Blog

Fall is my most favorite time of the year.  I love the smell of the crisp autumn air with all of the leaves changing to beautiful shades of yellow, orange and red.  I also enjoy all of the wonderful flavors of the season such as pumpkin spice and apple.  Fall means breaking out the warmer clothes such as sweaters and long pants and packing away the flip-flops and the shorts.  Some look at the season as the closure of the summer where all the fun warm activities must come to an end as preparation for the dreaded cold gloomy winter, which, I have to admit, was my view of the season when I was younger.  As I have gotten older, I have grown to appreciate the cooler days as opposed to the hot, hot summer sun when it is almost unbearable to be outdoors, and then there is having to run the air conditioner non-stop just to stay comfortable.  I can certainly appreciate putting on a jacket to be warm and cozy to enjoy a stroll through the park versus having to hit the local pool just to get cooled down. Besides the obvious seasonal changes, there are many other things to enjoy during the fall season.  The first thing that comes to my mind is baking.  Filling your home with the wonderful smells of delicious desserts such as apple and pumpkin pies and breads just to name a few.  Add some joy to your baking and have your children help.  It will be a fun experience for them and it gives you some special time with your little ones.  Decorating for fall with pumpkins and mums to freshen up the front porch and to add a more welcoming feel to your home for guests is another way to enjoy the season.  Doing a fall craft with the kids is also a great option.  I remember going outside and picking leaves of beautiful bright vibrant colors, placing them between two sheets of waxed paper and ironing them to seal the leaves.  Or perhaps you could make a fall wreath for the front door. So you see, fall does not have to mean the “calm before the storm”. There are plenty of ways to enjoy and embrace the cooler weather and make it fun for the entire family. EndFragment

So, what’s the status on the birds? I know for a few months now, there has been a lot of talk about how the avian flu has affected turkeys, which ultimately places us in a position of facing shortages and high prices. I understand that we continue to experience the effects of the flu outbreak because there were limited eggs and the efforts to get these back to acceptable means for human consumption can be very time consuming.  Let’s hope the situation is not amplified by the flu returning once the cold weather sets in.  Nonetheless, all of it is just in time for Thanksgiving. I was recently at the Cheesecake Factory and they weren’t offering turkey burgers at this time because of this epidemic.  So, with Thanksgiving around the corner, I wonder if this poses a concern, especially for those who may have a difficult time purchasing a turkey for dinner anyway.  Now there may be an additional cost that very well may be incurred.  Turkey may be the side dish for some families. Although I am not clear on how or why the tradition to eat turkey on Thanksgiving ever came about, although nice, it really doesn’t matter.  The idea of gathering in large sums as a family to eat turkey and give thanks is a wonderful thing, but as far as I am concerned, pizza would work just fine, too. You see, some people may gather around the dinner table and be thankful for the turkey on their plates, while others are just thankful for those sitting at their table.  With or without the turkey, it’s what you make of the day, so have whatever meal you can enjoy as a family and enjoy your family! EndFragment

Once Oct. 31 is over and Nov. 1 hits, it’s all about Christmas. Well just in case some have forgotten, Thanksgiving comes before Christmas.  This is a time for families to get together.  It’s one of the most memorable holidays a family can have.  Why? Because you give of yourself and nothing more. (Except food. You will need to bring food!) The holiday creates memories of our families getting together and seeing those we haven’t seen in a while.  It’s sitting at the kids’ table with all your cousins, it’s grandma’s cooking, and all the women in the kitchen helping to whip up a great meal. Don’t forget the men watching football and the kids running around playing - these are what you will remember and cherish most. We’ve all lost touch with one another in our day-to-day lives. This is the one day out of the year you can sit and talk, eat, drink, get caught up and be happy that you and your family are together. I’m very blessed this year. My sister, my nephew and his wife, children and his in-laws are all coming up from Florida to spend Thanksgiving. I am sure that the kids want to see some snow.  I’m also very blessed to be spending the holiday with my parents who are in there 80s. It’s going to be one of the best Thanksgivings ever. So call your families and make it a tradition, that this one day out of the year, Thanksgiving, you will try to be together no matter where you live. Also remember family doesn’t always have to be a blood relative.  Good friends over the years are now our family, too. Rock the turkey, people. Rock that turkey (or whatever your food choice will be).

