Latest / Ask the Lawyer / 12/04/2025 Ask the Lawyer with Harvey Peyton

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12/04/2025 Ask the Lawyer with Harvey Peyton · Ask the Lawyer

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Speaker 3: Oh created equal.
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Speaker 4: When mass come here to Capon, Ray can rob.
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Speaker 5: Law twenty one minutes past the hour on a Thursday morning,
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Speaker 5: You don't have to fight the law this morning. With
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Speaker 5: the law on your side, with the patent law firm.
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Speaker 5: Harvey Payton is in studio with us this morning, taking
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Speaker 5: your phone calls at three zero four three four five
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Speaker 5: fifty eight threes are A four three four five fifty
1:01
Speaker 5: eight fifty eight Harvey, Good morning. How you doing this morning?
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Speaker 3: Well, I'm doing fight. How about yourself?
1:05
Speaker 5: I'm doing very well. Looking forward to our little conversation
1:07
Speaker 5: this morning. I guess we've transitioned officially into cold weather
1:11
Speaker 5: every morning.
1:12
Speaker 3: Well, we certainly have. It's uh you know, I've got
1:15
Speaker 3: my gore tex on this morning and cut the chill
1:19
Speaker 3: off on the way up the road. We had snow
1:21
Speaker 3: on the ground in Tay's Valley. Oh sometimes this week.
1:26
Speaker 3: And my little bag old Molly, she's she's almost sixteen
1:30
Speaker 3: years old now and hot weather just gets her down.
1:34
Speaker 3: A little bit of cold weather. I guess it's the
1:35
Speaker 3: genetics and a beagle. You know, that's rabbit hunting season
1:40
Speaker 3: when the snow's on the ground, So she just loves it.
1:43
Speaker 3: Have to almost feel bad about making her come in
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Speaker 3: the house. She likes to get her exercise. So there's
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Speaker 3: not a lot again on the state scene. From the
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Speaker 3: standpoint of legal proceedings, we had a ruling buy our
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Speaker 3: Supreme Court. It was Monday entered to stay. Sort of
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Speaker 3: not strange timing, but awkward timing Judge Froebel in Raleigh
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Speaker 3: County in a case involving the the exemptions for childhood
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Speaker 3: vaccinations in violation of state law. You know, they had
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Speaker 3: pending before him a requests for a certification of a
2:27
Speaker 3: case as a class action, so that his orders with
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Speaker 3: regard to a violation of state law by permitting unvaccinated
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Speaker 3: students to attend school would have statewide effect. The State
2:41
Speaker 3: Board of Education went to the Supreme Court about two
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Speaker 3: weeks ago and said, hey, why don't you stay all
2:47
Speaker 3: these proceedings down in Raleigh County because their courts in
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Speaker 3: the Eastern Panhandle have had opposing rulings, and you know,
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Speaker 3: class certification could cause some chaos. Our court said, well,
3:00
Speaker 3: that might be said, but there's no indication that anything's
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Speaker 3: going to happen before our Supreme Court. Here's the case. Fully, well,
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Speaker 3: lo and behold, something did happen late on a Friday
3:12
Speaker 3: or a Wednesday afternoon the day before last, late on
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Speaker 3: a Wednesday morning because state offices were closed afternoon. The
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Speaker 3: judge generally County announces, well, this is a class action certify.
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Speaker 3: This ruling applies to everybody. And immediately you're going to
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Speaker 3: see a rush off folks filling out half of David's
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Speaker 3: or whatever rather unchallenging paperwork. It's necessary to enroll an
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Speaker 3: unvaccinated child, which sort of set the stage for well,
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Speaker 3: if there is a rush of folks to seek admission
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Speaker 3: mission to public schools without vaccinations, and we end up
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Speaker 3: with a fairly large element, well that will discourage the
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Speaker 3: court from overturning this because hey, people have already acted
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Speaker 3: on it. Well, our court didn't waste any time. The
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Speaker 3: first cookie out of the box the first of this
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Speaker 3: week they entered to stay, staying the order from Rawley
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Speaker 3: County and the timing and on all of this it
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Speaker 3: almost appears to be a part of a concerted effort
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Speaker 3: by a section of the judiciary to push the anti
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Speaker 3: vax position forcefully, regardless of what perhaps maybe the long
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Speaker 3: term ruling of the Supreme Court will be. We'll see,
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Speaker 3: I mean, the Court's got this set on the calendar,
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Speaker 3: they'll hear it, they'll make a decision I'd say probably
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Speaker 3: in January. Moley thought, is I practiced law for fifty
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Speaker 3: two years or have never thought that this is the
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Speaker 3: conclusion of the first quarter of the twenty first century.
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Speaker 3: In a country which is one of the most advanced
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Speaker 3: medically and scientifically in the history of the world. That
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Speaker 3: would be litigating whether it's a good thing or not
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Speaker 3: to protect children from measles or smallpox or rubella or
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Speaker 3: other bumps and childhood diseases, and that would be getting
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Speaker 3: legitimate traction in the courts. It's just it's hard to imagine.
