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

Many of our readers may have an interest in what really happens in lawsuits before juries and some of the things juries are not told by the courts and lawyers because they are prohibited at trial from doing so. Along these lines is an editorial printed in the Charleston Gazette written by Robert Angelone, an economist from New Jersey, who tries to clean up some of the "unknown." Our firm has linked to this story for your viewing. We hope you enjoy it. If you do not have time to read the entire article, I will provide you with some highlights. First, people who are injured and file lawsuits are almost always required by the courts to undergo so-called "independent medical exams." These exams are bought and paid for by the insurance industry with the insurance industry usually using the go-to industry doctors. They don't treat patients. They conduct exams and write reports that are almost always favorable to the defense. These doctors are almost always paid thousands of dollars for a single 15-minute exam and report. The real purpose in obtaining and hiring these doctors and putting the reports in evidence or calling the doctors is to limit the amount of damages or the amount of recovery that the injured party may receive from a fair jury. Next, one of the items that the article didn't mention is the fact that oftentimes the defendant who is sitting with counsel in a case brought by an injured victim of a negligent automobile driver has already settled with the plaintiff. The plaintiff is then bringing a suit solely against his own automobile insurance carrier. The unfortunate thing is that juries are not allowed to be told the true nature of the case because of the way the state legislature has structured that part of the law. That is, the injured party sits in the chair with the defense attorney acting as if his estate and his assets are at risk when in fact he has already settled. The insurance company's money is on the line, not the defendant's. Some people, including many of our lawyers, feel that that is a fraud on the court and a fraud on the jury and should be stopped.

In the midst of the recent government shutdown, a story emerged that a group of people receiving welfare through the "EBT" program unexpectedly found that their EBT debit cards suddenly had no limit. The computer glitch allowed these individuals, who are dependent on food stamps to live, to go to Wal-Mart and fill up carts full of groceries to take home. A commentator, titling his article " The Louisiana Heist " described the scene this way: There was no food left on any of the shelves, and no meat left. The grocery part of Walmart was totally decimated." One man even managed to spend $700. This was certainly a windfall for these individuals, as food stamps ordinarily provide just a modest allowance of $100.00-200.00 dollars per month per person, and are available only to Americans with incomes below $20,000.00 for a family of four. The author of one editorial angrily demanded the arrest and prosecution of these scoundrels with their full grocery carts, saying: "This was theft, pure and simple, and its perpetrators should be treated as any other thief would be." Many news outlets presented this situation as an incident worthy of national attention and anger. The New York Daily News, more than a thousand miles away, called it " chaos." Another outlet called it an " outrage." The editorialist quoted above called it a "serious moral issue." And our society agrees. Welfare fraud is prosecuted aggressively in the United States, often resulting in prison sentences and fines in the tens of thousands of dollars for perpetrators. To take one example, an impoverished woman who qualified for the benefits because of her low income, but failed to disclose prior drug charges, earned a three-year prison sentence for receiving food stamps unlawfully. An unfortunate woman with two disabled children who had an on-and-off father received a felony conviction and prison time for claiming extra money. Another man received a one year sentence based on his failure to disclose that his wife lived with him. Even if the perpetrators of the Wal-Mart EBT shopping spree are able to avoid lengthy prison sentences, they doubtless face fines for the value of what they received, a criminal record and the loss of benefits and concomitant difficulty surviving. Those who called for their prosecution are sure to get their wish, in other words. Of course, there are other "outrages" in the United States these days. For example, a few years ago, through gross mismanagement and stunning avarice, the corporate leadership of a dozen or so large banks nearly destroyed the United States economy. Lehman Brothers, although certainly not the only offender, was among the worst. Some of the top bankers were drawing salaries in the tens of millions of dollars while they lead their banks into bankruptcies and bailouts. The bankruptcies in turn led other banks to the verge of collapse or collapse itself and taxpayers were compelled to bail these institutions out with billions and even trillions of dollars. As a PBS investigation soberly put it: "According to a team at Bloomberg News, at one point last year the U.S. had lent, spent or guaranteed as much as $12.8 trillion to rescue the economy." Thinking back to the poor fellow with the $700.00, grocery-laden carts at Wal-Mart, these bankers cost us enough to pull that "Louisiana Heist" eighteen billion times. In other words, these bankers took enough cash off the U.S. taxpayer to buy a truckload of groceries for every human being on earth and enough more to do it over and over again. Mortgage lenders, likewise earning hundreds of millions, if not billions of dollars, entered into fraudulent loans by violating well-established laws and responsible practices in order to line their pockets with money that working people had earned and entrusted with them when they realized their loan products were "toxic assets." They sold them off to unsuspecting pension groups and various government agencies, infesting the modest retirement accounts of our nation's working people and elderly with worthless securities. One of the worst malefactors was Goldman Sachs who deliberately led their own clients to purchase assets they knew to be worthless so that they could make even larger profits betting the other side of the market to enrich themselves. These people are responsible, not only for the theft of the billions and trillions of dollars they paid themselves to do this to the United States of America, but also for five years of recession and sluggish economic growth, including the most massive unemployment the United States has seen since the 1930s. The total loss to the people of the United States of America as a result of these actions of perhaps a few hundred, or at the most a thousand elite bankers, hedge fund managers, and their accomplices in the Treasury Department, is many trillions of  dollars. In contrast to the "EBT shopping spree" perpetrators, the people who stole billions and trillions from America are not going to jail. Few if any of them have been criminally prosecuted, and likely no more of them ever will be. Moreover, only one or two of them have been made to give back any of the money they stole from coal miners, fireman, police officers, secretaries, school teachers, waitresses, and every other American who has suffered as a result of their astonishing greed. Fines have been a few millions of dollars, a tiny fraction of what was taken. But that's not all. Not only have these individuals escaped any criminal prosecution, and not only have they been allowed to keep all the money they stole, they've all kept their jobs or been shuffled around to different ones in substantially the same positions. And they are all doing it again. That's right. The same people who led the entire economy to its biggest defeat in a century are still in command. It's as though General Custer was promoted after leading his troops to the massacre at Little Big Horn. And if you think they might be doing a better job this time because they've learned their lesson, watch out. They've learned their lesson, but it's not the lesson you think they've learned. They haven't learned to avoid taking spectacular risks with other people's money. They got paid for that. They haven't learned to stop defrauding their customers and investors and regular Americans because they got paid for that too, and they haven't learned that their actions which brought the economy to the brink of utter disaster need to be avoided at all costs in the future. They got paid for that, and paid well. The last few weeks, while the government was shut down, regular people suffered, veterans lost benefits, children with diseases lost chances to get treatment, medical research was delayed. That didn't stop the shutdown. When the debt limit deadline was approaching, rich Wall Street bankers felt threatened. And they got what they wanted, unlimited access to taxpayer money to fund their lifestyles. What this cadre of corporate criminals have learned, first and foremost, is that their wealth, and their influence in our political system allows them to get away with anything. That's the lesson we taught them. But those poor food stamp recipients with their "six to eight carts full of groceries," that's a real outrage - that's a "serious moral issue." Let's get right on top of those poor people walking out the front door with food to eat, while we ignore the bankers walking out the back door with all the money in the world. Meanwhile, in Ohio, the government is prosecuting a woman with mental health issues who took $2.87 from a fountain that people throw coins into. The prison taxpayers will pay to keep her locked up has been privatized. Thousands more of your dollars shipped to Wall Street over the moral issue of this woman taking three coins from the fountain. The moral: If you steal, be sure to steal at least a billion dollars.

