Latest / WCHS Network Podcasts / 06-18-2026 Ask the Lawyer – Tom Peyton: New Supreme Court Justices, Historical Impeachment Drama, and Dog Bite Liability

Transcript

06-18-2026 Ask the Lawyer – Tom Peyton: New Supreme Court Justices, Historical Impeachment Drama, and Dog Bite Liability · WCHS Network Podcasts

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  Speaker 1: The views and opinions expressed on this program do not
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  Speaker 1: necessarily reflect the views and opinions of five eight w
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  Speaker 1: cchs it's employees or WVRC media.
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  Speaker 2: Of course.
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  Speaker 1: Created equal.
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  Speaker 2: Well lasts come here in the Kate ray.
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  Speaker 3: Can rocks upside. You don't have to fight the law today.
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  Speaker 3: You can put the law on your side. Tom Peyton
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  Speaker 3: from the Pathon Law Firm is in studio this morning.
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  Speaker 3: Three zero four, three four five fifty eight fifty eight
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  Speaker 3: is our number. You're gonna give us a call this
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  Speaker 3: morning and put the law on your side with the
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  Speaker 3: Payton Law Firm. Who is here with us this morning.
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  Speaker 3: Tom Peyton is in studio. Tom, Good morning. How you
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  Speaker 3: doing this morning.
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  Speaker 1: I'm doing real well. Made it here through the uh
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  Speaker 1: storms that are going on there.
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  Speaker 3: That got crazy, you know.
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  Speaker 1: Yeah, it looks like Charleston's kind of and maybe the
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  Speaker 1: days value are avoiding it a little bit, but I
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  Speaker 1: guess north and South US they're getting hit sixty mile
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  Speaker 1: per hour winds and tornado warnings. It's wild. It's really
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  Speaker 1: warm out there.
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  Speaker 3: I know that the heat is what got me. When
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  Speaker 3: I left the house, I couldn't believe how hot it
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  Speaker 3: was already.
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  Speaker 1: Yeah, so, but it's okay. It was smooth right end,
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  Speaker 1: so the traffic was okay on the way and at least,
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  Speaker 1: you know, just before any m today. But really glad
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  Speaker 1: to be back here. It's good to be in the studio.
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  Speaker 1: Of course, I was in the great city of Cleveland
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  Speaker 1: last week, which I haven't spent time in Cleveland and
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  Speaker 1: probably almost thirty years. I used to go to some
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  Speaker 1: concerts up there when I was young and actually went
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  Speaker 1: to concerts. But it's really nice town in the summertime,
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  Speaker 1: you know, clean and of course we were in hear
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  Speaker 1: the Cleveland Clinic campus, which has in case, Western Universities
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  Speaker 1: right there as well, so you get a lot of
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  Speaker 1: young people, professionals and that kind of thing. But I'm
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  Speaker 1: not sure how it would be in the winter time
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  Speaker 1: with the Lake Effect wind and snow and that kind
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  Speaker 1: of deal. But it was good and Dad, you know,
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  Speaker 1: I was up there for Dad surgery and he's on
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  Speaker 1: the men doing well. He got discharged yesterday and has
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  Speaker 1: to stay up there in the residents end for a
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  Speaker 1: couple of days to get the follow up scan. But
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  Speaker 1: hopefully he'll be back in Old w V here in
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  Speaker 1: this weekend. That's what we're hoping for maybe by Father's Day.
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  Speaker 1: So he is doing well for anybody concerned out there,
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  Speaker 1: but definitely glad to be back in the studio. It's
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  Speaker 1: much better than trying to do the show by phone.
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  Speaker 1: One thing we didn't I didn't have a chance to
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  Speaker 1: follow up one Dad may have talked about a little
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  Speaker 1: bit in the three weeks he did it before his surgery.
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  Speaker 1: We got three new Appella judges that were elected, so
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  Speaker 1: we had two incumbents in the Supreme Court that lost
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  Speaker 1: the election. Of course I had him both on is
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  Speaker 1: guests here. Gerald Justice Titus I think is a really
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  Speaker 1: good person. I knew personally from serving on the State
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  Speaker 1: Bar Board and had maybe a couple of cases with him,
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  Speaker 1: and I like Justice Titus. I think he would have
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  Speaker 1: been a good justice. He didn't really have enough time
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  Speaker 1: on the court. I think to I didn't see much
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  Speaker 1: as he did. Some written of onions, but I didn't.
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  Speaker 1: He just wasn't there. He didn't have enough longevity to
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  Speaker 1: really get a good feel for him. But then we
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  Speaker 1: had Justice Ewing on which actually I didn't I know
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  Speaker 1: he was a circuit court judge in Fayette County, and
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  Speaker 1: I hadn't appeared in front of him, but I'd heard
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  Speaker 1: some good things from other lawyers that had gone in
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  Speaker 1: front of him, so had him on the show. But
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  Speaker 1: but that's uh. You don't know about elections, and especially
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  Speaker 1: statewide elections, and you think generally incumbents have an advantage
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  Speaker 1: they got better name recognition. Now that may not have
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  Speaker 1: had any application in this election because both of them
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  Speaker 1: were appointed by Governor Morrissey probably within the last six
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  Speaker 1: months or so, and I don't know how you know,
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  Speaker 1: being appointed by Governor Morrisey played out. Then we have
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  Speaker 1: Intermediate Court of Appeals had had a slot up for election.
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  Speaker 1: We have three Intermediate Court of Appeals judges, so for
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  Speaker 1: a good bit of civil work, family law, other general
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  Speaker 1: civil matters. Now, you if you want to appeal decision
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  Speaker 1: from the Circuit Court, the primary trial court, then you
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  Speaker 1: go to the Intermediate Court of Appeals. So it's pretty
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  Speaker 1: important and they stay really busy. If you don't like
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  Speaker 1: the result there, you can't appeal ultimately to the Western
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  Speaker 1: Supreme Court, which is the final arbiter of any any
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  Speaker 1: decision if you want to appeal it to the top
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  Speaker 1: level in West Virginia. But we had incumbent who's been there.
