Latest / WCHS Network Podcasts / 06/04/2026 Ask the Lawyer with Harvey Peyton

Transcript

06/04/2026 Ask the Lawyer with Harvey Peyton · 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 eighty wchs
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  Speaker 1: it's employees or WVRC media of courts.
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  Speaker 2: Oh created equal.
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  Speaker 3: When nass come here in a cake y can rock top.
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  Speaker 4: Well, you don't have to fight the law this morning.
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  Speaker 4: You can put it on your side. Payton Law Firm
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  Speaker 4: is in the studio. I don't mean Tom or Harvey.
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  Speaker 4: I mean Tom and Harvey this morning. That's right, Tom
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  Speaker 4: and Harvey, Payton studio this morning. Your phone calls at
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  Speaker 4: threes are A four three four, five, fifty eight fifty eight,
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  Speaker 4: three four, five fifty eight fifty eight. Text threes are
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  Speaker 4: A four non three five fives years or eight from
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  Speaker 4: the Payton Law Firm. Harvey and Tom, Good morning. How
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  Speaker 4: are you doing this morning?
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  Speaker 2: Well, I'm doing quite well. I think it's a beautiful morning.
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  Speaker 2: I actually drove in by coming up Route sixty this morning,
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  Speaker 2: got off the Interstate atro and came up through town,
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  Speaker 2: crossed the bridge into my old hometown Saint Albans, and
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  Speaker 2: then up sixty. Just because after yesterday's quagmire on the interstate,
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  Speaker 2: I thought I'm not going to take my chances. It
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  Speaker 2: happened to me last week. You know, there was a
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  Speaker 2: traffic stop at the Montrose Bridge. That's right, Yeah, and
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  Speaker 2: you know your ground to a halt somewhere between the
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  Speaker 2: Institute the interchanged dounebar. But I'm doing fine and actually
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  Speaker 2: pulled into the uh tried to pull in the lot,
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  Speaker 2: and Tom was right behind me.
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  Speaker 5: Hello, Tom, Hey, So maybe that Uh yeah, we'd never
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  Speaker 5: done both of us and this dad's been doing it,
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  Speaker 5: I think twenty seven years. I've been doing it twenty
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  Speaker 5: five years. And we never had both of us here
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  Speaker 5: at the same time. So I thought we'd we were
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  Speaker 5: both available, we'd do double.
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  Speaker 3: Troubles in the streams.
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  Speaker 4: This morning.
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  Speaker 3: I like it a lot.
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  Speaker 5: No, I took a different Maybe this says something about us.
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  Speaker 5: I took the chance, and I stayed on I sixty
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  Speaker 5: four this morning. So yeah, they've got the for anybody
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  Speaker 5: coming into Charleston. Uh, just a little delay. They still
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  Speaker 5: have the right lane closed where the tanker truck. I
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  Speaker 5: guess it's spilled. I don't remember the chemical, but they're
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  Speaker 5: still doing some clean up. So you get pretty much
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  Speaker 5: stopped or five mile per hour traffic for maybe a
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  Speaker 5: mile and then it's good after that. Actually, the bottleneck
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  Speaker 5: there kind of helps the traffic when you get past
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  Speaker 5: it in towards Charleston.
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  Speaker 2: So now I didn't hear anything about the driver of
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  Speaker 2: the truck, what his condition was, whether or not he
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  Speaker 2: was injured. Fortunately, thank goodness, did not hear about anyone
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  Speaker 2: else being injured in the accident.
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  Speaker 3: But it goes to show.
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  Speaker 2: You, you know, we do a lot a lot of auto accidents, trucks, vehicles,
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  Speaker 2: commercial vehicles, passenger cars. At the Peyton Law firm. We
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  Speaker 2: have for almost fifty years. It can happen in a heartbeat.
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  Speaker 2: And this was around noon. You know, you think about clearly.
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  Speaker 2: I mean, I'm not a traffic reconstructionist, but I've been
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  Speaker 2: involved in enough accidents to know. You've got a tanker
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  Speaker 2: with liquid and that's unstable in any event because the
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  Speaker 2: load shifts, i mean liquid rocks back and forth. You're
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  Speaker 2: coming down a hill too fast. I would think that
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  Speaker 2: eventually they'll get the GPS on that truck, which is
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  Speaker 2: there on all of them, find out what the speed was.
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  Speaker 2: And the load simply sloshed over to the right and
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  Speaker 2: took the vehicle over. And you know, had there been
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  Speaker 2: another vehicle beside it, or perhaps on either side or
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  Speaker 2: in front of that vehicle trying to come into a stop,
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  Speaker 2: or someone coming down the hill and collided with it.
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  Speaker 2: It could have been a really terrible situation. We've been involved,
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  Speaker 2: Tom and I have both been involved in cases like
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  Speaker 2: that before, and it's just a miracle at that time
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  Speaker 2: of day, although it's less traffic around noon, if it
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  Speaker 2: had happened this time of day, it would have been far,
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  Speaker 2: far worse.
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  Speaker 3: I fear. What do you think, Tom?
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  Speaker 5: Yeah, And you know, I guess when you think about
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  Speaker 5: people that drive trucks, they're kind of like a necessary
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  Speaker 5: evil the way the way I see it, And of
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  Speaker 5: course I feel for the men and women who drive them.
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  Speaker 5: I've never driven a semi truck, but to do that
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  Speaker 5: day in day out, you know, you feel for them.
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  Speaker 5: But at the same time, and people talk about about
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  Speaker 5: folks that drive trucks, but you know, at the same
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  Speaker 5: time they it is dangerous because they've got so much
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  Speaker 5: weight hauled. I mean, this wreck happened just as you
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  Speaker 5: come out of the you know, downhill curve there at
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  Speaker 5: the Institute, at just past the Institute exit. And I
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  Speaker 5: didn't see details yet, but I'm sure it was speed
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  Speaker 5: with the with the driver. And and when you get
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  Speaker 5: cases like like that, you know, maybe the drive, certainly
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  Speaker 5: the driver had a problem going too fast, but then
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  Speaker 5: you look at well, why was he doing that? They're fatigue?
