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How many lives might be saved today and in the future with highly automated vehicles? The U.S. Department of Transportation (DOT) says that it is committed to finding out. The DOT recently issued its Federal Automated Vehicles Policy (“FAVP”) in order to facilitate the safe introduction and deployment of highly automated vehicles (“HAVs”). The DOT issued the policy as agency guidance rather than in a rulemaking “in order to speed the delivery of an initial regulatory framework and best practices to guide manufacturers and other entities in the safe design, development, testing and deployment of HAVs.” This guidance targets vehicles that incorporate HAV systems, such as those for which there is no human driver at all, or for which the human driver can give control to the HAV system and is not be expected to perform any driving-related tasks for a period of time. First, it is important to know that there are different levels of automation. The DOT has adopted the SAE International (SAE) definitions as follows: • At SAE Level 0, the human driver does everything; • At SAE Level 1, an automated system on the vehicle can sometimes assist the human driver conduct some parts of the driving task; • At SAE Level 2, an automated system on the vehicle can actually conduct some parts of the driving task, while the human continues to monitor the driving environment and performs the rest of the driving task; • At SAE Level 3, an automated system can both actually conduct some parts of the driving task and monitor the driving environment in some instances, but the human driver must be ready to take back control when the automated system requests; • At SAE Level 4, an automated system can conduct the driving task and monitor the driving environment, and the human need not take back control, but the automated system can operate only in certain environments and under certain conditions; and • At SAE Level 5, the automated system can perform all driving tasks, under all conditions that a human driver could perform them. Using the SAE levels, the DOT draws a distinction between Levels 0-2 and 3-5 based on whether the human operator or the automated system is primarily responsible for monitoring the driving environment.  HAVs represent SAE Levels 3-5 vehicles with automated systems that are responsible for monitoring the driving environment. The FAVP is divided into four sections: (1) Vehicle Performance Guidelines for Automated Vehicles, (2) a Model State Policy, (3) National Highway Transportation Safety Administration’s (“NHTSA”) Current Regulatory Tools and (4) New Tools and Authorities. The Vehicle Performance Guidance for Automated Vehicles (“Guidance”) outlines best practices for the safe design, development and testing of automated vehicles prior to commercial sale or operation on public roads. It is anticipated that the DOT will require manufacturers and other related entities to submit a Safety Assessment to the NHTSA each HAV system that would cover the following 15 areas: • Operational Design Domain: How and where the HAV is supposed to function and operate; • Object and Event Detection and Response: Perception and response functionality of the HAV system; • Fall Back (Minimal Risk Condition): Response and robustness of the HAV upon system failure (process of either allowing the driver to retake control or finding a safe place to stop the vehicle in case of a malfunction); • Validation Methods: Testing, validation and verification of an HAV system; • Registration and Certification: Registration and certification to NHTSA of an HAV system; • Data Recording and Sharing: HAV system data recording for information sharing, knowledge building and for crash reconstruction purposes; • Post-Crash Behavior: Process for how an HAV should perform after a crash and how automation functions can be restored; • Privacy: Privacy considerations and protections for users; • System Safety: Engineering safety practices to support reasonable system safety; • Vehicle Cyber Security: Approaches to guard against vehicle hacking risks; • Human Machine Interface: Approaches for communicating information to the driver, occupant and other road users; • Crashworthiness: Protection of occupants in crash situations; • Consumer Education and Training: Education and training requirements for users of HAVs; • Ethical Considerations: How vehicles are programmed to address conflict dilemmas on the road; and • Federal, State and Local Laws: How vehicles are programmed to comply with all applicable traffic laws. While the FAVP references ethical concerns (discussed in last month’s blog), it does not offer much, if any, guidance relative to liability.  While automated cars are programed to avoid accidents, accidents are still inevitable, and when they occur, who will be responsible?  For the time being, the traditional tort laws of negligence and products liability will be available for accident victims.  We can presume that with more automation, the manufacturer’s liability risk increases. The Model State Policy encourages states to allow the DOT alone to regulate the performance of HAV technology and vehicles.  