sure plus so great that we can
• 30:01
  Speaker 5: cut our income tax and help the richest people because
• 30:03
  Speaker 5: it only you know that cutting the income tax in
• 30:06
  Speaker 5: Westvinia at such a low rate, the folks that need
• 30:09
  Speaker 5: those cuts the most are saving very little each year.
• 30:12
  Speaker 5: But the folks that are reaping in millions or you know,
• 30:16
  Speaker 5: apply that same percentage, they're saving quite a bit. But
• 30:20
  Speaker 5: we'll see what the legislature does with it and what
• 30:22
  Speaker 5: Governor mores She does with it. He's new obviously as
• 30:25
  Speaker 5: as the governor, so uh, he needs a chance. But
• 30:30
  Speaker 5: these headlines he's getting about, you know, folks in the
• 30:33
  Speaker 5: country illegally or he's putting out there, and about the
• 30:35
  Speaker 5: woke virus, it just doesn't resonate with me when I'm
• 30:38
  Speaker 5: seeing other severe, significant problems that I mean, that's what
• 30:43
  Speaker 5: you should be talking about almost every presser instead of
• 30:47
  Speaker 5: this other stuff he's putting out there. So it's we'll
• 30:51
  Speaker 5: see what comes of this order those So February twentieth,
• 30:54
  Speaker 5: we'll have another show between now and then and we'll
• 30:57
  Speaker 5: kind of follow up on this and see if he
• 30:58
  Speaker 5: needs Yeah, these high ups will just figure that's what
• 31:02
  Speaker 5: I worry about with the national administration and the state.
• 31:04
  Speaker 5: And I've seen some commentary about, well, who cares what
• 31:06
  Speaker 5: that judge says. You know, when you start behaving like that,
• 31:10
  Speaker 5: then it becomes dangerous because the country starts to become
• 31:14
  Speaker 5: full of lawlessness. And me you just that's when society
• 31:17
  Speaker 5: just collapses. So they're gonna and these folks are professionals.
• 31:21
  Speaker 5: I mean, I know Kravanyak's a lawyer, and so I
• 31:24
  Speaker 5: would assume that person's not going to just ignore a
• 31:27
  Speaker 5: court order. They're going to address it. But if they
• 31:29
  Speaker 5: don't show up there and they don't take action to
• 31:31
  Speaker 5: stop it, and the order stays in place and they're
• 31:33
  Speaker 5: in contempt, I mean, the judge can send law enforcement
• 31:37
  Speaker 5: to go pick them up and bring them to the courthouse.
• 31:39
  Speaker 5: And and I don't know that the feeling I get
• 31:42
  Speaker 5: is that he doesn't necessarily want them to do case
• 31:44
  Speaker 5: worker work.
• 31:44
  Speaker 6: But if you're.
• 31:48
  Speaker 5: In an ivory tower, it's not going to hurt you
• 31:50
  Speaker 5: to go down at ground level and see how this
• 31:52
  Speaker 5: is really operating and see what these children are going
• 31:55
  Speaker 5: through and what the local workers are going through they're
• 31:57
  Speaker 5: trying to deal with the problem. To me, that all
• 32:00
  Speaker 5: helps make policy on the high end. And that's how
• 32:03
  Speaker 5: I've kind of always operated. You got to get your
• 32:07
  Speaker 5: hands dirty a little bit to see what goes on
• 32:09
  Speaker 5: down there, and then that helps you solve the problems
• 32:11
  Speaker 5: from a policy level. And so we'll see all this
• 32:13
  Speaker 5: one comes out February twentieth. There'll be something fouled before then,
• 32:16
  Speaker 5: probably so they don't have to go show up in
• 32:17
  Speaker 5: Ritchie County, or maybe they will. I mean one other
• 32:20
  Speaker 5: two of them could just say, well, I know there's
• 32:23
  Speaker 5: a problem, so I'm gonna go down to Ritchie and
• 32:24
  Speaker 5: take a long on this day and see what the
• 32:26
  Speaker 5: judge has to say, and I'll help the best I can.
• 32:28
  Speaker 5: It's another way to look at it rather and just
• 32:30
  Speaker 5: fight it and then allege some kind of judicial overreach,
• 32:33
  Speaker 5: which is probably what we're going to see, some kind
• 32:35
  Speaker 5: of adversarial response. But it's an unusual order. I haven't
• 32:40
  Speaker 5: seen one like this before, and I'm really curious to
• 32:43
  Speaker 5: watch and see how it plays out.
• 32:44
  Speaker 4: Yeah, that's really fascinating stuff. I'm glad you brought it
• 32:47
  Speaker 4: to our attention. It's an interesting story to follow if
• 32:50
  Speaker 4: nothing else. Of course, if you need to put the
• 32:51
  Speaker 4: law on your side, as just a regular resident and
• 32:54
  Speaker 4: you have any number of things that we talked about
• 32:56
  Speaker 4: this morning, or that we talk about during the course
• 32:57
  Speaker 4: of the decades, when the air for the Payton Law,
• 33:00
  Speaker 4: you can give the Payton Law Firm a call. Of course,
• 33:02
  Speaker 4: Peyton Law Firm in Nitro Westfrgingia. The The website is
• 33:05
  Speaker 4: Peyton Lawfirm dot com, Peyton Lawfirm dot com, p E
• 33:08
  Speaker 4: y T you and Peyton Lawfirm dot com. Located at
• 33:10
  Speaker 4: twenty eighth one First Avenue and Nitro. The phone number
• 33:13
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• 33:15
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• 33:18
  Speaker 4: Back here every Thursday at eight twenty one five ADW
• 33:21
  Speaker 4: chs rast lawyer Tom.
• 33:22
  Speaker 5: Thank you so much for your Tom as always glad
• 33:23
  Speaker 5: to be here. Glad I made it. Yeah, you may
• 33:25
  Speaker 5: be safe out there. It's yeah. It's also water on
• 33:27
  Speaker 5: the interstate too. On the inside lane, Sery. Just take
• 33:30
  Speaker 5: it slow and you'll be fined.
• 33:31
  Speaker 4: Yep. Just keep a slow and steady, keep it between
• 33:33
  Speaker 4: the lines. Have a great day everyone. Coming up next
• 33:36
  Speaker 4: is Dave All and follow bout talk one. I'll be
• 33:37
  Speaker 4: back this afternoon on Hotline with Dave weekly. Have a
• 33:39
  Speaker 4: great day on five ADW c HS the voice for.
• 33:41
  Speaker 9: Charleston five aby w c HS A M ninety six
• 33:48
  Speaker 9: point five. That's then Charleston one oh four point five
• 33:50
  Speaker 9: Cross Lanes's l u VRC Media station.
• 33:54
  Speaker 2: We're proud to live here.
• 33:55
  Speaker 3: Too