Another school year has started again for thousands of children in the Valley. As all parents and grandparents know, there is nothing more precious to us than our children. I love seeing children with their mothers waiting for the school bus in the morning, talking to their buddies, holding their mother's hand and waiting for the bus dressed in their new school clothes with their new book bags and waiting to meet new friends and engage in new activities in school. When I was a child, I loved going to the store to pick out the new notebooks that I would be using in class with my favorite action adventure hero, sports star or movie hero on the cover. It was great fun getting new pencils and crayons and going shopping with my grandparents to get new shoes and clothes that I would be wearing for the first time the first week or two of school. Although I was not then particularly fond of school itself, I was very excited about starting a new year and seeing the friends I missed over the summer and meeting new friends. I am now blessed with having a number of grandchildren attending preschool, kindergarten, first grade and fifth grade. My wife was excited about buying the grandchildren new clothes and was excited to see how they reacted to the clothes she purchased. Of course, I think my grandchildren are the cat's meow and I am excited when they are excited. I am happy when they are happy and sad when they are sad. At this point in their lives, most are excited about the start of school although disappointed that summer is over. A lot of us look forward to being parents from the time we are children. We all  take pride in and celebrate the birth of new children - their parties, receptions, baptisms, hospital visits, guessing games as to when a child may be born and the weight and the length of the child. We recently experienced the great wait in England for the Prince's child to be born. The pregnancy and birth were chronicled by newspapers worldwide. Most of us saw television coverage of the announcement with the Brits cheering and celebrating the birth of a new royal. In America, we all feel that our children and grandchildren are royalty and we likewise celebrate in our own ways the birth of children. For males, for the babies of former football players it's another football player. A football is oftentimes one of the first gifts given to a newborn baby and in some places like Massillon, Ohio a football is placed in the crib of every newborn. Mothers who have newborn daughters begin planning their daughter's wedding from the time the little girls are first born. For Christians, the baptism of an infant is a very special and meaningful event and one that is celebrated by family and friends. In Italy, the celebration of baptism sometimes goes on for several days with a carnival-like atmosphere. With the school year in full swing, we as adults need to be particularly mindful of a number of safety concerns. First, we need to remember that there are school kids walking along the sidewalks, waiting for busses and crossing the streets. In some cases, older kids are driving cars to and from school. What this means is that it is very important that we all take extra precautions to drive more carefully, to pay extra attention to the traffic laws and to remember that children are sometimes like deer - one or two will cross the highway and if they do there is likely to be another following behind. Children are reckless and do not appreciate danger the way that adults do. Teen drivers do not have the patience, experience and attention that many of the rest of us do and therefore can be a problem while driving. They are oftentimes running late for classes and do things that many of us would consider reckless and stupid. Not that we do not do those dumb things ourselves - it just seems they are more prone to do these things at their young age. Over the years, my law firm has represented a number of children and parents of children who have been horribly injured and some even killed by the reckless conduct of adults who have failed to obey the speed limits and other laws that would have protected our school children. I have experienced some of the saddest moments in my legal career in talking to the parents of children who have been crippled or killed because someone was not paying attention when they should have been. Some of them had their children injured because a driver was late for an appointment, had not gotten enough sleep or decided to speed around a stopped bus and caused the injury or death. With the knowledge that we need to pay particular attention to the kids who need to be protected from themselves, drivers should be aware that there are harsh fines and penalties for people violating their driving responsibilities. As we all know, driving is a privilege that carries with it a number of responsibilities. We, as drivers, are responsible for our actions. We have choices to make. The primary choice to make is to obey the laws of the road. There are a number of requirements and obligations that a driver's license holder needs to be aware of in order to maintain the privilege to operate a motor vehicle in West Virginia. We all should be constantly aware that the injury to children can be reduced by a number of steps taken. Under no circumstances should an infant in a rear-facing safety seat be placed in the passenger seat. There is a very high risk of injury or fatality to children who are placed in this situation. Even if the airbag is shut off or  there is no passenger side airbag, the safest place for children twelve and under is the rear seat. I think based on experience I have had in auto accidents involving injury and death of children and others, the best place in the car may be the middle of the rear seat. All children should be belted. The reason I like the middle seat is because the front seats in vehicles sometimes collapse in rear-end impacts. This could crush legs and other body parts. If for some reason a person must place a child in the front passenger's seat because there is no other mode of transportation, then a number of steps should be taken. First, the child's safety seat should be forward-facing and the child should be properly secured in the seat. The passenger's seat should be pushed all the way back to maximize the distance between the child and the airbag. This is in spite of the fact that it is strongly recommended that all children twelve and under should be buckled and placed in the rear seat. There are also considerations that we should be occasionally reminded about. They are as follows: 1. Never leave your keys in the car or ignition. 2. Avoid parking in isolated areas with little foot or auto traffic. 3. Try to keep your car in good running condition and make sure you have enough gas to get to and from your destination. 