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  Speaker 1: He was appointed as well. This may have been his
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  Speaker 1: first election after the appointment. All that he has been
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  Speaker 1: there for years was Judge Dan Greer. And then we
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  Speaker 1: had a local family court Judge Jim Douglas was his opponent,
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  Speaker 1: and I heard I heard Judge Douglas on the show
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  Speaker 1: maybe Dave's Show a couple of times, and and I
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  Speaker 1: didn't see a lot of a lot of advertising for
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  Speaker 1: for Judge Douglas. But obviously whatever he did was effective
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  Speaker 1: because he so he prevailed in the election. And these
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  Speaker 1: are non partisan. They takes place at the same time
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  Speaker 1: as the primaries, but there is there is no runoff,
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  Speaker 1: and so there won't be any general election there there
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  Speaker 1: they're they're done. But Judge Douglas really emphasized his experiencing
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  Speaker 1: family law. And I don't do a whole lot of
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  Speaker 1: family law anymore, used to when I was younger. It's
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  Speaker 1: just not my favorite thing to do. But I've been
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  Speaker 1: in front of him once or twice, and he he
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  Speaker 1: runs a very formal courtroom, and I think just Douglas
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  Speaker 1: is actually called into the show a couple of times. Yeah,
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  Speaker 1: he he's very knowledgeable in family law and that's a
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  Speaker 1: good bit of the cases that go up to the
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  Speaker 1: Intermediate Court of Appeals. So and I you know, Dan
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  Speaker 1: Greer had been briefly appointed as a circuit judge. I
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  Speaker 1: think he did some work as counsel for the legislature,
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  Speaker 1: but he was in private practice years ago with a
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  Speaker 1: defense firm. So I dealt with him many times on
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  Speaker 1: litigation cases. And you know, I like Judge Greer, but
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  Speaker 1: at the same time, I suspect if you ask Dan Greer,
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  Speaker 1: he's I don't know if he's ever handled it at
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  Speaker 1: the at the hearing level a family court case. And
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  Speaker 1: that doesn't mean you're not going to be an effective
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  Speaker 1: appellate judge for those type issues. But I do think,
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  Speaker 1: and I've beat this drum with judicial candidates and appointees,
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  Speaker 1: that if you have practiced at ground level, or been
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  Speaker 1: a judge at ground level on things like family law,
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  Speaker 1: should give you an advantage as an appellate judge, because
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  Speaker 1: there's a difference between reading things on paper sometimes and
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  Speaker 1: seeing how they play out in real life. And you know,
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  Speaker 1: the pellic courts just don't deal with the clients, I mean,
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  Speaker 1: the deciding their cases. But most of pellic courts look
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  Speaker 1: with disfavor, Like if you bring your client to an
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  Speaker 1: appellate argument and say here's mister so and so, they
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  Speaker 1: don't they don't don't really take to that very well.
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  Speaker 1: To see it kind of a they're in a pellate
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  Speaker 1: court where they're not taking new evidence. They're not going
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  Speaker 1: to be swayed by the fact that someone showed up
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  Speaker 1: and is here in person. So we'll see how that
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  Speaker 1: plays out. I think Judge Douglas certainly has a I
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  Speaker 1: would say he has a strong personality and sometimes those
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  Speaker 1: come out in opinions. And he certainly has a wealth
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  Speaker 1: and knowledge on family law. He practiced in that area
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  Speaker 1: before he became Family court is before a circuit jact.
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  Speaker 3: So a wide body of experience.
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  Speaker 1: Yeah, use neglact, criminal property issues, business issues. So he's
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  Speaker 1: been there and done that probably on just about everything
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  Speaker 1: that he'll hear. And I you know, I think he's
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  Speaker 1: from what I'm hearing, he's a fair person and and
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  Speaker 1: and it was always good good as a judge, So
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  Speaker 1: I'm I think that's going to end up being a
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  Speaker 1: probably a pretty good change. I don't know that he
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  Speaker 1: ran against Justice Hewing and so he won that election
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  Speaker 1: and so well we'll see how that plays out. I
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  Speaker 1: think it will be good. And then on the other side,
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  Speaker 1: Justice Titus was I might have that reversed. I'm not
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  Speaker 1: sure he was running against too, But in any event, uh,
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  Speaker 1: Justice Flanning again is now sworn and Bill flann again,
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  Speaker 1: which I didn't know. I still don't know, actually haven't met,
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  Speaker 1: but again I've heard good things about him. I think
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  Speaker 1: he does. As far as I know, he's been a
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  Speaker 1: member of the legislature and he uh was not a
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  Speaker 1: judge before this. But my understanding is that the bulk
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  Speaker 1: of his legal work was representing regular consumer, normal West
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  Speaker 1: Virginia people, similar to what Dad and I do, primarily
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  Speaker 1: kind of litigation on the on the side of the
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  Speaker 1: normal folks with small businesses. So I like to hear
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  Speaker 1: that and and and maybe he'll have an angle that
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  Speaker 1: wasn't previously present on the Supreme Court. And so I
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  Speaker 1: think he'll be voters I think made excellent choices there,
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  Speaker 1: and we'll see how it plays out. I'm looking forward
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  Speaker 1: to getting into the actually have oral arguments set on
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  Speaker 1: a case criminal appeal. Haven't set the date yet, probably
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  Speaker 1: for the fall, so I'll be appearing before the new
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  Speaker 1: Supreme Court, and I'm looking forward to it.
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  Speaker 3: It's going to be interesting for somebody with your level
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  Speaker 3: of experience. You've seen the courts don't change a ton,
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  Speaker 3: but you've seen some turnover at the courts over time.
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  Speaker 1: Yeah, there are twelve year terms on the Supreme Court,
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  Speaker 1: so they're I mean, I'm not for appointed judges. I
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  Speaker 1: think we're better off to let the people vote on
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  Speaker 1: it if there's a vacancy though, as you know, the governor,
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  Speaker 1: they formed a commission that makes takes applications and then
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  Speaker 1: makes recommendations. Ultimately, the governor gets to select from those
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  Speaker 1: individuals who gets to sit as well any judge, circuit judge,
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  Speaker 1: the Family Court, judge, Intermediate Court, and Supreme Court. So
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  Speaker 1: the idea I think of the twelve year term, which
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  Speaker 1: is really long, is to kind of insulate the justices
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  Speaker 1: at the same time from having a campaign every two
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  Speaker 1: three four years.
