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Well, they are here. They are creepy looking.  They are annoying.  They are on everybody’s mind.  Kind of hard not to be.  I mean, even if you lived in a cave, every once in a while you would have to come out.  If the sight of them doesn’t get your attention, the sound surely will.  It’s a constant loud buzzing noise.  The only thing that seems to stop the buzzing for a while is a good hard rain. With a lifespan of 17 years, that means that I have lived through four cycles of cicada in my lifetime.  The first was around 1965 when I was a teen.  This is a disgusting memory, but I remember examining parts of their little bodies on my brother’s microscope that summer.  Then in 1982, they returned when my two daughters were very young.  I remember a lot of screaming little girls all summer long.  I can’t even remember them in 1999, so obviously they did not make a big impression.  And now this year--2016.  What’s nice about this time around is we have access to the Internet and are able to look up stuff about them.   It’s been quite interesting.  It is nice to learn that they are harmless, they don’t bite or sting.  They just come out of the ground when they reach adulthood, hang around for a few weeks, make their noise, do their thing, reproduce and die.  They get their nourishment from the trees and they actually urinate.  (I’ll let you think about that one for a moment.)  Oh…and listen, some people actually cook and eat them!  Oh, gag me with a cicada! I always wondered why their little bodies seem to be attracted us.  They love to dive bomb right into you, your face and your hair--which makes walking outside or riding around with your windows down in your car very unpleasant.  My daughter, Shannon, told me that she read that they do that because they think we are trees.  You would think with five eyes, a couple of which are quite large compared to their body size, they would be able to tell the difference between a warm moving object and a cold stationary one.  Perhaps since they have very short life spans making humans flail their arms around like a propeller and do a Mexican hat dance is right at the top of their bucket list of fun things to do before they die! I was surprised to discover that there are some places in the world that have never heard of them and even some areas of the United States that never get cicadas.  The heaviest concentrations of them occur in Kentucky, Indiana and southwest Ohio, southwestern and southeastern Pennsylvania, the western tip of Maryland, northwestern Virginia and most of West Virginia.  Lucky us, huh!  I can attest to this fact because I was in the northeastern part of Ohio and central Ohio this past weekend and I didn’t see or hear one.  When I drove back into Wheeling on Monday my car was bombarded left and right with the little creatures!  The buzzing sound was so loud.  Wheeling is saturated with them. So happy cicada summer everyone and don’t let them bug you too much!!!!

Throughout my career with Bordas & Bordas, I have had the opportunity to represent clients for claims stemming from false statements that greatly damaged their careers, companies and reputations. Additionally, I have spoken with many potential clients who were upset about lies being spread about them and were curious what legal recourse they may have.  Many people have heard the words libel, slander and defamation thrown around, but never actually understood the meaning of these words.  Since we are a firm that practices extensively throughout the tri-state area, I will provide general definitions of each of these claims, but please be aware that each state has its own specific law regarding each of these topics and this blog is not intended to provide a detailed analysis of each claim. Generally, defamation occurs when a false statement is made that is defamatory, meaning offensive, insulting or derogatory.  The false statement must be published to another person and the publishing of the statement must cause damages to the person who is bringing the claim.  Moreover, the damaged person’s status as a private individual, public official, public figure or if the matter was of public concern can change the state of mind the defendant is required to have acted with and the elements of the claim. Libel and slander are two different types of defamation.  Generally, slander occurs when the defamation is based on a false spoken statement that is damaging to a person’s reputation.  In contrast, libel occurs when the false and damaging statement is published through writing.  As with any claim brought, there are exceptions, privileges and defenses that can be alleged.  However, if someone has published a false statement that has caused actual damage to your reputation or career, you may have a claim.

One of the newly identified causes of mesothelioma is cosmetic talcum powder. One of the powders being identified most frequently is the “desert flower dusting powder,” which is a product manufactured by the Shulton Company.   A number of women throughout this country used this product when they were very young and have recently been diagnosed with mesothelioma. There have been successful suits brought against Proctor & Gamble, and Whittaker Clark & Daniels, which supplied talc to the Shulton Company during the 60s and 70s.  A couple of these cases have gone to trial, with some people recovering damages in the millions of dollars. I would urge those of you that suffer from mesothelioma and have used talcum powder to contact us to see if perhaps you may have a claim against those responsible for your disease.