4. Do not leave your children in the car. 5. West Virginia law mandates that children up to the age of nine must be properly seated in a federally approved child safety seat. The child safety seat must be used for children up to the age of three years. Although the use of a safety belt was formerly legally sufficient for children three years of age and older, that is no longer the case. Children receive the best possible protection by continuing to ride in a safety seat or booster seat until they outgrow them. For more information about the topic of child safety seats, call the Governor's Highway Safety Program at 304-558-8814 304-558-8814. Most of our cars have head restraints that are designed to reduce whiplash injury in rear end collisions. If your head restraints are adjustable, they should be positioned to fit against the back of your head, not your neck. All new model cars have factory-installed seatbelts in them. It is required that front seat passengers wear seatbelts. I recommend that backseat passengers where seatbelts at all times. It has been my experience and it is also reported in the literature that the majority of those killed in automobile collisions were not wearing seatbelts. It is also important to know that both the driver's seat and front passenger' seat should be slightly tilted backward with as much distance from the air bags and the dashboard as possible. This will allow room for the airbag to deploy before making contact with the front seat occupants. Most of us have read (as if we didn't know) that flooded roadways are hazardous to drivers and passengers. I have seen firsthand what happens to people who attempt to drive across a flooded roadway. As incredible as it may seem, it is reported throughout safety books and governmental documents that as little as six inches of water can float much larger vehicles while two feet of water will carry most vehicles away. Once the vehicle floats off the roadway into deeper water it  may roll uncontrollably while filling up with water, trapping the driver and all passengers inside. Unfortunately in the United States, motorists trapped inside their vehicles accounts for half of all flash flood fatalities. This is because the victims drive their vehicles directly off the edge of the road without knowing that the road is no longer there. Flooded roadways are especially dangerous at night when it is much more difficult to recognize flooded conditions. If you are caught in a situation where there is water on the road and you are in a flooded area and your vehicle stalls, leave the car immediately and seek higher ground. It is better to be wet than dead. In the Northern Panhandle we must share the roadway with trucks. This has become a big problem with tractor trailers hauling water and equipment to various fracking sites. It is good to remember that although trucks should be driven by trained, specially licensed drivers, that is not always the case. Since we must share the road with heavy trucks, we should be aware of certain things. 1. A fully loaded tractor trailer like the ones that we see traveling Interstate 70 at 55 mph (most travel in excess of 65 mph) needs three times the distance a car needs to stop. 2. Trucks are more difficult to maneuver. They are longer, heavier and require much more room to turn. 3. Trucks have larger blind spots. Particularly, the larger the vehicle the larger the blind spot. While talking of trucks, some of the basic things we all need to be reminded of is to not underestimate the size or speed of a truck. Do not slam on your brakes in front of a truck. Try not to cut off a truck in traffic or on the highway to reach your exit. Pass the truck on the right during a turn. Since this article is being written shortly after the start of the new school year and before Halloween and in large part in an effort to attempt to protect our school age children coming and going from school and trick-or-treating, we should all remember to pay particular attention to school busses and the rules of the road. On an undivided highway, that is one without a median, traffic in both directions must stop at least 20 feet from the stopped school bus that has its red lights flashing. You must not pass a school bus until the lights are turned off or the bus starts moving. Most school busses are equipped with the arm with a stop sign that comes out from the driver's side that reminds us not to pass. Sometimes people  get impatient, thinking that all children have safely entered or exited the busses and crossed the road and then drive around the school bus. It is those situations that oftentimes cause very serious injury or death to children. You should also stop for a school bus which is receiving or discharging students on school property or private property. If someone fails to follow this rule, the fine for passing a stopped school bus is a minimum of $50.00 and can be up to $200.00. I think that's even been raised in recent months. While talking about fines, I think it is important that we all should be aware of the point system in West Virginia. The majority of states have point systems. In West Virginia and Ohio the Division of Motor Vehicles has a point system to identify and control drivers. The states maintain a continued record of your driving conduct from the day of your first conviction for a moving violation of a traffic law. In most states, the DMV will send you a letter of caution when you have six points on your record urging more careful driving and obedience of traffic laws. If you are unfortunate enough to reach 9 points, you will be required to complete a driving improvement questionnaire. If you go on to accumulate 12 points or more on your record, your driver's license is subject to suspension. The violations that accumulate the most points - not counting DUI or driving without a license - are as follows: 1. Speeding over 80 mph in a 65 mph zone - 6 points 2. Speeding in excess of 75 mph in a 55 mph zone - 6 points 3. Speeding in a school zone - 6 points 4. Passing a stopped school bus - 6 points 5. Reckless driving - 6 points It is important to know that most states are participants in the non-resident violator compact. This is an agreement among various states to allow motorists to accept a traffic citation for certain violations and proceed on their way regardless of whether the driver resides in that jurisdiction. Each member agrees to suspend a driver's license of its own citizen who failed to comply with the terms of the traffic violation committed in another state. You should also know that traffic violations received while driving in another state will most likely become part of your West Virginia driving record. Most states exchange driver violation information with each other and points will be assessed for out of state traffic violations. If you are convicted in another state and the offense is grounds for license suspension or revocation, your West Virginia driver's license may be suspended or revoked as well. When I consider my own failure at times to act appropriately while driving, I recognize it was most often because of impatience or inattentiveness. It is reported that most bad driving habits result from laziness, impatience, inattention, arrogance and ignorance. If you find yourself exhibiting any of these bad driving habits you really need to work to eliminate these habits for the protection of yourself, your family and others. I think after having seen the hundreds if not thousands of people we have represented over the years at this law firm and seen the physical pain and grief suffered through the loss of lives, the money spent on medical bills, the lost wages that people suffer and the inability to do the things that they could formerly do, and the destruction of lives, it seems that it is a small price to pay to try to obey the laws. Let's all work hard together on trying to be especially careful driving by school busses and in places where children can be expected to be walking, playing, etc. We might not get to our destination quite as fast as we would like, but we may save a life and at the very least will feel better about ourselves. Remember that Halloween is right around the corner and many kids act the way we did as kids. That can be a scary thought. We have to be the adults and protect our children from themselves.

