Legal Advice Blog: Legal Advice, Case Insights, & Local Law Information

In March of this year, due to some new hiring and the need to shuffle office staff in our Wheeling office I, together with Attorney Jay Stoneking, Marilyn Bell and Attorney Jason Causey were recently transferred to our St. Clairsville office located at 106 East Main Street. As a lifelong resident of Wheeling, West Virginia, I have always perceived St. Clairsville, with old Route 40 running through the middle of it, as a sleepy little town with very little going on. I suppose that is mainly due to the fact that Interstate 70 runs parallel to old Route 40 in this area and the Ohio Valley Mall attracts most shoppers away from the downtown area. I expected the streets to be quiet and the stores and restaurants to be empty of people. Boy was I wrong! Maybe it is because our office is located right across from the Belmont County Courthouse that the traffic whizzes by my window constantly. There never seems to be a lull. The streets are lined with "no meter" parking spaces and signs that post two hour parking only, and a very busy meter maid walks the sidewalks frequently and marks the tires of the parked cars and then two hours later revisits the same area to ticket the offenders. The parking spaces outside our office are very rarely empty. When one car pulls out another takes its place almost immediately. With the many small businesses and restaurants that dot its Main Street I am here to shout out to our friends, clients and neighbors: St. Clairsville is alive and thriving and is definitely the pulse beat of Belmont County. Never will I mistake it as a "sleepy little town" again!

I grew up baptized and raised as a Catholic. I attended Catholic Schools and went to Stations of the Cross every Friday during Lent but now that I am older, it all has a much deeper meaning to me and I attribute that to understanding the Holy Spirit. If you want to find out what I am talking about, go see the new movie Son of God to find your Spirit. If you've seen the Passion of Christ you'll know exactly what I mean. The Stations of the Cross are much harder for me to bear now. Those images flash  through my mind, but I sure do appreciate what this is all about as I've  known all along from the Apostle's Creed, but now I understand. I no longer just say the words. I feel them and appreciate them: Apostles' Creed I believe in God the Father, Almighty, Maker of heaven and earth. And in Jesus Christ, his only begotten Son, our Lord. Who was conceived by the Holy Spirit, born of the Virgin Mary. Suffered under Pontius Pilate; was crucified, died and buried. He descended into hell. The third day he rose again from the dead. He ascended into heaven, and sits at the right hand of God the Father Almighty. From thence he shall come to judge the living and the dead. I believe in the Holy Spirit. I believe in the holy catholic church, the communion of saints, the forgiveness of sins; the Resurrection of the Body and the life everlasting. Amen. Why did this all happen? For you and for me. He suffered so greatly for our sins so that we would have a place in heaven. Appreciate this. My wish is for each and every reader to take a step back and look at Easter deeper this year. Find your Spirit and watch to see what a magnificent holiday this Easter season will be for you.

