West Virginia Personal Injury Lawyer Blog

Honduras 2015

Some members of my church family and I are returning to the small village of Maraita, Honduras this summer to continue our ministry to the people of the country. Through Baptist Medical & Dental Mission International (www.bmdmi.org), we will be providing medical care as well as eye examinations and administering medication. Last summer, we helped build a church and were able to attend the dedication service of the church. This year, our team will be building the pastor’s house as well as doing some construction for the village (basketball hoops for the school, etc). We have an early team leaving before the main group to teach in the church that we built last year. We will be teaching the local congregation as well as pastors from the surrounding area.

WV SUPREME COURT UPHOLDS RULING IN FAVOR OF DALTON WOOD

Charleston --- The West Virginia Supreme Court of Appeals issued its opinion today, delivered by Justice Menis Ketchum, finding that the West Virginia Secondary Schools Athletic Commission (SSAC) rule prohibiting a review of ejections from athletic contests violates the legislative requirement that the SSAC provide a proper review procedure.

The ruling rejects the SSAC’s application to the Court for a writ of prohibition, and thus upheld the decision by 2nd Judicial Circuit Chief Judge David Hummel in September that the SSAC non-review rule did not comply with the state statute.

The Supreme Court makes clear in its ruling today that if the SSAC rules are properly within the authority granted to it by the legislature, courts do not review them and must stay out of the SSAC’s internal affairs. However, as in this case, circuit courts do have judicial review to the extent the SSAC exceeds its statutory or its constitutional authority.

Life at Home with my Canine Companions - Never a Dull Moment

Life at Home with my Canine Companions - Never a Dull Moment

First thing on a Monday morning as I was getting ready for work, I was heading down the steps to let the boys (the dogs) outside while carrying a load of laundry. There was a gathering on the landing of our steps. I guess the boys where holding a meeting on how they would attack the snow and ice outside. I asked them to please move, but I guess the meeting was still in session. I went to step over all of them when they decided to take me down. All I heard was yelping, barking, (telling one another to get out of my way), screaming, running and did I say screaming? Down I went! Laundry went flying, the dogs ran and did I mention I heard a lot of screaming? Well if I didn't mention it, I sure did hear it and a lot of it! I hit like a ton of bricks and came to rest on the tile floor. I jumped up and yelled, Are we all alright? Not one of the boys would come near me.

Who's Up for Drover's?

Every six weeks or so, one of the girls and, yes, it’s usually Marilyn, sends an e-mail out to our fellow staff members here at Bordas & Bordas about getting together to get something to eat at Drover’s Inn and Restaurant and to (invariably) talk and talk and talk. Not everyone makes it each and every time there is a get-together but it only takes two to say, “I’m in.” I think the anticipation of going is high and since it is usually a week in advance, or more, that this get’s set into motion, someone usually mentions it by asking who’s going, when are we going and then counting down the days. Some of us drive alone but others take turns at car-pooling but once we’re on our way it seems to be non-stop talking to the restaurant, while we’re at the restaurant and even on our way home. Since our favorite haunt is Drover’s in Wellsburg which takes about 35 minutes or so to get to from Wheeling, there is a lot of chatting going on during our evening out.

Snow

Snow

One morning, I woke up to find three inches of snow on my car and a forecast that predicted another three to four inches by evening, followed by temperatures dipping below zero, then more snow. Wonderful! This means that the chances of the snow on the ground melting before the next blast of snow was nil. With a lot of grumbling and whining, I slipped on my heavy coat, gloves and boots and went out to begin the tedious job of shoveling my walkway and then “sweeping” the snow off my car to prepare to go to work. Back in the house, I eat a quick breakfast, shower, get dressed, again don my heavy coat, gloves and boots and trudge out into the blustery morning to go to work, saying a prayer that I would make it down the hill safely as I drive slowly down the treated, but still slippery roads of North Park. I finally make it to the bottom of the hill with a grateful sigh and turn cautiously onto Route 40 making my way down Wheeling Hill toward my office that is located out the pike. As I park in the lot, I again say another small prayer that I won’t fall and break a hip or both wrists trying to catch myself when I fall, and begin to walk tentatively along the treated, but still slippery roads and sidewalks into my office.