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  Speaker 3: Now, we see what happens when you have a four
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  Speaker 3: year campaign. I mean, you spend pretty much all your
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  Speaker 3: time campaigning. We need judges to judge, I think you.
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  Speaker 1: And then we've had so both these I guess will
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  Speaker 1: be at unexpired terms, one shorter than the other for
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  Speaker 1: Justice Flanninggain and Justice Kirkpatrick. But yeah, we've seen a
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  Speaker 1: lot of change over the last twenty six years of
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  Speaker 1: my practice, and we've had a lot of vacancies. And
• 10:39
  Speaker 1: justice is appointed by the governor. Depending on timing, sometimes
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  Speaker 1: there's an elect like timing here. Obviously it was rather quick.
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  Speaker 1: Both Justice Heuming and Justice Titus served for six months
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  Speaker 1: or so on the court before the election occurred. Sometimes,
• 10:54
  Speaker 1: depending on timing, can be a couple of years. But
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  Speaker 1: I guess so once they get elected, they don't have
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  Speaker 1: to turn on members of the legislature. I think the House,
• 11:02
  Speaker 1: if they run every two years, maybe that's so you
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  Speaker 1: get elected and within maybe you get one session without
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  Speaker 1: having to worry about campaigning, and then you're just right
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  Speaker 1: back at at And the idea is to although the
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  Speaker 1: people elect the justices, if they serve full terms, they
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  Speaker 1: don't really have to start thinking about campaigning AGAINTI ten
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  Speaker 1: years or so or eleven years, and so it insulates
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  Speaker 1: them somewhat from the political process.
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  Speaker 3: Get I was just thinking about this as you were talking,
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  Speaker 3: and we're less than twelve years removed from the couch
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  Speaker 3: fiasco that happened years and years ago, So that was
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  Speaker 3: kind of an interesting moment within the Supreme Court of
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  Speaker 3: West Virginia because that was a wholesale change that was
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  Speaker 3: kind of unique.
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  Speaker 1: Yeah, that was you know, you forget about that. That
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  Speaker 1: was a really significant event. Yeah, you know you back
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  Speaker 1: up to say the couch fiasco. Yes, we had Justice
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  Speaker 1: law Free that had sat on the Supreme Court for
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  Speaker 1: a number of years, actually written a book about political
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  Speaker 1: corruption in West Virginia, and then ultimately, and you know,
• 12:05
  Speaker 1: it's been ten years probably or more about ten years,
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  Speaker 1: so somehow there was a couch from the court that
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  Speaker 1: was owned by the state. I guess that got to
• 12:15
  Speaker 1: his private home, maybe a desk or something. And and
• 12:18
  Speaker 1: then we also had the clock incident, and that was
• 12:21
  Speaker 1: that was Justice Ketcham who it was some kind of
• 12:25
  Speaker 1: grandfather clock or something at the court that somehow ended
• 12:28
  Speaker 1: up at his house. And then I think he went back.
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  Speaker 1: He didn't pay for it, or paid very little back
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  Speaker 1: and tried to pay it back. But ultimately they were
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  Speaker 1: I think removed or resigned voluntarily, one or both of them.
• 12:44
  Speaker 1: You charged or convicted of very pretty minor crimes. But
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  Speaker 1: that was the legislature at that time. If you recall
• 12:50
  Speaker 1: also it was I think to impeach like every justice,
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  Speaker 1: and as that process carried out, I believe it was
• 13:03
  Speaker 1: Justice Workmen they were trying to impeach. She was high
• 13:07
  Speaker 1: integrity in my opinion, But I think she filed a
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  Speaker 1: petition with the Western Supreme Court. Of course, there wasn't
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  Speaker 1: any of the sitting there, so they were all judges
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  Speaker 1: circuit judges that had been plugged in to hear it.
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  Speaker 1: Even so, they were sitting at a Supreme Court, but
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  Speaker 1: weren't elected Supreme Court justices. That halted that proceeding as
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  Speaker 1: an invasion of the separation of powers. It was the
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  Speaker 1: legislative branch just overstepping and getting into the purview of
• 13:35
  Speaker 1: the judicial branch and stopped some of those impeachment attempts.
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  Speaker 1: And they I thought they were largely in bad faith.
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  Speaker 1: It was political theater. It was very general allegations, mostly
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  Speaker 1: about expenditures, alleging there was some I think Justice Robin
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  Speaker 1: Davis also resigned as a result of the fallout from that.
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  Speaker 1: Maybe there were only two left at that point, but
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  Speaker 1: I think Justice Walker and maybe Justice Workman if memory
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  Speaker 1: serves me correct. But yeah, that was a really unique
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  Speaker 1: case and just they were taking on these hearings over
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  Speaker 1: and over again, just kind of throwing everything at the
• 14:15
  Speaker 1: wall and see what sticks from the legislature the way
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  Speaker 1: I saw it, rather than a specific you know, here's
• 14:21
  Speaker 1: an act of gross misconduct, like it was more specific
• 14:26
  Speaker 1: with Justice law Frey and maybe Justice catch them, but
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  Speaker 1: otherwise it was just kind of these generalities, and it
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  Speaker 1: appeared to be just a political attempt by the legislature
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  Speaker 1: to recraft the court, which maybe succeeded somewhat in the end,
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  Speaker 1: but it was halted ultimately by Western Supreme Court's opinion
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  Speaker 1: that what they were doing was an legal attempt to
• 14:48
  Speaker 1: encroach upon the judiciary branch.
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  Speaker 3: Have you ever had a case and this just reminds me.