Recently, I found out that June 8 is National Best Friends Day, the same day as my Great Aunt Nancy’s birthday. This year she would have turned 90. She passed away Wednesday, May 25, 2016. This woman truly was my best friend. So, on her birthday this year, I will honor her memory by reminiscing on the countless great times spent together and say some extra prayers for her. Although the age gap between us was 70 years, the bond that we shared was unbreakable. She had been a part of my life since the very beginning, acting more like a second mother than anything else. One of my first words was ‘Nana,’ since I couldn’t say Nancy at the time. Calling Nancy ‘Nana’ soon stuck with the rest of the family. Many family members called her that until her last day. As a small child, I could count on her for anything at all. She had the sweetest heart of anyone I’ve ever known. So much of my childhood was spent wrapping up my Barbie dolls and Kelly dolls with toilet paper, pretending we were the doctor and nurse taking care of them, dressing my dolls in different outfits and then creating a runway to pretend they were models, her letting me call in any type of candy or pop I wanted to order at her store, Neely’s Grocery, her buying me a Beanie Baby every time we went to Cracker Barrel to eat, sitting next to her in my family’s van every year on our 18 hour car ride to Sarasota, Fla. where she owned a house for my entire family to spend vacation, and her making me her famous macaroni and cheese, and our long phone calls (which occurred quite often even just a week before her death). All of this made my childhood beyond special. I wish I could now thank her for that. Her quick wit and one in a million type of personality had a genuine impact on who I am today. I wouldn’t be who I am without her. As I started maturing and growing up, our relationship did as well. I began to more clearly see how generous of a person she was. This woman gave so much of what she had to others. Any time she saw anyone in need, friends, family, strangers, she gave. In addition to that, she was always quick to give family members money to go have a nice dinner on her. Personally, she gave me more than I could ever repay. She got all her joy in life by giving to others. I feel that this was largely due to her incredibly strong faith in God and the Blessed Mother. She was the most prayerful person I knew. It continuously inspired me; it even does to this day. The multiple pieces of advice she gave me also brought me closer to her. She pushed me to be the best I could be and understood who I am as an individual more than anyone else. I will miss that more than anything. Time went on and on, and her health continued failing. Before all was said and done, in a 20 year span, she suffered from stage 4 breast cancer, had a mastectomy, had her cancer return 10 years later, had another mastectomy, had an emergency pacemaker surgery after finding out her heart rate was dangerously low, cancer returned and spread through her bones, and finally, could not breath and had an ambulance take her to the ER where she was told she had 10 minutes -10 days to live (this was two and a half years ago). She stayed positive and concerned about others throughout all of this. It was amazing. I’m so glad that I had the opportunity to take care of her in her times of need, since she took care of me all throughout my childhood. The amount of pain her death has caused is immeasurable. I truly lost my best friend. The only light at the end of this tunnel is knowing she has reunited with her loved ones in heaven, and she’s no longer is suffering. I know that not a day will go by that she won’t cross my mind. On this year’s National Best Friends Day, hug your loved one. And I will send my hugs to heaven since that’s where my best friend is. Rest in Peace, Nancy Lee. Love today and always, your Laken Lee

In February 2015, while on a cruise to the Caribbean Islands, we made a stop in St. Maarten and decided we would all go to Maho Beach. The beaches of St. Maarten are some of the prettiest ones I have ever seen.  Maho Beach is located on the Dutch side of the island and also earns the distinction of being the place to do plane watching.  You see, Princess Juliana International Airport is located directly across the road from Maho Beach.  Tourists from all over the world flock to this beach to watch the planes coming and going from the island, and we were no exception.  This activity is so popular that the departure and arrival times of airplanes are posted on boards at most of the restaurants and bars on the island. We had a beautiful day of clear blue skies above and turquoise water below for our plane watching.  As we arrived at the island the beach was pretty crowded, but we did manage to find some empty spots near the middle.  We watched several planes come in to land, some of them coming in at altitudes of less than 100 feet above ground level—we were thrilled.  They were so low you felt that you could reach out and touch them.  Later that afternoon, we noticed a huge Air Jamaica jet lining up to take off.  This was the first take-off we would witness, and it was at that time we noticed that we were sitting directly behind the tail of the plane.  As the pilot began revving up the engines the sand began blowing, and you could literally feel the heat off of the engines.  The more throttle the pilot used the faster and harder the sand was hitting people and the hotter it was getting.  Some of us ran into the ocean to try to escape, and some of us sat huddled on the beach wrapping ourselves in beach towels and covering our eyes.  It was pretty painful, yet fun and thrilling all at the same time! Once the plane lifted off and the sand storm ended, it was pretty much chaos on the beach.  Beach towels, hats, coolers, etc., were all floating in the water and people were scrambling to find their stuff.  We then realized why there were those empty spots in the middle of the beach when we first arrived—because they were directly in line with take-off!  I was cleaning sand out of my ears for days, but I wouldn’t trade that experience for anything.  It was crazy, fun, thrilling, exciting and maybe even a little bit dangerous, but I can’t wait to go back to Maho Beach.  Maybe next time, though, I’ll sit a little bit to the left or the right.