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Speaker 3: I guess it's the times we live in. I old
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Speaker 3: to say one other thing about legal doctrine of course
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Speaker 3: class actions or class actions on an individual basis. You know,
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Speaker 3: I've spent most of my career and Tom now is
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Speaker 3: dedicating most of his career to injury work, to the
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Speaker 3: litigation on behalf of people who have been injured either
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Speaker 3: physically or financially or both by the actions of a
6:01
Speaker 3: third party, negligence, breach of a standard of care. And
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Speaker 3: a lot of that involves determining where the quote proximate
6:12
Speaker 3: cause of a harm should be placed, and that would
6:15
Speaker 3: be the last act or acts set of acts that
6:19
Speaker 3: take place, without the occurrence of which an injury would
6:24
Speaker 3: not have happened. There's an old sort of a seesaw
6:30
Speaker 3: tale that trial lawyers use for first year law students
6:33
Speaker 3: or high school students studying the law, where you talk
6:36
Speaker 3: about the fellow who was a creature of habit. He
6:39
Speaker 3: was a family man and a wife, two beautiful kids,
6:42
Speaker 3: got a good job downtown. He got up at the
6:45
Speaker 3: same time every morning, He ate the same breakfast, He
6:48
Speaker 3: followed exactly the same path to his office. He quit
6:52
Speaker 3: for lunch at exactly the same time, went to the
6:55
Speaker 3: same restaurant, left his office and went down a street
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Speaker 3: and turned right to his home the same time every day,
7:04
Speaker 3: and then one day his wife said, honey, witho your
7:06
Speaker 3: mind on your way home. I'm busy, get buy other
7:11
Speaker 3: draft leaners and pick up my clothes. And so he
7:14
Speaker 3: finishes his work early, he leaves early. Instead of turning right,
7:17
Speaker 3: he turns left to get to the draft leaners, comes
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Speaker 3: to an intersection where a drunk driver speeding runs the
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Speaker 3: intersection and gets him and kills him. And at the funeral,
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Speaker 3: the question is, well, what if he hadn't turned left,
7:32
Speaker 3: what if she hadn't called? That's that's what Pete comes
7:37
Speaker 3: to people's mind. The question is, well, what if the
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Speaker 3: man hadn't been drunk speeding down the road, That's where
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Speaker 3: the harm is. And I thought about that this week.
7:44
Speaker 3: I actually, you know, I have a lot of friends
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Speaker 3: who are more liberal than I am, and I have
7:52
Speaker 3: a lot of friends who are more conservative than I am.
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Speaker 3: But I saw a lot of posting that the murder
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Speaker 3: of Sarah be extrom inexcusable act of violence, that somehow
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Speaker 3: Joe Biden had blood on his hands for that murder.
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Speaker 3: Because this Afghan national was allowed into the country as
8:19
Speaker 3: a part of a program to protect people who had
8:22
Speaker 3: helped our military from retribution by the Taliban, Or that
8:27
Speaker 3: the blood was on Donald Trump's hands because he militarized
8:33
Speaker 3: the district of Columbia, or that somehow Governor Morrissey was
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Speaker 3: somehow responsible for the death of the murder. And that's
8:42
Speaker 3: not true. I mean at least and viced with the
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Speaker 3: cause of Sarah be Extrom's tragic, unfortunate and unforgivable death.
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Speaker 3: Is a man who was a part of of a
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Speaker 3: particular military force, an elite level in the Afghanistan, came
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Speaker 3: to this country making asylum, which he was granted because
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Speaker 3: he had been a significant help to our Central Intelligence agency.
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Speaker 3: Whatever reason, in his own mind, his expectations of life
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Speaker 3: in the United States fell short. He was compelled to
9:13
Speaker 3: drive across the country with a pistol or a revolver.
9:17
Speaker 3: And since at Ambush the first two uniform personality saw
9:21
Speaker 3: one of whom happened to be Sarah Bexter, that is
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Speaker 3: the cause of this period. Well, never know the true cause.
9:27
Speaker 3: Doubt there may have been bad decisions made. There may
9:32
Speaker 3: be policy considerations that were wrong or flawed. What's a
9:35
Speaker 3: matter of opinion between those people who are actors. But
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Speaker 3: that doesn't mean that our governor is somehow responsible for
9:42
Speaker 3: a murder that no one could have controlled. How do
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Speaker 3: you prevent this? The man's got a pistol or a revolver.
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Speaker 3: He can't legally own that. He's not an American citizen.
9:50
Speaker 3: He either stole it or bought it someplace on a
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Speaker 3: black market or at a gun sale where there's no
9:57
Speaker 3: idea required. He drives across the country, which he had
10:00
Speaker 3: a perfect right to do. In this country, you don't
10:02
Speaker 3: have to show papers when you cross the border. He
10:05
Speaker 3: slinked around. You know that, you know where the West
10:08
Speaker 3: Farragut station is. But I've got off the He used
10:10
Speaker 3: to go from National Airport over downtown to the around
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Speaker 3: the museums. That's where I would get off, so highly visible,
10:18
Speaker 3: very safe, secure area of Washington, d c. Slink around,
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Speaker 3: hide behind around the corner, c two victims who is stalking,
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Speaker 3: and shoot them both with the intention of killing him.
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Speaker 3: He shot him in the head. Uh, I mean, that's
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Speaker 3: no one can prevent that, no one can predict it.
10:37
Speaker 3: That clearly it was a risky mission. We know now
10:41
Speaker 3: because there was an analysis before the deployment that you know,
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Speaker 3: uniform personnel in a situation like exists in d C
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Speaker 3: might be a target, not necessarily for people who are
10:54
Speaker 3: anti mission, but for people who are just looking to
10:57
Speaker 3: make a statement because.
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Speaker 5: It's the nation's capital with the US military. I mean,
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Speaker 5: there's a lot of boxes to check there, right, And
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Speaker 5: when it comes to making a statement.