The DOT confirms that states retain their traditional responsibilities for vehicle licensing and registration, traffic laws and enforcement and motor vehicle insurance and liability regimes; however, the DOT desires avoid a 50-state patchwork of regulations regarding the performance of HAVs.  The NHTSA will also work with the states to fill the gaps in current regulations in order to establish one model state policy.  One major issue to be debated is in the area of liability – some states may believe that with HAVs, the “driver” is the manufacture, while others may take a more conventional position and hold the consumer liable. The policy goes on to explain NHTSA’s currently available regulatory tools and how they might apply to AVs. The NHTSA has four primary “tools” that the agency uses to address the introduction of new technologies and new approaches to existing technologies, which are: • Letters of interpretation; • Exemptions from existing standards; • Rulemakings to amend existing standards or create new standards; and • Enforcement authority to address defects that pose an unreasonable risk to safety. Finally, the DOT identifies potential new tools and authorities that would help DOT ensure that AVs can be developed quickly but safely. Some of these include: replacing the current self-certification process with a premarket approval process; a “cease and desist” power, allowing DOT to immediately halt production if a serious and immediate safety risk is found; and post-sale regulation of software updates. History shows that with new technology, often times manufactures will be under pressure to fast track its product to market, which may cause safety to take a back seat leading to an increase in the risk for harm for the driver and the public.    Accordingly, consumers need to do their research before purchasing first to market technologies, since most often, at least in this realm, first does not necessarily mean the best.

Over the course of my career, I’ve had the opportunity to represent people who have been hurt on the job in a wide range of workplace settings. Many of these injuries are the type of serious and catastrophic injuries that change lives, including the lives of the workers’ families.  In many of these cases, the failure is the same.  The companies that were supposed to be in charge of safety on the job site failed their responsibility to properly plan for the hazards of the job. There are a couple of different ways to refer to this planning process, and one of the most common terms for the concept is the job hazard assessment, or JHA.  Generally speaking, the JHA works like this:  Qualified individuals familiar with the job analyze the job task step-by-step.  At each step, the subject matter experts ask a very simple question - what could go wrong?  That is, they ask themselves what hazards are associated with each step of the process.  Where serious and dangerous hazards are identified, the JHA demands that companies undertake steps to eliminate or at least mitigate those hazards. The first and best mitigation option is always to eliminate the risk if at all possible.  Is there another way to accomplish the same task without undertaking the hazard? Could a different set of steps or a different piece of equipment eliminate the risk entirely?  If so, the problem may be solved.  If not, the companies involved must do what they can to minimize or mitigate the risk.  That would include making sure that the employees are specifically warned that there is a hazard of the job that cannot be eliminated and by verifying that all of the employees have and use the proper protective equipment. Through this simple but deliberate process, a great many catastrophic injuries could be prevented. Of course, this JHA process has applications beyond the workplace.  When I began my senior year at West Point, the officer in charge of my company sat all of us down.  He knew that as seniors, we would begin to enjoy certain privileges that were not available to the same extent as when we were underclassmen.  One of those privileges was the ability to leave post much more frequently and the thought of New York City being a short trip down the road was very appealing.  I still remember what our Captain had to say.   He didn’t try to convince us not to go have fun.  That type of speech to a room full of 22 year olds would not have been effective.  Instead, he simply asked us to consider whether or not our “fun” had been properly planned.  Did we know who was driving?  Had we considered where we might go?  Did we have a way to get in touch if somebody got separated from the group?  Had we thought about where we would be sleeping?  Did we have a back-up plan in case something went wrong? These are the advantages of having an Infantry officer with combat experience helping you with a plan to go out in NYC. His point was a good one, though.  Before engaging in any potentially dangerous activity, we might stop to ask:  What are the steps of this activity?  What are the risks of those steps?  What can I do to eliminate those risks?  If I can’t completely eliminate those risks, what can I do to protect myself if something does go wrong?