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  Speaker 5: Was there pressure to get somewhere by a certain time?
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  Speaker 5: How are they getting paid? And that's what you look
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  Speaker 5: at when you get those cases, to see if there's
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  Speaker 5: some liability or a problem there beyond I mean, anybody
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  Speaker 5: can be negligent driving. I mean, it's just something that
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  Speaker 5: can happen, but you you always need to look behind
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  Speaker 5: that and see what is there some kind of motivation
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  Speaker 5: for this person to be driving too fast? And if
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  Speaker 5: there is, and it's not just within themselves, is it
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  Speaker 5: something from the ship or the company they work for?
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  Speaker 5: And and yeah, so we've done we've had pretty good
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  Speaker 5: success with with.
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  Speaker 3: Those type cases.
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  Speaker 5: And actually, Dad and I we've tried I don't know,
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  Speaker 5: probably quite a few jury trial cases, and you never
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  Speaker 5: you hate to nobody wins every case and it doesn't happen.
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  Speaker 5: But I really think looking back on what we've done
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  Speaker 5: when we've tried cases together, we'll share responsibility on some
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  Speaker 5: cases if we get to trial. Maybe I'll do an
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  Speaker 5: opening and Daw I'll do a closing and asked you know,
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  Speaker 5: I'll do a cross exam or he'll do a direct
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  Speaker 5: exam of different witnesses we've had. We've never lost a
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  Speaker 5: case when we were both there trying to a jury,
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  Speaker 5: and so that's a that's a pretty good, pretty good record.
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  Speaker 5: That's a good tandem.
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  Speaker 3: You know.
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  Speaker 2: One of the problems, you know, having had a historical
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  Speaker 2: perspective of this area in particular, which is I think
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  Speaker 2: one of the strengths of the Peyton Law firm. I mean,
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  Speaker 2: we both grew up here. I've been practicing law here
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  Speaker 2: for fifty two years. Tom's been at it twenty five
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  Speaker 2: years in pretty much the same locale I did practice well,
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  Speaker 2: I was a law clerk for a federal judge for
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  Speaker 2: a couple of years and practiced here in Charleston for
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  Speaker 2: year and a half before I went to Putnam County,
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  Speaker 2: And so, you know, it's changed. When I first started
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  Speaker 2: to practice law, I mean, I represented a truck driver
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  Speaker 2: in a case down in Roanoke, Virginia. He drove for
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  Speaker 2: a Bell Lines. Well, at that time, truck drivers were
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  Speaker 2: all teamsters. They were good jobs. They laid over at terminals,
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  Speaker 2: they kept accurate logs. He was cut off on four
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  Speaker 2: to sixty by another motorist who actually blamed the truck
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  Speaker 2: driver for the accident and sued him, and we filed
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  Speaker 2: the counterclaim and got at that time, which was a
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  Speaker 2: ton of money on the counterclaim, because you know, you
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  Speaker 2: just stand up, say, look this man draus for a living.
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  Speaker 2: He's fifty six years old, he's been driving since he
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  Speaker 2: was in the army. He's not out there cutting people
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  Speaker 2: off now. But they rolled that forward in the shortage
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  Speaker 2: of truck drivers and I think, you know, actually the
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  Speaker 2: opening of the market the NAFTA to you know, offshore drivers.
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  Speaker 2: It's up to the companies to qualify these people. One
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  Speaker 2: of the cases that I tried it by myself. You know,
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  Speaker 2: this kid was like twenty one years old. Most first
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  Speaker 2: class carriers won't qualify a driver. Untiller twenty three had
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  Speaker 2: a horrible driving record, speeding, reckless driving. Yeah, he clipped
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  Speaker 2: on one of our clients on Ice sixty four down
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  Speaker 2: between here and Huntington. We tried it down in Huntington
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  Speaker 2: and you know, he didn't show up. Obviously, the company
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  Speaker 2: was foolish to try it and you know, it gives
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  Speaker 2: you the opportunity to get up in front of the
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  Speaker 2: dream and saying, I don't know where this person is.
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  Speaker 2: He might be back down in South Carolina driving ninety
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  Speaker 2: five miles an hour. You know what, he might be
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  Speaker 2: right out there on Ice sixty four where one of
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  Speaker 2: your family members is going to go to work or
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  Speaker 2: to church today. Well that's instant. But yeah, then you
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  Speaker 2: get these people with falsified logs. It's just become I
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  Speaker 2: was going to ask about that.
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  Speaker 4: Is that where some of the like the pressure that
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  Speaker 4: leads to the driving, and does that lead to like
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  Speaker 4: some cooking the books and so forth?
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  Speaker 3: Is that? What is that?
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  Speaker 4: What you look for is that they've actually been on
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  Speaker 4: the road more than what is logged or whatever that is.
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  Speaker 4: I don't know the details, but.
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  Speaker 2: Well, another one I had where I represented a railroad
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  Speaker 2: worker on a case where a truck pulled off a
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  Speaker 2: crossing and caused a terrible accident. You know the guy,
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  Speaker 2: once we got all of his receipts and his timestamps,
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  Speaker 2: you know, he supposed he drove across picked up a
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  Speaker 2: load on Long Island, and drove through Harlem and through
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  Speaker 2: the cross Bronx Expressway ands into New Jersey on the
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  Speaker 2: Turnpike in like forty minutes. If you believed his logs,
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  Speaker 2: well that's like a three hour trip. It's just incredibly
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  Speaker 2: and it was for you just you guys, a foreign national. No,
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  Speaker 2: he was actually an American citizens from Puerto Rico. But
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  Speaker 2: he was just desperate to work. He was sleeping in
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  Speaker 2: the back of his truck, eating crackers and just trying
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  Speaker 2: to drive every miley could because he was getting paid
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  Speaker 2: zip code to zip code for the mile. And that's
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  Speaker 2: the kind of things that you find when you really
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  Speaker 2: get into it. We took massive depositions in that case
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  Speaker 2: all over Florida, Ohio, Indiana, and ended up it was
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  Speaker 2: a big case from the settlement standpoint. They didn't take
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  Speaker 2: it to trial. We managed to settle it. The Tom's
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  Speaker 2: got similar experience time, let them have it, you know.