Halloween is finally upon us, and trick-or-treaters will soon be knocking at your door. Piles of candy and amazing costumes make October 31 st a night of fun and excitement for so many families. However, as you take your children house to house, it is best to be informed of any potential dangers within your area. The Belmont County Sheriff's Department has gone the extra mile to help with this. For the citizens of this county, Sheriff Dave Lucas has created a sex offender registry website for easy access. This website will allow a user to determine if there are any sex offenders living within their neighborhood. It is important to note that, if you register, this website will also notify you of any future sex offenders that move into your neighborhood. Ohio residents living in other counties can obtain comparable information through the Ohio registry here. With this helpful information, parents can plan a safe trick-or-treating route for their children. If you don't live in Ohio, there are similar options available to you through your own state. For instance, West Virginia State Police has provided a sex offender registry where you can search for information county-by-county. Pennsylvania has also created a statewide registry. At Bordas & Bordas, we love celebrating Halloween! We also love our kids and want to make sure all parents have the right tools to keep their children safe. Although not all the offenders listed on these websites should be considered a risk, it is important to be aware of your surroundings. These suggestions are meant to encourage parents and guardians to be as informed and safe as possible during this holiday season.

So next weekend I'm participating in Dancing With the Ohio Valley Stars. I'd be lying if I said I'd jumped at the opportunity. In fact, my first thought upon being asked involved flying pigs in a frozen Hell. After all, I don't know anything about dancing. I've never watched the ABC show and can't tell a Rumba from a Roomba. Plus, I'm not exactly built for speed when it comes to the dance floor. "Break a leg" is a phrase probably closer to prophecy than favor when it comes to my natural acumen, or lack thereof, as a dancer. But when it was explained that the event is a benefit for the Augusta Levy Learning Center, I quickly reconsidered and agreed to step way out of my comfort zone. After all Augusta Levy is a wonderful organization providing a host of valuable services for needy children. I know several who have benefitted from the organization's offerings, and I really welcomed the chance to participate for such a noble cause. As far as my being asked to participate, I still can't help but think that somebody on the selection committee must have lost a bet. I keep flashing back to Steve Carrel's character in "Dinner With Schmucks". But the flyers are printed, so they're stuck with me now. For the past month, I've spent at least as much time in close physical contact with a girl half my age as I have with my wife. Under different circumstances, this kind of behavior would promptly land me on the street, with only a pile of my burned clothes to call friend. But fortunately for me, my wife, Jessica, has once  again shown supreme patience and support, as she has continuously demonstrated since we first met. She's good like that, particularly when it comes to supporting the important work organizations like Augusta Levy do to change lives every day, and I will always love her for it. Practice itself has exposed me to an entirely new culture I never had the opportunity to really appreciate before. My partner, Devyn Stidd, is a dance instructor at Take a Bow Dance Studio, located in Moundsville, and she and the other instructors have definitely brought me a deep appreciation for dance as art. Devyn, owner Chelsea Loy and instructor Caleb Cooper, have also shown supreme patience and support in getting me as stage ready as possible. It is apparent that they have all invested a tremendous amount of time, effort and discipline in their craft to perform at such a high level and they are all outstanding choreographers who have put together some really engaging and lively routines for all us civilians. I've really enjoyed watching the things the Take a Bow instructors and their students can do. The strength, flexibility and control on display at Take a Bow has been amazing to watch and, in addition to my partner Devyn, I greatly appreciate the support and instruction Caleb and Chelsea have provided me, even though they have their own partners to worry about. It's always tough at first to work closely with strangers, especially on something like dancing. But Devyn and everyone else at Take a Bow  has made me feel right at home and made this a much more enjoyable experience than I could have imagined when I came on board. The other part of practice that has been really great for me is that I've gotten to spend a good deal of time with my fellow contestant, Liz Hofreuter-Landini. I've known "Mrs. H-L" for a several years now through her outstanding work as Head of Wheeling Country Day School and have long admired her philosophies and dedication to education. And let me tell you, Mrs. H-L has brought all of her talents to this competition and she and her dance partner have cooked up a really dynamic routine. So here we are, with only a few days to go before the big night on November 2, 2013 but still a good deal of work to complete. I have to say I'm really looking forward to "performing" at the Capitol Theatre, even if it's not exactly in the way I've always dreamed about. I absolutely love everything about the Capitol, even though my track record there isn't so great. In fact, I think the last time I performed on the Capitol stage was as an 8th grader in the Linsly Extravaganza, when I delivered a badly off-key rendition of Blowin' In the Wind that basically tanked a quartet performance that included country music superstar Brad Paisley (fortunately Brad somewhat recovered). While dancing is certainly not the platform to provide me with any hope of redemption for that performance, my fingers are crossed that it can't be any worse. After all that's the beauty of setting the bar so low, or at least I hope so anyway. But I know everyone involved in putting on this event, from Augusta Levy Director Kathy Shapell to WTRF Promotions Director Jessica Rine to all the dance instructors and civilian participants, has worked very, very hard to deliver a memorable event. So I am hoping for a great turnout on Saturday night, to benefit a great cause and enjoy a fun-filled event. All in all, I have to say it's been an enjoyable experience for me and, while I don't know that I'll be rushing off to ballroom dance classes after this, I am glad I decided to trade my initial reservations for dancing shoes. And lest anyone be concerned, I will not be twerking at any point during the competition (my partner won't let me!). Hope to see you all there.