Since today, June 6, is National Drive-In Movie Day, I thought I would try to convince everyone why drive-ins should make a comeback. I have many happy childhood memories at the drive-in. My mom would make popcorn and get the old ice chest and fill it with Pepsi. All of us kids would collect our pillows and blankets to get ready for our big adventure, falling asleep in the car while a movie was playing in the background. I know it doesn’t sound like fun, but when you are a kid, everything out of the ordinary is fun, especially since money was tight. We didn’t get to go very often, but when we did, we really enjoyed ourselves. It used to be just a few dollars a car load. It didn’t matter how many people you could squeeze in the car; it was still the same amount. We spent many enjoyable times at the Glen Dale Drive-In. I particularly remember one drive-in experience that makes me laugh to this day. Billy Jack was playing. I don’t remember the year, but I was pretty young at the time. Anyway, if anyone has seen Billy Jack, you will remember there was a pretty graphic scene fairly early in the movie. I thought my mom was going to go ballistic! She ranted and raved that it was supposed to be rated PG, but that was definitely not PG. The reason I remember this so vividly is because my mother is very mild-mannered and she never yells, never. Well, that evening, she was yelling. She was telling us to lie down right now and not look at the screen and told my dad that we were going home immediately, which we did. I saw Billy Jack years later and that was the only part of the movie that was off-color and wasn’t even that bad, although my mom certainly thought so. Of course, the drive-in changed when I became a teen. I think it was $2.50 per person then. That didn’t matter to us though. We would pool our money, stop before we got to the drive-in, and stuff two or three people in the trunk, pay, park and let them out and watch the movies. The owners had to have known. There were way more kids than there should have been. They didn’t seem to mind too much. They would walk around and keep everyone in line and quiet. I never got to stay for the second feature because I had an 11p.m. curfew, but while I was there, it was a good time. When my kids were young, I took them to the Glen Dale Drive-In, too. They loved it and would never fall asleep like I did. They insisted on watching both movies on a blanket in front of the car. They even enjoyed the intermission with the dancing hot dog and hamburger! We didn’t get home until 1:30 or so in the morning, but they never cared. I was always ready to leave at the end of the first movie. I think I’ve seen the Lion King at least 20 times, and that’s not counting when it was shown on TV. But even so, drive-ins really need to make a comeback because it is a fun way to have inexpensive family time. Even with matinee prices, taking two kids to the movies is expensive. Add snacks and the cost of skyrockets. I say bring back drive-ins, bring your own snacks, make memories and watch movies. Sounds like a plan to me.

We will be heading to the Outer Banks this year and renting a very big beach house on the 4X4 beach where the wild horses run free. I love to sit on the beach and watch the horses. They have signs up all over the place that read,  “Stay 50 feet away from horses.” and “Do not touch or feed horses.”  Last year, some of them got a little too close to me as they came and stood next to me.  It was an amazing sight.  Anyone who knows me will understand that I do talk to all animals, so I tried to explain to the horses about the signs and the stated rules. Needless to say, they all just looked at me like, “Lady what’s up with you?” When the horses were near, I couldn’t move. Everyone had headed back to the beach house. It was just me the wild horses on the beach.  I was wondering how I was going to get up and walk away.  I heard people talking so I turned around to see if maybe someone could give me a hand, but it was my family and friends laughing from afar at the situation I was in. No help from the peanut gallery!!!  So once again, I tried to explain to the horses that the beach had rules to keep them safe.  I heard laughing from where my family and friends were standing, and I heard one of them say, “Oh my gosh she’s talking to them like they are going to understand her. She’s crazy!” I am crazy when it comes to animals. I also had the privilege of one of the horses bringing her baby over to visit me. They all stood around me as I sat in my chair. It seemed like it lasted forever and a day. Shortly after their visit began, the pack leader whinnied and they all walked up the beach with me waving and saying, “See you all tomorrow.”  When I got up to my family and asked who took the pictures or video, with dumbfounded looks on their faces they said, “NOBODY.”  Really?  This once in a lifetime event and no one could get a photo of me with the wild horses.  Maybe this year I’ll get to see the other newborn baby named Liberty. This time, I hope someone will have a phone or camera to get my picture with the wild horses on Swan Beach at the OBX. Rock on, people. Rock on.

