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As most people are aware, Pennsylvania law requires all drivers to carry a minimum of $15,000 in liability insurance. However, the sad reality is that there are many people on the road who operate their vehicles without the required insurance coverage. A pedestrian or passenger of a vehicle who are injured by an uninsured driver, and who do not own a vehicle and therefore do not have access to uninsured motorist coverage through their own insurance policy, may qualify for benefits under Pennsylvania’s Assigned Claims Plan. Under Pennsylvania’s Assigned Claims Plan, an eligible claimant (injured person) may recover medical benefits up to a maximum of $5,000. Eligible claimants may also recover for losses or damages suffered as a result of the injury up to $ 15,000 per person and $ 30,000 in the aggregate. However, the amount of medical benefits recovered or recoverable up to $5,000 are set off against that amount. Unfortunately, no income loss benefits or accidental death benefits are payable under the Plan. In order to qualify for benefits under the Assigned Claims Plan the claimant must satisfy the specific requirements set forth in 75 Pa.C.S.A. § 1752: 1.    You are a resident of Pennsylvania; 2.    You have been injured in a vehicle accident that occurred in Pennsylvania; 3.    You are not the owner of a vehicle required to be registered in Pennsylvania; 4.    You are not the operator/occupant of a vehicle owned by the Federal Government, any of its organizations, authorities, or departments; 5.    You are not the operator/occupant of a vehicle owned by a self-insurer or any individual or entity exempt from liability for benefits; 6.    You are not permitted to receive first party benefits under section 1711 (required benefits) or 1712 (availability of benefits) applicable to the injury(ies) resulting from the vehicle accident; 7.    You are not the operator/occupant of a recreational vehicle unintended for highway use, motorcycle, motor-driven cycle, motorized pedal cycle, or similar vehicle that is to be registered under this title.   One of our personal injury attorneys can help determine whether you qualify for coverage. In addition, one of our lawyers can also determine whether there exist grounds which would make you ineligible for benefits. A potential claimant is ineligible to recover benefits if any of the following contributed to your injuries: 1.    The injury occurred as a result of you intentionally injuring yourself or attempting to intentionally injure yourself or another; 2.    The injury occurred while engaged in a felony; 3.    The injury occurred while seeking to elude lawful apprehension or arrest by law enforcement; 4.    The injury occurred while knowingly converting a vehicle. In addition, in order to qualify for benefits, an eligible claimant must bring a claim within four years from the date of the accident. 75 Pa.C.S. § 1757(a). However, if the eligible claimant is a minor, an action must be commenced within four years of turning 18 years of age. 75 Pa.C.S. § 1757(b). If you or someone you love has been injured in an uninsured motorist, you should speak with a lawyer about making a claim.

If you are injured to an extent that it prevents you from being able to keep working, what are your economic damages? As part of any personal injury claim, you are entitled to recover lost wages. If you are employed by another entity, the calculation to figure out your lost wages are easy; you simply use the salary or hourly rate and calculate what was lost over the time you were unable to work in the past and/or into the future. However, how do you calculate the lost earnings for a self-employed individual when your earnings are not specifically comparable to an employed individual? What are your rights if you have not returned to work and will be unable to work for a period time into the future? It is not uncommon for the self-employed to have unique accounting records, so how do you calculate your wage losses if you are self-employed? The case Serhan v. Besteder, 500 A.2d 130 (Superior Crt.1985) holds that income tax records for a sole proprietor can be introduced as evidence to show lost past earnings, though for a sole proprietor courts in Pennsylvania treat them as lost profits of a business, and look to the decline in earnings of the business the plaintiff owned as a result of the injury. Serhanmay also allow the use of comparing the plaintiff’s sole proprietorship to doing identical work at a larger company, in order to show prior lost earnings. In the event that it does not, suggested jury instructions and King v. Pulaskioffer means of proving both prior lost wages as a measure of damages and also suggest how to prove and introduce evidence of impaired future income. In Serhan v. Besteder, the Superior Court held that using federal income tax records, and especially Schedule C, could be introduced by a sole proprietor or small business owner whose income was primarily produced by the “personal services and attention of the owner,” and that a sole proprietor plaintiff could therefor use “the net profits of the business” because they “afford a reliable measure of the owner’s earnings.” Id.at 133. The Superior Court noted that sole proprietors whose business essentially rely and profit from their work provide an acknowledged exception to the general rule against using business earnings to provide evidence of a plaintiff’s earnings power. Id.