After the long winter last year, I am almost afraid to ask what lies ahead with regard to weather. Last March, we took a jaunt to Florida to break up the winter blahs and to confirm that Mr. Sunshine was still working correctly.  When returning home as the plane was landing, lo and behold, the first clear vision in the night as we approached the runway, was a ton of snow on the ground!  What a terrible feeling that was. We hadn’t even taken our coats.  I mean after all, we were confident that when we returned, somehow Mr. Sunshine would hop the plane with us.  No such luck.  We had to pull our luggage through the 8-degree, heavy-winded weather and old crunched up piles of snow.   That was a pretty icy welcoming on top of our fresh, well-earned suntans. Several times a week, I walk with my neighbor and she has referred to the Farmer’s Almanac on numerous occasions.  She mentioned it was supposed to start snowing in October and not quit until April. I did not like hearing that. Fortunately, we are in the middle of an Indian Summer with highs in the 70s. I understand that the Old Farmer’s Almanac is predicting extremely cold temperatures again with a lot of snow.  Although, the way I read it, it really doesn’t get serious for our area until at least December, rather than now, which is worthy of a sigh of relief. How does the Almanac know? The Almanac uses solar cycles and other scientific studies gathered over a 30-year period in compiling its data in order to make its prediction and it is generally found to have an accurate reputation. The Farmer’s Almanac caught my attention when I saw that the targeted timeframe for winter storms are the second week of January and the second week of February for possible heavy winter weather with a long, drawn out spell of stormy weather extending through much of the first half of March. What? Does that mean it continues for weeks?  Oh, I am not liking this.  It’s deja vu! By the time February rolls around, I am ready for change, so that seems like the logical time to plan a trip to someplace warm.  Otherwise, you may not see too much of me until you hear the birds chirping for the arrival of spring. That’s right.  I am already planning in advance and bracing for the bite of Jack Frost.  Although I will make the best of it, I can already feel my bones tensing up with just the thought of it. Hope you all stay warm!

It seems like there’s not a month that goes by that the American Civil Justice System is not under attack. If you think about it, it makes perfect sense because the American lawyer who practices in the American Civil Justice System is oftentimes the only voice that the people have to make sure that products are safe, that laws are enforced, that one’s property is protected and people are compensated when bankers, hospitals, doctors, trucking companies, nursing homes and others cause irreparable harm or death through their negligent acts. Truly when analyzing the American Justice System and looking at only one small segment, take the auto industry and automobile safety, you come to realize that the American trial lawyer has been responsible for seeing to it that seatbelts and airbags were placed in automobiles - that cars were designed to crush in such a way so as to avoid needlessly hurting the occupants in auto impacts, that gas tanks were placed appropriately so occupants would not be burned to death in automobile collisions.  Automobile roofs have been made stronger so as to reduce the number of people that are seriously injured and killed when a vehicle rolls over during the course of a crash - that windshields and windows are made of glass that no longer breaks into pieces that can seriously injure and harm an occupant and that beams have been inserted on the sides of cars that lesson the danger to occupants from side crashes. In addition to the safety features that most people know about, the public may not know that there have been problems with gas tanks. As a matter of fact, General Motors could have fixed its gas tanks for $8.40 per car; but calculated that paying for the 500 fatal accidents would cost them only $2.40 per car. What do you think it chose to do?  Unfortunately, several car manufacturers including General Motors and Ford, designed defective gas tank placement that resulted in fires and explosions from even minor collisions. As a result, gas tanks are now universally located within rigid frames thanks to the American lawyer and American Civil Justice System. Continuing on with issues concerning automobiles, the Ford engineers some time ago identified a problem with its (paddle style) handles which allow doors to accidentally open in collisions.  Ford chose rather than to fix the design to cover up the problem until it was held accountable in our Civil Justice System.  Although, as above mentioned, we now have automobiles with airbags that work to protect occupants in frontal collisions, this was a longtime coming!  As a matter of fact, the manufacturers began developing airbag technology in the 1950s.  But for one reason or another, were extremely slow installing the airbags.  And unfortunately by 1988, some 38 years later, only two percent of the new cars manufactured in American came equipped with airbags.  Due to the Civil Justice System, Courts found that manufacturers knew their cars were safer with airbags and many lives could have been saved had they been included.  Favorable verdicts were entered and eventually, and fortunately for the consumer, manufacturers were forced to install airbags in all cars.  Perhaps one of the most important items on any car is the tires.  Unfortunately, tire manufacturers from Firestone to Goodyear tried to cover up problems with defective tires and because of that have been held accountable in our United States’ Courts.  The Firestone defective tires caused over 270 deaths and the resulting litigation forced upon Firestone brought tires and their manufacturers under increased scrutiny.  Tires are now much safer than even 10 years ago! Seats are also a safety issue in an automobile.  I, myself, brought a Honda seat collapse case to trial in Ohio County, W.Va., Strope v. Honda.  You see, General Motors was not the only automobile manufacturer that had a problem with the seats that were put into cars.  The Japanese manufacturers also had the same problem and Judy Strope unfortunately was the victim of a seatback collapsing and a seatbelt not working that lead to her death.  Fortunately, a jury in Ohio County, W.Va., found Honda responsible for the injuries and death and returned a multi-million dollar verdict that has played a role in forcing automobile manufacturers to beef up their weak seats!  Continuing on with automobile safety concerns, many of you may remember the ignition switch issues that led to serious injuries and death.  As early as 2001, General Motors knew their ignition switches used in its cars were defectively designed and could allow the ignition to slip from the run position to the accessory position while the car was in motion causing the engine to lose power and leave the driver unable to accurately steer or brake. General Motors, as a result of civil litigation, was forced to recall more than 2.6 million cars in an effort to try to fix this problem. Of course, as alluded to earlier, one of the most famous and most outrageous situations involved the Ford Pinto. The Ford Pinto became one of the most notorious examples of a corporation putting profits ahead of safety after court cases highlighted a design flaw that left the gas tank unprotected resulting in explosions even in minor rear end accidents.  Litigation by the American trial lawyer revealed that Ford knew of the design problem and determined it could be fixed for as little as $11.00 per car but calculated it would be more profitable to sell the car as is allowing occupants to burn to death. Incredibly, the Pinto’s design and the seat in the Strope case met all government standards at that time and had the compliance with Federal Standards been a complete defense as those in the auto industry advocated, Ford could not have been held responsible for the many victims that the companies anticipated.  It was the American lawyer, through the American Justice System, that spurred the adoption requirements for fuel tank performances in rear end collisions and stronger seat backs that has saved countless deaths and injuries. As you can see, we need a strong Civil Justice System, and my law firm, by fighting for justice for people injured because of bad tires, poorly designed fuel tank caps that led to five deaths, poorly designed roofs that caused occupants to die, seat belts and defective seats and a host of other product issues, has helped bring about the much needed safety measures to better automobile safety!