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  Speaker 5: Yeah, so no, but when you when you get the
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  Speaker 5: of course you have the average uh negligence case with truckers.
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  Speaker 5: But yeah, if you've not every case you find them
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  Speaker 5: quick cooking the books. But usually it's and it's how
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  Speaker 5: they get paid too. I mean, my understanding is sometimes
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  Speaker 5: it's like they have a saying zip codes zip code.
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  Speaker 5: It's like airplane miles and and uh and so they're
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  Speaker 5: trying to get to their destination as soon as possible
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  Speaker 5: and move on. And then of course you've got to
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  Speaker 5: keep your logs. You have to have so much rest
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  Speaker 5: and non drive time. And and now that I think
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  Speaker 5: the case Dad's references probably before GPS was in place.
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  Speaker 5: And did they have a GPS in that truck, I
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  Speaker 5: can't remember, No, it was that was the case in contractor.
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  Speaker 5: He was a contractor for a company in Florida that
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  Speaker 5: was shipping plants, nursery plants up north, and so he
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  Speaker 5: was just you know, he would take his tractor down,
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  Speaker 5: pick up a trailer, load head off right from the distributor.
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  Speaker 5: There are very little off any control over him. The
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  Speaker 5: you know, the GPS, the one we had down in
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  Speaker 5: Fraser's bottom, the terrible case that man was killed that
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  Speaker 5: not only was there GPS involved, but that was the
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  Speaker 5: truck as well as the vehicle involved had event data recorders,
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  Speaker 5: which is something that we know a lot about.
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  Speaker 3: You know, you hear a.
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  Speaker 2: Lot of this these ads about well we're the trucking
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  Speaker 2: experts and we're the team, and it's because there's minimum
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  Speaker 2: insurance coverage for interstate motor carriers a million dollars per judgment.
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  Speaker 2: It can be as low seven hundred and fifty thousand dollars,
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  Speaker 2: but a million dollars per judgment is the norm. And
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  Speaker 2: of course, so that's what the big advertisers want to
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  Speaker 2: filter through, and let's handle these well. There's often a
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  Speaker 2: lot more coverage than that, and it's often layered up.
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  Speaker 2: And if you don't know what you're doing, and we do,
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  Speaker 2: you can, truthfully, you can sell those cases short. You know,
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  Speaker 2: I had one case where they offered a million dollars.
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  Speaker 2: We never offered that kind of money and it ended
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  Speaker 2: up at thirteen. So, you know, it's it is important
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  Speaker 2: to have qualified lawyers, but it doesn't mean that you
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  Speaker 2: have to be the biggest in the world or that
• 12:35
  Speaker 2: you have to have the biggest TV budget. Results speak
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  Speaker 2: for themselves, and I think as Tom said, and the
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  Speaker 2: cases we try to just just absolutely smooth the railroad
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  Speaker 2: over in Columbus. In a case, smart attic lawyer from
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  Speaker 2: Pittsburgh just got his rearent handed to him. And we
• 12:53
  Speaker 2: did the same thing with a smart attic lawyer from
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  Speaker 2: Huntington down in Buttnam County.
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  Speaker 3: You want to go to that one to right the well,
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  Speaker 3: that was we were representing the truck driver.
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  Speaker 5: And in that case, actually it was a company that's
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  Speaker 5: now I think defunct in Nitro, but he was It
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  Speaker 5: wasn't a driving incident. He was delivering uh, some kind
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  Speaker 5: of petroleum based product and then they had an ill
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  Speaker 5: equipped system for him to unload and just pulled his
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  Speaker 5: bick really bad. And I remember that one because they
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  Speaker 5: just offered almost nothing that mediation, which is a kind
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  Speaker 5: of a longer term for a settlement conference with a
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  Speaker 5: third party presiding. But we did really well. And that
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  Speaker 5: when I was thinking back to the one you were
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  Speaker 5: talking about where the Fellows started in New York, that
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  Speaker 5: was the we we actually represented. That's the one we
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  Speaker 5: represented the train conductor, right, the engineer engineer, Yeah, he
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  Speaker 5: was actually this more to the point. The case arose
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  Speaker 5: because the truck driver was trying to beat a train
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  Speaker 5: at a crossing, right, Yeah, And so the I can't
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  Speaker 5: remember the the impact the train. He didn't beat the
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  Speaker 5: train obviously, and then it hit I don't know if
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  Speaker 5: it hit the trailer. I think it did hit the trailer,
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  Speaker 5: hit it right where they were coupled up, hit the
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  Speaker 5: trailer primarily, but it hit the back of the cab
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  Speaker 5: and it knocked the train off the track so derailed it.
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  Speaker 5: And what happened our engineer, of course, he saw it
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  Speaker 5: coming and he slammed on emergency and got down in
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  Speaker 5: a crouch. Uh the other people who were injured. It
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  Speaker 5: was a train going from here to Columbus, and there's
• 14:32
  Speaker 5: a high point between here and Columbus mocks a halo.
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  Speaker 5: There's a tunnel there. It's an upgrade, so they put
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  Speaker 5: on they stop it at ad it used to be
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  Speaker 5: just across the river and Ohio. They put on a
• 14:45
  Speaker 5: pirate unit on the back to push the train while
• 14:47
  Speaker 5: the front poles. While the guy's right in the back
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  Speaker 5: where he really got pounded around because it whipped them
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  Speaker 5: off the tracks when the thing derailed. It was a yeah,
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  Speaker 5: we were actually we were Coke Council with the railroad.
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  Speaker 5: The railroad sued. The track company had a really really
• 15:01
  Speaker 5: good lawyer over in Columbus, Pat Smith, and uh I
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  Speaker 5: represented We represented the individual plane if another lawyer from
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  Speaker 5: down in Virginia represented the two guys that were.
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  Speaker 3: In the back power unit.