As much as I hate to see the warm weather leave us, one of the things I love about fall is how good soup tastes. There is something cozy about a bowl of soup on a chilly, fall day.  Growing up we had a lot of soup, mostly Campbell’s.  Campbell’s condensed soups were invented in 1897.  Today, Campbell’s Tomato, Cream of Mushroom and Chicken Noodle Soup are three of the most popular soups in America.  Americans consume approximately 2.5 billion bowls of these three soups alone each year. My favorite was bean with bacon to which I added lots and lots of crackers!  I remember being at my Grandma Springer’s house one time and her asking me what she could make for me the next time we visited her house.  I told her bean with bacon soup.  As promised, the next time we visited my grandmother’s house, she had bean with bacon soup – homemade!  I wouldn’t touch it.  Poor Grandma! When my mother would make homemade vegetable soup, my sisters and I would turn up our noses.  Where were the alphabet noodles?  And what was all this cabbage floating in there.  Yuk.  Over the years I have come to love homemade vegetable soup.  Chili was about the only homemade soup any of us would eat. My how that has changed.  I eat all kinds of soups now and much prefer they be homemade, not condensed out of a can.  I love vegetable, bean (with or without bacon), cream soups, fish soups and my newest favorite, Thai Curry Butternut Squash soup.  I make the butternut squash soup for dinner and take leftovers for lunch.  On those days, I can’t wait for lunchtime!  Here’s the recipe – be sure to make this on the next chilly soup day. Thai Curried Butternut Squash Soup Soup Prep 15 mins � Cook 25 mins � Makes 48 ounces � Source Cookieandkate.com Ingredients ·       2 tablespoons coconut oil or olive oil ·       2 pound butternut or kabocha squash, peeled, seeded, and cut into small ½-inch pieces (about 3 cups) ·       1 medium yellow onion, chopped ·       4 garlic cloves, pressed or chopped ·       2 to 3 tablespoons Thai red curry paste ·       2 teaspoons ground coriander ·       1 teaspoon ground cumin ·       ¼ teaspoon sea salt ·       ? teaspoon red pepper flakes (up to ¼ teaspoon for spicier soup) ·       1 tablespoon fresh lime juice ·       4 cups (32 ounces) vegetable broth ·       ½ cup full fat coconut milk for drizzling on top ·       ½ cup unsweetened coconut flakes ·       Handful fresh cilantro leaves, chopped Directions 1. Heat oil in a large Dutch oven or heavy-bottomed pot over medium heat. Once the oil is shimmering, add squash, onion, garlic, curry paste, coriander, cumin, salt and red pepper flakes to skillet. Stir to combine. 2. Cook, stirring occasionally, until onion is translucent, about 8 to 10 minutes. Add broth. Bring the mixture to a boil, then reduce heat and simmer until squash is soft, about 15 to 20 minutes. 3. While the soup is cooking, toast the coconut flakes in a medium skillet over medium-low heat, stirring frequently, until fragrant and golden on the edges. Keep an eye on them so they don’t burn. Transfer coconut flakes to a bowl to cool. 4. Once the squash mixture is done cooking, taste and add a little more Thai red curry paste if it’s not quite flavorful enough for you. Remove the soup from heat and let it cool slightly. Working in batches, transfer the contents pan to a blender (do not fill your blender past the maximum fill line!). Securely fasten the lid and use a kitchen towel to protect your hand from steam escaping from the top of the blender as you purée the mixture until smooth. Transfer puréed soup to a serving bowl and repeat with remaining batches. 5. Stir the lime juice into the blended soup. Taste and season with additional salt if necessary. Ladle soup into individual bowls. Use a spoon to drizzle coconut milk over each bowl, then lightly swirl the spoon through the topmost layer for a pretty design. Top the soup with toasted coconut flakes and a sprinkle of chopped fresh cilantro.