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  Speaker 3: I'm not saying that specifically this is what the legislator
• 14:55
  Speaker 3: here was necessarily doing, but you see this happening on
• 14:57
  Speaker 3: a national level where it appears like somebody opens an
• 15:01
  Speaker 3: investigation up and they don't really have the evidence to
• 15:04
  Speaker 3: start with. Their hope they're on a fishing expedition in
• 15:07
  Speaker 3: trying to to certify some sort of guilt or something,
• 15:10
  Speaker 3: And it seems like that if that happened to a
• 15:12
  Speaker 3: regular individual, that would be an that would be exact
• 15:15
  Speaker 3: case where you needed to immediately seek some sort of
• 15:18
  Speaker 3: legal help. You know, if you're like sort of in
• 15:20
  Speaker 3: this Kaffka esque situation, you're like, what did I do wrong?
• 15:23
  Speaker 3: I have no idea? You need to seek some counsel
• 15:25
  Speaker 3: for that.
• 15:26
  Speaker 1: Well, certainly, and that's what Justice Workman did and it worked. Now,
• 15:30
  Speaker 1: I'll tell you, I'll watch rarely because it's usually you
• 15:35
  Speaker 1: don't get a lot of heiro information out of it.
• 15:37
  Speaker 1: But you know, you'll watch, like the whole so and
• 15:38
  Speaker 1: so is coming for this hearing before Congress. Oh yeah, yeah,
• 15:42
  Speaker 1: all right, investigate everything and call people in and you'll watch.
• 15:45
  Speaker 1: And of course, as a lawyer who does trial work,
• 15:48
  Speaker 1: cross examining people.
• 15:49
  Speaker 3: Don't you wish that more of those people were actual lawyers.
• 15:52
  Speaker 1: Well, I wish they were, and I wish they would
• 15:54
  Speaker 1: do their homework, but they're not going to. Because when
• 15:58
  Speaker 1: I watch those routinely, let routinely disappointed or let down
• 16:02
  Speaker 1: because half the time it's it's they're not really trying
• 16:07
  Speaker 1: to gather information from the witness. They just want everybody
• 16:09
  Speaker 1: to hear what their says. It'll make statements and then
• 16:13
  Speaker 1: say isn't that true or something, and it just doesn't
• 16:16
  Speaker 1: get anywhere, And I just don't think it's of course
• 16:21
  Speaker 1: you don't have it. Well, they pretty much if they
• 16:25
  Speaker 1: show up, they answer most of the questions the witnesses.
• 16:27
  Speaker 1: But yeah, I've just watched before and thought, well, this
• 16:30
  Speaker 1: isn't very effective, uh examination of this witness because they
• 16:36
  Speaker 1: just they're not trained at it, most of them. That's
• 16:38
  Speaker 1: just not what they do. And anybody it's even like
• 16:41
  Speaker 1: a lawyer that's on Congress, they're not actually practicing law
• 16:44
  Speaker 1: and certainly not doing trial work like we do where
• 16:47
  Speaker 1: you're you know, you're practiced and season on how to
• 16:50
  Speaker 1: ask questions and how to ask follow up questions properly
• 16:54
  Speaker 1: and make people get to the point and answer the question.
• 16:58
  Speaker 1: And frankly, I don't think they really care what the
• 17:00
  Speaker 1: answer is most of the time. They just want to
• 17:03
  Speaker 1: get a SoundBite on through the media about what they
• 17:06
  Speaker 1: were saying.
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  Speaker 3: Yeah, the thing that annoys well, that's.
• 17:09
  Speaker 1: What also happened in the there's impeachment deals we were
• 17:12
  Speaker 1: talking about here. I mean, that's that's kind of what
• 17:15
  Speaker 1: that turned into. Like let's keep this in the headlines
• 17:18
  Speaker 1: and let's you know, may give the impression we're really
• 17:24
  Speaker 1: reigning in the Supreme Court and there was some there
• 17:27
  Speaker 1: were some expenditures that were not well governed I think
• 17:31
  Speaker 1: back then, so it wasn't there was some evidence of
• 17:35
  Speaker 1: some some issues with the court just didn't really come
• 17:38
  Speaker 1: to the certainly didn't come to the impeachment level for
• 17:41
  Speaker 1: most of the justices. But that kind of devolved into
• 17:45
  Speaker 1: what I was saying, I see you in Congress, which is,
• 17:49
  Speaker 1: you know, general questions, just said that press can hear
• 17:52
  Speaker 1: what the legislators are asking, versus really caring about what
• 17:56
  Speaker 1: the answer is, because they had an agenda and they
• 17:59
  Speaker 1: were pushing it.
• 18:00
  Speaker 3: Those questions that they ask where they they'll have a big,
• 18:03
  Speaker 3: long diatribe, and if you know anything about it, you
• 18:07
  Speaker 3: might be able to pick up yourself that they're seeding
• 18:09
  Speaker 3: truths with assertion where you don't where they're saying some
• 18:13
  Speaker 3: things that you know is true, and then some things
• 18:14
  Speaker 3: that they're connecting to that that you may not necessarily
• 18:16
  Speaker 3: know is true. And then they ask the person that's
• 18:18
  Speaker 3: the witness yes or no when that and the person's like, well,
• 18:22
  Speaker 3: because in their mind they're like, well, some of that
• 18:24
  Speaker 3: was true, but not all of it. And if you
• 18:26
  Speaker 3: try to explain, the person just overrides us. Ulf no,
• 18:28
  Speaker 3: I said yes or no? What are you supposed to
• 18:29
  Speaker 3: do in that case? You know, if you say yes
• 18:31
  Speaker 3: then you are guilty the way they say you or
• 18:33
  Speaker 3: if you say no, they're going to say, well do
• 18:35
  Speaker 3: you know that that lying under oath? It's persuc I mean,
• 18:39
  Speaker 3: it all becomes a big theater and it's very disappointing
• 18:42
  Speaker 3: as a constituent and a voter and a taxpayer to see.