After the death of my yellow lab, Otis, I couldn't stop feeling like something was missing in my life. I started looking for another lab to help fill the void. My son Ben's chocolate English lab, Stubby, had died a couple of years before Otis died and he was also suffering from "lab loss". You see, once you've had a lab you become addicted and have to have your lab fix. Ben asked if I would consider getting an English chocolate lab like Stubby. And so my quest began. I regularly checked lab rescue sites on the internet and asked my dear friend Barb Scanlon at the Marshall County Animal Rescue League to be on the lookout. Every time I located a rescue dog that was what I was looking for I was too late. You see, every rescue organization has its own application . By the time they call your references, talk to your vet and sometimes do a home study someone else would have been approved and gotten that dog. My disappointment was growing and I started to feel like a bad parent. Maybe this was harder than fostering a child. I then started contacting breeders to see if they had any adult dogs they were retiring or weren't suitable for breeding. My search of the states east of the Mississippi turned up no leads. I finally told my husband that I was giving up the search, that It must not be the right time and that when it was the right time my dog would find me. Fast forward six months. Corey Pietranton and I flew to High Point, North Carolina, to buy furniture and fabrics for the law office the firm is opening in Moundsville. At the end of one of the days there I returned a message from a breeder who I had spoken to last spring. She had an English chocolate lab that she was retiring from her breeding program. She lived in North Carolina less than an hour and a half from High Point. Corey hates to fly so she was all for driving home. I showed up at the breeder's with a collar, leash, 2 bowls, treats and a jug of water, I hadn't met her yet, but I knew my dog had found me. Her name was Caroline. She rode most of the way home with all 68 pounds of her in my lap. I got more kisses than I had gotten on those early dates with my husband. When we stopped at a travel plaza for a quick dinner Corey was in the bathroom with the right side of her face lathered up like she was going to shave. She's not a dog person and every now and then Caroline would lean over and slurp the right side of her face. She refused to let me drive for fear Caroline would be in her lap. The next day my husband came back from a trip to Oglebay Park with Caroline and told me that I had hit the jackpot and found a dog that was sweet, obedient and was fun. That afternoon as I watched her play football and swim with my grandson and his friend I thanked God that I had been patient enough to wait for Caroline. She quickly made everyone at the office feel like she loved them best. She likes to spend a lot of time with Corey. She is determined to turn her into a dog person. Sometimes we pray for things to happen and are disappointed when they don't. God does work in mysterious ways. He has a plan. So keep praying for what you want. After all, my dog found me!

As Forbes magazine recently reported, nearly half a million people die each year from preventable medical errors. The Forbes article relies on a study recently completed by the highly-regarded Journal of Patient Safety. In the words of Forbes, new research techniques have allowed investigators to identify "killer errors in hospitals" and to locate "where the bodies are buried." As Forbes notes, it's bad enough that these inexcusable errors result in the deaths, every year, of the population of Pittsburgh plus the population of Wheeling, but hospitals are actually profiting from these mistakes by collecting revenue driven by the extra treatment these "killer errors" cause. Perhaps most shockingly, there are known steps to reduce the rate of these killer errors, but many hospitals chose not to adopt them and, instead, hide their true error rates. I agree with the author of the article that it is long past time for the public to demand accountability from the healthcare industry, its insurance companies, and their harmful lobbyists. If you, a friend, or a loved one has been harmed by the misconduct of a doctor, a hospital, or a nursing home, we would be honored if you allowed us the opportunity of providing you with a free consultation to discuss your case. While all cases are different and there are no guarantees based on past results, the attorneys at Bordas & Bordas have achieved numerous significant verdicts have obtained numerous favorable settlements on behalf of families victimized by the misconduct of healthcare providers.

Despite various efforts to turn the housing market around, 10.8 million homeowners remain underwater (meaning they owe more on their mortgages than their homes are worth), which represents 22% of all mortgages in the country. While policy makers continue to butt heads on how to respond to this huge drag on the economy, homeowners continue to suffer. Lower interest rates have not had the desired impact as underwater homeowners are generally unable to refinance at recent low rates. Putting aside for a moment the question of a political remedy, how did millions of American homeowners find themselves underwater? Yes, economic forces and a decrease in housing prices can explain part of it (but even these forces were driven by over-lending, many might say predatory lending, that was so prevalent over the last decade). However, many regions, especially those that were already economically depressed, including locally (at least until very recent times), did not see the large run-up and subsequent collapse of housing prices. Yet, under water mortgages are still prevalent. This is particularly troublesome in West Virginia where lenders are prohibited from making mortgage loans in excess of a home's fair market value. See, W Va. Code § 31-17-8(m)(8); § 46A-4-109(5)(F). Accordingly, if housing prices have not declined and lenders are prohibited from extending loans over fair market value, why are thousands of West Virginians under water? The answer is often found when the homeowner's mortgage loan is closely examined. Our litigation experience has shown that national lenders cultivated relationships with local appraisers through the allure of repeat business. In exchange for making a lenders preferred provider list, appraisers were subject to considerable influence to return appraisals with high enough values to close or even increase loans to homeowners. This influence was often in-artfully accomplished through providing target values to the appraisers directly on the appraisal order form. In Brown v. Quicken Loans, a case tried by Bordas & Bordas, the Ohio County Circuit Court determined that such a practice is contrary to the common law and consumer protection statutes of West Virginia and found "o legitimate purpose is served by providing an appraiser with an estimated value of a property. The only purpose could be to inflate the true value of the property." This finding is hardly surprising and undoubtedly correct. While this practice was common in years past, it was never appropriate. As early as 2005, federal regulators jointly issued an "Interagency Statement" condemning this conduct, "...the information provided should not unduly influence the appraiser or in any way suggest the property's value. Because of widespread non-compliance with the Interagency Statement and litigation by the New York Attorney General, the industry in 2009 implemented the Home Valuation Code of Conduct, which prohibited lenders and their appraisal management companies from "providing to an appraiser an anticipated, estimated, encouraged, or desired value for a subject property or a proposed or target amount to be loaned to the borrower." But after