The phrase “class action” is thrown around by many of our potential clients and throughout the media. Throughout my career as an attorney, I have had the opportunity to represent clients in several types of class actions, and discuss potential class cases with many prospective clients. So what exactly is a class action and what types of cases should be filed as classes? A class action occurs when one or more people, often referred to as the class representatives, sue on behalf of a larger group or “class” of individuals. While each state has its own rule governing class actions, many of the state laws are similar to Rule 23 of the Federal Rules of Civil Procedure. While there are several types of class actions, all class actions have several common characteristics known as numerosity, commonality, typicality and adequacy of representation. First, the class must be so numerous that joining all of the members is impracticable. There is no magic minimum number that creates a class and knowledge of the specific number of people affected is not necessary. Instead, an attorney must only demonstrate that it would be impracticable to join all of the members. The second prong is known as the commonality requirement, which forces the party seeking to create the class to demonstrate that there are questions of law or fact common to the class. The threshold for commonality is not high, and requires only that a resolution of common questions would affect all or a substantial number of the class members. Not every issue in the case must be common to all class members, but the class members must share at least one common issue. The typicality requirement demands that the claims or defenses of the class representatives be typical of the claims or defenses of the class. A party’s claim or defense is typical if it arises from the same event or course of conduct that gave rise to the claims of the other class members. Importantly, Rule 23 only requires that the claims be typical of the other class members, not identical. Furthermore, the adequacy of representation requirement states that a party seeking class action status must demonstrate that the representative parties will fairly and adequately protect the interests of the class. This inquiry tests the qualifications of the proposed attorneys. Moreover, it serves to uncover any conflicts that could exist between the class representatives and proposed class members. The attorneys’ competence and experience will be examined, in addition to focusing on whether the attorneys have the resources to properly investigate and represent the class members. Once these four prongs have been met, the party seeking class action status must still demonstrate that the claims can be classified as one of the three types of class actions set forth in Rule 23(b). Class actions can arise in many different areas of law and from a variety of events, such as investors who have been harmed by fraudulent activities, defective products that damage the individuals who purchase them and dangerous pharmaceutical drugs and devices that cause harm to patients. Permitting claims to be brought as class actions allows individuals who may have only suffered limited damages to take on large companies with far greater resources. Additionally, class actions allow the judicial system to reach one decision, instead of creating the potential for several judges to reach inconsistent results.

We just started into another autumn season and although I am a summertime girl, there are many things I embrace about fall. After all, there’s something extra special about living in the state of West Virginia and a reminder of that is this time of year.  We have the beautiful scenery so many only experience through a portrait—these images are real and they are actually in our own backyards! The changing leaves and the mountaintop landscapes - we can lay out a blanket on the ground and look up in amazement and see the beauty right before our eyes.  It’s absolutely breathtaking. Even raking the fallen leaves can turn  into fun by jumping into piles of them and rolling around a few times, or maybe by building a scarecrow. Warm sweaters, cool evening bonfires, going to the ballgames and sipping hot chocolate when the chill of the late evening sets in are some awesome things that come with the change of every season. These are just a few that standout for me. It won’t be long before the children will be carving pumpkins and walking up and down the streets in their Halloween costumes.  This is only the beginning of a busy upcoming holiday season as Thanksgiving rapidly approaches.  It’s exciting, and this is an excellent time of year for catching up with our families. Once the leaves have fallen and the spectacular colors have gone, we will welcome Old Man Winter, finding the positive attributes it, too, holds. Should you have the opportunity to travel over the next couple weeks, even if it’s taking a day for a long drive, take advantage of our state’s parks, trails and scenery.  Southern West Virginia has mountaintops so high the hillside could blend right in with a rainbow.  There are some magnificent views right here underneath your nose.

