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

It has happened to me again! I missed the red hot episode of Criminal Minds that has caused a Social Media frenzy. My Facebook newsfeed was inundated with statuses setting forth opinions on Wednesday night's episode of Criminal Minds that was supposedly set in Wheeling, WV. Several friends who had obviously not watched the episode, but had only heard about it, commented on how awesome it was that little Wheeling, WV was on this hit CBS show and how amazing it was that the Wheeling Police Department was mentioned. Other friends, who stuck out the duration of the grueling episode, were irritated and embarrassed by the inaccurate depiction of our city. So... again, I had to watch it. I logged on to CBS.com and watched the episode several hours after it aired to see what all this Facebook fuss was about. For those of you, like myself, that missed the airing of the show, here is a summary of what you missed. The Criminal Minds episode titled "Blood Relations" began with the words OUTSIDE WHEELING, WV plastered across the TV screen, letting the viewers know that this episode was supposedly taking place in our city. The episode was wrought with horrific and gruesome murders that turned household, farm, and hunting accessories into murder weapons(barbed wire, bear traps, chains). The actors and actresses portraying the Wheeling natives spoke with heavy accents, wore flannel clothing and boots, lived on farms, and had a family history of incest. CBS wanted its viewers to think that the Wheeling natives made their money selling moonshine or making meth. The episode seemed to allude to the historical West Virginia feud between the Hatfields and the McCoys as it depicted the family dissention between the "Howards" and the "Lees." You may have even caught the subtle poke at the Wheeling natives' intelligence in the reference to the complaints and motions filed with nonsensical expletives. The killer in the episode was portrayed as a shirtless, overall wearing, psychopath who we learn is deformed as a result of his being conceived from incest relations when his mother was impregnated by her brother at the age of 16. He also keeps his "adoptive" dead mother on ice and possibly has sexual relations with her as well (necrophilia). Throughout the entire episode there seems to be a demeaning depiction of our city and its citizens. What I wonder is whether the writers of the show did any research at all before depicting Wheeling and its citizens this way? Given the fact that I was born and raised in Wheeling, and saw absolutely no similarities between the depictions and the city itself, I have to assume that the huge TV network, CBS, and its show's writers, in fact, conducted no research and instead decided to depict this city based on the many stereotypes that West Virginia cities hold - uneducated, incestual, strong-accented farm hicks with no "real jobs." Sadly, not only is this depiction wrong, but it gives national viewers a very wrong and unrealistic view of our city. What is the harm in that? Consider this scenario... Have you ever been curious when you watch TV shows and wondered whether the depictions of people or a profession are accurate? For those of you who were fans of the legal drama "Boston Legal" did you ever wonder whether we attorneys really sit on a balcony and drink expensive scotch and smoke cigars after a big case victory? How about those of you that watch the medical drama "Grey's Anatomy", do you find yourself curious to ask your doctor how realistic the cases and scenarios are that are depicted in the weekly episodes? If you are anything like me, you do. These depictions pique our curiosity regarding issues with which we are not familiar, or make us contemplate the culture of places where we have never been. Now, Criminal Minds has potentially piqued the curiosity of its viewers regarding the small town of Wheeling, WV. And even if it didn't make someone curious about the city, or confirm the state's stereotype, it certainly implanted in the minds of its viewers this depiction of the city and its citizens. What does this mean? It means that when I travel and I meet new people and I say I am from Wheeling, WV these are the thoughts of me that cross people's minds. When you move away and apply for jobs in other states, this is the "picture" of you that your potential employers see. Or when my child applies to an out-of-state college and fills in his address as Wheeling, WV, this is the stereotype the Admissions Officer envisions and now my child has to overcome. Is it fair? Could it be that this purely fictitious show was just running a compelling storyline designed to draw in viewers and impress them to watch the show more? Are we overly sensitive and overanalyzing this one show because of those bold letters -OUTSIDE WHEELING, WV that we saw within the first two minutes of the episode? Does CBS actually make such inaccurate depictions often and we never notice because it doesn't concern us, our profession, our city, or our lives? Stereotypes are oversimplified ways of characterizing groups of people based on the differences between them and other people. Some stereotypes are rooted in fact and others are rooted in prejudice. Stereotypes exist and will continue to exist as long as there are differences between individuals and a tendency of the human brain to compartmentalize knowledge as a way to reduce the effort used when thinking. Stereotypes play a huge part in writing fiction. Storytellers rely on stereotypes and play on them to make their writing a success. When writers use characters that fulfill a stereotype, it requires much less explanation and planning on their part, therefore leaving more time for the "story line." However, even among peers, writers are divided as to the use of stereotypes in their writing. Writer Junot Díaz has said about stereotypes that "they're sensual, cultural weapons. That's the way we attack people. At