Okay. I have tried to refrain from ranting, but this has become such a “pet peeve” of mine that I think it will do me good to get it out, especially since more of us are out on the roads right now enjoying the weather and our vacation time. It is all about the “YIELD” sign. You find these signs usually on on-ramps of an interstate where the entering traffic must yield to the oncoming traffic. Here, I am speaking more specifically about the yield sign located at the on-ramp from Wheeling Island onto I-70E onto the Ft. Henry Bridge.  I can’t tell you how many times I have come through there in the right lane, unable to get over into the left lane because of traffic and have had to slam on my brakes to avoid hitting a vehicle or a stream of vehicles, yes a “stream” of vehicles, entering I-70E from the Island on-ramp.  They just literally blindly follow each other right up the ramp onto the interstate without hesitation and for sure do not “yield.” I don’t even think anyone gives a quick look over their left shoulder to check for oncoming traffic on I-70, traffic that is flowing 55-65 miles an hour.  They just zip up out of there as if they have a lane of their own and continue on their merry way oblivious to us, the ongoing interstate traffic, while we have to slam on our brakes and/or veer to the left to get out of their way risking crashing into someone else. Giving people the benefit of the doubt, I thought perhaps I didn’t really know what the meaning of “yield” was.  So I looked it up on driversed.com and found the meaning:  “Yield means let other road users go first. A yield sign assigns the right-of-way to traffic in certain intersections. If you see a yield sign ahead, be prepared to let other drivers crossing your road take the right-of-way…”  Further, checking on Driver’s Ed Guru, it says that, “Many drivers are unaware that drivers currently on the highway have the right-of-way over cars entering it. It is not the job of cars already on the highway to make room for cars entering.”  Undoubtedly, this is the reason I get dirty looks from the onramp drivers who have stopped because I didn’t move over into the left lane to let them in. So… y ield does not mean to merge into the oncoming traffic in the same speed before you saw the yield sign, or to go right in front of the oncoming traffic causing someone to slam on their brakes to prevent a wreck.  It actually means that when you see a “ YIELD” sign that you should prepare to slow down and, if necessary, STOP to allow the ongoing traffic to go through before proceeding on.  Sounds like a reasonable law to me! Sigh.  Okay, rant is over.  Let’s all try to be more safe out there, folks.  Let’s learn and obey our traffic signs and in turn have a safer, more enjoyable summer and life.

To those of you who have relatives and friends that have worked as electricians and have been diagnosed with mesothelioma, they and you may be entitled to substantial recoveries. There recently was a case filed in St. Louis on behalf of a union electrician who worked for a number of different employers in the Wisconsin/Illinois, areas.  He worked for much of his career around asbestos insulated fixtures and wire manufactured by a number of companies, including the Okonite Company. The electrician frequently stripped insulation from the wire, which caused the release of asbestos fibers.  At 72, he was diagnosed with mesothelioma and underwent treatment for that, including chemotherapy.  He ultimately died from mesothelioma. As a result, the jury awarded over $4 million for the individual’s pain and suffering, and almost $2 million to the spouse for post-death loss of consortium.  There were also some additional small amounts awarded. The purpose of this blog is to inform you that even though electricians are not most often thought of as being exposed to asbestos, they are actually in contact with items that contain asbestos on a regular basis, and they and their families may be entitled to recovery if they suffer from mesothelioma. If this applies to any of you, you may contact Zak Zatezalo or me, Jim Bordas, at the Bordas & Bordas law firm.