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  Speaker 2: But it was, I mean, it was almost bizarre to
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  Speaker 2: take this guy's deposition.
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  Speaker 3: It was like, you know, the driver position. I mean
• 15:25
  Speaker 3: it was.
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  Speaker 2: Literally bizarre. We were doing this town in Florida and
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  Speaker 2: you're just shaking your head, what what's this guy doing
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  Speaker 2: behind the wheel?
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  Speaker 4: Does it sounds as really ridiculous as it? I mean,
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  Speaker 4: because the on the on the outside, it just sounds ridiculous.
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  Speaker 4: I mean, I got trying to beat a guy ship
• 15:41
  Speaker 4: in a was he in a big truck? I guess
• 15:43
  Speaker 4: like trying to be a train sound trailer sounds very
• 15:47
  Speaker 4: not smart.
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  Speaker 2: Fladed with glassware obviously didn't. But yeah, I mean it's
• 15:53
  Speaker 2: it's a fascinating business to be and you learn so much.
• 15:57
  Speaker 2: Tom can tell you about cases that he has had.
• 15:59
  Speaker 2: I can tell you case where if you're involved with
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  Speaker 2: a particular fact set or uh, some area of expertise,
• 16:07
  Speaker 2: you really get into that, right though. I mean sure
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  Speaker 2: cases you've said where you just dug into like landlord
• 16:15
  Speaker 2: liability and things of that nature. The case up in
• 16:17
  Speaker 2: Morgantown where the young lady was so when you've got
• 16:20
  Speaker 2: the landlord of the bar to pay a significant sum
• 16:23
  Speaker 2: of money, and yeah, it's just you just learn a
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  Speaker 2: lot about a lot of different things.
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  Speaker 5: Yeah, of course, you know, you rely on experts if
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  Speaker 5: you have anything where you need specialized knowledge being told
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  Speaker 5: to the jury. But at the same time, and I
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  Speaker 5: think that's where you know, when you get cases, the
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  Speaker 5: more you know about the facts as the lawyer, whether
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  Speaker 5: it's I mean, I think when people come to see lawyers,
• 16:47
  Speaker 5: it's kind of like going to see your dentist. I mean,
• 16:49
  Speaker 5: I don't go to see a lawyer because I am one,
• 16:51
  Speaker 5: But I go to the dentist. He's like, well, yeah,
• 16:54
  Speaker 5: I've been flossing twice a day and brushing three times. Well,
• 16:58
  Speaker 5: you know, you tend to tell the dentist or the doctor,
• 17:01
  Speaker 5: you know, put it in the best light for yourself.
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  Speaker 3: Round up. Yeah, that's what you around up. And you
• 17:08
  Speaker 3: know it's human nature. Do that.
• 17:09
  Speaker 5: See when your clients come in, you get because we're
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  Speaker 5: doing this for twenty some years and and really most
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  Speaker 5: I mean most of our clientele are from from around
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  Speaker 5: here and that's where we grew up, and so we
• 17:23
  Speaker 5: we kind of see hot eye. But you learn over
• 17:25
  Speaker 5: the years just kind of what questions to ask to
• 17:28
  Speaker 5: make sure we get all the information. Because of course,
• 17:31
  Speaker 5: when you come to the lawyer, we're on your side.
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  Speaker 5: Once you hire us no matter what. And so we
• 17:37
  Speaker 5: gathering the facts and knowing all the facts helps you.
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  Speaker 5: And so, but when you get into some you know,
• 17:44
  Speaker 5: a trucking accident or a particular industry or behaviors or
• 17:50
  Speaker 5: when Dad was referencing, you know how it's it's kind
• 17:55
  Speaker 5: of a it's a dram dram shop case, is what
• 17:59
  Speaker 5: I had there. And that's a that's also an old
• 18:01
  Speaker 5: term for liability on bars when they maybe over serve
• 18:06
  Speaker 5: someone or serve someone under age and then that person
• 18:08
  Speaker 5: leaves the facility without any escort or any any help
• 18:16
  Speaker 5: from the bar to make sure they get home safe
• 18:19
  Speaker 5: and don't hurt anyone else. And and you get into
• 18:23
  Speaker 5: that and learn, you know, the rules, like you know,
• 18:27
  Speaker 5: it's illegal, it's under Western your code and the regulations
• 18:30
  Speaker 5: to serve a person at a facility to the point
• 18:37
  Speaker 5: of intoxication. But in the case I had, for example,
• 18:41
  Speaker 5: it was in Morgantown, so it's a little different dynamic
• 18:43
  Speaker 5: than here. But you know, we found social media advertising
• 18:47
  Speaker 5: material where her.
• 18:49
  Speaker 3: Off and this is a bar where I think it's
• 18:53
  Speaker 3: still the law.
• 18:54
  Speaker 5: You can have obviously we know because you go to
• 18:56
  Speaker 5: restaurants and things like that, but they were allowing eighteen
• 18:59
  Speaker 5: year olds in the bar, who of course can't drink
• 19:03
  Speaker 5: drinking age twenty one. But it became the bar would
• 19:09
  Speaker 5: get so crowded and morget down to mean, I don't
• 19:11
  Speaker 5: know how they would ever police it. And you know,
• 19:13
  Speaker 5: there was evidence of well, they put the stamps on
• 19:17
  Speaker 5: their hand show they're twenty one or over, or they
• 19:19
  Speaker 5: put a wristband on. Well, of course, you know, kids
• 19:22
  Speaker 5: are kids before they do lick the stamp and turn
• 19:25
  Speaker 5: it over and put it on their friend's hand, right,
• 19:27
  Speaker 5: and it imposed on them where they loosen up that
• 19:31
  Speaker 5: wristband and put it on their nineteen year old buddy's hand.
• 19:35
  Speaker 5: But we in that case, we were able to uncover
• 19:38
  Speaker 5: some social media advertising material, things like old twenty five
• 19:43
  Speaker 5: cent shots of liquor. Now whether that was you know,
• 19:49
  Speaker 5: strong whiskey or not, I don't know what they were serving.