• 18:45
  Speaker 1: Yeah, and you know, I have clients, you know, we
• 18:47
  Speaker 1: do depositions, get prepared for trial, and it's like, well,
• 18:50
  Speaker 1: so just say yes or no. It's like, well, that'd
• 18:52
  Speaker 1: be great if there are yes or no questions, But
• 18:55
  Speaker 1: ninety percent of questions you can't just say yes or
• 18:57
  Speaker 1: no no, Like in court, are witnesses and how to
• 19:00
  Speaker 1: explain their answer. The lawyer can try and pin them in,
• 19:02
  Speaker 1: but then their lawyer gets to ask some bollock questions
• 19:05
  Speaker 1: and you get to let them, let them explain, and
• 19:08
  Speaker 1: you just don't get that judicial control. And in Congress,
• 19:12
  Speaker 1: but it's also it's frustrating too because you can hear
• 19:16
  Speaker 1: the congress people asking questions and sometimes it's areas that
• 19:20
  Speaker 1: I know about. Sometimes it's not so yeah, you need
• 19:24
  Speaker 1: to know the facts and know the subject matter to
• 19:28
  Speaker 1: ask effective questions, or else you don't really know what
• 19:30
  Speaker 1: to ask, and you can tell they're reading, you know,
• 19:33
  Speaker 1: a question that maybe somebody gave them, And when you
• 19:35
  Speaker 1: do that and don't know anything about that subject matter,
• 19:37
  Speaker 1: you don't know the fallow up questions to ask because
• 19:40
  Speaker 1: you don't know enough about it. You've just read off
• 19:42
  Speaker 1: a question that maybe somebody in that field asked you
• 19:45
  Speaker 1: to ask. But then they're not there in your ear
• 19:47
  Speaker 1: telling you what the next question should be, and that's
• 19:49
  Speaker 1: the end of it.
• 19:49
  Speaker 3: So and that's another great reason why you need to
• 19:52
  Speaker 3: you can put the power patent on your side, because
• 19:54
  Speaker 3: although we were talking a little bit more broadly on
• 19:57
  Speaker 3: a very specific level here in West Virginia and in
• 20:00
  Speaker 3: the counties where the patent law firm helps you out,
• 20:02
  Speaker 3: they know the folks around, they know the lay of
• 20:04
  Speaker 3: the landscape, and the judges in a lot of cases,
• 20:07
  Speaker 3: just understanding the area is a big part of that.
• 20:10
  Speaker 3: And that's something that big national firms are people coming
• 20:12
  Speaker 3: in trying to just saturate the market just don't understand.
• 20:17
  Speaker 3: They don't understand the nuances of the area.
• 20:19
  Speaker 1: I heard that again the other day from one of
• 20:21
  Speaker 1: the might be the biggest law firm and personal enjery
• 20:25
  Speaker 1: firm in the world. I don't know, but you can
• 20:28
  Speaker 1: call our calls and they actually advertise you can call
• 20:30
  Speaker 1: our calls center twenty four hours a day. Well, there's
• 20:32
  Speaker 1: not lawyers sitting there in a call.
• 20:33
  Speaker 3: Say yeah, do you really want to do that?
• 20:34
  Speaker 1: Answer sir yes. And if you want to ask the
• 20:38
  Speaker 1: Peyton Law Firm a question, you can call us twenty
• 20:40
  Speaker 1: four hours a day. And actually, when you do, you
• 20:43
  Speaker 1: have an option. If you want to leave a voicemail
• 20:46
  Speaker 1: with me, you hit a button, you leave a voicemail
• 20:48
  Speaker 1: with me. It is emailed to me as a voice file,
• 20:51
  Speaker 1: So I mean, i'm'd be sleeping or something. But otherwise
• 20:53
  Speaker 1: I check if I get an email voice message and
• 20:57
  Speaker 1: it's an emergency issue or we need to help you
• 21:00
  Speaker 1: in some material way over a weekend or something, we
• 21:02
  Speaker 1: do and I'm sure there's people out there listening that
• 21:04
  Speaker 1: can attest to that, and we also or you can
• 21:08
  Speaker 1: just send an email through the website, but you're not
• 21:10
  Speaker 1: getting a call center person. You're getting one or two
• 21:13
  Speaker 1: lawyers that are gonna talk about it together or get
• 21:16
  Speaker 1: back with you with actual material information, not just boilerplate
• 21:22
  Speaker 1: responses that they've been told to read off to somebody
• 21:25
  Speaker 1: or something like that.
• 21:26
  Speaker 3: Which is all they're doing. They're just trying to pacify
• 21:28
  Speaker 3: the person calling in until somebody can call it.
• 21:29
  Speaker 1: Sure, when you do that kind of mass advertising campaign,
• 21:33
  Speaker 1: it's certainly volume in numbers, and it works apparently because
• 21:36
  Speaker 1: they keep doing. But that's just not how we decided
• 21:38
  Speaker 1: to operate and or we're not going to as long
• 21:41
  Speaker 1: as I'm in charge at Peyton Law Firm, because we
• 21:42
  Speaker 1: just see it's more of a personal level with us,
• 21:45
  Speaker 1: and we take pride in what we do, and we
• 21:47
  Speaker 1: take pride in helping people, and we do a really
• 21:49
  Speaker 1: effective job. I mean, you're going to get a lawyer
• 21:51
  Speaker 1: that's been to court many times, probably in the same
• 21:55
  Speaker 1: court room that your case will be in, and there's
• 21:59
  Speaker 1: an art to try and cases and experience certainly helps.
• 22:02
  Speaker 3: But you want an attorney locally that's had a Pepperoni role,
• 22:05
  Speaker 3: you know, you want a West Virginia dog. You want
• 22:08
  Speaker 3: somebody that knows what those things mean. You know, and
• 22:10
  Speaker 3: that I'm saying that as a joke, but it's true.
• 22:12
  Speaker 3: You want somebody that knows the label Land.
• 22:13
  Speaker 1: Let's say you got a case in the west side
• 22:15
  Speaker 1: of Saint Albans. You know where something happened, you got
• 22:17
  Speaker 1: hit by Maybe there's an intersection that's got frequent problems
• 22:22
  Speaker 1: and there's car wrecks there. Well, you know, you get
• 22:26
  Speaker 1: a jury where you get a few people from Saint Albans. Well,
• 22:27
  Speaker 1: if it's in maybe it was in a lick skillet area. Well,
• 22:32
  Speaker 1: nobody from these bigger firms have any clue where that is.