Here’s a pumpkin, there’s a pumpkin and everywhere I turn is pumpkin. Do I like it?  Of course.  Who doesn’t?  But I think it put me over the edge when I saw pumpkin-flavored shredded wheat.  What doesn’t come in pumpkin now? Let’s talk a little bit about these pumpkins.  The meaning of the word pumpkin actually means large melon and yes, in all actuality, it is a fruit even though many refer to it as a vegetable. Did you know that their color can be more than just orange?  Pumpkins can be yellow, white, green and even red, and we all know from the Barnesville Pumpkin Festival how they can vary in size! Pumpkin candles, pumpkin decorations and endless pumpkin foods! The plain ole pumpkin pie, pumpkin bread, pumpkin seeds and “It’s the Great Pumpkin, Charlie Brown” are enough  for me, but somehow we have become obsessed with pumpkin everything. Pumpkins have many health benefits from improving eyesight and aiding in weight loss to boosting your immune system. I admit, generally, they are quite delicious. The thing is, we have expanded so much with pumpkin flavoring that I ask myself—has it been overdone?  Too much of a good thing?  Does it lessen our appreciation for what used to be?  But now, we have lattes and such, and is it really necessary to have pumpkin flavored gum? It used to be that from September until after Thanksgiving, we were surrounded by pumpkins, but is becoming more and more a year round celebratory flavor and scent. My appreciation will continue to be seasonal and for those year round pumpkin lovers, congratulations, I think it’s here to stay!  So, enjoy your pumpkin this or that no matter the time of year.

I’ve mentioned before that Oglebayfest is a regular part of my fall routine. Every October I make my way to Oglebay Park to enjoy as much fun, food and family as I can cram into a three day weekend. But recently I’ve discovered a new fall favorite. Let me introduce you to SpringHouse Farm, located a few miles outside of Washington, Penn.  It’s a family-owned, family-run dairy farm.  There’s a restaurant and a store where you can buy all of your favorite country fixin’s.  There are also events throughout the year that are fun and engaging for children.  But October is extra special, jam-packed with the kinds of things that make great childhood memories. Every weekend in October the farm hosts this family-friendly event.  There are giant slides for the kids.  Of course, this is also a great excuse for parents, grandparents and any other grownups to take part without having to feel embarrassed.  There’s also a pyramid made out of hay bales with a maze of tunnels for the kids to explore.  On the tamer side, there’s a petting zoo with plenty of goats, sheep and calves.  This year there was also a potbelly pig.  My granddaughters were all smiles. If you’re a little more adventurous, you can take a hayride up to the pumpkin patch.  There’s a maze in a nearby cornfield and games for the kids to play.  My little granddaughter, Maddie, had a wonderful time in the sand box.  Instead of sand, the box was filled to the brim with kernels of corn--much to Maddie’s delight. The day of our trip was cold and a little windy, but believe me, the girls didn’t seem to mind.  I predict they’ll remember our outing for a long, long time, and they’ll both be begging to go back next year!

