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This weekend is the unofficial kick-off to summer. With summer comes warmer temperatures. You may be hoping for those hot summer days to lounge by the pool, but staying cool in extreme heat isn’t just for comfort. There are health risks that can affect anyone out in extreme heat.nnAny time the heat and humidity are high, the risks of heat cramps and heat exhaustion are serious. When there are record-breaking highs, heat stroke becomes a serious concern for anyone that is outside. The following tips can help you keep cool all summer long.n 1. Drink electrolytes in addition to plenty of water nWhile water is the best way to stay hydrated, it is important to replenish the electrolytes that you lose through sweat. Sports drinks, coconut water, and electrolyte-infused water are some of the easiest ways to get your electrolytes in the summer.n 2. Limit caffeine and alcohol nSummer is perfect weather for a cookout with friends and family, but when the heat is extreme, try to avoid alcohol and caffeine. Both contribute to dehydration and in hot weather, it’s easy to become dehydrated rapidly. Try infused and flavored waters instead.n 3. Move outdoor work to the early morning or late evening nThings like working out or cutting the grass don’t wait for the temperatures to fall, so do these activities when temperatures are cooler in the early morning or late evening. If the time of outdoor activities can’t be moved, take extra breaks.n 4. Don’t forget about pets nIt’s easy to worry about other people when the days are sweltering, but don’t forget about pets either! They are just as susceptible to heat-related illnesses. Limit their time outside during the day, and put a couple of ice cubes in their water bowl to help keep them cool.nnThe important tip is to use common sense in extreme heat. If you’re feeling any unusual symptoms while out, go indoors and stay for as long as you can. As long as you use common sense and some of these tips, you’ll be ready for our next stretch of hot weather!

“A Neighborhood of Stories” Read, share, explore!nnKids are getting out of school for summer break across Ohio County this week! It doesn’t seem to take very long at all before they are “bored.” The Ohio County Public Library has set up fun, engaging, and learning activities for all ages for all summer long!nnEvents the week of May 30th - June 2nd will be hosted at multiple Ohio County parks (Edington Lane, Center Market, Garden Park, West Liberty Park) from 12 pm – 2 pm to sign up for the summer reading program.  It will include storytime, craft, and a promised good time.nnRead, share, and explore the city of Wheeling this summer with the Ohio County Public Library’s summer reading program will also have a token and prize giveaway! You can earn trolley tokens as you read and attend programs throughout the summer. The tokens can be exchanged for chances to win prizes. Prizes will be revealed the week of July 3rd, with prize drawings on Monday, July 31st.nnLastly, you are always welcome into the library to sit down, cool off and read. Or hear a story. They have story times every week listed below.n n Toddler Time: Monday and Friday at 10:30 am (June 5th - July 14th) n Storytime: Tuesday and Wednesday at 10 am (June 6th - July 12th) n Storytime After Dark: Thursday at 6 pm (June 8th - July 13th) n nThe Ohio County Public Library is an amazing resource full of enthusiasm to foster the love of reading into the next generations. Stop by and check out some of their programs. I hope you have a fun and safe summer with your kiddos.

As an attorney, I often meet with potential clients who have never had to retain an attorney.  Many times they have never even spoken with an attorney or visited an attorney’s office, so the idea of meeting with an attorney can be very overwhelming and scary.  Being prepared for an initial consultation can often help to alleviate some of those fears.  There are several things a potential client can do in preparation for a successful first meeting with an attorney.  The following are just some of the tips that I have found to be most helpful:n n Bring a pen and paper with you to take notes; n Have some questions written out for the attorney prior to your meeting; n Bring any documents, that are relevant to your case, with you to the meeting; n Bring any photos, that are relevant to your case, with you to the meeting; n Ask ahead about any consultation fees, so you are aware if you need to pay for the initial consultation; n Bring your driver’s license or other form of ID; n Depending on the type of legal issue you are meeting about, you may want to bring your health insurance card and/or applicable insurance declaration page; n Bring names, addresses and phone numbers of any witnesses and/or any written witness statements you may have; n If relevant, bring copies of any police reports; n Ask questions and discuss attorney fees; and n Be honest and give the attorney as many details as you can. n nHopefully, if you follow these tips it will help make your initial consultation with an attorney a success.