• 22:35
  Speaker 1: But some of those jurys sitting there might know well
• 22:37
  Speaker 1: know exactly where that is. And so what mister Peyton's
• 22:40
  Speaker 1: talking about, it's just an example of you know, when
• 22:42
  Speaker 1: you of course, we handle cases all over the state.
• 22:45
  Speaker 1: We handle cases in Ohio if they're injury cases, but
• 22:49
  Speaker 1: certainly we we do get that advantage here if we're
• 22:53
  Speaker 1: in Canall, Putnam, Mace and Lincoln, those type canties because
• 22:57
  Speaker 1: we've just been trying cases and living here and doing
• 23:01
  Speaker 1: it for decades.
• 23:03
  Speaker 3: Listen to this. Let's go ahead and take our break. When
• 23:04
  Speaker 3: we come back, we swe have plenty of time if
• 23:05
  Speaker 3: you want to weigh in this morning. We don't have
• 23:07
  Speaker 3: anything on the text line right now. You're welcome to
• 23:08
  Speaker 3: call in as well. So our text line numbers three
• 23:10
  Speaker 3: zer a four non three five five zeros zero eighth
• 23:12
  Speaker 3: threes are four nine three five five zers zero eight.
• 23:14
  Speaker 3: You can call this morning at three zero four three
• 23:15
  Speaker 3: four five fifty eight fifty eight. Three zero four three
• 23:18
  Speaker 3: four five fifty eight fifty eight. You're listening to Ask
• 23:20
  Speaker 3: the Lawyer this morning. Tom Payton is here from the
• 23:21
  Speaker 3: Payton Law Firm located in Nitro, West Virginia. Their website
• 23:25
  Speaker 3: is Paythonlawfirm dot com. That's with an E P E
• 23:27
  Speaker 3: Y t O and Payton Law Firm dot com. Their
• 23:29
  Speaker 3: phone number three zer a four seven five five fifty
• 23:30
  Speaker 3: five fifty six. We'll get all that information to you
• 23:32
  Speaker 3: again before we leave the airways. You're listening to Ask
• 23:34
  Speaker 3: the Lawyer this morning. I'm Delle Cooper. That's Tom Payton
• 23:36
  Speaker 3: on five ADWCHS the Voice of Charleston. You're listening to
• 23:58
  Speaker 3: Ask the Lawyer on five eighty We see HS the
• 24:00
  Speaker 3: Voice of Charleston. I'm Dale Cooper, thanks for tuning in
• 24:02
  Speaker 3: on this Thursday morning. A little stormy in the Canall
• 24:05
  Speaker 3: Valley right now. Be careful as you're driving around at there.
• 24:06
  Speaker 3: We're under a last dite check. We're under a thunderstorm
• 24:09
  Speaker 3: and tornado watch until eleven o'clock in the area, so
• 24:12
  Speaker 3: you might want to just be careful as you're out
• 24:14
  Speaker 3: driving around and make sure there's no debris in the roadways,
• 24:17
  Speaker 3: and be careful of any sheets of water and things
• 24:20
  Speaker 3: like that coming down.
• 24:20
  Speaker 1: I guess when on our end of the show or
• 24:24
  Speaker 1: the radio, we don't hear the weather alerts, do we like?
• 24:29
  Speaker 3: Right, yeah, we well we can depending, but the way
• 24:33
  Speaker 3: we're in the studio now, we don't. We don't hear.
• 24:34
  Speaker 1: Probably had some interruptions because when I was on the
• 24:37
  Speaker 1: way up here, it was, ah about every six seven
• 24:39
  Speaker 1: minutes there was a but it's tornado warning. That's what
• 24:42
  Speaker 1: we do not complain YEA saying that, Yeah, we don't
• 24:45
  Speaker 1: hear that on our ends. If you hear us talking
• 24:47
  Speaker 1: and then just kind of picks back up after the
• 24:49
  Speaker 1: weather warning, we don't know that there's a a break
• 24:53
  Speaker 1: in it. Yeah, we hear of course country roads coming
• 24:55
  Speaker 1: on as we came back from the break, and unfortunately
• 24:58
  Speaker 1: we didn't get to hear any country Last night Mountaineers
• 25:02
  Speaker 1: bit the dust on the Men's College World's Here.
• 25:06
  Speaker 3: Good run.
• 25:06
  Speaker 1: Yeah, I think if they wouldn't have made mistakes Sunday
• 25:08
  Speaker 1: and beating North Carolina, they would have been a lot
• 25:10
  Speaker 1: better shape. They're just inconsistent. But yeah, great season for
• 25:12
  Speaker 1: the Mountaineers. So congratulations to the Mountaineer UH baseball team.
• 25:17
  Speaker 3: We got a text in on the text line from
• 25:19
  Speaker 3: the threes are a four, five, three nine. There are
• 25:21
  Speaker 3: many laws enforced in West Virginia regarding pet owner liability,
• 25:25
  Speaker 3: but I cannot locate anything in the code that requires
• 25:27
  Speaker 3: pet owners to maintain control of their pets. Do you
• 25:30
  Speaker 3: foresee any changes in the current status?
• 25:34
  Speaker 1: Doubtful. That was Putnham County might have a county ordinance,
• 25:41
  Speaker 1: but I remember that came up in Putnam County years ago.
• 25:45
  Speaker 1: It may have been eight years ago, and I remember
• 25:47
  Speaker 1: just reading it and it's you know, there's diamonics from
• 25:51
  Speaker 1: all sides. I mean, Putnam County's got a lot of
• 25:53
  Speaker 1: rural areas, especially north of the river, and it's like, yeah,
• 25:58
  Speaker 1: you know, certainly in town and you got a lot
• 26:00
  Speaker 1: of people around, you know, you should keep your pets
• 26:04
  Speaker 1: want a leash or you know, somehow fenced in where
• 26:10
  Speaker 1: they can't get out, especially dogs, I think. But then
• 26:13
  Speaker 1: you had the other folks that live in the country.