(citing Bell v. Yellow Cab Co., 160A.2d 437, 441 (1960)). The Superior Court noted that “Virtually the entire business was based on her labors,” Id.at 134. As a result, the Superior Court held that the tax records for her business were admissible and that the net profits of the business could be used to show prior lost earnings. Id. at 135. Additionally, the Superior Court allowed the use of Ms. Serhan’s tax returns for the years prior to the accident before she had her own business and worked as an interior decorator for a department store as evidence of earning capacity. Id. The Superior Court’s holding that evidence of future earnings capacity can be introduced through tax records or other documentation may allow you to make reference to the income of someone doing your job if you were employed by a larger corporation. A more recent case, King v. Pulaski, in reviewing methods of proving future lost earnings potential, pointed out that proving lost earnings potential does not need to be exact, noting an expert’s broad ability to testify as to the lost potential for the plaintiff’s earnings and that evidence of significant impairment or permanent injury was sufficient to show loss of earning power. 700 A.2d 1200, 1205 (1998). In Serhanthe Superior Court noted that “with respect to impairment of earning capacity, the law requires only proof that the injured person’s economic horizons have been shortened as a result of the tortfeasor’s negligence.” 500 A.2d at 134 (citing Holton v. Gibson, 166 A.2d 4 (1960), Lewis v. Pruitt, 487 A.2d 16 (1985), and Janson v. Hughes, 455 A.2d 670 (1982)). Finally, comments to the suggested standard civil jury instructions for Pennsylvania provide that for proving past loss of wages or income, “testimony by the plaintiff of his loss of wages has been held sufficient proof to permit a judge to instruct on past lost earnings” (interpreted as lost profits for a sole proprietor). PA-JICV 7.110, Pa. SSJI (Civ), § 7.110 (2013). The suggested jury instruction also indicates that for computing lost wages, income, or profits, a plaintiff’s “opportunities for employment are relevant in determining the amount . . . could have earned.” Id. Additionally, for reduction of future earnings capacity, the suggested jury instructions charge that “the plaintiff is entitled to be compensated for any loss or reduction of future earning capacity that . . . will suffer as a result of a decrease in or loss of future productivity.” PA-JICIV 7.120, Pa. SSJI (Civ), § 7.120 (2013).

I am fortunate that I get to speak with a lot of people about their oil and gas issues. Lots of people have questions about their leases, their royalties, other payments, pipelines, right of ways and even just the loud noise that might be coming from the operations next door. Time and again as I speak to potential new clients, we need them to gather their documents together for review. If you have questions about your lease, your right of way, your payments or the types of operations that might be going on, your first step before calling an attorney should be to make sure that you have all of your documents together. The relationship that you have with the gas company is mainly controlled by the language of the written agreements that you entered into with the company. The “law” -so to speak -may provide some details, but by in large the words of the agreement that you have control. The language of the agreement may even exclude or void some provisions of what you might consider the law to be. Courts in all states respect the freedom to contract. If you have a deal with someone the courts will try to enforce that deal to the greatest extent possible. With that being said, there are still some legal rules that can help landowners when faced with confusing or misleading contract language. For example, if the gas company prepared the contract and there is ambiguity- or confusion- as to what the language of the contract means, then often times a court is required to read the contract in the light most favorable to person who did not write the contract. Additionally, sometimes the gas companies don’t seem to understand or remember what their contract requires of them. I have reviewed several agreements where the companies have shot themselves in the foot by not following their own contract language. Oil and gas leases, pipeline agreements and right of way documents are often confusing. It is vitally important, however, that you understand the general meaning of those documents to know if you are, in fact, being treated appropriately. If you have questions about any oil and gas related issue your first step should be gather your papers. After you gather all of the relevant papers you are in a good position to call an attorney who can look at the documents and determine if they can help you.