an artistic level, stereotypes are terrible writing." Unfortunately, it is human nature to make stereotypes. The first time we meet a person, there are inevitably stereotypes about him or her from his appearance and mannerisms. In short, we stereotype him. But when we get to know him better, his individuality reveals itself and we realize he is a unique person who breaks the expectations of his stereotype in many ways. Those of us that live in Wheeling and agree that it is a laid-back, family-oriented community, with wonderful people, friendly children, intelligent businessmen and women, involved parents and a low crime rate, struggle with the inaccurate depiction of ourselves and our peers that CBS set forth in Wednesday night's Criminal Minds episode. Others may simply see the episode as a fictitious and entertaining story line of a hit CBS show. Either way, it is true that the writers played on a typical WV stereotype for the purpose of their show. We, as Wheeling, WV residents have two choices --- to live up to the stereotype or break it down. Myself, I am choosing the latter. I am not a regular viewer of the show. Quite frankly, I only watched this episode because of all of the backlash it was receiving. As a lifelong resident, I can't help but think of the many wonderful things Wheeling has to offer: its gorgeous scenery and two local parks, its great schools and universities, the many lucrative, thriving businesses, and the historical significance of National Road. Wheeling is not a city plagued with murder and crime, but rather a fantastic place to raise children and start a family. CBS did not give us such a view of "The Friendly City", but rather, played on inaccurate and grossly negative stereotypes. Was this irresponsible of CBS? Was it distasteful and unnecessary to the storyline or show? Or are we overly sensitive to this episode because we are, in fact, Wheeling residents? I would love to hear the thoughts and comments of others on this.

It's been a long, cold, hard winter. Sub-zero temperatures for weeks at a time have kept just about everyone I know (including me and my pups) indoors and anti-social. While Mother Nature has given us a couple glimpses of the spring weather we are usually enjoying in earnest by this time of year, Old Man Winter has been reluctant to release his grasp on the Valley. As the calendar turns to April, it appears that Spring is finally arriving and outdoor activities will be increasing exponentially. Spring brings out the best in both people and animals. It's a time of awakening and activity. It's a time to shake off the winter blues and get out and move! I knew Spring was finally arriving even though there was still snow in the forecast last week when I saw the change in Cassie, my thirteen and a half year old pup. She was helping me take out the trash one evening when she starting running laps around my house going between the back and front yards and playing hide and seek with me. There was a spring in her step that I hadn't seen since the weather had turned cold last fall. She wanted to play and sniff and simply enjoy being outdoors. I am fortunate that Cassie knows her boundaries. She will stay between my yard and her "Aunt Heather's" yard (my neighbor's yard) unless I tell her she can go further and even then she doesn't go far from me. All I have to do when she is off leash is make a noise and she comes right back to my side. Not all dogs are like that and she certainly wasn't always so well behaved. When she was little, she learned to open the storm door on her own. If the front door was open and I didn't have the storm door locked, she would let herself out and would be touring the neighborhood before I knew it. She was fortunate that she never got lost and was never hit by a car. Her best buddy Tripp wasn't as fortunate. He snuck by me one night when I opened the front door to let Cassie in and went full speed into the street and directly into the path of a car driven one of my neighbors, a man who is always on alert for children and animals when driving. Thankfully, he heard me scream and was able to stop. So instead of Tripp getting hit by a car, Tripp hit the car and escaped with relatively minor injuries. As Spring takes hold and the weather continues to warm, more and more of our animal friends are going to want to be outside running and playing with their human brothers and sisters. Children who received puppies as Christmas gifts are going to be outside playing with those puppies and learning how to take their puppies for walks on leashes. It will be a learning experience for both that will likely result, at least once, in the puppy getting loose and the child chasing after it. Hopefully, there will be an adult present to intervene and prevent both the child and the puppy from running into the street, but that is not guaranteed. There is also no guarantee that a child learning to ride his or her bike will not fall into the street or that the child will be able to stop at an intersection. There is no guarantee that the pre-teen practicing her pitching won't overthrow a ball into the street and the "catcher" (either human or canine) will run into the street without looking to retrieve the errant ball. There is no guarantee that the jogger running along the side of the road won't step wrong and fall. What is guaranteed is that the unexpected will happen at some point when we are driving and we must be prepared to deal with the unexpected in an instant. So here is my springtime plea to those driving through our neighborhoods: Please be alert. Watch for children and animals playing in the yards lining the street or walking down the sidewalk. Be prepared to stop if you believe there is even a chance that a child or animal may end up in the path of your car. Don't have your music up so loud that you would not be able to hear a child or adult scream for you to stop. You are not going to receive a prize for seeing how fast you can get from one stop