What if I told you that preventable medical errors were the third-leading cause of death in America -- behind only heart disease and cancer? That sobering statistic comes directly from a recent study published by the Journal of Patient Safety, which concludes that "the true number of premature deaths associated with preventable harm to patients was estimated at more than 400,000 per year." Take a moment to allow that statistic to sink in while noting that the study is not discussing just the number of deaths, or the number of deaths from medical errors that could not have been avoided. The study is talking only about preventable medical errors. Said another way, preventable medical errors account for "roughly one-sixth of all deaths that occur in the United States each year." As dispiriting as those statistics are, perhaps the most troubling aspect of the study was that getting a true grasp on the epidemic levels of malpractice was made difficult by what the author referred to as the "Wall of Silence" in the medical community. As the study stated in the starkest terms: "A recent national survey showed that physicians often refuse to report a serious adverse event to anyone in authority. In the case of cardiologists, the highest nonreporting group of the specialties studied, nearly two-thirds of the respondents admitted that they had recently refused to report at least one serious medical error, of which they had first-hand knowledge, to anyone in authority." Thus, it is reasonable to conclude that not only are medical errors out of control, the fact that so many doctors don't tell the truth about what is going on in our hospitals makes it difficult for us to identify the problems and fix them. If physicians and hospitals refuse to confront the issues facing them, what can we do? Ideally, the civil justice system would help us hold healthcare providers accountable for their errors. The rules applicable to civil cases would allow patients and their families who have been harmed by medical malpractice to discover the true nature and extent of what happened in a given situation and to seek justice in a public forum for their harms and losses. Unfortunately, however, a wide array of special privileges has been erected by the powerful insurance and medical industry that makes it hard for many families to seek justice. Something needs to be done to protect people in our hospitals. As another study published in Health Affairs estimated, one-third of hospital patients are victims of medical malpractice each year. I believe that we need to call on our health care institutions to honestly and seriously confront the dangers of medical malpractice within their walls. A good first step in the process would be to focus on accountability, transparency, and honesty when things do go wrong. I know from my experience representing families of those hurt or killed by medical errors that many of our issues could be addressed if hospitals and doctors were simply honest with their patients when it came to admitting a mistake. We should also think long and hard about whether the special protections our laws give to doctors and hospitals are really accomplishing a legitimate purpose instead of contributing to a significant and widespread danger that not only fails to protect patients, but keeps all of us from ever knowing the truth about the extent of a grave problem.

Join host, Jamie Bordas, and his often-called-upon guest, Chris Regan, on this week's episode of the Bordas & Bordas Legal Review. In the wake of the gas drilling deaths in Greene County, Pennsylvania, and Belmont County, Ohio, as well as the gas explosion in Marshall County, West Virginia, Jamie and Chris discuss the dangers and difficulties of gas well drilling in the Ohio Valley. In addition to the danger of construction accidents and explosions, science is beginning to explore the toxic exposure issues resulting from the unprecedented shale gas boom. Can the desire to produce and the need for safe practices be reconciled by the companies involved, or will these incidents continue? Learn about all this, and more, on this week's edition of the Bordas & Bordas Legal Review. You can view the Bordas & Bordas Legal Review locally on Comcast Channel 14 or also online, both streaming and in the archive. The current episode is embedded within this post. Click here to view the program on vimeo, or watch the embedded version if your browser supports it. Click this link to see the WLUTV schedule so you can view a live-stream of WLUTV and check this page for a schedule of when the program airs.

Bordas & Bordas is happy to call the friendly city of Wheeling, West Virginia home. The attorneys and staff of the firm are committed to giving back to the community that has given and continues to give so much to us. Below are just a few of the many recent philanthropic sponsorships that Bordas & Bordas is honored to be part of. The Junior League of Wheeling is a driving force in the community that is respected and known for its commitment and service. It is a non-profit organization comprised of women whose purpose is exclusively charitable and educational. The JLW is preparing for its annual "Affair with Wheeling Flair" on May 2 nd that includes food and drink, live entertainment, and prizes. Funds from this year's installment will go towards improving and renovating the Janie S. Altmeyer playground at Heritage Port. Bordas & Bordas is happy to contribute. Wheeling Health Right strives to provide access to free comprehensive and preventative medical care and medications to those who could not obtain it otherwise. They believe that all are entitled to health maintenance and care. The 21 st annual "Chef's Auction" will be held on May 2 nd and feature delicacies from the best chefs in the Ohio Valley. By helping to sponsor the auction, we are excited to give Wheeling Health Right the funding to continue to provide quality health care and medication to low income and uninsured members of our community. At the American Legion Boys' State, participants experience the rights, privileges, duties, and responsibilities of a franchised citizen. The training that the young men receive there aligns with practical city, county, and state governments and includes legislative sessions, court proceedings, law enforcement presentations, and more. The Legion is gearing up for its 77 th Boys' State this June. We are pleased to be aligned with such a longstanding and constructive organization and event. An organization that Bordas & Bordas is happily associated with is Harmony House. The association provides a safe haven for victimized children and their non-offending family members amidst the legal process. Harmony House is hosting the 10 th installment of the "Toast of the Vineyard" on September 20 th. Festivities include wine and specialty beer tasting, live entertainment, and a silent auction. Proceeds fund Harmony House's purpose and mission. The Ohio County Strings Association is comprised of teachers and parents that provide support to all of the Strings students within Ohio County. As a non-profit organization, they rely on the generosity of others to maintain the program. This past weekend, Ohio County Strings hosted the "Night at the Races" to help raise funds for music education. Bordas & Bordas sponsored this year's successful installment. Bordas & Bordas is honored to be involved with such outstanding organizations and events. We will continue to reach out to community partners who are passionate about making a difference. As always, we encourage everyone to support these very worthy causes in any way possible.