• 26:14
  Speaker 1: Why would I do that? I mean, I need my
• 26:17
  Speaker 1: dog there to run off Cody's or something. There's different
• 26:20
  Speaker 1: aspects to it. Now, I will tell you from our standpoint,
• 26:24
  Speaker 1: we handle a good many, unfortunately, dog bite injury cases,
• 26:28
  Speaker 1: and there is a statute that's been in place for
• 26:34
  Speaker 1: as long as I can remember decades that basically makes
• 26:37
  Speaker 1: the dog owner or keeper believe that's the language used
• 26:41
  Speaker 1: in the statute what they call strictly liable for any
• 26:44
  Speaker 1: damages if they're running at large. So if you have
• 26:47
  Speaker 1: a dog that you don't have properly secured, they can
• 26:51
  Speaker 1: get in and out of your fence and they get out,
• 26:55
  Speaker 1: or they're off the leash where they pull away from
• 26:59
  Speaker 1: you and you lose the least the go and bite somebody.
• 27:04
  Speaker 1: The person who's hurt doesn't have to prove negligence, they
• 27:06
  Speaker 1: just have to prove it happened because you're liable for
• 27:09
  Speaker 1: that as the owner or keeper of that dog. So
• 27:12
  Speaker 1: you've got to be careful. Now, most people, a lot
• 27:16
  Speaker 1: of them don't know it, have personal liability protection type
• 27:20
  Speaker 1: coverage on their homeowners and insurance policies. So if you won,
• 27:25
  Speaker 1: if you were injured and you want to see if
• 27:28
  Speaker 1: you have a case we can handle, give us a
• 27:30
  Speaker 1: call or contact us.
• 27:33
  Speaker 3: Too.
• 27:33
  Speaker 1: Though if you you know, it's just those things happen,
• 27:37
  Speaker 1: it's not like the person hopefully didn't contend their dog
• 27:40
  Speaker 1: to attack somebody. And if you do have that situation
• 27:45
  Speaker 1: and somebody's you know, if they have to go to
• 27:48
  Speaker 1: the hospital or get treatment, then you might notify your
• 27:51
  Speaker 1: homeowner's insurance carrier because they'll have coverage for that. So
• 27:54
  Speaker 1: if you get sued for a claim actually like a
• 27:57
  Speaker 1: lawsuit fought against you, you get the paperwork and turned it
• 28:00
  Speaker 1: over to your homeowners insurance carrier and they'll they'll pay
• 28:02
  Speaker 1: a lawyer to defend you, and then if it's a
• 28:05
  Speaker 1: viable claim, they'll settle it up to whatever your limit
• 28:07
  Speaker 1: of personal liability coverage. That's not requires, not like car insurance,
• 28:11
  Speaker 1: but most agents, if they sell you a homeowner's policy,
• 28:15
  Speaker 1: will have some provision for personal liability protection. Probably what
• 28:19
  Speaker 1: people think about is somebody gets falls on your property
• 28:22
  Speaker 1: or something like that, something actually on your physical property.
• 28:25
  Speaker 1: But if you have a household pet that gets out
• 28:28
  Speaker 1: and hurts somebody and they make a claim, that's oftentimes
• 28:31
  Speaker 1: covered by your homeowners insurance. I'll tell I've got one
• 28:34
  Speaker 1: right now that I didn't realize it, but this person
• 28:39
  Speaker 1: was bitten by somebody else's dog that can gotten out
• 28:42
  Speaker 1: of their fence and they end up having to get
• 28:46
  Speaker 1: Raby shots, which my experience in the past with those
• 28:50
  Speaker 1: are really painful shots in your stomach. I'm not surely
• 28:53
  Speaker 1: do that anymore, but they're really expensive. I can tell
• 28:56
  Speaker 1: you that I think a series of Ravy shots for
• 29:00
  Speaker 1: my client was well into the five figures good night, yes, wow, Yeah,
• 29:07
  Speaker 1: I can't remember the name. It doesn't say Raby shot
• 29:09
  Speaker 1: on there. It's got a real complicated medical name.
• 29:13
  Speaker 3: But I say four figures. I had five figures. Holy cow.
• 29:17
  Speaker 1: Yeah, that's great. Wow, well into it. And that was
• 29:21
  Speaker 1: surprising to me because this person, although bit and hurt,
• 29:26
  Speaker 1: hopefully knock on wood, doesn't have really long term injuries.
• 29:29
  Speaker 1: But we were able to take the case because the
• 29:32
  Speaker 1: medical expenses were so high otherwise. But yeah, we do.
• 29:36
  Speaker 1: We usually have two or three of those cases pending
• 29:38
  Speaker 1: at any one time. So if you you know, if
• 29:41
  Speaker 1: it's important to find out whether the person has insurance
• 29:43
  Speaker 1: or not and get right on it, and then usually
• 29:47
  Speaker 1: we get good results. On those just the law helps,
• 29:51
  Speaker 1: and so yeah, if you've got that issue on either side,
• 29:54
  Speaker 1: think about homeowners insurance. And if certainly if you've been
• 29:56
  Speaker 1: hurt by somebody else's animal running at large or otherwise,
• 30:00
  Speaker 1: then that's the kind of thing that you can send
• 30:02
  Speaker 1: us an email about or give us a call and
• 30:05
  Speaker 1: we can talk to you real quick and see if
• 30:06
  Speaker 1: it's a case we might be willing to take. And
• 30:08
  Speaker 1: all those are taken on contingency fees, so we're never
• 30:11
  Speaker 1: going to charge you unless we recover something on your
• 30:15
  Speaker 1: behalf Peyton.