• 19:52
  Speaker 5: But I mean, while I mean, the whole point of
• 19:57
  Speaker 5: the advertising was to get these young people in the
• 20:01
  Speaker 5: bar so they can drink as much as they can
• 20:05
  Speaker 5: for as cheap as they can, which is almost just
• 20:07
  Speaker 5: an express violation of the law. And of course, in
• 20:10
  Speaker 5: that case, unfortunately, sadly, they overserved a person I can't
• 20:16
  Speaker 5: remember that if that person was under.
• 20:18
  Speaker 3: Age or not.
• 20:18
  Speaker 5: And then they drove and killed our clients daughter and
• 20:25
  Speaker 5: it was a hit and run. Actually a good police
• 20:27
  Speaker 5: work by the Morgantown Police tracked them down and then
• 20:31
  Speaker 5: we took it, wouldn't settle it, and took it to
• 20:34
  Speaker 5: trial and we got a really good result. I think
• 20:37
  Speaker 5: it was a seven point some million dollar verdicts, So
• 20:41
  Speaker 5: that was a good one.
• 20:42
  Speaker 3: Yeah, why don't we do this.
• 20:43
  Speaker 4: Let's go and take a break here. Let's take our break.
• 20:45
  Speaker 4: Harvey and Tom Paton are here from the Payton Law Froom.
• 20:47
  Speaker 4: If you have questions this morning, I know that we're
• 20:50
  Speaker 4: learning a lot, but if you have questions, you want
• 20:51
  Speaker 4: to put the power of Payton on your side. Any
• 20:52
  Speaker 4: question that you might have about a legal difficulty, something
• 20:55
  Speaker 4: that the Payton Law Froom handles, more than welcome to
• 20:57
  Speaker 4: give us a call this morning. You can give us
• 20:58
  Speaker 4: a call it three or a four three four or
• 21:00
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• 21:01
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• 21:03
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• 21:05
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• 21:07
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• 21:09
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• 21:21
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• 22:23
  Speaker 4: It's fifteen minutes now until the top of the hour.
• 22:25
  Speaker 4: That's Harvey Peyton, Tom Pagos here this morning as well.
• 22:27
  Speaker 4: He gives the call three zero four three four five
• 22:28
  Speaker 4: fifteen fifty eight three four five fifty eight fifty eight
• 22:31
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• 22:33
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• 22:35
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• 22:36
  Speaker 5: Hey Country Roads. So, uh, probably a lot of our
• 22:40
  Speaker 5: listeners watched the Mountaineer baseball game Monday night when we
• 22:45
  Speaker 5: had a historic win. I guess, I guess we've made
• 22:48
  Speaker 5: it this far before in the NCAA tournament. But uh,
• 22:52
  Speaker 5: but it was a historic broadcast I think because uh,
• 22:59
  Speaker 5: just real quick, you know, we beat Kentucky to move
• 23:01
  Speaker 5: on in the in the playoffs basically for the n
• 23:05
  Speaker 5: cua A Baseball Tournament. It was in Morgantown and I
• 23:09
  Speaker 5: went to extra innings. It was a walk off single
• 23:11
  Speaker 5: RBI to win it. But uh, and the and the
• 23:16
  Speaker 5: the baseball stadium was packed. I think they seat maybe
• 23:20
  Speaker 5: forty six hundred. They have a grass area there so
• 23:22
  Speaker 5: you can do standing room only, although it's really steep,
• 23:25
  Speaker 5: so there's only certain areas I think you can safely sit.
• 23:29
  Speaker 5: But what was different about this than other significant Mountaineer victories.
• 23:36
  Speaker 5: After the game, the players all lined up and the
• 23:39
  Speaker 5: crowd not a person left, and they they sang Country
• 23:43
  Speaker 5: Roads like we always do normally. They as soon as
• 23:45
  Speaker 5: that starts, they fade out and go to the next broadcast.
• 23:48
  Speaker 5: And actually the game that was supposed to come on
• 23:50
  Speaker 5: ESPN two where the Mountaineers were playing, was had already
• 23:54
  Speaker 5: started because we went into extra innings, was playing on
• 23:56
  Speaker 5: ESPN News or something. It's Texas A and M and
• 23:58
  Speaker 5: somebody I thought, well, they're going to flop over to
• 24:02
  Speaker 5: you know, gonna switch us out, but they didn't. And uh,
• 24:05
  Speaker 5: if you it's on social media, if you go to
• 24:07
  Speaker 5: SportsCenter dot com or you're on Facebook, it won't take
• 24:11
  Speaker 5: you but a minute to find it.
• 24:13
  Speaker 3: But it was.
• 24:18
  Speaker 5: It was really good because the announcers said, all they're
• 24:21
  Speaker 5: going to send Country Roads and then announcers just stop.
• 24:24
  Speaker 5: There's three minutes of quiet on a TV bro other
• 24:27
  Speaker 5: than the fans and the players singing, and you just
• 24:31
  Speaker 5: never see that. And uh, then Guzman, the guy who
• 24:35
  Speaker 5: hit the walk off single. You know, they were interviewing him,
• 24:38
  Speaker 5: but he he wouldn't do the.
• 24:40
  Speaker 3: Interview until he got done singing country roads.
• 24:42
  Speaker 5: So everybody out there listening, baseball fan or not, if
• 24:45
  Speaker 5: you're a West Virginia and you really ought to go
• 24:47
  Speaker 5: back and uh watch that broadcast because it wasn't on
• 24:51
  Speaker 5: ESPN Plus or these specials. I mean, it was on
• 24:53
  Speaker 5: the regular, It wasn't main ESPN. It was ESPN two.
• 24:56
  Speaker 5: So if you had basic cable package, you're gonna you're
• 25:00
  Speaker 5: going to get get that. But it's it was a
• 25:03
  Speaker 5: problem that it gave me chills watching that, and uh,
• 25:07
  Speaker 5: you know, hopefully and the Mountains played tomorrow noon and
• 25:10
  Speaker 5: if they win that one, well either way, they played
• 25:12
  Speaker 5: noon on Saturdays, best of three series against cal poly
• 25:17
  Speaker 5: Tech Polytechnical.