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Speaker 3: Yeah, I mean, you can't shift responsibility for the terrace
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Speaker 3: that flew a plane into the Pentagon to anybody else.
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Speaker 3: There may have some negligence on the part of some
11:15
Speaker 3: Gate agents, and the George W. Bush administration may have
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Speaker 3: overlooked some telltale signs of activity, but the cause of
11:25
Speaker 3: nine to eleven was the people who flew the planes period.
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Speaker 3: Paragraph It just I guess the thing that aggravates me.
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Speaker 3: I've had some cases involving folks from Webster County, where
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Speaker 3: this young lady was raised, and it's a wonderful, tight
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Speaker 3: knit community. Everybody pretty much knows everybody and they look
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Speaker 3: out for each other. It can be a raucous sword. Actually,
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Speaker 3: it's an outdoors sort of hearty place. The courthouse dominates
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Speaker 3: the Webster Springs. They have a little hospital there that's
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Speaker 3: quite nice. And hear you with this family, just ease up.
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Speaker 3: Ease up. I mean, I've seen criticism online of sort
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Speaker 3: of a noncommittal answer from President Trump would ask about
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Speaker 3: attending this young lady's funeral. Well, I'll think about it,
12:16
Speaker 3: that's what he said, and that's portrayed to somehow being disrespectful. Well,
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Speaker 3: I would think it's not a very articulate way of
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Speaker 3: saying it. But perhaps the answer is, well, I'll do
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Speaker 3: whatever the family wants, right and if it's family, If
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Speaker 3: the family of Sarah Bextram wants Donald Trump to attend
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Speaker 3: the funeral and advice him and security will permit it.
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Speaker 3: I say, more power to anything that makes that young
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Speaker 3: woman's family feel better we ought to do. And anything
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Speaker 3: that hurts their feeling or detracts from the mission, we
12:49
Speaker 3: ought to shut up about it. Right now, let the
12:51
Speaker 3: dust settle, get past the extreme grief of a funeral,
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Speaker 3: and then if you want to ask questions about the mission,
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Speaker 3: uh and what should been one maybe in the future modified,
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Speaker 3: then we'll just do it. Then that would That's that's
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Speaker 3: an extra legal comment on my part, but it just
13:08
Speaker 3: knowing having dealt so long with the issues of cause
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Speaker 3: and approximate cause, you know the I guess you could say, well,
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Speaker 3: if it's her fault because if she had volunteered to
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Speaker 3: stay in DC, she would have been back in Webster
13:21
Speaker 3: Springs eating turkey with her family. Well, nobody would stand
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Speaker 3: still for that sort of a statement. But it's right,
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Speaker 3: it's equivalent to what you say about the other side.
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Speaker 5: It's there's a law in logic often go hand in hand,
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Speaker 5: so there's concepts in logic as well that that's basically
13:39
Speaker 5: like uh uh, you you're substituting cause context for cause.
13:43
Speaker 5: You're looking at the context of a situation and elevating
13:46
Speaker 5: some of those contextual nuances to a cause. Now, there's
13:49
Speaker 5: there's all kinds of subtexts that you can go into,
13:51
Speaker 5: and like you said, there's separate things that you can
13:53
Speaker 5: talk about. But the bottom line is there's only one
13:55
Speaker 5: person that drove across country with a gun and attempted
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Speaker 5: to kill two people, and whatever the reasons behind that is.
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Speaker 5: I mean, we have tons of things in this country
14:03
Speaker 5: that you can look at that the ultimate causes something
14:06
Speaker 5: redlining I mean just for you know, but once you
14:09
Speaker 5: get into the things that are happening in areas where
14:11
Speaker 5: that's taking place in the past. You can talk about
14:13
Speaker 5: the problem and why it happened, But then there's the
14:15
Speaker 5: real thing that's happening cycling every day in some of
14:19
Speaker 5: those areas, and that you have to talk about what's
14:20
Speaker 5: happening in real time. There's conversations we had among adults,
14:23
Speaker 5: but it's not to be had to just cast blame
14:26
Speaker 5: everywhere to further your political ideology, which is what's happening.
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Speaker 3: Well, I think that's probably why I think lawyers actively
14:35
Speaker 3: practicing Lawyers other than those that may be affiliated with
14:40
Speaker 3: parties and government agencies, look at situations much more analytically,
14:46
Speaker 3: looking for you know, like you say, okay, here's the contact,
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Speaker 3: but what's the cause. You can't you know, where is
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Speaker 3: the where is responsibility or fault lie in this proceed Well,
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Speaker 3: you know, there may be a lot of bad things
15:03
Speaker 3: don't often happen. It's my experience, really really bad things
15:06
Speaker 3: do not happen because of a sole and distinct act.
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Speaker 3: This is the closest I can imagine, honestly, this person
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Speaker 3: who killed Sarah Baxtrom, and of course the human cry
15:24
Speaker 3: there would be, well, he's presumed innocent. That's a legal
15:27
Speaker 3: presumption that follows him throughout the court process. I can
15:31
Speaker 3: draw my own conclusions. And if I see a video
15:34
Speaker 3: of a person take a revolver and pointed at someone
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Speaker 3: else's head and discharged the pistol, my conclusion is he
15:42
Speaker 3: killed her period, and you know that's where the fault lies.
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Speaker 3: The context is relevant, but not dispositive of the situation.