the near collapse of our financial markets, the industry could not be trusted to regulate itself. The United States Congress then stepped in to put a stop to various nefarious lending practices, including influencing appraisers. The culmination of these efforts was the Dodd-Frank Wall Street Reform and Consumer Protection Act signed into law by President Obama on July 21, 2010. Pursuant to 15 U.S.C. § 1639e(b)(3), Congress expressly prohibited financial institutions from "seeking to influence an appraiser or otherwise to encourage a targeted value in order to facilitate the making or pricing of the transaction." See also, 75 Fed. Reg. at 77457. Unfortunately, this federal law only applies prospectively and does nothing to  remedy the past indiscretions of lenders and appraisers. However, West Virginia was a head of the curve and has long prohibited this conduct. In fact, when a state licensed lender willfully makes a mortgage loan in excess of a residential property's fair market value in West Virginia, the price when caught is steep - The court may cancel the loan, meaning it does not need to be repaid and all prior loan payments may need to be returned to the homeowner. Homeowners are further entitled to have their attorney fees paid by the lender. So is your home underwater? Should you explore your legal rights? It is difficult for the average homeowner to accurately value their home, particularly when it was purchased many years ago. Often, the only valuation we come into contact with is from our mortgage lender. However, these appraisals or valuations, especially those obtained prior to 2010, cannot be trusted. Nor can we trust our own preconceived ideas. As homeowners, we tend by nature to believe that our home is worth more than its true economic value. After all, for years we poured our own blood, sweat and tears into improving our home, so it has to be worth way more than we paid for it and besides housing prices tend to rise. This logic often leads to a significant misconception of value. Fortunately for our West Virginia clients, we are able to obtain a retrospective appraisal from credible appraisers to accurately re-value your home at the time of your loan. If this appraisal reveals that your home was significantly underwater at the time of the loan, we may be able to obtain substantial relief and damages for you. Feel free to contact us should you have any questions or would like a free evaluation of your own mortgage situation.

When I was in school, history was one of my least favorite classes. I always felt it was so boring to have to memorize names and dates of explorers, inventors, wars etc. Why was learning to recite the Gettysburg address in front of the whole class so important? It all seemed so unnecessary. The only thing that did pique my interest was the study of prehistoric times. I became intrigued by the study of Neanderthals and the gigantic dinosaurs that used to roam the Earth so many years ago. And the pyramids of Egypt! Who doesn't enjoy a good mummy story? I remember sitting at my grandmother's kitchen table painstakingly building tiny replicas of the great pyramids of Egypt with some spilt salt declaring that I was going to be an archeologist when I grew up. I envisioned myself in khaki shorts, work boots, long hair in a braided ponytail, driving my jeep around in some hot exotic land to a "dig" to find mummies and treasures. But of course I did not fulfill that dream (cliché that it was) since I've spent most of my adult life behind a desk in a law office. This apathy for history obviously continued into my young adulthood. When I got married I was fortunate enough to join my husband, Jerry, for a year in Aschaffenburg, German where he was serving his tour of duty in the U.S. States Army. Aschaffenburg, Germany is a town that has been around since the Stone Age (no I didn't find any dinosaur bones there) and was home to a beautiful castle, the Schloss Johannisburg. The castle (as we called it) was erected on the same site of a much older medieval castle from the 14 th Century and a "keep" from the earlier Gothic castle was preserved and added as a fifth tower when this structure was built between 1605 and 1614. The castle still stands today even though it was nearly destroyed during the last days of World War II and it took them over 20 years to rebuild and renovate it to its present beauty. However, I didn't know any of this when I was living there and could really see first-hand, explore and appreciate Schloss Johannisburg because when I was a young newlywed I still didn't give a hoot about history. Sigh...opportunity of a lifetime and I was too young and naïve to care! Jerry and I loved to spend time at the castle, either alone or with friends, because we thought it was a really "neat" place and enjoyed the atmosphere of the grounds that overlooked the picturesque Main River. It wasn't until years later, actually within the last 10 years, that I was curious enough to look it up on the internet and read about its history. I'm not sure when I changed but now I cannot get enough of history. The History Channel is one of my absolute "must have" channels. I find myself looking at the old buildings around Wheeling and longing to know what was in them years ago. And I'm fortunate to live in a city that has a deep rich history and organizations that have struggled to protect and preserve the historical structures in Wheeling for years. For the past two years I have been working on a project to collect pictures of old structures and scenes of Wheeling from its early beginnings as a hub of industry. I find it so interesting to see farming landscapes in areas of Wheeling that are now populated with homes and businesses. In the same respect it has been a sad experience for me to compare pictures of the downtown areas in the 1800's and early 1900's filled with buggies and/or vehicles, so busy and productive as opposed to our present day downtown area now so empty, store fronts closed and the buildings so neglected and decayed that they must be torn down. And, sadly a lot of that history has deteriorated and met the wrecking ball anyway. The first time I saw a picture of the majestic City County Building that was built in 1876 and torn down in 1956 and replaced by our present "modern" City County Building it broke my heart. I wondered...why couldn't this building have been preserved? Fortunately, I work for people who do believe in protecting the historical significance of their property and preserving its beauty. Our St. Clairsville office, located at 106 East Main Street, was built in 1895 and still retains its grace and charm from that era and the woodwork in that office is breathtaking. Our Wheeling office, located at 1358 National Road, was built around 1891. The firm has worked hard to restore the building and retrofit it for modern business purposes while still staying true to the charm of the original structure. I'm happy to share that I can really appreciate that fact now as I never did before! I would love to have a picture of the house during the 1800's. I did find a picture of National Road around the general vicinity of the office dated 1888. I know that change is an inevitable product of progress. And I am a great advocate of progress and moving forward into the future. My concern that many of our manmade structures built today are not made to last. As I gaze at the picture of the beautiful Castle Schloss Johannisburg as it still sits today so majestically on the banks of the Main River in Aschaffensburg, Germany and realize that it has literally been there since the 1600s, it provides a stark contrast to our society where buildings are torn down in less than 100 years. We have to question why, with our skills and technology, can we not do just a little better in preserving some of the structures that we build today?