sign to the next. That extra five seconds it may take you to travel the length of the block if you slow down may save the life of a child or a beloved family pet. We can teach children the dangers of running into the street without looking. We can tell children to let the puppy go and get an adult if the puppy breaks free instead of chasing it. Children are children, however. They do not always think rationally and often just react. Children fall. Leashes break. Fence gates come open. Children and pets often escape the safe confines of their yards. Drivers need to be alert, traveling at a reasonable speed in residential neighborhoods and prepared to stop in an instant. So please, as you are avoiding the pot holes left behind by the harsh winter we experienced this year, keep your eyes open for our children and pets as they are enjoying the freedom of spring and being outdoors. And pet parents: please make sure your furry children have identification tags so they may find their way home if they escape the safety of their yards. We, at Bordas & Bordas, strive to make the world a safer place for children and pets. Please help and do your part by slowing down in our neighborhoods and watching out for children out playing both with and without their pets.

Something happened, not too long ago, that made me appreciate what my husband, Eddie, does for a living. At roughly 2:30 a.m. Eddie and I awoke to the ringing of his cell phone. He picked it up and I could hear a deep voiced man tell him that he needed to head down to the office right away. Without hesitation, he jumped out of bed. In the dark I heard the snaps, zips and clicks as he hurriedly dressed. He walked over to my side of the bed and kissed me on the check and told me he loves me, then he was gone. I knew nothing more. I laid awake with my mind racing until the alarm went off. Then, I got up and got ready for work. I had heard nothing from him yet. I woke the kiddos up and got them ready for school. Still nothing. It had been 4 hours. It was not until I am almost at work when the phone rang and I heard his voice on the other end. He is on his way back home. Everything is fine. That night, I realized how dangerous his job is. Not every night is this way, but he never knows what each shift is going to bring. What may seem like a normal "stop" can easily turn into someone pulling a gun on him. A domestic call can easily turn tragic. This is the life of a police officer. I could not imagine my normal dress attire consisting of a lead vest around my chest and strapping a gun to my side before heading to work. I want to thank all of our police officers for their service. They do not do it for the money, for this is a career that most certainly will not make them rich. They are placed in situations that require split second decisions and, many times, those decisions end up being Monday morning quarterbacked. It takes a unique person to risk his/her life to protect ours. Again, thank you to all the men and women dressed in blue.

Cincinnati Reds relief pitcher Aroldis Chapman is expected to make a full recovery after recently being hit in the face by a batted ball in a preseason game against Kansas City in Surprise, Arizona. Reports indicate the line drive that hit Chapman was clocked at 99 mph. He underwent surgery to repair a broken bone above his right eye where a metal plate was inserted. Chapman should be back in action in about six weeks and is very lucky that his injuries weren't worse. This incident, coupled with the start of the 2014 season, turned my thoughts to safety in the game of baseball. I'm certainly no expert when it comes to athletics as I was raised in a home where motorsports got top billing. On the field, though, baseball is probably my sport from the standpoint of understanding the rules relatively well. However, I don't need to be an expert about America's favorite pastime to wonder if additional safety precautions for the players are necessary, the pitcher in particular. Is it time to consider protective headgear? After all, the batter is wearing a helmet. Why not take the same precaution for the guy on the mound? He, too, has baseballs coming at him at a high rate of speed. And think about the advancements in the game. The equipment is better when compared to many years ago and the players are bigger, stronger and faster hence the balls are hit with much more force. If you've seen the video of Chapman being struck, it's evident it happened so quickly that he did not have time to protect himself Up and coming pitchers, current pitchers and former pitchers alike who are reading this blog probably have a number of reasons as to why headgear for the person on the mound is an undesirable idea, just like the guys who don't wear helmets when riding a motorcycle. I'm just not sure I understand why protecting your head and face is a bad thing. Consider the ramifications of no protection... the possibility of permanent facial injuries, eye/vision issues, brain injury. Is it worth it? Football players wear helmets/masks, as do hockey players. Their performance on the field/ice doesn't seem to be impacted by this. Furthermore, I'm told that youngsters in little league (in the Ohio Valley) start pitching at age 9 and wear protective gear - a heart guard and a mask - until they're 12. Why change this? Just because they are getting older (and probably better at the game) doesn't mean they can't be injured. If anything, as the batters become stronger and more skilled, shouldn't steps be taken to protect the pitcher? I certainly welcome feedback on this topic as I've not played this type of sport before. However, at this point, I can't think of anything more important than safety. In this case with Chapman, all's well that ends well. He's going to be back in the game in no time. I realize that these types of occurrences don't happen every day, but I hope it doesn't take a permanent injury or death before safety is looked at more closely.