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Speaker 3: Probably even talking about it this much is disrespectful and
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Speaker 3: hope not harmful of the family. God bless him. You know,
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Speaker 3: we don't know what the arrangements are, but their request
16:08
Speaker 3: was for donations to some charitable causes in little flowers,
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Speaker 3: which I think is always a great thing to do.
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Speaker 3: It's just unimaginable. I mean, I've got three children, you've
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Speaker 3: got a daughter. Oh my goodness know, and boy, it hits.
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Speaker 3: It hits so much. Contemplate the sudden death of any
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Speaker 3: death of a child, but certainly a sudden, not explained
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Speaker 3: and inexplicable death would be much more difficult to reason with.
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Speaker 5: So well, we'll move on, Coop, what's gonna take a break,
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Speaker 5: We're gonna come back.
16:40
Speaker 3: We're going to talk a little bit about the Peyton
16:42
Speaker 3: Law Firm and Nitro West Virginia the community of Nitro.
16:45
Speaker 3: Big things happening. That is true. Let's do that.
16:47
Speaker 5: Let's gohead and take a break. When we come back,
16:48
Speaker 5: plenty more to talk about. You can get in the
16:50
Speaker 5: conversation as well. Three zero four, three, four, five fifty
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Speaker 5: fifty You can text threes are four nine three five
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Speaker 5: fives of years ear eight. We'll be back after this.
16:56
Speaker 5: You're listening to ask the lawyer with Harvey Payton from
16:58
Speaker 5: the Peyton Law Firm on five eight HS the Voice
17:00
Speaker 5: of Charleston.
17:01
Speaker 6: If you've been injured, you need a lawyer who knows
17:04
Speaker 6: West Virginia because they live in West Virginia. Tom and
17:07
Speaker 6: Harvey Peyton were born and raised here. They've spent decades
17:11
Speaker 6: fighting for injury victims, and they know how to get results.
17:15
Speaker 6: At the Peyton Law Firm, you get straight talk, strong representation,
17:19
Speaker 6: and local attorneys who care. Call seven five five fifty
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Speaker 6: five fifty six today or visit Peyton Lawfirm dot com.
17:27
Speaker 6: The attorney's referenced in this AD are lifelong residents and
17:29
Speaker 6: are licensed to practice law in the state of West Virginia.
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Speaker 4: Call three oh four two oh one one one.
18:18
Speaker 5: You're listening to five ADWCHS. The Voice of Charleston has
18:21
Speaker 5: asked the lawyer Harvey Payton is here. You can give
18:24
Speaker 5: us a call this morning three zero four, three four
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Speaker 5: five fifty fifty. You can text three zero four nine
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Speaker 5: three five five zero zero eight two ways to get
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Speaker 5: a hold of the Peyton Law Firm. On the radio
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Speaker 5: this morning. You can also find out more about the
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Speaker 5: Peyton Law Firm one line. It's Payton Law Firm dot com,
18:35
Speaker 5: p E Y t O N Peyton Law Firm dot
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Speaker 5: com and Nitro. West Virginia is where the Peyton Law
18:40
Speaker 5: Firm resides and you can find them over there their
18:42
Speaker 5: phone number three zero four seven five five fifty five
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Speaker 5: fifty six. Three zero four seven five five fifty five
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Speaker 5: fifty six. Still about twenty minutes left in the program
18:49
Speaker 5: this morning. We can take your phone calls at three
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Speaker 5: zero four, three four five fifty eight fifty eight. Harvey
18:53
Speaker 5: Payton is here and Nitro, West Virginia. Some good, some
18:57
Speaker 5: nice happenings going on in the great city.
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Speaker 3: Well there are you know, as you mentioned, our office
19:03
Speaker 3: is in Nitro. It's in the Putnam County end of Nitro,
19:07
Speaker 3: Nitro being a unique community that's bisected. More people live
19:13
Speaker 3: on the Kanal County side of the line than on
19:15
Speaker 3: the Putnam County side, but it's coming closer to evening out.
19:19
Speaker 3: Our office happens to be in Putnam County, the first
19:22
Speaker 3: business you'll come into in Putnam County when you drive
19:25
Speaker 3: down Route twenty five. I've been practicing law there since
19:29
Speaker 3: nineteen seventy seven. Tom's been with me since two thousand
19:34
Speaker 3: and one. So in those combined old seventy five plus
19:40
Speaker 3: years of practice in the area, we know our way around,
19:44
Speaker 3: and we do a really good job representing people who
19:47
Speaker 3: have suffered either a fiscal or a financial loss. And
19:52
Speaker 3: we've become part of the community. You know, we've sponsored
19:56
Speaker 3: any number of events of my eyes fallen lately on
20:01
Speaker 3: the Ladies basketball team at Nitro. You know the Steve
20:06
Speaker 3: Lantham who has the last business in Kanawa County because
20:10
Speaker 3: his barbershop is across the county line from our office.
20:13
Speaker 3: His daughter, Mallory, is I think going to be a
20:16
Speaker 3: mainstay of the Nier Ladies basketball team. This year they
20:19
Speaker 3: played on the great Andrew Jackson Middle School team that
20:24
Speaker 3: didn't lose a game in like two years, and we're
20:27
Speaker 3: looking for another run back to the state championship in
20:32
Speaker 3: new uniforms and travel dogs that the Peyton Law Firm
20:37
Speaker 3: helped buy, which is one of those things you don't
20:39
Speaker 3: get from the law firms that fly around in seven
20:46
Speaker 3: forty sevens and I guess are the largest in the universe.