I’m confident that most people who regularly read our blogs have, at one time or another, seen one of our attorneys refer to a “deposition”. It occurs to me that while many of you may be familiar with the term, you may not be quite as familiar with what it actually involves. In the few paragraphs that follow, I’ll try to give you a basic understanding of what happens in a deposition, and why a deposition is taken in the first place. A deposition is started when an attorney for one of the parties to a lawsuit files a Notice with the Court, indicating that he/she wants to depose a certain party or witness. In most cases, the attorneys will work together to agree upon a date for the deposition that causes the least scheduling problems for all concerned. When the date and location of the deposition have been agreed upon, everyone shows up as provided for in the Notice. The attorneys for each party to the suit will be present, and sometimes (though not very often) the parties themselves will make an appearance. There will also be a court reporter present, who is responsible for taking down every single word that is uttered by anyone in the room. (I am always amazed at the ability of a court reporter to accurately take down what is being said, when often times 2 or even 3 people are talking at the same time.) Finally, in many cases there will also be a videographer in attendance, who is actually digitally recording the entire process. If that happens, the camera is always focused on the witness, and never on anyone else in the room. Everyone else who is present will have a microphone to make sure that the audio is captured as well. Once everyone gets settled in and we are confident that all of the equipment is working as it should be, the court reporter will administer the oath to the witness, and the deposition begins. The attorney who schedules the deposition will start the process, usually beginning by informing the witness about what will be happening in the hope of making him/her relax a bit. The attorney then starts asking questions, seeking to develop whatever information he was seeking when he scheduled the deposition. There are very, very few limits on what an attorney is permitted to ask a witness in deposition, and for that reason it’s tough to predict how long they may last. I’ve seen depositions last 10 minutes, and I’ve seen them last 10 hours or more. Everything depends upon the complexity of the case, the cooperation of the witness, and the experience of the attorney doing the questioning. So, what is the point of all of this? I always tell clients that there are three reasons that depositions are taken. First, the lawyer wants to “size up” the witness. He wants to see what kind of an impression the witness will make. Is he a nice guy that a jury will like? Or is he an arrogant jerk that will cause a jury to turn against him? Second, the lawyer wants to find out everything that witness knows about the issues at hand. The only way to do that is to question the witness at length, sometimes asking the same question in 2 or 3 different ways, so that you can be sure to uncover every last bit of information. Finally, the attorney wants to “lock in” the witness’ testimony for the record. That way, if the case goes to trial and the witness testifies inconsistently with the testimony he gave in his deposition, the attorney can use the deposition transcript to make the witness look bad. The questioning would go something like this: Q. “Mr. Witness, do you recall when I took your deposition back in August of last year?” A. “Yes, I do.” Q. “And do you remember when I asked how familiar you were with the scene of the accident, and your answer was ‘not very’? If you need to check, that question appears at page 17 of your deposition transcript, at line 20.” A. “Yes, I see it.” Q. “And you just told this jury that before this accident, you drove by the scene at least two times every day! In August you said you were not familiar with the scene, and now you’re telling us that you drove it daily! So, which answer are we to believe?” I think you get the point. Deposition testimony can be a powerful tool to make a witness appear to have a faulty memory at best, or to be a liar at worst. Depositions are a routine part of the litigation process. Our attorneys here at Bordas & Bordas have handled literally thousands of them throughout our respective careers. We will make sure that you are properly prepared and properly protected throughout the entire process.