I looked out the window on Wednesday morning on my way to the kitchen. According to the calendar and the overly optimistic weatherman, Wednesday was supposed to be the sixth day of spring. But as I gazed across my yard, I didn't see any tufts of brownish green grass. What I saw instead was more snow. Ugh... I'm sure most of us would agree it's been a long, hard winter. I have a theory about that. I think the groundhog actually saw two shadows, but he was afraid to say we would be getting 12 more weeks of winter instead of the usual six. It's a good thing he kept his mouth shut. We probably would have run the little critter out of the country! As I stared at this latest deposit of white stuff, I began thinking of winters from my past. I'm a native West Virginian so I have plenty of wintry memories to pull from. I grew up in Elkins, a small town in the mountains of central West Virginia. Winters in Elkins are pretty predictable: it's always cold and it snows a lot. After a while you get used to it, I suppose. When I was going to school, we never cancelled and we never had delays. I remember stepping outside one morning when it was nearly 20 degrees below zero. I took one breath and all of the snot in my nose literally froze! It's one of those experiences you never quite forget, especially as a kid. My girls still laugh when I tell the story. I also remember how Governor Caperton promised a blizzard and then didn't deliver. I was in high school by then, but I acted like a 10 year old. I couldn't sleep. I remember getting up again and again to look out the window, waiting for the predicted avalanche of snow. It never came. In fact, we didn't get a single snow flake. I was depressed. Frankly, I was in a pretty foul mood the whole next day. Even today when I hear a forecast for heavy snowfall, there's a little voice in the back of my head that says: "Yeah, sure, you just think it's going to snow!" As grown-ups, we have to face the harsher realities that come with bad weather. I remember many times that heavy snow has knocked out the power at our home. When we lose power, we gather together in the family room and build a fire in the fireplace to keep warm. It's an inconvenience, but my girls always seemed to think of it as camping without having to go outside. I remember an especially bad storm years ago when we got large amounts of freezing rain. My wife went outside to the mailbox. Before I knew what was happening, she fell, hit her head, and began sliding down the hillside. I tried to help, but the ice on the ground made it too treacherous to keep my footing. Eventually, I stretched out on my belly, grabbed my wife's hands, and slowly pulled until she was back in the driveway where it was safe. Needless to say, this experience taught us both to be extra, extra cautious around any kind of ice or freezing rain. I'm also a survivor of the blizzard of 1993. I was living in Wheeling then. Wheeling was on the receiving end of almost three feet of snow. I was stuck in my house for three days before somebody with a blade could come and dig me out. It was bad enough being stuck for three days, but to make things worse I was stuck all by myself. My wife was in Charleston with both of our girls when the storm hit. All alone for three days. No television. No telephone. Nobody to talk to. I almost went crazy! I'm just thankful that there was plenty of food in the cupboard to ease the pain of the loneliness... I've enjoyed sharing these winter stories with my girls as they've grown up. I'm sure I'll have opportunities to share them again now that I'm a grandfather. Heck, I may even make a few more winter memories in the years to come! So I was wondering. Do any of you have any memories of winters-gone-by that you would like to share?