• 25:19
  Speaker 4: The scuttle butt is that, at least from like a
• 25:22
  Speaker 4: media standpoint, is that because of the basically West Virginia
• 25:25
  Speaker 4: just imported their football fans to the baseball field and
• 25:27
  Speaker 4: they're rowdy, they're a loud, they're amazing, Like it just
• 25:30
  Speaker 4: sounds so good on TV that the national broadcast are
• 25:33
  Speaker 4: kind of favorite. There's as many as we run our
• 25:35
  Speaker 4: conspiracies right now, we're kind of in on the positive side.
• 25:38
  Speaker 4: Of things, because they love that sound, they love that
• 25:41
  Speaker 4: excitement that it looks like at these baseball fields. And
• 25:43
  Speaker 4: so they're gonna put the Mountaineers on and leave them
• 25:44
  Speaker 4: on as long as they keep winning. So we're going
• 25:46
  Speaker 4: to be able to see them. And of course now
• 25:47
  Speaker 4: they're close enough where it wouldn't matter anyway. I mean
• 25:50
  Speaker 4: that we're getting into the super Regionals and got to
• 25:52
  Speaker 4: win two to get to the Omaha.
• 25:54
  Speaker 3: That's that's huge.
• 25:55
  Speaker 5: Yeah, and credit to us or that I wasn't there,
• 25:57
  Speaker 5: but the Mountaineer fans, because you know, I was flipping
• 26:00
  Speaker 5: back and forth. There's games going on simultaneously, and these
• 26:02
  Speaker 5: are all Monday. They were all knockout games or elimination
• 26:05
  Speaker 5: games in the evening anyway, So, uh, winter moves on,
• 26:10
  Speaker 5: loser goes home. And there was Florida was playing in Gainesville,
• 26:15
  Speaker 5: Texas A and m was playing in College Station that's
• 26:18
  Speaker 5: their home field. And I was flipping back and forth,
• 26:21
  Speaker 5: and you go to those broadcasts and yeah, there's a
• 26:25
  Speaker 5: pretty good crowd there, but there are scattering of empty
• 26:29
  Speaker 5: seats at both of those facilities. Then they go back
• 26:32
  Speaker 5: to you know, Mountaineer Field. I'm not sure what the
• 26:37
  Speaker 5: name of the what's the name of the baseball park.
• 26:39
  Speaker 2: I can't remember. The Kendrick Family Stadium. Okay, yeah, Ken Kendrick.
• 26:43
  Speaker 5: But some of the games, right, and you go back
• 26:45
  Speaker 5: to our broadcast and there's I mean there's not a
• 26:47
  Speaker 5: seat lest somebody's going to get a snack or go
• 26:49
  Speaker 5: to the bathroom. I mean there's not a seat available
• 26:51
  Speaker 5: and it's standing room only, and so certainly that plays
• 26:55
  Speaker 5: well for for ESPN. And then that, I mean, it's
• 26:59
  Speaker 5: it's the whole week. It's spread across media. That scene
• 27:03
  Speaker 5: of everyone singing country roads there together. Hopefully had some
• 27:07
  Speaker 5: nice recruits there watching it. It's not gonna hurt. I know,
• 27:10
  Speaker 5: we got a nice offensive lineman that committed I think
• 27:14
  Speaker 5: yesterday the Mountaineers, but that that kind of stuff really helps.
• 27:17
  Speaker 5: But credit to all the Mountaineer fans, and I really
• 27:20
  Speaker 5: encourage everybody to go back if they didn't watch the
• 27:22
  Speaker 5: end of that. Uh, the clips all over Facebook at
• 27:26
  Speaker 5: least that's the only social media I do.
• 27:27
  Speaker 3: So it was.
• 27:29
  Speaker 5: It was a great win for the Mountaineers. Hopefully they'll
• 27:31
  Speaker 5: come through here in the next couple of days and
• 27:32
  Speaker 5: get to the It will be a historical event if
• 27:34
  Speaker 5: we win this best of three series because we've never
• 27:37
  Speaker 5: made it to the uh College World Series.
• 27:40
  Speaker 4: Yeah, yeah, you gotta be cal poly sa. I mean,
• 27:42
  Speaker 4: of all the teams that you got that you're that
• 27:44
  Speaker 4: you circle at the beginning of the season and maybe
• 27:46
  Speaker 4: you have to go somewhere, probably not the one that
• 27:48
  Speaker 4: you that you that you queued up the Mustangs, by
• 27:50
  Speaker 4: the way, the Mustangs.
• 27:51
  Speaker 3: That's right. Be careful, be careful. They won thirty five.
• 27:54
  Speaker 2: Oh, I know.
• 27:54
  Speaker 4: They have a very good program, there's no question.
• 27:56
  Speaker 2: Yeah, they've got a big guy, I think, uh super hitter,
• 27:59
  Speaker 2: and they played in the Big West Conference, which is
• 28:02
  Speaker 2: Hawaii plus every California state school other than cal Berkeley
• 28:07
  Speaker 2: and UCLA, So it's not going.
• 28:10
  Speaker 4: To be you know, they have a traditionally good baseball program.
• 28:13
  Speaker 2: Baseball anything can happen, you know, you you know, it
• 28:17
  Speaker 2: was chilling to watch that. The only other thing I
• 28:20
  Speaker 2: can think about that was emotionally impactful for me was
• 28:24
  Speaker 2: when Owen Smith broke into tears being interviewed after the
• 28:29
  Speaker 2: Fiesta Bowl. I mean, it was just an incredible moments
• 28:33
  Speaker 2: which is still replayed on the Runaway Beer Truck.
• 28:37
  Speaker 4: I mean yeah, I mean, the guy came back here
• 28:39
  Speaker 4: and opened up a bar and restaurant. Has been to
• 28:41
  Speaker 4: fixedure of the community up north for a long time now.
• 28:43
  Speaker 4: I mean he loved the state, there's no question about it.