With summer coming quickly upon us, I see so many people posting on social media the types of diets and fitness plans they are trying out in order to lose weight or tone up. However, just as important as our physical bodies is our mental health. Nurturing our mental health may be even more important due to the fact that our brains are the main hub of what makes us tick. Taking steps to sustain our mental health and managing stress in our lives can benefit us greatly by avoiding potentially dangerous physical outcomes. The main goal of managing stress is to practice techniques to trigger relaxation responses. These techniques include practicing meditation, breathing awareness, moderate exercise, taking time for a favorite hobby and of course, getting a good night’s sleep. Even a change in your surroundings such as cleaning, freshening up your living space, rearranging furniture or buying new throw pillows can help boost your mood. Understanding where your stress originates can help you decide your course of action as well. Issues related to mental health can impact people in different ways and there are many avenues to get the support you need.

With the ending of the month of May, and the beginning of June upon us, it is clear that we have entered into the anticipated time frame known as “Wedding Season.” For those of you who will be getting married this summer or next summer, one issue that may be on your mind is that of obtaining insurance coverage for your big day. You may think to yourself- why do I need event insurance for my wedding? Shouldn’t that be the wedding venue’s responsibility? While these thoughts are common- you should not push them aside. Speak with the wedding coordinator at your wedding venue to determine if insurance coverage is in place for your wedding in the event there is property damage or bodily injury. You should inquire to determine if you need to obtain “host liquor liability insurance” which covers alcohol-related incidents that you may be responsible for. As you can tell, there are several different types of wedding insurance coverage that you could obtain and may be responsible for acquiring based on your venue. As we all know – weddings are a time of happiness and excitement, however, it’s important not to forget that accidents and injuries do happen at weddings and wedding receptions, especially if alcohol is involved. You don’t want to be left on the hook for such incidents simply because you forgot to purchase event insurance. While wedding or event insurance may seem like an uncommon or odd type of insurance to purchase, it is a valid form of insurance and thus, should any claims need to be made under your policy, the insurance company continues to have a duty to handle your claim in good faith.

Memorial Day has arrived and the small town I grew up and still reside will be holding the usual events, including the Memorial Day parade. As a child, I remember walking from our home to the main street, carrying a bag to fill up with the candy that would be thrown from the participants of the parade. However, what stood out to me as a child were the little paper poppies that were given out. My mom made sure to hand over a donation and we received our poppies. I was a child and thought they were so pretty, but never asked what the poppy symbolized and why we received them on Memorial Day. As I grew older, I found out why. During WWI, a Canadian soldier named John McCrae, was serving in Belgium. He was in an area where the landscape was destroyed due to the war when he noticed a place on the battlefield near trenches where the soldiers had buried their fallen brothers. On that site were thousands of little red flowers, the poppies, which had bloomed. He was so overcome with emotion by this sight of the poppies that he composed a poem “In Flanders Field”. The poem was written from the perspective of the dead on the battlefield. Three years later, a YMCA Military volunteer, Moina Michael, read the poem which was published in the Ladies Home Journal magazine. She described the experience as “deeply spiritual” and made a vow to always keep the faith and from that point forward wear a red poppy as a sign of remembrance to those who lost their lives. In 1920, Moina met with a delegate to the Department of the American Legion who promised to present her campaign to its convention. They were so interested and moved by the story that they agreed to endorse the movement to have the Poppy adopted by the National American Legion. Today, we still celebrate and honor those who lost their lives in the line of duty by wearing our poppies on Memorial Day.