"Distracted driving is a dangerous and deadly habit on America's roadways." With these words, Transportation Secretary Ray LaHood introduced the first-everederal guidelines for reducing distracted driving. Nearly 50,000, or 5%, specifically involved the use of an electronic devise.  The new guidelines, issued in February, 2012, are the first attempt to address this growing threat. February's guidelines are directed at manufacturers of "light" vehicles--cars, pick-up trucks, SUV's and minivans. For the most part, the guidelines encourage manufacturers to reduce the amount of time drivers are required to spend operating devices within the vehicle.  In addition, they encourage manufacturers to disable certain devices except while the vehicle is in park. Another set of guidelines, known as phase II, will address cell phones, tablets, and other technologies that are not actually a part of the vehicle. It's not clear when the phase II guidelines will be issued. Some states, however, are taking action now. According to the Governor's Highway Safety Association, 19 states already have enacted some form of legislation banning cell phone use while driving. Texting while driving is banned in 37 states. Just last week, West Virginia joined their ranks.  SB 211, which passed by overwhelming majorities, tackles both texting and cell phone use.  Governor Tomblin supported the legislation and has promised to sign it.  When the new law takes effect on July 1, 2012, it will be illegal to text while driving.  This will be a primary offense--meaning that a driver can be pulled over specifically for that offense.  Cell phone use will also be illegal.  However, this will be a secondary offense until July 1, 2013.  Thus, for the first year, police officers will not be able to pull drivers over or issue tickets solely for cell phone use. These are all steps in the right direction.  West Virginia should be applauded for addressing the issue of distracted driving so aggressively.  After all, one of the primary purposes of our legal system is to provide for public safety.  The law must keep pace with technology.  Where, as here, the misuse of a new technology poses a clear threat to our safety on the highways, the Legislature must act.  To its credit, that's exactly what our Legislature did. But that's not the end of the story.  The new legislation will only be effective if there's proper enforcement.   Police officers must be willing to issue tickets to violators regardless of the outcry that may come from a small, vocal minority.  Prosecutors must treat these cases with the seriousness they deserve.  And, where appropriate, judges must impose the authorized fines.   Without enforcement, SB 211 will be reduced to nothing more than ink on a page.  But if all of our law enforcement officials do their part, we'll begin to see a change in driving behavior that will make West Virginia's highways a little bit safer for all of us.

Many people shudder when it's employee review time. Not me. I love employee review day. You might think I'm crazy, and I'm sure some people do, but it is a time to get feedback on your job performance and make adjustments to improve. I know no one likes to hear constructive criticism, myself included, but it's a necessary evil to improve performance in order to be the best at your job. If you do not get feedback, you may be making errors repeatedly and be unaware you are making them. You could also think you are doing a great job when in reality your performance is merely mediocre in the eyes of your employer. While it can be upsetting to hear that you could be doing better in some areas, it is better to know and correct the behavior than to one day be let go because you were not correcting a problem you didn't know existed and now have no opportunity to fix. In your eyes your employer may be wrong in their assessment of you, and you may be right, but they are paying you to perform a service the way they like it performed, not the way you like it performed. I can still clearly remember my first employee review many years ago. I was devastated when I was told my attention to detail could be improved upon. Mind you, that was the only criticism I received. My bonus check was in my hand, my raise was in the bag, they were totally happy with my work otherwise, and all was right in their world. My world, however, was in ruins. I obsessed for days over the one area they wanted me to improve upon and that was easy to correct. Looking back, I laugh at how ridiculously I blew up that one little thing into mountainous proportions. Yes, mistakes are going to happen. Typos will be made. It is not the end of the world. Just try harder and do a better job before the next review. My advice to everyone is to go into an employee review with a positive attitude and look forward to hearing about the ways you can improve your performance, and don't take it personally. It's not. Over the years, I have come to love employee reviews. Do I like constructive criticism any better? Of course not, but I use it to drive me. I want to be perfect. I strive for it. Will it ever happen? Probably not, but I will be better for it and better at my job. I am never complacent.