In 1973, a special prosecutor by the name of Archibald Cox subpoenaed President Nixon’s now-infamous Oval Office audiotapes. Unable to broker a deal, Nixon summoned the attorney general of the United States, Elliot Richardson, into his office on a Saturday night and ordered Richardson to fire Cox. Richardson refused, and resigned in protest of Nixon’s unethical and illegal order. Undaunted, Nixon called for the Deputy Attorney General, William Ruckelshaus, He ordered Ruckelshaus, now the Acting Attorney General, to fire Cox. Ruckelshaus refused the unethical and illegal order from the President of the United States, and resigned. Nixon had to go all the way down to an ambitious right-wing lawyer named Robert Bork to find someone willing to write a letter dismissing Cox from his job as Watergate prosecutor. Bork did it, but the story broke in the papers and Nixon’s public image never recovered. He was driven from office ten months later. The firings became known as the “Saturday Night Massacre.” Nixon didn’t lose his presidency over a “third-rate burglary,” but over his abuse of power. Our system does not allow the President to directly control the prosecutorial apparatus of the United States because this is not a banana republic, where political opponents are jailed on trumped-up charges. Even the President is not above the law, and though Nixon famously said, “ When the President does it, that means it’s not illegal,” he turned out to be wrong. That is what it means to have a nation of laws. It means having lawyers willing to follow and enforce the law in the face of politics and power plays. Without it, the sacred charter of our Constitution ceases to have any meaning. Sunday night another massacre took place. The second Presidential debate featured Trump’s statement that Hillary Clinton will “be in jail,” if he becomes President. Trump indicated that he would use the powers of the Presidency to prosecute the (hypothetically) losing candidate, by reopening a now-closed investigation. What Nixon only dared to do after winning the Presidency twice, Trump promises to do before his first election: to use the power of his office to prosecute his enemies. During the second Bush Administration, certain government surveillance of US citizens had to be authorized by the FBI. The Attorney General, John Ashcroft, was hospitalized at the time and his deputy refused to allow certain parts of the surveillance program because they violated the Constitutional rights of American citizens. The White House Chief of Staff, Andrew Card, and another ambitious right-wing lawyer, Alberto Gonzalez, actually went to Ashcroft’s hospital bedside to attempt to go over the Acting Attorney General’s head and get the permission they wanted to violate the Constitution. Ashcroft hung in there, and said the Deputy AG was acting in his place and if his Deputy would not allow the surveillance, it could not go forward. The Deputy AG stood firm, saying he would resign if ordered to authorize unconstitutional actions. The White House backed down. That Deputy AG found himself back in the news this summer. His name was James Comey. This is what it means to have a nation of laws. It means that constitutional due process comes first, and scratching the back of the man who appointed you, or the political party you belong to, comes somewhere after that. Ashcroft and Comey, like Richardson and Ruckelshaus before him, did their duty and served their country first when power knocked on their door. Many people know the quote from Shakespeare: “the first thing we do, let’s kill all the lawyers.” Lawyers hear it all the time. But not everyone knows the whole play. That line comes from Henry VI. The scene features a criminal rebel, hoping to seize dictatorial power. He makes a series of ridiculous boasts, claiming that he is “valiant,” “able to endure much,” and that he fears “neither sword, nor fire.” He continues with absurd promises to his gang, including “seven half-penny loaves sold for a penny,” “a three hoop’d pot shall have ten hoops,” and “all shall eat and drink on my score. . . and worship me as their lord.” Sound familiar? Anyway, when he has bragged enough, and promised the moon, one of his toadies is there to say, “the first thing we’ll do. . .” Then the gang heads out to murder an innocent man. To be a nation of laws, we need lawyers, and not just any lawyers. We need the likes of Cox, Richardson, and Comey – lawyers who have what it takes to stand up to a President. Lawyers who have what it takes to set aside party and ambition and do what is right for their country. American lawyers take their fair share of abuse (and sometimes earn it), but they are what separates us from third-world countries and military tyrannies where losing the election means going to jail.

The Americans with Disabilities Act (“ADA”) is a civil rights law passed by Congress in 1990 and amended in 2008, in response to widespread, systemic discrimination against people with disabilities. The ADA, among other things, makes it unlawful to discriminate in employment against qualified individuals with disabilities in job application procedures, hiring, firing, advancement in the workplace, compensation, job training and other terms and conditions of employment.  The ADA covers employers with 15 or more employees, including state and local governments.  It also is applicable to employment agencies and labor organizations, and it covers federal employees under the Rehabilitation Act. The ADA defines an individual with a disability as a person who has a physical or mental impairment that substantially limits one or more major life activities.  A qualified employee or applicant with a disability is an individual who, with or without reasonable accommodation, can perform the essential functions of the job in question.  