20:50
Speaker 3: I don't see those names on signs and programs helping
20:56
Speaker 3: local schools. But the biggest news in Nro this weekend
21:02
Speaker 3: is the game at seven o'clock here in Charleston Saturday night,
21:07
Speaker 3: the sixth between the Nitro Wildcat and Princeton for the
21:12
Speaker 3: Class TRIAA football Championship. It's the first time I think
21:19
Speaker 3: in twenty plus years that Nitro has played for a title.
21:23
Speaker 3: To sharehouse, to share our house, yeah, and it's just
21:30
Speaker 3: a big deal. It's a Nitro's a really tight knit community,
21:35
Speaker 3: big alumni interest, the big booster interest for the high school.
21:39
Speaker 3: You know, the high school's moved. It used to be
21:40
Speaker 3: there on twenty first Street and Nitro Junior High was
21:44
Speaker 3: over and Nitro Elementary. We're over where the high school
21:49
Speaker 3: is now, but it's been high school has been in
21:51
Speaker 3: that location for probably twenty five or thirty years. It's
21:54
Speaker 3: the center of town. Friday night lights football people gather around.
21:58
Speaker 3: They talk about it in the barbershop. You go to
22:02
Speaker 3: Shima's or Catherine's or any number of the places in town,
22:06
Speaker 3: deals to have lunch or dinner. And that's what you
22:10
Speaker 3: hear folks discussing. And if people have kids and grandkids playing,
22:14
Speaker 3: it's just a nice slice of Americana and more power
22:19
Speaker 3: to them. And I understand that the Christmas Parade, which
22:23
Speaker 3: was going to be this Saturday, has been delayed and
22:27
Speaker 3: because of the game, and you think about it, well,
22:29
Speaker 3: that's a good thing. Who as regardless next Saturday, if
22:33
Speaker 3: that's when you have the parade, you're either going to
22:36
Speaker 3: have the team which had great accomplishments, which will be
22:40
Speaker 3: the runner up in the state, to be a part
22:43
Speaker 3: of the parade, or you're going to have the state
22:45
Speaker 3: championship football team for TRIPAA in the parade in addition
22:49
Speaker 3: to all the other exhibits, so it'll be a really
22:52
Speaker 3: really good time for the city and other things in
22:57
Speaker 3: Nitro at the holiday season. There's a food bank in
23:01
Speaker 3: Nitro that Bill Fortune has been responsible for helping out
23:07
Speaker 3: with for years and years. If you want to make
23:10
Speaker 3: a donation to help feed those who are less fortunate,
23:13
Speaker 3: that's the place to do it. There'll be a meal
23:16
Speaker 3: i think in the Nitro Women's Club in and around
23:19
Speaker 3: Christmas for those who are less fortunate may feel food deprived,
23:23
Speaker 3: we don't. We lost our grocery store when Andrea Hikel
23:25
Speaker 3: passed away. That used to be really a center for well,
23:30
Speaker 3: like our office. We would go down and just get
23:33
Speaker 3: maybe four grocery cards and try and figure out we'll here,
23:37
Speaker 3: get five pounds of potatoes, get a bag of flour, sugar,
23:41
Speaker 3: canned foods so that you could put together maybe a
23:44
Speaker 3: dozen boxes pretty well stuck with a canned ham. You
23:50
Speaker 3: couldn't usually pretty use the frozen turkeys because they're perishable.
23:54
Speaker 3: Andre was always really good, you know, with no sales
23:57
Speaker 3: tax charged on any any item, discount it and actually
24:02
Speaker 3: took a loss on a lot of things because he
24:04
Speaker 3: was extremely soft hearted, an empathetic individual. So if you're
24:10
Speaker 3: looking for something to do, I would think Ladyfield on
24:14
Speaker 3: Saturday night to see the Wildcats bring home the Bacon
24:16
Speaker 3: would be a good thing to do. I am going
24:20
Speaker 3: to be at the Civic Center watching the hoop Fest. Honestly,
24:26
Speaker 3: I bought these tickets for the wake Forest game months
24:29
Speaker 3: ago before there was a clear determination that Nitro was
24:36
Speaker 3: going to be playing at Ladyfield at seven. I think
24:39
Speaker 3: the hoop Fest game of West Virginia University versus Wake
24:43
Speaker 3: Forest starts at six. I thought to Fred earlier this
24:48
Speaker 3: morning fed Persinger, and he said, well, it starts at four.
24:52
Speaker 3: I'll have to check that starts at four o'clock. Go
24:54
Speaker 3: see the basketball game and then you both, yeah, pulling
24:58
Speaker 3: over to the lady to watch the football regardless. You
25:01
Speaker 3: guys have it on the air, right correct. Yes, I'm
25:03
Speaker 3: gonna tell the public here again what stations can they
25:06
Speaker 3: tune into.
25:07
Speaker 5: So you can hear the you can hear well. First
25:09
Speaker 5: of all, we're going to have a pregame show, so
25:11
Speaker 5: we're going to circumvent the Metro New statewide pregame show
25:14
Speaker 5: and starting at six oh five, we're going to have
25:16
Speaker 5: a local pregame shows. We're going to have a pregame
25:18
Speaker 5: show leading up to kickoff. We're going to have some
25:20
Speaker 5: former players. We'll have some interviews with coaches, run down
25:24
Speaker 5: the seasons for for a Nitro's team, things along those lines.