• 28:45
  Speaker 2: I'm gonna say a little something about the law. First
• 28:48
  Speaker 2: of all, at the Peyton Law Firm, you know, we
• 28:50
  Speaker 2: have a wealth of local knowledge and experience, primarily in
• 28:55
  Speaker 2: the accident and injury field. We also do things that
• 28:58
  Speaker 2: just regular folks needs. Little state planning doesn't mean we're
• 29:02
  Speaker 2: jacks of all trades. It simply means that we focus
• 29:05
  Speaker 2: to some small degree on what our clients need after
• 29:09
  Speaker 2: they get the money or with the money they've earned
• 29:13
  Speaker 2: all their lives. How to dispose of, how to handle
• 29:15
  Speaker 2: a business transaction, to how to deal with a dispute
• 29:20
  Speaker 2: about their family farm. We can do that, although our
• 29:23
  Speaker 2: primary focus is accident injury work, which involves work in court.
• 29:27
  Speaker 2: One sort of distressing thing that yesterday I was listening
• 29:31
  Speaker 2: to the afternoon show, or may have been the morning
• 29:33
  Speaker 2: show talk Line.
• 29:36
  Speaker 6: And.
• 29:38
  Speaker 2: The treasurer was on Larry pack Pack. Yeah, who understands
• 29:44
  Speaker 2: a really nice guy. I don't know Larry Pack, but
• 29:45
  Speaker 2: Steve White was his business partner in Tessa, Steve's daughter
• 29:48
  Speaker 2: was executive director of the Bar Association while I was president.
• 29:52
  Speaker 2: But he was talking about, you know, they asked him
• 29:55
  Speaker 2: about the disarray and the Republican Party and he started
• 29:59
  Speaker 2: to mention, well, now because of that, we've got a
• 30:01
  Speaker 2: quote activist court, we have to and he used the
• 30:04
  Speaker 2: word activist court that phrase probably a half dozen times,
• 30:08
  Speaker 2: so I assume he's talking about, Uh was it Bill
• 30:12
  Speaker 2: Flanagan And.
• 30:13
  Speaker 3: Bill Flanagan won the election and.
• 30:16
  Speaker 2: From Wheeley and Kirk Kirkpatrick, who's a longtime circuit judge
• 30:21
  Speaker 2: and Rawley County, And I'm thinking, well, what do you mean?
• 30:25
  Speaker 2: You know, I don't think it's any secret Tom and
• 30:28
  Speaker 2: our office endorsed the other side, Tom Ewing, and what's
• 30:33
  Speaker 2: your friend's name, Jerial Titus. Ye, Gerald Titus. They're talking
• 30:37
  Speaker 2: about contemporary with Tom, and I know both of them.
• 30:40
  Speaker 2: I know Gerald Titus's father, and Tom Ewing was you know,
• 30:43
  Speaker 2: the firm that he was with. They certainly would have
• 30:46
  Speaker 2: been acceptable and competent on the bench. But what is
• 30:49
  Speaker 2: to say that because you've got a lawyer from Wheeling
• 30:54
  Speaker 2: and I retired judge from Rawley County, that suddenly we're
• 30:56
  Speaker 2: confronted with this dangerous active escort. Kirkpatrick in his seventies.
• 31:00
  Speaker 2: He's not a raging liberally got good sense. I mean,
• 31:07
  Speaker 2: he and Bill Wooton, I'm sure have some camaraderie because
• 31:10
  Speaker 2: there are contemporaries from Donner Beckley. But I thought that
• 31:14
  Speaker 2: was a bit I'm and I've heard that phrase used
• 31:16
  Speaker 2: a couple of times in newspaper articles. Well now we
• 31:20
  Speaker 2: have this activist score, Well, what what is that? What
• 31:24
  Speaker 2: are we afraid of? What's what do you think that
• 31:26
  Speaker 2: these two new judges are going to do? So poison
• 31:31
  Speaker 2: the well for legitimacy? Is that what the point is?
• 31:33
  Speaker 3: You think? Yeah, well, I think that's absolutely the case.
• 31:37
  Speaker 2: It's like someone on a national's scene saying every elections
• 31:41
  Speaker 2: rigged and there was big cheating in California. You just
• 31:44
  Speaker 2: want to poison the well because when you get walloped
• 31:47
  Speaker 2: in an election, you want to do well because it
• 31:49
  Speaker 2: was because something happened or but you know, people campaigns
• 31:54
  Speaker 2: a state wide race. It was a race that was
• 31:56
  Speaker 2: available to Democrats, independents, and Republicans, and I don't think
• 32:01
  Speaker 2: independent voters had any adverse reaction to Republicans for being
• 32:04
  Speaker 2: shut out of the primary. I think, you know, it's
• 32:07
  Speaker 2: clear from the wards of the victory that most people
• 32:10
  Speaker 2: in the state of West Virginia opted for a little
• 32:13
  Speaker 2: more age and experience period. So in that regard, I
• 32:17
  Speaker 2: mean I disagree with the Treasurer. I do agree with
• 32:21
  Speaker 2: him at his request for information about the auditor hiring
• 32:24
  Speaker 2: a state senator, which seems to be pretty clearly against
• 32:27
  Speaker 2: the law. Yeah, and that's I think I saw you
• 32:32
  Speaker 2: guys are going to have on statewide talk line maybe
• 32:35
  Speaker 2: at around eleven thirty Mark cunnellby on the treasure So
• 32:39
  Speaker 2: and what just for a background on that, that's where
• 32:42
  Speaker 2: a sitting member of the legislature was hired by the Treasurer,
• 32:46
  Speaker 2: which if they're employed by the trade, mean that's prohibited
• 32:49
  Speaker 2: I think in the constitution. So you can't be employed
• 32:53
  Speaker 2: by the treasure and also be serving on the state legislature.
• 32:58
  Speaker 5: So what the Treasure's office at least attempted to do
• 33:02
  Speaker 5: or it kind of categorized him as an independent contractor.