• 30:16
  Speaker 3: Law from you give us a call, we still have
• 30:17
  Speaker 3: a little bit of time. Three four five fifty eight
• 30:18
  Speaker 3: fifty eight. You can also send it in a text
• 30:20
  Speaker 3: real quick three or four nine, three five, five, zers
• 30:21
  Speaker 3: or eight and I leave in Michigan. I don't know
• 30:23
  Speaker 3: how this case resolved. There was an interesting case similar
• 30:25
  Speaker 3: to this that was going on, or a dog bite
• 30:27
  Speaker 3: case where the person had This was early surveillance video,
• 30:32
  Speaker 3: so it was like actual surveillance video, like not like
• 30:34
  Speaker 3: the little cameras they have now, but they had like
• 30:36
  Speaker 3: a surveillance video of their house and they had a
• 30:40
  Speaker 3: guard dog, so it was a dog that was that
• 30:42
  Speaker 3: was trained to be, you know, like a guard dog.
• 30:44
  Speaker 3: Where somebody came along rout up the dog by messing
• 30:48
  Speaker 3: along the fence line and like throwing things in the
• 30:50
  Speaker 3: fence and then let the dog out, took off running.
• 30:52
  Speaker 3: The dog attacked somebody else, it was a child in
• 30:55
  Speaker 3: mauled the child's leg and there was pretty substantial injury.
• 30:58
  Speaker 3: And that's where the case was. I don't really know
• 30:59
  Speaker 3: how it was a result, but it was complicated because
• 31:02
  Speaker 3: there was like multifacets to it, like between the owner
• 31:05
  Speaker 3: and somebody rolling up the dog and everything else.
• 31:07
  Speaker 1: Sure, and if somebody who's not an owner, keeper or
• 31:10
  Speaker 1: maybe a guest at the house, if it's not any
• 31:12
  Speaker 1: of those folks, it's kind of a third party, like
• 31:14
  Speaker 1: you say, walking down the street. I don't think that
• 31:16
  Speaker 1: strictly liable statue would would apply there because I mean,
• 31:21
  Speaker 1: it wasn't the keeper or owner's fault. The dog was
• 31:24
  Speaker 1: running it on the personal Let the dog now somebody
• 31:28
  Speaker 1: that behaves that way, or they're going to have insurance
• 31:31
  Speaker 1: to cover it, I.
• 31:32
  Speaker 3: Don't know, Or if they can find him. I think
• 31:34
  Speaker 3: that was the big issue that k who it was.
• 31:35
  Speaker 1: That's true, you got to find him and sometimes we
• 31:37
  Speaker 1: have to really default. Then they may not know to
• 31:40
  Speaker 1: preserve surveillance video, or you don't have documentation that you know.
• 31:44
  Speaker 1: It's some type of when I say instant report, not
• 31:47
  Speaker 1: like the police coming, but pretty much all establishments have
• 31:51
  Speaker 1: a sort of a form or procedure they go through
• 31:53
  Speaker 1: if there's an injury or incident at their facility, and
• 31:56
  Speaker 1: you want to make sure you get the managers's attention,
• 31:59
  Speaker 1: make sure, maybe handwrite a little statement and that way
• 32:01
  Speaker 1: it's documented, and then you're over the hump there of
• 32:05
  Speaker 1: did this even happen at all? Because when you're living
• 32:08
  Speaker 1: it and people aren't lawyers, probably thankfully they don't think
• 32:11
  Speaker 1: this way. But you know, you just don't think about
• 32:13
  Speaker 1: that and they call like, well, yeah, I fell. Didn't
• 32:16
  Speaker 1: think it was that bad, but my uncle kept hurting.
• 32:19
  Speaker 1: Now I've got a stress fracture of my Ankle's like, oh,
• 32:21
  Speaker 1: what did you? Did the manager come? Did the ambulance count? Well, no,
• 32:24
  Speaker 1: I didn't need an ambulance and no I didn't tell anybody.
• 32:27
  Speaker 1: So doesn't mean you don't have a claim. We might
• 32:30
  Speaker 1: better work with you, but just a practice point of there,
• 32:33
  Speaker 1: make sure it's documented because the opposition will look at
• 32:37
  Speaker 1: stepticism with this entire incident out of time.
• 32:41
  Speaker 3: Yep, not out of time. That's about it for the
• 32:42
  Speaker 3: show one more time. Where can folks get a hold
• 32:45
  Speaker 3: of your time?
• 32:45
  Speaker 1: Yeah, they can of course stop by. We're at twenty
• 32:47
  Speaker 1: one First Avenue in Nitri. That's the main drag there.
• 32:49
  Speaker 1: If you go past Dairy Queen you could get off
• 32:52
  Speaker 1: I sixty four about two blocks past that and they
• 32:55
  Speaker 1: can give us a call three zero four seven five
• 32:59
  Speaker 1: five five five five six, or that can get to
• 33:02
  Speaker 1: the website at Peytonlawfirm dot com and fpe y here
• 33:06
  Speaker 1: it's like Peyton Manning Peyton Lawfirm dot com and there's
• 33:10
  Speaker 1: a sex there where you can submit. It's a very
• 33:12
  Speaker 1: basic information, conduct information and ask us any question you
• 33:15
  Speaker 1: want and that goes right to Dad and I's emails.
• 33:19
  Speaker 1: And if you don't get a response within a day
• 33:21
  Speaker 1: or say, just send a reminder because we've ever looked
• 33:24
  Speaker 1: at but we will get back with you.
• 33:25
  Speaker 3: That's great stuff. Tom Payton from the Peyton Law Firm
• 33:27
  Speaker 3: Peyton Lawfirm dot com seven five five fifty five fifty six.
• 33:30
  Speaker 3: Dave Allen's up next. Have a great day everyone listening
• 33:32
  Speaker 3: to five eight w c HS w c HS A
• 33:36
  Speaker 3: W two four three d r F M Charles STONN
• 33:38
  Speaker 3: W two A three HU Cross Lanes, a WVRC media station.
• 33:43
  Speaker 1: We're proud to live here too.
• 33:46
  Speaker 2: From ABC News. I'm Brian Clark. Ship traffic is beginning
• 33:51
  Speaker 2: to move through the straight offour moves after President Trump
• 33:54
  Speaker 2: and Iran's president signed a memorandum of understanding to end
• 33:58
  Speaker 2: the war. President Trump told reporters Wednesday he had one
• 34:01
  Speaker 2: major consideration in mind.
• 34:03
  Speaker 1: I didn't want to see economic catestrophes.