I have never been a fan of being stagnant. To someone like me, being stale, vapid or simply ordinary is a curse that rivals having no pulse. What I've come to discover, however, is that sometimes you don't know what you don't know. If you are never exposed to the extraordinary, how do you recognize that there can actually be something even more amazing than what you've ever imagined? We are bound by our own experiences and limited by stifling our expectations based upon only what we think we know. Most recently I have realized that my own personal limitations have been defined by not allowing myself to see beyond what I've only witnessed firsthand. It is the equivalent of not comprehending the vast beauty of the ocean because you've only walked by a creek or a stream. I can remember a friend of mine from college, when asked if she wanted to try sushi telling me that she "doesn't like seafood." Recognizing that this was a pretty broad statement, I challenged her thinking. How did she come to this conclusion? Her response... "I used to work at Long John Silvers." Really? She simply didn't know any better and I recall feeling kind of sad at her closed minded vision. I believe that many times in life, you accept your experiences as the gospel and forget to remind yourself that there is, in fact, a great big world out there and that a hatred of seafood shouldn't stem from a summer frying hush puppies. And that if you love the feel of cotton, that cashmere might blow your mind. I just think that we forget. In the hustle and bustle of everyday life, we accept the hand we've been dealt. We start to think that the extraordinary exists only for other people. It is easy to slip into acceptance of the ordinary...or even less sometimes. It's much easier to accept the status quo than to keep searching for that which exists only in our minds, hearts and dreams. But, just as Rhonda Byrne suggests in the book "The Secret", the secret to the law of attraction is that you get what you give, you attract what you expect and everyone's wants needs and desires can be achieved by believing in the outcome. So, what I am suggesting is that by recognizing that there is something more, that there is a more blissful life personally, professionally, socially that you can have experiences far more enriching than you could ever imagine. Critics of this theory may say that having no expectations means you are less likely to be disappointed. I beg to differ. While not every experience will be life changing in a mind altering, out of body experience type of way, the ones that are...the ones that raise the bar for what you deserve in your life are worth the ones that might slightly fall short. These epic types of moments, yes, indeed they are the ones worth waiting for. And, in the meantime, realize that every experience has value. You can learn lessons from experiences on each end of the spectrum. And if you recognize that the extraordinary exists, then you are much less likely to settle for less than what could be and you are appreciative for every person, every relationship, every experience because each one brings value, clarity and understanding. Sometimes, after a lifetime of blurred vision, you get to see clearly. Sometimes a two-dimensional thought process comes alive when considered from a different angle. It may be the difference between seeing a photograph in black and white or witnessing it in color, 1980s television versus high definition, Long John Silvers versus Ahi Tuna Sashimi...you get the idea. All of these things have value, but you don't know what you don't know until you experience it for yourself. And well, then you know, ya know? I've seen one of those quote-y picture things floating around the Internet thatsays sometimes you have to forget what you want and remember what you deserve. While I agree with this sentiment, sometimes what we want (or what we settle for) is far less than what could be because we simply don't even know what is out there. And until you're open to it...you don't even realize what you deserve. I'm still learning this, and every time I discover something that I didn't think possible, and every time I look at things just a bit differently, and right after I am amazed that something that wonderful, that different, that amazing just happened (to me!) I am thankful and blessed and happy to see the bar raised just a slight bit higher in my life. Comments to this blog can be directed to carrie@bordaslaw.com.

Who's your favorite Pirates player of all time? Naming your selection could land you 4 tickets to the Opening Day match-up against the Chicago Cubs on Monday, March 31st at 1:05 p.m. Like our page, share this post with your friends, and comment with your favorite player for a chance to win. The winner will be announced on Friday, March 28th. Good luck - we can't wait to hear your selections! For rules pertaining to all of our contests, please find them here.