25:26
Speaker 5: We covered them several times this year, so we have
25:28
Speaker 5: some highlights and different things like that that we'll get into.
25:29
Speaker 5: So we'll have our pregame starting at six oh five
25:32
Speaker 5: and then at seven o'clock or just after we'll be
25:33
Speaker 5: the kickoff. You can hear that in real time, so
25:36
Speaker 5: if you want to listen at the stadium, you can
25:38
Speaker 5: listen to either five eighty AM or right now one
25:40
Speaker 5: O four point five FM. Ninety six point five is
25:43
Speaker 5: being borrowed by another station right now, so that signal,
25:46
Speaker 5: unfortunately is off air. But on five AD WCHS or
25:49
Speaker 5: one of four point five you'll be able to tune
25:50
Speaker 5: in in real time, so you can watch the game
25:52
Speaker 5: with the commentary side buys side, or you can go
25:54
Speaker 5: to WV Metro New or I'm sorry, you can go
25:56
Speaker 5: to WCHS network dot com and stream at live there
26:00
Speaker 5: if you're not there and you want to stream over
26:02
Speaker 5: the internet or you can't get the signal somewhere, so
26:03
Speaker 5: we'll have the entire coverage pregame and the full game
26:06
Speaker 5: coverage over the air on one of four point five
26:08
Speaker 5: FM five eighty am and then streaming at wcches network
26:11
Speaker 5: dot com.
26:11
Speaker 3: Okay, well, that's great. It's good to know listen in,
26:17
Speaker 3: you know, and don't overlook the city of Nitro when
26:21
Speaker 3: you're talking about your holiday shopping plans. Oh yeah, First
26:25
Speaker 3: of all, the Peyton Law Firm is there. We have
26:27
Speaker 3: a really nice office at twenty eight oh one First Avenue.
26:32
Speaker 3: If you have an issue, you want to talk to
26:34
Speaker 3: a lawyer, you think you need a consult an attorney,
26:36
Speaker 3: or you've suffered a loss or a loved one has
26:39
Speaker 3: suffered a loss, you can certainly stop by the office anytime.
26:42
Speaker 3: Twenty eight oh one First Avenue. It's on the corner
26:45
Speaker 3: of twenty eighth Street and First which is the main
26:47
Speaker 3: drag through Oute twenty five. And our receptionist Ms. Matthews Melody.
26:54
Speaker 3: She's been with us for thirty one years so from Buffalo,
26:58
Speaker 3: representing that area Buttnam County, and so she's certainly experienced
27:02
Speaker 3: with intake if either Tom or I happened to be
27:04
Speaker 3: there and out attached. A lot of times we may
27:08
Speaker 3: be in the office, but we may be seeing someone else.
27:10
Speaker 3: If we can see you for a minute, we will.
27:13
Speaker 3: If not, you can leave a fairly extensive message with
27:17
Speaker 3: the receptionist or one of the administrative assistants. We'll call
27:20
Speaker 3: you right back. That's a really good way to get
27:22
Speaker 3: in touch with us. And while you're in Nitro, you
27:24
Speaker 3: can go to Mars Jewelers, which is on the corner
27:28
Speaker 3: of Bank Street and twentieth Street. Wonderful family business locals
27:34
Speaker 3: been there since. I think mister Mars started the jewelry
27:37
Speaker 3: store when he got back from the service in maybe
27:39
Speaker 3: nineteen fifty one fifty two fifty three. It's now run
27:44
Speaker 3: by his son and daughter in law. It's a family operation.
27:47
Speaker 3: Great place. We've got the hot Nitro Hobby Center. If
27:50
Speaker 3: you're a train Officionado's right around the corner. You're going
27:54
Speaker 3: to get a bite to eat. Like I said, you've
27:55
Speaker 3: got deals. You got Miguel's Rio up by the Bridget,
28:00
Speaker 3: Catherine's Cafe on Bank Street, or Shima's along with it,
28:03
Speaker 3: you know, any any range of the conventional fast foods.
28:09
Speaker 3: It's just a nice little place to spend some time
28:13
Speaker 3: and off and overlooked. I grew up in Saint Albans,
28:17
Speaker 3: and we know we would go across the bridge to
28:21
Speaker 3: go to the Bowling Alley, which is in the upper
28:23
Speaker 3: end of town. Later Danny Jones ran out his ribshack
28:29
Speaker 3: where the uh where Miguel's Rio is now in that
28:32
Speaker 3: same building. But for whatever reason, we didn't go down
28:36
Speaker 3: into Nitro much. I don't think that there were certain
28:39
Speaker 3: high schools that there was just friction. If you went
28:41
Speaker 3: into their territory, there could be trouble. Nobody went to
28:45
Speaker 3: Nobody went to Dunbar. I mean that was just like
28:48
Speaker 3: Indian country. You didn't go to dun Now. You could
28:51
Speaker 3: go to South Charleston, but if you drove around through
28:53
Speaker 3: the Shony's hideaway, which was in some bar, you might
28:58
Speaker 3: and there might be some fisticuffs involved. For some reason,
29:01
Speaker 3: boys from Saint Albans thought girls themselves Charleston were somehow
29:08
Speaker 3: more appealing than some.
29:14
Speaker 5: Right, sure I could see that, Yeah, I could see that.
29:16
Speaker 3: In any event, Yeah, you know, we're really proud to
29:19
Speaker 3: the Peyton Law Firm, or we are proud. I'm proud,
29:22
Speaker 3: Tom is all the folks that work with us. I mean,
29:25
Speaker 3: we put our name and our reputation behind whatever we do.