As summer 2016 approaches and the weather improves, many find themselves wanting to go out more and have some fun! The only problem is not knowing exactly where to go or what to do. I personally love going to Pittsburgh. The distance from home (Wheeling) is not bad, and it really is like being in a whole new world. I’ve always loved the big city setting. Although a trip to Pittsburgh never sounds like a bad idea, it definitely can be a bit overwhelming. It’s obvious that there are many options for fun in the city that vary from food, entertainment, parks, etc. In my experience, I’ve found that sometimes the way to have the most fun and the best story to tell is by is going up with no plans whatsoever! I found this to be true when my boyfriend and I decided to go out one night with no plans in mind. When we got to downtown, we both decided that Italian food was the move. Not knowing of any places, I asked my iPhone for advice, “Siri, please direct me to the nearest Italian restaurant.” And off we went. Siri directed us to one about five miles away. We had no idea what we were getting into; that's what made it so much fun! It was like we were on a quest for Italian food. It truly felt like an adventure. We ended up at Pino’s Contemporary Italian Restaurant, a family owned business in the Shadyside area of Pittsburgh. It ended up being the best Italian food we’ve ever had! Both of us ordered the same dish of arrabbiata that consisted of sausage, chicken, hot banana peppers, Chianti wine, tomato sauce and casarecce pasta. Absolutely delicious! The atmosphere was great too. It was a very small, but tasteful, cozy place. We had a really nice time. Being spontaneous is never a bad decision. A night like this one made me thankful to be living in 2016. Modern technology, Siri, drove this night, literally. I look forward to more nights like this one, and I’d encourage anyone with a smart phone to act in this way, at least once. The hidden secrets of any place, like Pittsburgh, are sometimes at our fingertips and within our smartphones.

Memorial Day is known for barbecues, lakes, beaches and retail sales, but I personally think some people forget why we celebrate this long weekend. Memorial Day is to remember all of the men and women who have died while protecting and serving our country. A day to remember the fallen soldiers was established in 1868 by General John A. Logan. According to legend, Logan selected the date of May 30, because it was a rare day that did not fall on an anniversary of a Civil War battle. Some others say that the day was selected because they wanted to ensure that flowers would be blossomed enough to spread across each grave of a fallen solider. It did not become a federal holiday until 1971, but at the time it was called Decoration Day. After going by the name Decoration Day for more than a century, today it is more commonly known as Memorial Day. The holiday is to be celebrated each year on the last Monday of May, regardless of the date. I, too, have been swept up in parties and the long weekend and forgot to stop and appreciate all the people who have served. This year, I want to do more on this day of remembrance. I have decided to have an American Flag placed in the front of my yard. This flag represents the freedom of our country and all the people who were willing to serve on its behalf. Just a reminder that on Memorial Day it is always traditional and thoughtful to keep the flag lowered at half-staff. Although Memorial Day is about honoring the dead, it can also be used as a time to thank those who are still with us and I will do that when the opportunity presents itself. I believe it is extremely important to participate in the National Moment of Remembrance. This moment of silence was established by Congress to restore the holiday back to its original meaning. Congress asked Americans wherever they are located to stop what they are doing at exactly 3 p.m. for one minute. This moment of silence is meant to act as a national sign of unity. Another tradition of the holiday is putting flags on the graves of the people who served our country and passed away. My family recently placed a flag on my grandfather’s grave to honor him for serving. I believe it is a great tradition to show respect to all the past soldiers for what they have done for us. My grandfather served in Korea from 1950-1955. In great words spoken by Martin Luther King, “In the End, we will remember not the words of our enemies, but the silence of our friends.”

For those of you out there with old automobiles, and more importantly old tires, you should know that the old tires may become a problem. In fact, many people buy older model automobiles with newer tires, but old spare tires that have never been used.  The problem with an old spare tire is that some of the older tires become defective.  The tread separates, causing automobiles to go out of control causing people to be horribly injured or killed.  Therefore, I suggest to all of the readers of this blog that they check the dates on their tires and find out what the recommended replacement age is for the tire.  In many cases, the recommended replacement age is six years.  However, that is not gospel, so you should check with the manufacturer of the tire that is on your vehicle to see what the life expectancy is to avoid problems with the tire that may lead to a wreck, potential injuries, and death. Those of you who have SUV’s should know that there have been cases where the quality control at the plants manufacturing the tires was deficient.  Certainly there was a problem with a number of tires that were produced in a Mayfield, Ky, plant that led to the recall of thousands of SUV tires.  Some of these tires not only have a problem with age, but also with the product itself inasmuch as some of the tires lack the full nylon cap ply, which is a device that reduces tread separations by restraining the movement of the belts at the shoulder edges. While our firm recognizes these problems and is willing to help people in the event of injuries or death, it would be best for those reading this to review the products that are on their vehicles, make a determination as to safety, and if unsafe, replace them before a serious accident occurs. So, the long and short of this is, be vigilant and careful so as to try to avoid future problems with your vehicle tires.