Like most of the world, I have been actively following the news stories of the missing Malaysian jetliner. I have refreshed the internet pages of many different news outlets, hoping for headlines revealing new leads, developments in theories, and uncovered clues. I have looked at the satellite images of what could be either debris from plane or merely a cargo casualty, read the interviews with residents of various islands who have reported sights and sounds of what they believed to have been the Boeing jet, and considered the opinions of various experts on the plane's trajectory, and what this could have meant. One type of news report pertaining to this unbelievable story that I have had a much more difficult time reading, however, is the stories about the families of the passengers aboard Flight 370. The families' reactions have been an integral and heavily covered aspect of the missing plane. And rightfully so, these people are real life characters in a situation that seems only possible in a movie, book or television drama series. They have been living for over two weeks with essentially no information as to what happened to their loved ones, or even real clues as to where their mothers, fathers, sisters, brothers, daughters, co-workers and friends have gone. The headlines reveal that family members of the passengers are shocked, devastated, scared, frustrated, worried, and angry. Mothers have wept openly during press conferences. Relatives have protested and put pressure on the government for more answers. Even from an outside perspective, these emotions and reactions are understandable, because these people are living a nightmare. It is nearly impossible, in fact, for me to imagine a friend or relative's reaction to the missing plane that does not involve negative emotions. Thankfully, my imagination does not govern reality. K.S. Narendran's wife, Chandrika, was on Malaysian Airlines Flight 370. Like all of the other friends and family members of those aboard the flight, he continues to wait for answers. Unlike most of the other loved ones of the passengers, and most of the world, however, he has taken a different approach to this limbo. Mr. Narendran has chosen to avoid coverage of the situation, and instead reflect inwardly to cope. He wrote of his thoughts, sharing them first with close friends and family. Eventually, he agreed to share them with the world as well, in an article on CNN.com. Mr. Narendran's words are breathtaking, and exhibit a tremendous amount of strength and faith in the face of an overwhelming situation. He speaks about his wife's goodness, and his firm belief that such courage and kindness must "count for something" in this situation. He explains that, "with every passing day and each fragment of information that comes in, we revise the narrative strung together, and articulate the new set of perplexing and urgent questions that inevitably come up." He acknowledges that, as individuals, we can do little but wait patiently for information that will help bring final answers. Finally, and perhaps most impressively, Mr. Narendran recognizes that his reaction is his alone, and that he does not claim it to be a superior method of dealing with this situation, nor does he attempt to convince others that it is the proper coping mechanism for them. His words are not judgmental or divisive, they do not admonish or preach. He does not chastise those relatives who have been outspoken about their anger or grief, or those who have been vocal in their search for answers. He articulates his innermost thoughts and emotions on what must be the most deeply personal tragedy he has ever encountered, with no motive other than to share his own experience, with both those who can understand what he is going through, and those who cannot. As K.S. Narendran himself suggested, his words may not be for everyone. I, for one, find them to be a moving reminder of the power of faith, peace, and inner strength, and how sharing these calming and positive sentiments in a candid and sincere way can place a new perspective on even the darkest and most difficult situations. I will keep his words in mind as the news about Malaysian Flight 370 continues to unfold, and remember that what is really at stake in this story is not about proving or disproving theories, but about bringing truth and closure to those whose lives have been deeply disturbed by this troubling situation.

Thankfully, we are now through the main construction season on most highways. Unfortunately, some of the construction on our interstates and even some of the secondary and state roads continue throughout the winter. It seems to be a never-ending battle to avoid construction jams and messes along the interstates in Ohio and West Virginia. Pennsylvania seems a little better than the other two states. In considering the great volume of trucks that travel along Interstates 70, 64 and 79 in this area, I must remind you again as I did in a previous blog that there are a number of items that you should be aware of. First, remember when approaching trucks that they have blind spots that are bigger than the blind spots that we have on our motor vehicles. Remember that it takes a loaded tractor trailer substantially more time to brake and bring the truck and trailer under control than it does your passenger automobile. Remember when you're passing a tractor trailer to give plenty of warning to the tractor trailer that you will be passing and to do it in a prompt manner so as to lessen the danger of the truck coming into your lane. Many tractor trailer operators have been driving more hours than they should and carrying heavier loads than they should. Many of you may recall that there have been a number of articles written on the effects of lack of sleep on drivers' abilities to safely operate their trucks. Some of the authors of these studies have likened lack of appropriate sleep to a person driving while under the influence of alcohol. Certainly both drivers are impaired to one degree or another and we should be cautious around these tractor trailers. Under the Federal Motor Carrier Safety Regulations, a trucking company must make sure that their driver is physically qualified to drive a commercial motor vehicle. The drivers of these tractor trailers must have completed Driver's Road Test and been issued a Certificate of Driver's Road Test in accordance with the federal regulations. While the trucking companies are required to provide medical examinations and