Recently, I was cleaning out my basement and discovered that I have five old TVs that either no longer work or won’t work without a receiver. Since I don’t have a cable provider that utilizes receivers, three of the TVs are unusable except for watching DVDs. I decided to search the internet and see where I could take the TVs to be disposed of safely, since according to the EPA, electronic waste contains hazardous materials like lead, mercury and hexavalent chromium, in circuit boards, batteries and color cathode ray tubes (CRTs). In other words, you can’t take them to the landfill because they won’t accept them.  Finding a place where I could dispose of my old TVs safely turned out to be quite a chore. Since I had such a hard time, I thought I would share my findings to help someone else that has TVs that need to be disposed of. In my search, I discovered that many of the online sites were defunct businesses, businesses that no longer dealt in the disposal of toxic material, or businesses that were too far away to be of help to me. I did find out that WE Electronics Recycling in Bellaire, Ohio takes them for a $15 fee. However, Best Buy takes them for free up to 31 inches. They will take larger than 31 inches for a $20 fee. If you buy a new TV, they will take the old one away for free. Here is a list of what they recycle. The only downside is that Best Buy only takes three items per day, so I will need to make two trips on two different days. I have one that I have to pay for, but I consider it a small price to pay to have a clean, clutter free basement. I hope this helps!

We have all heard the term proud parents, but on the flipside, this is about me being proud of my parents. Other than the obvious reasons why a daughter would be proud of her mom and dad, this is an extra special reason. Why?  They have successfully achieved what most never can nor ever do.  They are celebrating 50 years of marriage. Congratulations William and Suzanne Campbell on your 50th wedding anniversary, an accomplishment many will ever know. High school sweethearts with two years difference in age, my father joined the United States Air Force when he graduated and my mother had two more years to complete high school.  I’m sure she probably thought that was the last she would see of him. On my mother’s high school graduation day, my father proposed.  At the youthful ages of just 18 and 20, they were married—just months later on October 23, 1965. Off they went and were stationed for some time in Maine.  They lived in just a tiny trailer while my father was in the Air Force.  My mother gave birth to my older brother in 1967 and I followed in 1969. In 1973, my parents purchased their home on Table Rock Lane, which they still own and live in to this day.  Over the years, my father has built additions and made home improvements to include placing each of the bricks with his own two hands.  Mom has always prided herself on her decorative ideas, yet was never afraid to pitch in and do the tougher work with my dad.  Now, that’s a home – more than 40 years in the same place! In 1979, they surprised us two kids with a little brother (at the time, we’d rather had new bikes) and that was the completion of our family. Over the years, they’ve experienced good times and bad, sickness and health, births, deaths, raising kids, job changes, difficult decisions and all those little life challenges that come your way. Heck, mom even went to college some years into the marriage.  But they survived, and they survived with love. Today, they are happy, healthy and enjoying every minute with each other, ready and willing to climb any mountain that may come their way.  I don’t think either would ever know what to do without the other. They have raised three children.  Bill, the lawyer.  me, a paralegal and my baby brother, Luke, the project manager.  Also, they are the grandparents of nine ranging from ages 27 down to three, great-grandparents of two and spend much of their time enjoying each and every one of their grandchildren. Many people accomplish personal goals, career goals, financial goals and social goals, but there are few that I know who ever accomplish this.  Fifty years of marriage - to live long enough to see it and then to go all those years and still enjoy it. We are so very fortunate to have the solid family foundation my parents have given us.  They have created a legacy and taught our family the value of commitment. Congratulations, Mom and Dad.  All my love and many more years to come!  You’re Golden— HAPPY 50 th WEDDING ANNIVERSARY!