Three recent news stories reveal that "zero tolerance" policies in our schools have truly run amok. In Boston, Massachusetts, Erin, a 17-year-old high school honor student, received a call from a friend saying that she had been drinking at a party. The friend asked for a ride home and Erin obliged. Erin arrived at the party at the same time as the police. Even though the responding police officer personally wrote a statement indicating that Erin had no alcohol and had not been drinking, the school found that Erin had violated its banned substances policy. Accordingly, she was suspended for five days and removed as captain of the school's volleyball team. In Anaheim, California, a 16-year-old arrived wore an NRA shirt depicting a deer hunter and a rifle. The shirt was gift from her father. Officials determined that the shirt violated the school's dress code because it promoted or depicted violence. As a result, she was ordered to take off the shirt or face discipline. In Coventry, Rhode Island, a key chain fell out of backpack belonging to a 12-year-old middle schooler. The key chain, which he had won at an arcade, was about the size of a quarter and shaped like a gun. This was found to violate the  school's zero tolerance policy toward guns. As a result of this infraction, the boy was suspended for three days and required to miss a scheduled field trip. Don't get me wrong. I understand the very real dangers that schools are facing in our increasingly violent culture. But these dangers must be balanced against two other, equally important considerations. First, our children "do not shed their constitutional rights...at the schoolhouse gate." Tinker vs. Des Moines Independent Community School District, 393 U.S. 503, 506 (1969). Second, overzealous enforcement of these kinds of policies is counterproductive and, in fact, can end up harming our children. Constitutional rights are just as important in our schools as they are in any other setting. Children still enjoy basic rights of free speech, assembly, and religious expression. No one doubts that schools have an important job to do and that these precious rights are less stringent within the school's four walls. But the fact remains that schools must be conscious of these rights when writing and enforcing their policies. The case involving the NRA shirt is a poignant example. Unfortunately, policies aimed at preventing violence can also be used as a thin veil for engaging in viewpoint-based discrimination. Only six months ago a middle schooler in Logan,  West Virginia was arrested and suspended for wearing an NRA shirt. All charges were later dropped. One is left to wonder if the episode was promoted by a genuine concern for safety or simply by an objection to the NRA. Not only must policies be constitutionally written, they must also be constitutionally enforced. News stories like these also raise a legitimate question: is over-the-top enforcement of anti-drug and anti-violence policies actually counterproductive? Is it actually harming the cause? I don't have any data, but my gut strongly suggests that the answer is yes. What is the takeaway from Erin's story? That helping a friend is wrong? That it would have been better to let her friend drink and drive? Let's be honest: did Erin learn any anti-drug lessons from the actions of the school district? Of course not. If anything, the ordeal probably left Erin deeply hurt and disillusioned. And what about the boy in Coventry, Rhode Island? What's a tweenager supposed to learn from facing a suspension and missing a field trip--all because of a key chain? Not surprisingly, he's upset and he's greatly disappointed that he has to forego a field trip. He's also worried that he'll fall behind in his class work. Is all of this angst teaching the boy anything about school violence? Again, the answer is a resounding no. The reality is that the boy wasn't a threat to begin with. Invoking the school's anti-violence policy under these circumstances did far more harm than good. I'm pleased to report that the school in Anaheim reversed itself a few days ago. It seems that an NRA shirt is not promoting violence. The school even issued an apology. But the other two children are still facing stiff punishments and uncertain futures that compel us to take a long, hard look at this issue. Enough is enough. "Zero tolerance" doesn't mean that school officials should stick their heads in the sand when their policies are misapplied. Anaheim did the right thing by reversing itself. Erin's school in Boston should do the same. Coventry too. The takeaway for me is that schools should apply a common sense approach to enforcing their policies. If applying the policy to a particular situation isn't furthering the goal of the policy, then, for heaven's sake, don't apply it! Unfortunately, if these three news stories are any indication, we've got a long way to go...

"Warning to West Virginia Motorists: If you text or talk on a hand-held cell phone while driving you could be pulled over, convicted and fined" As the above quote notes, West Virginia's ban on texting or talking while driving is now in effect, with 125 convictions in the first 10 months of enforcement. West Virginia Code § 17C-14-15 prevents, among other things, texting or using a cell phone while driving without hands-free use. While it is tempting to think that the penalties for a violation are not all that serious, please think again. On February 20, 2011, 18 year-old Aaron Deveau's car collided with 55 year-old Donald Bowley's truck killing the father of three. Mr. Deveau was subsequently convicted of motor vehicular homicide and sentenced to two years in prison after prosecutors were able to prove that he was distracted because of texting while driving. You should keep in mind that texting while driving could also lead to significant civil liability as well. Also, it's not just texting while driving that could lead to  problems. Even texting to a driver could lead to problems. In fact, one New Jersey appeals court held that a person who knowingly sends a text to a driver can share liability for an accident. The attorneys at Bordas and Bordas are proud to be members of the West Virginia Association for Justice, an organization dedicated to the promotion of safety through access to the civil justice system. Recently WVAJ partnered with End Distracted Driving to provide education programs to high school students about the dangers of distracted driving. On this note, over the summer, my firm had the privilege of hiring Kaylee Miller, a sophomore at Wheeling Park High School. I asked Kaylee for her perspective on this issue. As she wrote: As a teen, I, like almost all of my friends, are counting down the days until we can officially be licensed drivers. I always depend on my cell phone. Whether uploading a picture, downloading music, recording a video, or texting and messaging my friends, my phone is always with me. Unfortunately, as I begin my driving career I realize more and more how the phone could be more hazardous than helpful. Texting and driving is now a criminal offense and the leading cause of death for teens with 2,700 deaths per year. With a schedule filled with homework, sports practices and any other extracurricular activity, a bill from the Sheriff is the last thing I need. According to WV Senate Bill No. 211, operation of technology without a hands-free device results in fines up to $500. Yes, $500 for just one offense. When I think of how many pairs of Uggs or Vera Bradley bags I could buy with $500, why on Earth would I risk my life and license to answer a lousy text?! I, like a large portion of the population, have a smart-phone with an amount of settings just shy of 1.2 million it seems. Some of these settings, which I rarely pay attention to anyway, seem like the perfect solution to protect us from the temptation of answering the text tone. With airplane mode, for example, texts, calls and social media notifications of any kind are blocked for the time being. Not only does this save battery life, but when driving, it wouldn't even allow you to know of incoming messages. There's also a "Do Not Disturb" setting that only allows calls to come through on their second or third attempt. By using conversion factors and my calculator (which of course was on my phone), I calculated that by just reading a text for 5 seconds at a speed of 55 mph is approximately 404 feet of distracted driving. And that's not even replying! Imagine yourself at 70 mph while everyone around you was distracted for 513 feet. On that note, drivers of any age, 16 or 61, need to be aware of the new law. According to the WVDMV, in the first few months of effect, 125 people were convicted. More and more are unfortunately not caught. In reality, in the 10 minutes driving from point A to B, we don't need our phone even with all of its intriguing capabilities. A phone away could save your life today. Let's all remind ourselves, our family members, and our friends that text while driving is a dangerous and unnecessary risk.