29:29
Speaker 3: You know, we in my career, I've probably tried, and
29:34
Speaker 3: I mean tried actually from start to finish in front
29:37
Speaker 3: of jury's five hundred cases maybe maybe three hundred, including
29:44
Speaker 3: a dozen homicides, uh, any number of serious bodily injury
29:49
Speaker 3: and death matters, all of which are not successfully concluded.
29:54
Speaker 3: You know, I've lost some cases. Any lawyer that says,
29:56
Speaker 3: you know, they've never lost the cases lying or they're
29:59
Speaker 3: settling cases they shouldn't settle, and they stopped after one. Yeah,
30:03
Speaker 3: stop after one. And that happens too. And Tom just
30:08
Speaker 3: in court gets magnificent results because you do that over
30:11
Speaker 3: a period of time. If you hire the Payton Law Firm,
30:14
Speaker 3: you're more likely to have your matter resolved out of
30:17
Speaker 3: court successfully because, as to be honest, we have a
30:22
Speaker 3: reputation for doing really good work and for being dog
30:25
Speaker 3: And I actually had a lawyer once, he was a
30:27
Speaker 3: good guy. After this case dismissed and I refiled it
30:33
Speaker 3: and it was dismissed again, and I got another some
30:36
Speaker 3: witnesses and refouled it. He called and said, you know,
30:39
Speaker 3: do I have to just kill you? Do have to
30:41
Speaker 3: cut your head off? Or you're never going to stop.
30:43
Speaker 3: I mean, if he was joking, I'm not going to stop. Well,
30:46
Speaker 3: I think there's any chance I can do some good
30:48
Speaker 3: for my client. And and we've had any number of
30:51
Speaker 3: experiences where folks will come to our office after having
30:55
Speaker 3: been just rejected by other firms. It's too difficult. And
31:02
Speaker 3: that's really because the challenge is, let's just see what
31:04
Speaker 3: we can do here. You know, we may be paddling
31:07
Speaker 3: up river against the stream, but you know there's a
31:09
Speaker 3: client involved here. Let's let's dig in. So you know,
31:12
Speaker 3: if you've got somebody that's suffered a loss, you're listening
31:16
Speaker 3: or within the sound of this broadcast, and you know,
31:20
Speaker 3: if you just want to run it by a human being,
31:23
Speaker 3: at first, come to the office, sit down and talk
31:26
Speaker 3: to either me or Tom, and we'll see what you've
31:29
Speaker 3: got and see where the equities fall and if it's
31:32
Speaker 3: something we can help you with. And generally, if it's
31:36
Speaker 3: a matter of litigation involving an accident or an injury,
31:39
Speaker 3: financial or physical, we certainly can't help you. But although
31:43
Speaker 3: are other means of litigation right now. I litigate a
31:46
Speaker 3: lot of estate matters where people, you know, money's involved
31:49
Speaker 3: in the States and people get into disputes about who
31:52
Speaker 3: gets the money or who gets the land. Come in
31:55
Speaker 3: and talk to us. You can send us an email
31:58
Speaker 3: at Peyton Law Firm dot com. You can call at
32:01
Speaker 3: three oh four seven five five fifty five fifty six,
32:04
Speaker 3: or just stop by the office schedule appointment. We don't
32:07
Speaker 3: charge anybody to come in and see if you've got
32:09
Speaker 3: a case. And I don't know if any legitimate, hardworking
32:16
Speaker 3: plaintiffs law firm that does charge for an initial consultation.
32:21
Speaker 3: You hear that in a lot of ads, no charge
32:24
Speaker 3: unless there's in recovery. Well, that's the way we all work.
32:27
Speaker 3: That's the way we all work. And so you can
32:29
Speaker 3: congress the short If you come to see us, we're
32:32
Speaker 3: going to look into your case, investigate it, see if
32:34
Speaker 3: we can help you. And if we're copacetic, you know
32:37
Speaker 3: if you can, if you like us, if you like
32:40
Speaker 3: your lawyer, if you like what you hear, then hire
32:43
Speaker 3: us and will work like dogs to get you what
32:47
Speaker 3: you're legally entitled to. Everything you're legally entitled now Alsily,
32:52
Speaker 3: it works the other way too. Sometimes there are clients
32:55
Speaker 3: who are not copastic with us. If someone has there
33:00
Speaker 3: expectations about reading an article about a case in California
33:04
Speaker 3: that reaped tens of millions of dollars, you have to
33:09
Speaker 3: explain sometimes with the loss different in West Virginia, you know,
33:13
Speaker 3: and jury's are different in West Virginia, and you've got
33:17
Speaker 3: to sort of harness those expectations if we're going to
33:20
Speaker 3: move on together, and if the answers no, then they're it.
33:23
Speaker 3: Then my response as well, if that's what you have
33:27
Speaker 3: to have, then you're going to have to get a
33:29
Speaker 3: better lawyer than me to get that for you. And
33:32
Speaker 3: let's just part friends that don't get started down the
33:34
Speaker 3: path and fall out later. It always generally works. Sometimes
33:40
Speaker 3: a client will say, okay, all right, I'm starting to
33:42
Speaker 3: see what you're saying here, and we'll move on together
33:45
Speaker 3: to successfully conclude. I'm actually hopefully concluding one matter this week.