When the ADA was enacted, it did not expressly define “major life activities;” however, the Equal Employment Opportunity Commission (“EEOC”), in its implementing regulations, states that major life activities are basic activities that the average person can perform with little or no difficulty, such as “caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning and working.” The EEOC has also identified as major life activities mental and emotional processes, such as thinking, concentrating and interacting with others. Although there is no all-inclusive list of major life activities that are covered by the Act, the EEOC has issued regulations that make clear that impairments that are episodic or in remission may be considered disabilities.  In fact, the regulations specifically state that an impairment that is episodic or in remission meets the definition of “disability” if it would substantially limit a major life activity when active. Some examples include epilepsy, hypertension, asthma, diabetes, major depressive disorder, bipolar disorder and schizophrenia.  An impairment such as cancer that is in remission but that may possibly return will also be considered a disability under the ADA amendments. Pregnancy is not a disability under the Act. The ADA excludes from coverage a person who currently engages in the illegal use of drugs; however, a person who no longer engages in the illegal use of drugs may be an individual with a disability if he or she has successfully completed a supervised drug rehabilitation program or is participating in a supervised rehabilitation program, for example, Alcoholics Anonymous or Narcotics Anonymous. Under the ADA, employers must make reasonable accommodations that enable employees with disabilities to enjoy equal benefits of employment.  A reasonable accommodation is a modification or an adjustment to a job, the work environment or the way that things are done that enables a qualified individual with a disability to enjoy an equal employment opportunity.  Essentially, this means an opportunity to attain the same level of performance or to enjoy equal benefits and privileges of employment as are available to an average similarly situated employee without a disability. The ADA requires reasonable accommodation, if that accommodation would not impose an undue hardship, in three aspects of employment:  (1) to ensure equal opportunity in the application process, (2) to enable a qualified individual with a disability to perform the essential functions of a job and (3) to enable an employee with a disability to enjoy equal benefits and privileges of employment.  Reasonable accommodation may include any of the following: ·       Making existing facilities used by employees readily accessible to and usable by persons with disabilities. ·       Job restructuring, modifying work schedules, reassignment to a vacant position; ·       Acquiring or modifying equipment or devices, adjusting or modifying examinations, training materials or policies, and providing qualified readers or interpreters. If a modification or accommodation would impose an undue hardship on the operation of an employer’s business, that employer does not have to provide the accommodation.  “Undue hardship” has been defined as an action requiring significant difficulty or expense when considered in light of factors such as an employer’s size, financial resources and the nature and structure of its operation. Although an employer is required to make a reasonable accommodation to the known disability of a qualified applicant, an employer generally does not have to provide reasonable accommodation unless an individual with a disability has requested one.  Once a reasonable accommodation is requested, the employer and the individual should discuss the individual’s needs and identify the appropriate reasonable accommodation.

For those of us who often hit the road, we’ve all been in that familiar scenario where nature calls and we have to pull into a gas station, run inside, grab the bathroom key, brace ourselves, hold our breath and dart inside hoping to get in and out as soon as possible out of concern for the germs we assume are lurking inside. If you’ve ever had a similar experience, I have some “good news” for you. Turns out the bathroom is hardly the dirtiest thing you encounter at the gas station. But only because recent research has tagged the gas pumps themselves as being at the top of the list of the unhealthiest things you can handle outside the home. Feel better now? I recently stumbled across a Kimberly-Clark study investigating germ “hot spots” and was somewhat surprised to learn that handles on gas pumps have an average of 2,011,970 viable bacteria cells (or “CFU”s) per square inch. The buttons on the pumps (where you select the grade of gas) are even worse housing an average of 2,617,067 CFUs per square inch. By comparison, a toilet seat has a relatively miniscule 172 CFUs per square inch, while money, long-considered to be quite dirty since it changes hands so often, has only 5.2 CFUs per square inch. In other words, that gas pump handle is about 11,000 times more contaminated than the gas station toilet seat (and the gas pump button 15,000 times more contaminated). And it’s not just the number of germs on the pump, but the type of germs that are present. According to University of Arizona microbiologist Charles Gerba (nicknamed “Dr. Germ”), 71 percent of the pumps studied were highly contaminated with germs associated with disease, including bacteria of the gram-positive cocci variety, that can cause pneumonia, toxic shock syndrome and problematic skin infections and bacilli, another type of harmful bacteria linked infections in newborn baby, along with food poisoning. When considered in connection with the chemical contamination of pump handles from the gasoline fumes themselves, these stats give a whole new meaning to the phrase “pain at the pump.” I guess these results should come as no great surprise when you consider how many different people touch gas pumps every single day. But the scope of the contamination is something I would think most people do not typically ponder or appreciate. I certainly didn’t, and I am on the road quite a bit. But if you’re reading this, please consider stocking your car with hand sanitizer to clean your hands after filling up. You can also use a paper towel to hold the handle and push the button, or wait to hit the restroom until after you filled up.