My family and I spent the last weekend cleaning off the porch, getting the patio furniture out and planting flowers. Spring is such a wonderful time. The weather is getting warmer, the flowers are blooming, and you just want to be outside. As soon as it starts warming up, my family loves to grill and eat outside. Also, because they love to hunt, we often grill wild game, so I thought I would share one of our favorite recipes for quail, pheasants, duck, etc…. (see below) that we will be making this weekend. Like a lot of people, we will be grilling out this Memorial Weekend and spending time as a family. However, we will also remember and give thanks to all men and women who served in our Armed Forces and sacrificed their lives to protect our freedoms. So, however, you choose to celebrate the long weekend, just remember to take some time to reflect on the true meaning of Memorial Day. Recipe for Bacon-Wrapped Quail with Bourbon-Pepper Jelly Glazed Recipe courtesy of Emeril Lagasse Ingredients: 8 quail, about 5 1/2 ounces each, dressed 1 teaspoon salt 1 teaspoon freshly ground black pepper 8 strips thick-cut bacon 1/2 cup pepper jelly 3 tablespoons bourbon 1/2 teaspoon Worcestershire sauce Method: Season each quail with 1/8 teaspoon of the salt and 1/8 teaspoon of the pepper. Wrap the bacon around the quail and secure with a toothpick. Preheat a grill to medium-low. In a bowl whisk the pepper jelly, bourbon, and Worcestershire sauce until smooth. Place the bacon-wrapped quail on the grill and cook, turning frequently, for 10 to 12 minutes, or until bacon is beginning to caramelize in places and the quail have grill marks on all sides. Brush the quail with the glaze and continue turning, glazing, and cooking until birds are nicely glazed and grilled on all sides and the flesh is just cooked through, about 10 minutes longer. Set aside to rest briefly before serving 2 quail per person.

As Memorial Day weekend quickly approaches, I am reminded of some of the ways my family celebrated the holiday weekend when I was growing up. Most of the time we would go camping for the long weekend and have a family BBQ at the campground. There were a few Memorial Day weekends I remember traveling with my family to New Hampshire to visit the gravesites of loved ones who had passed and plant flowers for them. Many families celebrate Memorial Day weekend in honoring the service men and women who fought for our freedom who are no longer with us today. My grandfather was a veteran so when we would visit his grave on Memorial Day, we always placed a flag at his grave as well. Memorial Day was originally known as Decoration Day and originated in the years following the Civil War. In the late 1860’s Americans begun holding springtime tributes to the fallen soldiers. They would decorate their graves with flowers and recite prayers. In the year of 1966 the federal government declared Waterloo, New York the official birthplace of Memorial Day. Waterloo was chosen because it hosted an annual community-wide event where the local businesses closed their shops and residents decorated the graves of soldiers with flowers and flags. Much like the tradition that is carried out today. So, however you choose to celebrate Memorial Day, I hope it is filled with great memories of loved ones.

What’s more fun - binge watching shows or live watching? Before Game of Thrones, I’d have said binge watching is the way to go. Sadly, Sunday night the wildly popular Game of Thrones came to an end. After 8 seasons the show wrapped up leaving a huge hole in my Sunday night TV routine. Like most, I was not satisfied with the ending of the show. But thanks to Game of Thrones I found the value in classic appointment TV. New-aged streaming services have made binge watching the new norm. Although I’m a huge fan of binge watching, I have found new joy of live TV. I have always tune in for live programming like the news or talk shows, but anything else I usually set aside to binge later. I have found watching a show live adds more to the experience. Live tweeting with other watchers or sharing your thoughts and opinions in a group chat with friends in real time, is way better than waiting for your friends to finish watching binge watching before you can discuss. Also, a show like Game of Thrones, which is insanely popular, waiting to watch later leaves the opportunity for spoiler to ruin the show for you. So, thank you Game of Thrones for ripping my heart out with the ending but more importantly bringing people together a group of people to see who would claim the Iron throne.