Tune in to this week's informative edition of the Bordas & Bordas Legal Review when our host, Jamie Bordas, and his guest, Chris Regan, discuss the Supreme Court of the United States' recent McCutcheon decision that declared unconstitutional the aggregate limits on campaign contributions that have existed as a matter of federal law for decades. Jamie and Chris also analyze the Northwestern football player union drive and the implications it will have for the law, and college sports in general, if it continues to be successful. You can view the Bordas & Bordas Legal Review locally on Comcast Channel 14 or also online, both streaming and in the archive. The current episode is embedded within this post. Click here to view the program on vimeo, or watch the embedded version if your browser supports it. Click this link to see the WLUTV schedule so you can view a live-stream of WLUTV and check this page for a schedule of when the program airs.

David Zamora, just 43, died Saturday of crush injuries at a drilling site in Belmont County, Ohio. The Big Foot Pad off Ohio 149 was the location of the incident. The Sheriff indicated this was the first such death in the county, but loss of life at drilling sites has become common regionally, with a Greene County man losing his life in an explosion earlier this year, and multiple explosions and deaths occurring in West Virginia. The drilling of the Marcellus and Utica shale has brought an economic boost to the area, but the unprecedented pace of the work and company haste to cash in has also led to too much tragedy. Workplace injuries, wrongful deaths, burns, and drilling-site injuries continue to rise as regulators fail to keep pace with the various end-runs around the safety rules that companies attempt in order to keep the gas flowing. David Zamora had only been in Ohio a very short time. He leaves a young son (10) behind and other devastated family members in Texas. Our hearts go out to them and our wish is that companies learn to hold the line on safety better than they have thus far. No exigency of operation should take precedence over doing the jobs safely and correctly. No more workers should have to die before this lesson is learned.