Hopefully, everyone is prepared for any emergency that may occur in your home and/or business. The month of October is typically when fire departments all over the country conduct seminars, training and prepare to visit schools in their communities to make everyone aware of the many fire hazards that exist and what they can do to be safe. The National Fire Prevention Association observes Oct. 9 (and the week that it falls in) as Fire Prevention Week. The first Fire Prevention Day proclamation dates back to 1920 by President Wilson. Since 1922, a Fire Prevention Week proclamation is signed by the president each year. It was established to commemorate the Chicago and Peshtigo fires that started in October 1871. The International Fire Marshals Association decided to observe this date with public awareness of fire prevention. Over the years there have been many themes and this year’s theme is Don’t Wait – Check the Date! Replace Smoke Alarms Every 10 Years. Go ahead and check those detectors for the manufacture date.  If the detector is at the 10-year mark or older, please replace it.  We all know to check the batteries in our smoke detectors each month. It is advisable to replace the battery at least once a year even though it may still be working.  It is now time to do just that—replace all the batteries in your smoke detectors.  Do a manual check of your hard-wired detectors also because they have batteries as a backup and do not forget to check your carbon monoxide detectors. It is best to follow the manufacturer instructions when checking smoke alarms and replacing the batteries. Here are some additional tips: ·      All homes need a working home escape plan that is practiced by all in the home, working smoke detectors on each level, and especially inside and outside of all sleeping areas. ·      Keeping doors closed will help to keep smoke, heat and fire out. ·      When the alarm sounds, get out and stay out. ·      When the alarm sounds you may only have one to two minutes to escape. ·      Most fires occur between 11 p.m. and 7 a.m. ·      Cooking is the leading cause of home fires. ·      The cause of a smoke alarm not sounding is missing and/or disconnected batteries. ·      If a detector is chirping, replace the battery and re-test. ·      Interconnected smoke alarms are best because when one sounds, they all sound. Please stay safe!!!

Have you and a friend ever had one of those “inside jokes” that run indefinitely and that no one else seems to understand? Well, one of those running jokes started during on the Bordas & Bordas Vegas trip last spring.  On the way to Vegas, my friend Michele and I overheard someone talking about wanting to see Terry Fator’s Vegas show.  At that time, I don’t think either of us knew who he was but we quickly learned.  One of the first things we saw when we arrived was a giant Terry Fator billboard.  Little did we know at that time that we would be seeing Terry Fator’s face just about everywhere we looked for the duration of our time in Vegas. When we arrived at our hotel, we went into Terry Fator overload.  We discovered that our hotel was actually the home of Terry Fator’s Vegas show.  As we walked through the casino to go to our room, we passed countless Terry Fator themed slot machines and posters advertising his show.  When we went into the market/gift shop to grab water to have in the hotel room we were confronted with Terry Fator shirts, stuff animals and other miscellaneous souvenirs.  By that time, we had probably been up almost 24 hours and could not stop laughing about seeing Terry Fator’s face all over the place.  And so the Terry Fator game began… For the next three and a half days, it was a contest to see who could see and point out something “Terry Fator” first.  From billboards, to bus station posters to placards on taxis, we didn’t have to look far to find the next “Terry Fator”.  I think we received more than a few strange looks from some of our traveling companions and other passersby when one of us would randomly blurt out “Terry Fator” and we would start laughing.  While I think we both assumed the Terry Fator game would end when we left Vegas, it seemed that fate (or Mr. Fator) had other ideas. As we were packing to leave, Michele found a Terry Fator postcard in the hotel room. I guess Mr. Fator wanted to come home with us.  After we returned home, the postcard would randomly appear in cars and purses– getting passed back and forth when the person not having Terry Fator custody at the time would least expect it.  While I think Michele currently has custody of the postcard – she stepped up the game a while back.  Let’s just say waking up to the “pleasure” of a picture of Terry Fator posted to my Facebook page is something not easily forgotten.  As soon as I stopped laughing, I knew I would have to step up my game.  Since it has taken me so long to respond, I’m guessing she thinks I have forgotten about it … but I haven’t.  I have just been planning my revenge.   Terry Fator will be returned to her when she least expects it and in a way that she won’t anticipate.  Once this plan has been fully executed, I will need new ideas to step up the game once more.  Any suggestions?