A few weeks back, I wrote an article that discussed how insurance companies and big business are using their vast wealth to pervert the jury system and gain an unfair advantage over folks seeking fair compensation for injuries they have suffered as a result of the misconduct of others. As I was writing that article, I couldn't help but think of the many, many cases I have tried in which evidence which would have had a significant impact on the jury's ultimate decision was kept from them due to the rule of law. I have always felt that the more information we can give to jurors, the more likely they are to reach a fair decision. Unfortunately, the law determines what information members of the jury are allowed to receive and consider, and a good deal of information jurors would like to have is kept from them as a result. I can't count the number of times I have been involved in a trial in which the jury submits a written question to the judge during its deliberations, only to have the judge respond that the requested information is not something the jurors are allowed to consider. It happened to me again just last month. Making the situation even worse is the fact that insurance companies and big business, knowing what information jurors will and will not be allowed to consider at trial, have engaged in campaigns of misinformation which fill the minds of prospective jurors with false and misleading information before they ever set foot in a courtroom. The article referred to above exposed the falsehood of the "independent" medical exam, universally performed by a doctor who earns hundreds of thousands of dollars each year working and testifying for insurance companies. Such doctors are about as far from being "independent" as one can imagine, but that doesn't stop the insurance companies from bellowing otherwise. This article will focus on another bit of insurance company misinformation: the alleged "double recovery." One of the arguments often advanced in support of the supposed need for "tort reform" deals with cases in which the injured party has health insurance available to cover his medical expenses. According to existing laws in West Virginia and most other states, a party who has incurred medical bills is entitled to recover the amount of those bills as part of his damages at trial, regardless of whether or not he is covered by health insurance. Thus, where Joe Smith was injured in an accident and taken to the emergency room for treatment of his injuries, he is entitled to ask the jury to reimburse him the full amount of the emergency room bill, even though it may have been paid by his health insurance carrier. Insurance companies argue that allowing Joe to recover for medical bills already paid by his insurance carrier amounts to Joe essentially being paid twice for the same item of damage, resulting in the "double recovery" mentioned above. That argument is pure, 100% baloney, and the insurance industry knows it is. Nevertheless, the industry continues to belch forth such misinformation, because the end result in more money in their pockets. Allow me to explain. Every health insurance policy I have ever seen or dealt with as a trial attorney contains a provision regarding "subrogation". In fancy legal language, the typical policy provides that in the event the insured incurs medical or related expenses as a result of someone else's negligence, the insurance company is "subrogated" to the rights of the insured against the negligent party. What does that mean in plain English? It means that if Joe Smith runs a red light and smashes into your car causing you to incur medical bills which are paid by your insurance company, YOU HAVE TO PAY THE INSURANCE COMPANY BACK if you collect anything from Smith. It works like this: Smith hits you; you go to the hospital and incur bills; the health insurance policy that you paid for pays your bills; you sue Smith and recover damages; you pay the health insurance company back everything they paid on your behalf. Think about that for a second. Your health insurance policy is something you have paid for, either directly through premiums you pay, or indirectly through lower wages when the coverage is provided by your employer. Nevertheless, if you incur medical bills caused by someone else's negligence, you have to pay your insurance carrier back if you collect damages from the party who caused your injuries. To make matters even worse, you probably had to hire and pay for an attorney to help you collect your damages from the person who caused your injuries. Because of a recent decision from the U.S. Supreme Court, your health insurance carrier doesn't even have to share in the expense you incurred to collect your damages. YOU pay for the insurance coverage; YOU pay a lawyer to help you recover damages from the party at fault; and YOU end up reimbursing your insurance company for every penny they paid out on your behalf. No credit for the premiums you paid; no credit for your attorney fees. They sit back, send you letters every 90 days reminding you of your obligation to pay them back, and in the end, they get their money back. In the case I referred to at the beginning of this article, the jury returned a verdict in favor of my client, but failed to award her all of her medical expenses. After the trial, we had a chance to talk with one of the jurors, and we asked her why they did what they did. Her response: "we figured she had health insurance, so we didn't want her to get paid twice for the same thing." Another victory for insurance company misinformation. Insurance companies make billions upon billions of dollars in profit each year, and each year they try and convince the public that higher premiums and lower benefits are due to those greedy lawyers and their outrageous verdicts. It always amazes me that the people buy into these arguments. The insurance industry and big business has made an art form of convincing the public that it is in their best interest to take money out of their own pocket and hand it over to the insurance companies. We need to wake up to the reality of what is happening. Please take the time to educate yourself regarding the insurance company propaganda. For over 30 years, the lawyers at Bordas & Bordas have fought for the rights of the common man against the insurance industry and big business. It's a fight we are committed to winning, one case at a time. Call us if we can help. The results in a legal case depend on a variety of factors, many of which are unique to each case. Prior results by this firm or any other do not guarantee future results. Case results presented here are illustrations of the type of work done by Bordas & Bordas and not a guarantee that any prospective case will yield any particular amount.