On March 19, 2014, Fred Phelps, founder of the controversial Westboro Baptist Church, passed away at the age of 84. Though his death was not unexpected, due to his advanced age and declining health, it still sparked a tremendous response from the American public and media. Unlike deaths of other widely-recognized public figures, Phelps' death was not met with tears or candlelight vigils of remembrance. Many Americans instead expressed feelings that ranged from indifference to delight. Unfortunately, expressions of celebratory emotions in response to Fred Phelps' death are the very best tribute that could be paid to a man who dedicated much of his life to advocating hatred and making active efforts to disturb the peaceful remembrance of deceased American citizens, particularly military servicemen, by staging loud protests at funerals nationwide. Furthermore, not only does applauding the death of Fred Phelps essentially honor his memory and legacy of hatred and disruption, it does nothing to combat hateful actions of the Westboro Baptist Church, or other groups with similar messages, or to help protect and preserve the rights of those citizens the WBC aims to harm and oppress. Media outlets have been fairly vocal in their responses to celebratory or joyful reactions to Phelps' passing, taking the position that to express delight or to picket or protest the funeral of Fred Phelps ( an event which will not even occur) is to give homage to the deceased founder's goals. Interviews with Christian leaders of different branches of Christianity have reminded us that it is directly contrary to Christian values to fight hatred with hatred, and that Christianity calls upon us to love even our enemies. Despite being the group most aggressively targeted by Phelps and the Westboro Baptist Church, gay and lesbian rights organizations have also spoken out in opposition to a celebratory reaction to Phelps' passing. Many have been quick to remind Americans that there is an important difference between taking delight in the death of Fred Phelps, or any other WBC member or any other anti-gay activist, and taking delight in the end of the Westboro Baptist Church's hateful messages and actions. Phelps' death does not signify the end of hatred for the WBC or any others who share in the groups' mission or positions. Phelps' death does not guarantee any greater amount of respect or acceptance in the United States. And celebrating Phelps' death does not guarantee progress either. Regardless of your opinion about Fred Phelps, his death, the Westboro Baptist Church, and the church's messages and missions, civil society requires us to hold and share our opinions in a way that is respectful to all. Celebrating the death of human being is not a respectful way to express an opinion, and does nothing to advance the messages of tolerance, acceptance and love needed to undo damage done by Phelps and the WBC. People can, and should, continue to celebrate victories against hatred, bigotry, oppression and violation of human rights in the United States, but the objective should be proactive, rather than reactive. Instead of reveling in the death of Fred Phelps, we can take positive actions that help to reduce his footprint on our society. Take the time to listen to a person whose choices or lifestyle you may not quite understand. Resist the urge to make a negative, mean, or hateful comment, even when you may have been offended by another's words or actions. Write to your representatives in Congress advocating for human rights issues about which you feel strongly. Refrain from passing judgment or characterizing an entire group of people based on the actions of one individual member. Donate to an organization that helps those struggling with mental, physical or emotional problems beyond their control. But whatever you do, just remember that death is never a victory.

A few months back, my husband and I purchased a white leather sofa set that was absolutely gorgeous and placed it in our formal living room. After a mere three weeks of admiring these pieces, I noticed red ink smiley faces eloquently drawn on different spots of the larger sofa. As you can imagine, my face must have been as red as the ink! I immediately went to the source - my 4 year old, Shauney. She looked downward as she explained she found the red pen and just couldn't help but make these beautiful smiles on the blank slate she had before her and simply couldn't resist. Thankfully, the ink came out, and now you can hear my 4 year old recite the happenings of that day. "When I have a pen in my hand, I must think - what am I going to do, and use only paper for ink pens, just put it down." Over and over she will repeat this as she tells the story of that Saturday morning. Today, a few months later, I can chuckle a bit as I realize the temptation this huge white blank slate must have presented to my precious child and it has prompted me to reflect upon some of the things that these kids have gotten into over the years. They've all made an imprint in my memories some of which I am sure they prefer to forget. Let's start with my oldest, Samantha. She was cleaning her room to help Mommy and couldn't have been more than 5 or 6, if that, at the time. She dusted the entire bedroom with baby powder. In her defense she had good intentions. I mean, makes sense to me, after all, you put on baby powder after cleaning yourself in a shower, right? Charles, my 16 year old. As I hopped in the shower, he managed to get into the Hershey's syrup and squirted it on the living room pale gray carpet when he was just a wee tot. To this day, neither of us can figure out why he did this. Aleigha, my 13 year old. One summer day while I was at work, she went to play with my mother-in-law's neighbor. She was probably around age 6 or so. I received a nervous telephone call from my mother-in-law stating that Aleigha's friend seemed to think she could give Aleigha a little hair cut. Her bangs were mostly gone. When I arrived home from work that day, Aleigha was excited because she felt she had the look of the new Willlie Wonka. So, she loved her new look. No big deal...I mean, after all, at age 4 she wore a band aid in the center of her forehead as she simulated the look of the pop artist Nelly that year! Remember that? I am a bit perturbed as they always seem to find that few minutes as a window of opportunity to prepare these surprises for me. I've thought of so many things I could have written and submitted to the Reader's Digest section Laughter is the Best Medicine. Translating is a fun job too. Shauney will tell the big kids - stop coughing me. Translated, stop copying me. Charles fell to the ground in his full Steelers uniform one Sunday as his hero, Tommy Maddox, was seriously injured on the field, giving way to the beginning of a very successful career for Ben Roethlisberger. But, he could onlysee the end for Tommy and shouted, "I hate Ben Roffwisberger." That's right - said it just how I spelled it here. Years ago, my husband had an office in our house and almost daily, the Fed Ex man would come with a package. This day in particular, he had signed for his package noticing he still had on the nail polish he let Aleigha put on him the evening before. What a good man he is --  Hopefully, the Fed Ex man didn't really notice! So, many stories, so much fun. Looking back, I wouldn't change any of it. Somehow, someway, it works out. All is well! If you have a story to make us chuckle, share it, after all laughter is the best medicine and children can make the grumpiest of them all smile.