A lot has already been written about the great Vin Scully, the long-time play-by-play announcer for the Los Angeles Dodgers. Mr. Scully has officially retired after calling 67 seasons of Dodgers’ baseball.  It is absolutely amazing to realize that Mr. Scully moved with the Dodgers from Brooklyn to Los Angeles in 1957 and has, therefore, been the Dodgers’ play-by-play man the entire time the team has been in Southern California. I’m a big fan of listening to baseball on the radio.  There is something about the pace of play  (sometimes slow, I know) that lends itself to listening on the radio while playing with the kids outside.  While I mostly listen to the Yankees broadcasts over the Internet, I had a chance to tune into Vin Scully Day from Dodger Stadium last Friday night while driving home from my son’s football game. The Hall of Fame pitcher Sandy Koufax spoke at the ceremonies and he told a story about Mr. Scully that will stick with me for a long time. Mr. Scully is a devout Catholic and before the World Series, he would make it a point to go to church.   Mr. Scully didn’t pray for victory, though.  He didn’t pray for good luck, or good pitching or good hitting either.  As Mr. Koufax related the story: “Before the World Series, Vin would go to church and pray — not for a win, but that there would be only heroes in the World Series, no goats,” Koufax said. “He didn’t want anyone’s future to be tarnished with the fact that they lost the World Series for their team.” What strikes me about that story is the amount of perspective displayed by Mr. Scully.  It’s part of who he is.  As part of another recent broadcast, I heard him honor Los Angeles’ first responders as the “real heroes” before returning his attention to the “child’s game” of baseball.  Of course, he didn’t mean to demean baseball.  He only meant to keep it in perspective and to understand its relative importance in a life filled with joy, tragedy, family and faith. For a man that has devoted his entire professional life to baseball, I admire the fact that he was able to keep his job, and the sport, in its proper perspective.  That perspective will be missed.

Recently I had the opportunity and pleasure of spending a “girls’ weekend” with three girlfriends in the Elkins area of W.Va. Our girls’ weekend has become a very looked forward to time away, when we do a lot of talking, playing cards and board games, drinking some wine, soaking in the hot tub and generally relaxing and enjoying each other’s company.  We set off one day for a planned picnic lunch to Spruce Knob Lake, and decided to take a different back road than the one normally traveled by some in our group.  After traveling several miles on the winding, very narrow gravel road, we saw something dart out in front of us and cross the road.  It was a beautiful fox standing in the woods staring back at us.  We spent a few minutes watching the fox, as surprisingly, this was the first animal we saw in the woods all day. As we continued to watch the fox, a tractor trailer came speeding around the sharp turn ahead of us.  We all anticipated that he would slow down, but he did not.  He continued flying towards us at a high rate of speed.  At that point, my friend, Brenda (who was driving) began honking the horn and waving her arms out the window to try to get the tractor trailer driver’s attention, but still he kept coming towards us without slowing down.  Brenda pulled her truck off the road as far as she could, but there was nowhere else for us to go.  I unbuckled my seat belt and was prepared to jump out of the truck because I was sure he was going to hit us.  Finally, after what seemed like several minutes, the truck driver saw us and began to slow down.  Needless to say, we did exchange words with him over his erratic driving style. When we all got calmed down, we proceeded on our way to the lake.  Brenda commented that God must have been watching out for us.  If we had not stopped to look at the fox, we would have met the truck in the blind turn and surely been hit head on.  We did not see another animal in the woods the entire day—only that fox.  Realizing what could have happened gave me a very eerie feeling.  God intervened by sending that fox to us at just the right time and in just the right place in order to avoid a collision with the tractor trailer.  I also think maybe the chain of events that day occurred to remind us of who is really in charge and to reinforce our belief in Him.  I truly believe He intervened and it was His way of looking out for us and letting us know it was not our time to go.  He apparently has other plans for the four of us.