33:52
Speaker 3: It's been ongoing for quite some time, a business and
33:55
Speaker 3: a state dispute. It have allD sad when it's the
34:00
Speaker 3: family of a person who I've met almost fifty years ago,
34:05
Speaker 3: and you know, we worked together and help get some
34:10
Speaker 3: business and really good friends passed away and now we're
34:15
Speaker 3: trying to wrap that up. But that's that's I think,
34:18
Speaker 3: a touch that you don't get as a client if
34:22
Speaker 3: you leap frog to the national level. I mean, I
34:27
Speaker 3: say the same thing about you see advertisements on television
34:31
Speaker 3: for the horrible disease of MESOTHELIUMA Well, they're perfectly competent
34:40
Speaker 3: law lawyers and law firms right here in West Virginia
34:42
Speaker 3: who can help you with the claim if Heaven forbid
34:48
Speaker 3: you or a loved one is afflicted with mesothelium, and
34:50
Speaker 3: the Peyton Law Firm is one, there are others. No
34:54
Speaker 3: one needs to go in search of representation to some
34:59
Speaker 3: national average tizing chain that simply runs ads the same
35:03
Speaker 3: ads as a matter of fact, that every state where
35:05
Speaker 3: they do business. I mean when I drive from here
35:08
Speaker 3: to South Carolina for the family get together, I see
35:11
Speaker 3: the same fall law law signe by the same law
35:16
Speaker 3: firm in every state and every place this cookie cutter
35:18
Speaker 3: across the country. You don't need to do that. There
35:21
Speaker 3: are plenty. We really have good lawyers in West Virginia.
35:26
Speaker 3: I'm not ashamed to say that the law school at
35:28
Speaker 3: WU that a little dip at one time maybe twenty
35:34
Speaker 3: years ago in their accreditation, but across the board, the
35:38
Speaker 3: law school at Western University and those that surround us
35:41
Speaker 3: at High State Washington, Lee Capitol Law School in DC
35:48
Speaker 3: or in Columbus, you know, Georgetown, Pitt all the areas
35:53
Speaker 3: where you usually find lawyers that practice your Harvard of course,
35:57
Speaker 3: and we do have some Harvard grads in the West
35:59
Speaker 3: Virginia Bar. We cultivate because we've got a small group.
36:02
Speaker 3: You've only got a couple less than two million people
36:05
Speaker 3: and less than five thousand lawyers, not a lot of lawyers.
36:08
Speaker 3: We're actually under lawyered in a degree. But when you
36:12
Speaker 3: know each other and the degree of separation is maybe
36:15
Speaker 3: two degrees, and the same way with the judges, because
36:19
Speaker 3: you know them when they're lawyers, then you have a
36:22
Speaker 3: sense of collegiality, not camaraderie, not selling out a client
36:28
Speaker 3: or yucking up. I mean, it's aggressive adversary litigation, but
36:35
Speaker 3: among people who have at least can treat each other
36:38
Speaker 3: collegially and they don't cheat and lie, because it comes
36:43
Speaker 3: back to haunt you if you're a part of this
36:45
Speaker 3: universe of the legal community in West Virginia. If you
36:49
Speaker 3: start cutting a lot of Shenanigan's not going to be
36:52
Speaker 3: long before you won't have any business. And the judges
36:56
Speaker 3: catch on to it. It's one of the most important
37:00
Speaker 3: things you can do, and we have it at the
37:01
Speaker 3: Peyton Law Firm. Is the respect of the judiciary. Now,
37:06
Speaker 3: I don't always agree with what the judges do. I mean,
37:10
Speaker 3: my really good friend from law school, Margaret Peggy Workman,
37:14
Speaker 3: was on the court and you know, she authored an
37:18
Speaker 3: opinion it against me one time. I mean, I didn't
37:22
Speaker 3: like it, but you know, I think I respect her
37:26
Speaker 3: viewpoint and she respects mine. I mean, I know. And
37:30
Speaker 3: Elliott Maynard was on the court. He and I were
37:33
Speaker 3: really really good friends through his entire career.
37:35
Speaker 5: I think importantly, you weren't on American for disagreeing, right.
37:38
Speaker 3: No, no, no, you're not. Of course, that's another four
37:41
Speaker 3: of them. Listen, we were going to wrap up.
37:43
Speaker 5: Yeah, yeah, about it the minute level.
37:44
Speaker 3: Well, listeny, one of us really really good luck and
37:49
Speaker 3: best wishes to the folks in Letro, everybody associated with
37:53
Speaker 3: the Citro football program and then with the Ladies basketball program.
37:58
Speaker 3: It's it ties the community together and we need it
38:00
Speaker 3: in these troubled times. And we had stronger churches stronger communities,
38:04
Speaker 3: stronger civic groups. Think a lot of things would be
38:07
Speaker 3: much better, and in particular for what it were, for
38:11
Speaker 3: what it's worth at the Fate Law Firm, our heart
38:15
Speaker 3: go out to the family of Sarah Bextrom. Terrible, horrible
38:20
Speaker 3: thing that happened. Please for those others. It's not politicize
38:26
Speaker 3: this issue. There's plenty of time to answer these questions.
38:29
Speaker 3: Now it's time to thank God that the words with
38:33
Speaker 3: its laws coupe. Thank you have a great everyone.
38:40
Speaker 2: Fight eight whs AM ninety six point five at them,
38:42
Speaker 2: Charleston one oh four point five Cross Lane WVRC Media Station.
38:48
Speaker 2: We're proud to live here too.