Wheeling Hospital Blood Drive

Wheeling Hospital Blood Drive

Please take a minute to peruse the Central Blood Bank notice I received in the mail yesterday. Check and see if you are available to donate blood at the above blood drive located at Wheeling Hospital, 1 Medical Park, Wheeling, W.Va., in their Auditorium B (Basement Level) during the hours of 11:30 a.m. to 5:30 p.m.

So many lives can be saved when you donate blood for a “life saving” transfusion. If you have never donated blood before, see the Central Blood Bank’s donation process below. I have donated blood in the past and it is very easy, but my hemoglobin has not been up to par the last few times I attempted to donate, so I was rejected. You will be checked out as well to make sure everything is up to snuff before you are approved to donate blood.

States that Require Complete Snow Removal from your Vehicle

States that Require Complete Snow Removal from your Vehicle

Did you know that several states have laws on their books that you must remove all ice and snow from your vehicle before moving it or you can be fined? It only makes sense to clear off all of your windows before driving, but I did not know that you must clean the roof and hood as well. If ice or snow falls from your vehicle while driving and hits another vehicle causing property damage, or hits a pedestrian causing injury, you can be fined.

A Reminder about EMAIL Jokes

A Reminder about EMAIL Jokes

All too often we tend to view e-mails and text messages as informal means of communication. We joke with our friends using our work computers and say things that we would probably never say in a written letter. Just a word of warning about that. The content of e-mails and text messages can often look very, very bad when examined later on.

Pennsylvania Supreme Court clarifies Gist of the Case Doctrine and application of Certificate of Merit law to professional liability claims.

Pennsylvania Supreme Court clarifies Gist of the Case Doctrine and application of Certificate of Merit law to professional liability claims.

In Bruno v. Erie Insurance, the Pennsylvania Supreme Court analyzed the “gist of the case” doctrine, which limits plaintiffs from recasting breach of contract claims as tort claims. Typically, if the tort claim is wholly dependent upon the terms of the contract, then it will fail. In other words, if the defendant has no duty to the plaintiff except for those created by the contract, the gist of the case is contractual. For a negligence claim to be successful in the context of a contract, the allegations of negligence must fall outside the terms of the contract.

The Brunos purchased a home and acquired a homeowner's insurance policy from Erie Insurance, which provided a rider covering physical loss to the property caused by mold. This rider obligated Erie to pay the Brunos up to $5,000 for “[d]irect physical loss” to the property caused by mold, or any “[n]ecessary increase in costs” they incurred to maintain their “normal standard of living” should their residence be rendered uninhabitable as the result of mold. The rider also required Erie to pay the cost of testing the air and any part of the covered property in order “to confirm the absence, presence or level of” mold “to the extent there is a reason to believe” mold was present, and, if mold was present, it obligated Erie to pay for the cost of its removal, including the cost of tearing out any part of the property needed to gain access to the mold.

A Valuable Lesson

A Valuable Lesson

“If you are early, you’re on time. If you are on time, you’re late. And, if you’re late, don’t bother coming.” This is what my son told me that his Wheeling Central baseball coach told his team the other day about their being on time for their hitting/pitching clinics.

These clinics are held about three minutes from my house and my son wanted to be there about 30 minutes early. I, of course, had just gotten home from work and wanted to just relax for a little bit before going back out in the cold. After he spoke those words to me, I immediately put on my coat and took him down the road.

recent verdicts & news

Winning Experience: Read about our Appellate Decisions, as well as our Verdicts and Settlements.

Recent cases: Kilgore v. Bedi, (Ohio County, West Virginia, 2013) - Medical Malpractice, Personal Injuries - nearly $900,000 Verdict

-- Turkoly v. Gentile et al., Verdict, $5,100,000.00(Medical Malpractice, Mahoning County, Ohio, 2013) -- Cox v. Personal Service Insurance Company, (Belmont County, Ohio, 2012) - Bad Faith Insurance Practices - $10,000,000.00 Verdict;