Bad things can and typically do happen when a tractor trailer is parked on the side of a busy roadway. The most catastrophic is when a smaller passenger vehicle is caused to leave the roadway and underrides the back end of the trailer. When an innocent passenger is killed or maimed, a portion of fault is normally apportioned to the driver of the vehicle who departed from the traffic lane. It is necessary, however, to examine the decision to violate safety standards by parking a big rig on the side of the road. The common reaction of people who are uninformed as to the safety standards governing commercial motor vehicles is to immediately conclude the driver of the car striking the parked tractor trailer is responsible. Thus, it is necessary to thoroughly investigate and, if possible, refute potential defenses. If the driver of the car had a cell phone, it is worth the cost to do a forensic download and rule out driver distraction from a cell phone at the time of the crash. A reliably conducted medical examination or autopsy is needed to rule out alcohol or drug use that may have contributed to cause of the crash. Why? One of the least understood hazards on our roadways is a tractor trailer parked on the side of the road. I am sure just about everyone has witnessed it, whether during the day, or late at night, a tractor trailer parked inches from the right travel lane. It goes without saying how dangerous this conduct is to vehicles traveling on the roadway. Why? Vehicles can and will occasionally leave the travel portion of the roadway. Everyone expects such a deviation. How many people have ever run over rumble strips positioned just off the roadway? This can happen for any several innocuous reasons. A driver may be forced to swerve to avoid another vehicle or an animal running onto the roadway. A vehicle can hydroplane and spin off the road when water pools during heavy rain. The foreseeability of vehicles departing from the traffic lane is why highways built in the United States in recent decades have incorporated road design features to make roadsides forgiving for drivers who makes such mistakes. The American Association of State Highway and Transportation Officials ( AASHTO) recommends construction standards for shoulder and right of way design. This includes clearance of obstructions such as, trees, steep slopes, or abutments which may hinder a motorist from being able to recover from an unintended departure from the roadway. They also recommend guardrails whenever feasible to redirect drifting vehicles back onto the paved portion of the roadway. The Roadside Design Guide defines a clear zone as the total roadside border area, starting at the edge of the traveled way, available for safe use by errant vehicles. This area may consist of a shoulder, a recoverable slope, a non-recoverable slope, and/or a clear run-out area. Simply stated, it is an unobstructed, relatively flat area beyond the edge of the traveled way that allows a driver to stop safely or regain control of a vehicle that leaves the traveled way. The highway shoulder is not designed for parking. It is a “clear zone” or “recovery zone,” not a parking area. Yet every day we see 18-wheelers parked in that “recovery zone” or shoulder, parked overnight and not illuminated. A large Commercial Motor Vehicle (CMV) parked on the shoulder of a highway becomes a large, immovable, rigid barrier blocking the “clear zone.” It creates an eminent hazard to occupants of any vehicle which may depart, for whatever reason, from the travel portion of the roadway. Tractor trailers parked in the “clear zone” or “recovery zone” create the equivalent of an unforgiving solid wall. This presents a vastly greater danger to people in approaching cars. When a car veers out of its lane and collides with an 80,000-pound tractor trailer, the physics is devastating. Semi-trucks are not only larger and heavier than regular vehicles, but their trailers also stand high off the ground. If a car traveling at highway speeds meets the trailer of an 18-wheeler, the big rig is the perfect height to sheer off the top of the car and kill or perhaps decapitate anyone inside. Conspicuity of big rigs parked on the roadside, especially in darkness and/or poor weather conditions affecting visibility is a hazard. That is why the Federal Motor Carrier Safety Regulations have strict rules on this. At § 392.22 on Emergency Stops, the regulations require, “whenever a commercial motor vehicle is stopped upon the traveled portion of a highway or the shoulder of a highway for any cause other than necessary traffic stops, the driver of the stopped commercial motor vehicle shall immediately activate the vehicular hazard warning signal flashers and continue the flashing until the driver places the warning devices”. As soon as possible, and in all cases within 10 minutes, the driver must places three reflective triangles or flares. Trucking company corporate management can reduce this risk of a deadly crash through management practices that include good trip planning so that drivers can reach safe places for planned stops before they run out of safe driving hours. Companies should manage their fleets to make frequent vehicle inspections and perform appropriate equipment maintenance. Trucking company management should require drivers not to stop along the roadside in non-emergency situations and instruct drivers to exit the