certificates of physical examination in order for the drivers to operate these trucks, based on my experience handling cases against various trucking companies, I am not at all convinced that these regulations are always abided by. When speaking of motor carriers and tractor trailers, one of the problems that I find most often with tractor trailer crashes is that the vehicle is not in appropriate working order. There are problems with the steering mechanisms, the tires, and oftentimes and unfortunately, the brakes. While this should not be the case based on the very stringent laws that have been enacted to protect the motoring public, it continues to be an issue. Every motor carrier requires its driver to report in writing the work completed on each vehicle at the completion of each day's work. The report should cover at least the brakes, steering mechanisms, tires, horn, wipers, wheels, rims, emergency equipment, etc. The report should also require the driver to make sure that he is satisfied that the motor vehicle he is operating is in safe operating condition before he drives the vehicle. It is also incumbent on the driver operating the motor vehicle to make sure that the last driver's vehicle inspection report was reviewed. It is also imperative that the brakes be inspected by qualified and competent brake inspectors on these big tractor trailers. It is the duty of the motor carrier to ensure that all inspections, maintenance repairs, and servicing the brakes of its commercial vehicles are performed in compliance with the Federal Motor Carrier Safety Regulations. The inspectors have to be capable of performing the brake service or inspections by reason of experience, training, or both. This means that the inspector has to have successfully completed an apprenticeship program sponsored by a state or federal agency or labor union or training program approved by the government. I can't recall a wreck with which my firm has been involved over the past 40 years that we didn't find that there was some issue with respect to unsafe brakes or driver fatigue. The long and the short of this blog is to make the motoring public aware that in spite of the fact that there are strong federal regulations in place to attempt to protect the public from unsafe tractor trailer rigs and unsafe drivers, drivers and companies still oftentimes violate the regulations and unfortunately put the motoring public at risk. The purpose of this article simply is to tell those of you who frequent the highways in this area to be extremely cautious because you are not only faced with tractor trailers that may have faulty brakes, steering mechanisms and tired drivers, but you also have changing road patterns due to the incredible amount of construction that seems to go on in the tri-state area. Of course, many of you who live in Ohio, Marshall, Brooke and Hancock counties in West Virginia and Belmont and Jefferson Counties and the surrounding counties in Ohio know that one of the most dangerous areas is the Wheeling tunnel, traveling east or west where the lanes change from two to one without a whole lot of warning. There are a number of times we have had traffic jams and tie-ups inside the tunnel that would back the traffic up causing the tractor trailers that had been traveling in excess of 60 mph to come crashing into the rear of an unsuspecting motorist causing significant injury or death. Do what you can to try to avoid being near the path of a tractor trailer. That path can become dangerous for some of the reasons mentioned above and do what you can to help protect yourself.

Last year my daughter Stacey was diagnosed with multiple sclerosis. The bottom of my world literally dropped out from beneath me. The thoughts going through my head were many and varied. Why her? Why now? She's my baby girl. This is not real. She has children to care for. What do I do? What can I do? My initial horror of the thought of multiple sclerosis stems from my ex-husband's mother, Mary,* who died of some form of MS when she was 54. I remember it vividly. The horror of her life as she slipped away has been at the forefront of my mind since my daughter was diagnosed. Mary had to have a stomach tube put in because she could no longer swallow. She was totally bedridden because all of her muscle function was gone. She could not speak clearly and it was very difficult to understand her in the last year of her life because she no longer had control of her vocal cords. Although I come from a faith-filled family, I can't seem to stop the uncontrollable thoughts of how Mary died from passing through my mind when I think of my beautiful daughter, the mother of five children ranging in ages from 14 to 9. I keep telling myself that technology is so much better today than it was back then. I would feel better about that had Stacey been diagnosed in a timely manner. She was having different symptoms for different things and ended up having multiple surgeries before a definitive diagnosis was made. The terrible thing about MS is that it can mimic other diseases, so every other disease that Stacey may have had had to be ruled out first. The testing that had to be done was unimaginable. I have gone around and around trying to figure out how Stacey could get MS. Is it hereditary? Was it because she was premature and something didn't develop right that opened the door for a future diagnosis? Was it something I did or something I ate while I was pregnant? Was it other environmental factors? In this particular instance, I don't know the answers to these questions. What I do know is that I hate that there is no cure for MS. I hate that I am helpless. I hate a lot of things about this whole disease process, but I love my daughter to the moon and back and I'll do whatever I have to do to help her. For Stacey, symptoms come and go. Some days are better than others. She is being proactive and getting more exercise to stay healthy. To that end, she and I are participating in a Tough Mudder in May in Mansfield, Ohio, may God watch over us! The stronger she is, the longer she'll stay healthy and active, and I am going to be there to help her. There is also the plus side that giving back to the Wounded Warrior Project is way better than giving in to this terrible disease. So on May 17 th, please offer up a prayer for my daughter and me as we tough it out at the Tough Mudder. We may not win any awards for our physical prowess but we'll be together and raise money for a wonderful cause. *fictitious name