Carving pumpkins is a fun way to celebrate Halloween, but do we know exactly why we carve these gourd-like orange fruits? Jack-o’-Lanterns were originally an Irish tradition that was brought over to America and has been practiced for centuries. The carving of the pumpkin comes from an Irish myth about a man known as Stingy Jack. Stingy Jack played unfriendly jokes on everyone and anyone. One night, Stingy Jack invited the devil to have a drink with him, but he did not want to pay for it. He convinced the devil to turn himself into a coin, so they could purchase the drinks. After the devil turned into a coin, Stingy Jack put the coin into his pocket next to a silver cross, so the devil could not change back into his normal self. Once Jack finally freed the devil, Jack made him promise that he would not bother him nor claim his soul when he dies. Stingy Jack did not stop his evil games with the devil. The next year, he tricked the devil into climbing a tree to pick a piece of fruit and when he did Jack carved a cross into the tree, so the devil would be trapped once again at his mercy. Jack told him the only way he would free him and allow him out of the tree is if the devil would leave him alone for ten years and PROMISE not to claim his soul. After that, Jack passed away, and even though the devil was not happy Jack tricked him more than once, he kept his promise and refused to claim his soul. As the legend is told, Jack was refused at the gates of heaven because he was mean and cruel during his time on earth. This left Jack with nowhere to go. Jack was lost in the afterworld and is told to be roaming the earth with a burning coal inside a carved out turnip to light his way. The people of Ireland and Scotland started to call his ghostly figure Jack-o’-Lantern. In order to keep Stingy Jack away from your house on Halloween the people would carve scary faces and object in potatoes or turnips. Once the tradition was brought over to America, the pumpkin started to be used to scare off Jack. Halloween is right around the corner, so get out your carving tools and keep old Stingy Jack away from your house this year.

I recently had the great honor of speaking to Wheeling’s AARP Chapter 824. I certainly hope the members of that great organization learned something from me, but I am sure that I got far, far more out of it than they did.  I particularly admired the obvious care that each member of the group had for one another.  Many older Americans face the familiar challenges of dealing with issues related to health care and finance and it seems to me that being able to rely on trusted friends for advice and comfort is one of the great tools for dealing with such challenges.  For a couple of hours over a nice lunch, this group of friends had a chance to sit down together, get caught up, and discuss their challenges and joys in a trusting and productive manner. Together, we were able to talk about some of the ways that our legal system and technology can assist and protect senior citizens.  We covered a variety of topics, including ways to protect against consumer fraud, the tools that are available to help select an nursing home, and the issues that commonly arise related to estate planning.  We discussed the simple fact that the best way to confront many of the challenges that face senior citizens is to be prepared in advance in case tragedy or a difficult situation does arise. Thanks again to AARP Chapter 824 for inviting me to spend the afternoon with them.  It is a great organization made up of caring and thoughtful people dedicated to helping each other out.

Fundamental fairness and common sense would seemingly dictate that your auto insurance premiums should not go up when you are involved in an accident that is not your fault. Unfortunately, common sense and fundamental fairness are not precepts upon which the multi- billion-dollar auto insurance industry is built. I tried, futilely, during my tenure as an officer of the West Virginia Association for Justice and president of that organization in 2012-2013, to convince the West Virginia legislature that a law needed to be passed to prevent insurance companies from punishing policyholders for presenting claims arising out of accidents caused by someone other than the policyholder. There are many different types of coverage, that most West Virginians carry, that provide protection for policyholders and their families when involved in an accident that is caused by another person.  For example, uninsured motorist coverage protects policyholders when they are involved in an accident caused by a driver that did not carry insurance.  For example, if you are driving to work and you are stopped at a red light and rear-ended by an uninsured vehicle, you would be able to turn to your uninsured motorist property damage coverage to pay to have your car fixed.  You would also be able to turn to your uninsured motorist bodily injury coverage to compensate you for any injuries you suffered in the accident including medical bills, lost wages, pain and suffering, etc. These coverages that you buy to protect yourself and your family are not inexpensive.  If you are willing to pay the money to purchase the coverage to protect yourself and your family, why should you be punished when you need to take advantage of the coverage due to an accident that is caused through no fault of your own?  The simple answer is you should not.  The truth is the insurance companies, at least in West Virginia, can increase your rates for any claim that you present regardless of whether you were at fault or completely free of fault.  This is simply unfair and needs to be addressed by the West Virginia legislature.  At my last count, at least 19 other states and the District of Columbia had laws on the books that prevent insurance companies from treating policyholders so unfairly.  It is time that West Virginia steps up to the plate and protects its citizens from this predatory practice. If I purchase coverage, I should be able to use it without fear of reprisal.  Unfortunately, all efforts made to pass this legislation were met with the full brunt of the insurance industry lobby who tried to convince lawmakers that if I am rear-ended on National Road on my way to work I am 80 percent more likely to be in an accident the following week according to their “secret data.”