• 33:05
  Speaker 5: And and yesterday I think it's the auditor, right, Mark
• 33:13
  Speaker 5: kunn is the treasurer of the auditor. He's the auditor. Okay,
• 33:15
  Speaker 5: he's the auditor. So I'm misspoke there. The Auditor's officer.
• 33:18
  Speaker 5: Larry Pike's the treasurer and he of course he's in
• 33:21
  Speaker 5: charge of the purse string. So yesterday he issued a
• 33:23
  Speaker 5: letter to the Auditor's office and hey, give me details
• 33:27
  Speaker 5: on this arrangement.
• 33:29
  Speaker 3: And whether a person is.
• 33:32
  Speaker 5: Truly an employee versus an independent contractor is not based
• 33:37
  Speaker 5: on how you label them. It's based on what's actually
• 33:40
  Speaker 5: going on. And I've handled those, Kate, you know, generally
• 33:45
  Speaker 5: as a general matter or more benefits. And it's better
• 33:48
  Speaker 5: you're covered by wage in an hour law if you're
• 33:50
  Speaker 5: an employee versus an independent contractor. And so just because
• 33:55
  Speaker 5: someone who hires another person says you're an independent contractor
• 33:59
  Speaker 5: doesn't mean the actually are under the law. And it
• 34:01
  Speaker 5: looks like that's what the treasure is kind of looking into.
• 34:04
  Speaker 5: Is this person really they just label him an independent conductor,
• 34:08
  Speaker 5: but he's actually doing work of an employee. And so
• 34:11
  Speaker 5: we'll see what what TJ and Dave have to ask. Well,
• 34:17
  Speaker 5: mister Hunt, and you know it's one of.
• 34:19
  Speaker 2: Those things is barely legal, right, Uh, that's the issue. Uh,
• 34:27
  Speaker 2: you can label I mean the state constitution says, if
• 34:30
  Speaker 2: you're in the legislature, have no other officer post with
• 34:32
  Speaker 2: the state period.
• 34:34
  Speaker 3: So is it right? Is it moral?
• 34:39
  Speaker 2: Is it keeping faith with the electorate that they're trying
• 34:43
  Speaker 2: to bypass that by labeling someone putting him in an
• 34:46
  Speaker 2: office where they have oversight over other people. And I mean,
• 34:49
  Speaker 2: we have seen enough of that on the national level.
• 34:51
  Speaker 2: We have said. Here's my favorite example. We had an
• 34:55
  Speaker 2: Act of Congress that renamed a number of bases that
• 34:59
  Speaker 2: were in i'm properly named for Confederate generals. So Fort
• 35:04
  Speaker 2: Bragg was named for Braxton Bragg, not a very good general,
• 35:08
  Speaker 2: but a Confederate slaveholder skunk, and that was changed to
• 35:15
  Speaker 2: Fort Freedom. Well that's Fort Bragg again. But oh no, no,
• 35:19
  Speaker 2: not Braxton Bragg, but some serviceman by the name of
• 35:22
  Speaker 2: Bragg who was awarded the Silver Star in the Korean War.
• 35:26
  Speaker 2: Now that's sophomoric, that's underhanded, And it's the barely legal
• 35:32
  Speaker 2: sort of stuff that I think the general American public
• 35:35
  Speaker 2: is sick of, and I hate to see it even
• 35:37
  Speaker 2: get its roots here in West Virginia. And that's what,
• 35:40
  Speaker 2: in my opinion, this is, and I don't care what
• 35:43
  Speaker 2: anybody says about it. It's if it's legal, it's barely legal,
• 35:47
  Speaker 2: and you're skunking around the system to get it done,
• 35:50
  Speaker 2: to reward an ally period and hopefully the next election
• 35:56
  Speaker 2: cycle people will remember that. Although I think the half
• 35:59
  Speaker 2: life of bad memory he's pretty short in this place.
• 36:02
  Speaker 2: So all right, that's enough for me. Got a minute left.
• 36:07
  Speaker 4: It makes about it a lot of sense about a
• 36:08
  Speaker 4: minute left if you want to wrap it up here.
• 36:10
  Speaker 3: All right, good?
• 36:10
  Speaker 5: Yeah, So yeah, of course, accident and injury and trying
• 36:14
  Speaker 5: case is really what we like to do. I mean,
• 36:16
  Speaker 5: it's yeah, you know, you hate to analogize it to this,
• 36:19
  Speaker 5: but I mean it's kind of like practice, practice, practice, prepare, prepare, prepare,
• 36:24
  Speaker 5: and then trials your game and we perform really.
• 36:27
  Speaker 3: Well there that helps us.
• 36:27
  Speaker 5: I mean, not that many cases get tried, we settle
• 36:30
  Speaker 5: almost all of them, but that's what gets them settled
• 36:33
  Speaker 5: because you're prepared and ready to go, and you've got
• 36:35
  Speaker 5: a history of performing well at trials. But if you
• 36:38
  Speaker 5: have a question about any particular legal issue, you can
• 36:41
  Speaker 5: pop us an email through the website, stop by, or
• 36:43
  Speaker 5: give us a call to office at seven five five
• 36:46
  Speaker 5: five five five six, and we'll be.
• 36:48
  Speaker 3: Glad to talk to you.
• 36:49
  Speaker 5: And if it's something not in our wheelhouse, we'll be
• 36:51
  Speaker 5: glad to give you a referral.
• 36:52
  Speaker 4: Or at Peyton Lawfirm dot com. That's right, Peyton Lawfirm
• 36:55
  Speaker 4: dot com. P E y t O in Peyton Lawfirm
• 36:57
  Speaker 4: dot Com. Every Thursday right here at eight twenty one
• 37:00
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• 37:02
  Speaker 4: Harvey and Tom in studio with us. This will be
• 37:04
  Speaker 4: on podcast at WHS network dot com slash podcast here
• 37:08
  Speaker 4: in just a little bit. Dave Allan's up next on
• 37:10
  Speaker 4: five eight Live. I'll be back this afternoon with Dave
• 37:12
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• 37:36
  Speaker 3: We're proud to live here too,