highway and find a safe place to park when necessary. If due to mechanical breakdown a truck driver has no choice but to stop on the side of the road, trucking companies should train drivers and dispatchers on things they can do to reduce the risk of a loss in the event of a breakdown or other roadside emergency. Such actions include: Immediately turn on hazard flashers when slowing and leave them on while stopped. Immediately set out warning devices (reflective triangles or flares) in accordance with the Federal Motor Carrier Safety Regulations at 49 CFR § 392.22. Keep marker lights on after dark. Avoid parking on curves or on the downside of undulated roads that obscure the approach of oncoming traffic. Park as far off the traveled roadway as safely possible. Remember shoulders can be soft and have a steep drop-off or ditch. When stopped, set parking brakes. Notify employer as soon as possible to arrange roadside assistance. Avoid falling into traffic by using three points of contact exiting /entering the cab or climbing onto the catwalk or trailer. Walk along the side of the vehicle opposite traffic. Watch out for debris or uneven surfaces when outside the vehicle. Use a visible flashlight after dark. Wear reflective clothing (such as a high visibility safety vest) when exiting the vehicle. When presented with catastrophic crashes that involve a commercial motor vehicle parked by the side of the road, Bordas & Bordas investigates the crash and retain the appropriate experts. We determine why the driver chose that spot to pull off and stop. We download electronic control module data and other electronic records from both vehicles. How long had the truck been parked? Was there a dash cam video on either vehicle that could be evidence? Was it an actual emergency or mechanical failure? Was the driver failing to follow safety rules and simply stopped for a “break” on the roadside rather than in a safe place off the road? Did the truck driver can stop in a safer location? If a family member is badly injured or killed in a collision with a tractor trailer parked on the roadside, please call us at Bordas & Bordas.

Spring has sprung and April’s showers have graced us with some beautiful May flowers. Along with the warming temperatures and longer days that we’re enjoying comes the return of another seasonal rite – baseball & softball season. Thousands of youngsters will find themselves rounding the bases, tagging runners, or even picking flowers in the outfield over the next few months as little league baseball and softball seasons hit full speed. It can be argued that the game of baseball has more clichés than any other, and while we all know the object and basic rules of the game, some clichés that you’ve heard since your childhood years to explain the game of baseball, the same one’s that you may have repeated over and over to those sitting next to you, or even jeered to an umpire are just dead wrong. The following are just a few of the baseball rule myths that we seem to hear the most, with the actual baseball rule or interpretation included. Myth #1: A tie goes to the runner I think we’ve all heard this one at one time or another. A play at a base is so close that it appears that the runner and the ball arrive at the same time. In reality, the baseball rule book never addresses a ‘tie’ at a base. It is simply up to the umpire to determine if the runner was touching the base before the ball arrived in the fielder’s glove. Myth #2: A batted ball that hits home plate is foul THUD! That unmistakable sound of a batted ball that hits home plate. It seems to disorient everyone around it while the batter, pitcher, catcher and fielder decide what to do in the chaos. Inevitably, the play should continue, but usually, a voice comes from the stands, “that ball hit the plate, ump!” Why yes…yes it did. When fielded in fair territory, it becomes a fair ball. Myth #3: When running through first base, a runner must turn right to avoid being tagged out on his way back The inning is off to a good start. A solid hit and the runner beats the throw to first base. After running through the base, the player then walks back to the base in fair territory to enjoy his moment of glory. Again, that infamous voice from the crowd tells the first baseman to, “TAG HIM!” A player who overruns first base is legally entitled to return to the base in any direction that he’d like as long as, in the umpire’s judgement, he did not make a legitimate move toward second base. Myth #4: A player must make an attempt to get out of the way in order to be awarded first base after he’s hit by a pitch This one is fairly simple. The batter is SUPPOSED to make an attempt to avoid being hit by the ball. Again, this defaults to the umpire’s judgement. In every single instance of my umpiring career, I would award first base in this instance. Many players at the youth level lack either the quickness, awareness, or simply freeze at the sight of a baseball speeding toward them. Besides, do you really want to be the one protesting after a child is struck with a baseball? Here’s hoping that this enhanced your knowledge of the rules of the game of baseball. Now, sit back, relax and enjoy the memories that our young people are making on the diamond this year. Most importantly, on behalf of Bordas & Bordas, best of luck to all area little league baseball and softball players this season. Play ball!