With the azaleas in bloom and green jackets on full display, The Masters Golf Tournament gets underway this week in Augusta, Georgia. While most of the traditions of the golf tournament billed as "A Tradition Unlike Any Other" will be gracing our television sets, there will be one notable absence this year --- Tiger Woods. For the first time since he was in high school some twenty years ago, Woods will not be teeing it up at golf's grandest stage. Instead, he will be at home recovering from back surgery, the latest in a string of setbacks that have occurred since Tiger last won a major tournament in 2008. It is almost inconceivable that Woods has not won a major in nearly six years. After all, he had become the most famous athlete in the world. He was a once in a generation type player who completely revolutionized the way that professional golfers are watched, paid, and play the game. He was the Babe Ruth, Muhammad Ali, and Michael Jordan of his sport. Yet, it all seemingly came crashing down on him both figuratively and literally when his car slammed into a tree in November 2009 after an incident at his home with his then-wife. Most of you know the story from there. It soon came to light that Tiger had not only been unfaithful in his marriage, but had been so in epic proportions. Woman after woman came forward stating that they had relations with him. Some reports indicate that there were well over 100 women. Tiger checked into an addiction clinic and ultimately made several other changes in his life, including firing his coach and caddie. Since that time, Woods has suffered numerous injuries, including those to his knee, Achilles, wrist, and back. He has failed to win a single major tournament. He has withdrawn from several other tournaments for various reasons. He has missed cuts in tournaments, something almost unheard of for him. And perhaps most shockingly, he has been accused of multiple rules violations, with some in the media and others going so far as to call him a cheater (on the golf course, not just in his marriage). Now, he has undergone back surgery and is missing the tournament that means the most to him for the first time in his career. All of this has led some people to state that God is punishing Tiger Woods for his infidelity and sexual escapades. While Tiger has certainly seemed to have quite a negative run of fortune in many ways, I would dispute that God is punishing Tiger for his behavior. First, Tiger was actually winning and wildly successful professionally when he was carrying on the way that he was. Just because we didn't know about his actions until November 2009 doesn't mean that God didn't know until then. God knew all along. Second, Tiger is still the number one ranked golfer in the world. And third, and most importantly, I don't believe that God is a merciless God who looks to inflict harm after harm upon us because of our transgressions. Just as we are sometimes disappointed with the actions of our own children, God is sometimes disappointed in our actions. But, at the same time, just as we would never inflict harm after harm upon our own children just because they disappoint us, God too acts in that manner. He continues to watch over us, want the best for us, and love us no matter how badly we may behave. Tiger Woods is no different than the rest of us. We all have ups and downs in our lives. We all face health issues at some point. We all make our fair share of mistakes. Despite that, God loves us. So, I feel confident in saying that whatever Tiger Woods has had to battle, it isn't because God is punishing him. It's because he is human.

Wheeling - The Ohio Seventh District Court of Appeals has upheld a $10 Million verdict awarded in January 2012 that was awarded to two families as a result of Personal Service Insurance Company's wrongful denial of insurance coverage benefits stemming from an April 2003 crash that claimed the life of one man and seriously injured two others. The court upheld the jury's verdict that PSIC's denial of coverage and refusal to provide an attorney to Donald and Kathy Cox was done in bad faith and awarded $8 million in compensatory damages and that PSIC, a Pennsylvania Corporation, consciously disregarded the rights of the Coxes and awarded punitive damages of $2 million. The Coxes' attorney, Jamie Bordas, of Bordas & Bordas, said that this decision sends a message that insurance companies cannot treat their client's customers in this manner. "The court reviewed and upheld the jury's decision regarding this large insurance company's total disregard for the rights of these Belmont County residents," Bordas said. "It sends a message to insurance companies everywhere that when they promise to provide coverage and protect people who use their hard-­-earned paychecks to buy insurance, the insurance company had better make good on that promise when it is their turn to protect those people." The Appellate Court also approved the attorney fee award of Belmont County Common Pleas Judge Jennifer Sargus that was in excess of $1 Million. The court stated that Judge Sargus had praised the quality of the legal wok performed stating that it had not been surpassed at any time in her career as a judge. The 2012 trial spanned two weeks and included testimony from numerous experts, including Charles Miller of Berkeley, California and Paul Dolbow of Safety Harbor, Florida, on insurance industry standards. The case stems from an April 2003 crash that resulted in the death of Brian Bigler and serious injuries to his father, Howard Bigler. Donald Cox had hit the Biglers after going left of center while trying to adjust his sun visor on his car. Cox and his wife had automobile insurance coverage with PSIC. However, after being notified of the crash by its agent, PSIC refunded the Coxes' premiums four days after the wreck, claiming that the company had effectively cancelled the policy over a month earlier. Judge Sargus presided over the trial and had previously held that under Ohio law, PSIC had not effectively cancelled the policy before the collision and that the policy was in full force and effect on the day of the accident. Because PSIC had refused to provide coverage and had refused to meet the Bigler family's settlement demand of only $50,000.00, the liability limits under the policy PSIC had sold to the Coxes, which would have completely released the Coxes from further liability, the Biglers sued Cox and obtained a judgment of $3,000,000.00 against him. Cox later assigned his claims against PSIC to the Bigler family so that the judgment that the family had obtained against Cox could be satisfied through any recovery against his insurance company. Attorney Harry White of the law firm Banker & White in St. Clairsville represented the interests of the Bigler family at the trial and on appeal. Tom Mulvey and Lisa Haase of the Columbus, Ohio law firm of Curry, Roby, and Mulvey Co., LLC, represented PSIC that had previously been headquartered in Columbus. Bordas & Bordas is a plaintiff's litigation law firm of 16 attorneys based in Wheeling, West Virginia that also has offices in St. Clairsville, Ohio and Moundsville, WV. It practices throughout the region in diverse areas of law. For more information, please contact Jamie Bordas or Carrie Scanlon, Director of Communications and Philanthropy at 304.242.8410 304.242.8410.

There has been a massive gas explosion in Marshall County, West Virginia. Apparently, a gas line between Wayman's Ridge and Middle Creek that was as much as 12 inches in diameter ruptured, sending a column of flames into the sky. Thankfully, no one has been reported injured. Marshall County West Virginia has been a center of the shale gas "fracking" boom. Massive gas infrastructure has been installed so companies can reap the benefits and profits of this newly-available gas. But maintenance and safety practices have not kept up. A Tyler County, WV explosion last year killed two men and severely injured another. A Sissonville, WV, blast destroyed homes and made national news for its incredible size and power. A month ago, many died in a New York City gas explosion, so the problem is not limited to West Virginia by any means. Aging infrastructure needs to be maintained and the pace of work on new wells and pipelines needs to be consistent with doing the job safely. Without following those common sense rules, we cannot assure that fatal explosions will be prevented