Many people are familiar with the term “power of attorney,” but understanding what that means can be a little more complicated. “Power of attorney” is often encountered in dealing with a loved one’s medical treatment when that person may not be able to make decisions for him or herself, but it goes beyond that.nnA power of attorney is a legal document that appoints someone to handle your medical, legal, and other decisions on your behalf. There is more than one type of power of attorney, and it is important to understand the type of power of attorney that is at issue because that will affect the scope of the authority that the appointed person or agent, sometimes referred to as “attorney-in-fact,” has. It will also affect the point at which the authority granted to the agent ends.nnA general power of attorney grants the agent broad decision-making power. This could include managing finances for someone who is incapable of doing so for themselves, making decisions about sales and purchases of property for someone else, or any number of other decisions that would be involved in generally managing a person’s affairs. Documents creating a general power of attorney may say something to the effect of “I grant this person the authority to do anything on my behalf that I could legally do through an attorney-in-fact.”nnA special power of attorney is similar to a general power of attorney but limits the agent’s ability to make decisions to a particular area of their affairs or a specific situation. This type of power of attorney could specify that the agent is only responsible for deciding what life insurance policy will be purchased or could specify that the agent can make any decisions involving one’s finances but cannot make any decisions about one’s medical treatment. The document appointing the power of attorney will specify the scope of the authority.nnThe most common recognized power of attorney is probably the medical, or health care, power of attorney. Many people will encounter this phrase and documents that can appoint one as a medical power of attorney when a close friend or family member is hospitalized or in an otherwise serious medical situation. Medical power of attorney allows the agent to make healthcare decisions for a person who is unconscious, mentally incompetent, or otherwise unable to make medical decisions on their own.nnEven more important that these categories of powers of attorneys, however, is understanding how the power of attorney relationship is created and when the relationship ceases to exist. For all powers of attorney, the person appointing the power of attorney must be competent at the time that the document is signed, and the relationship is created. Where the power of attorney is an ordinary power of attorney, the agent’s authority to make whatever types of decisions they have been appointed to make will cease to exist at the time that the person becomes incompetent. Where the power of attorney is a durable power of attorney, the authority will continue to exist even where the individual becomes incompetent or incapacitated. For this reason, most medical powers of attorney are durable, rather than ordinary. The power of attorney document can also specify the point at which the authority ends, such as once a particular transaction is complete or a date certain. In any event, all powers of attorney end at the time that the appointing person dies, and the decision-making authority does not survive the person’s death.nnPowers of attorney can be helpful, or even necessary, in many situations, but it is important to understand what signing a power of attorney entails and the effect that it will have. It is best to contact an attorney to help guide you through the process and to answer any questions that you may have as you make important decisions about granting your authority to have someone act on your behalf.

Freedom of Information Day is observed on March 16.  March 16 is also the birthday of James Madison, the fourth President of the United States, the “Father of the Constitution” and chief author of the Bill of Rights.  Freedom of information was very important to James Madison.  He was a strong advocate that the government should not keep information from the people it serves.nnThe Freedom of Information Act was passed into law on July 4, 1966, and was signed by President Lyndon B. Johnson.  This act would allow Americans access to federal government information and records, subject to certain exemptions and exclusions.  According to the U.S Government Website of the Financial Crimes Enforcement Network, the following are exemptions and exclusions to the Freedom of Information Act:nn Exemption One: Classified national defense and foreign relations information.n Exemption Two: Internal agency personnel rules and practices.n Exemption Three: Information that is prohibited from disclosure by another federal law.n Exemption Four: Trade secrets and commercial or financial information obtained from a person that is privileged or confidential.n Exemption Five: Inter-agency or intra-agency memoranda or letters that are protected by legal privileges.n Exemption Six: Personnel, medical, financial, and similar files the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.n Exemption Seven: Certain types of information compiled for law enforcement purposes.n Exemption Eight: Records that are contained in or related to examination, operating, or condition reports prepared by, on behalf of, or for the use of any agency responsible for the regulation or supervision of financial institutions.n Exemption Nine: Geological and geophysical information and data, including maps, concerning wells.nn (c)(1) Exclusion: Subject of a criminal investigation or proceeding is unaware of the existence of records concerning the pending investigation or proceeding and disclosure of such records would interfere with the investigation or proceeding.n (c)(2) Exclusion: Informant records maintained by a criminal law enforcement agency and the individual's status as an informant is not known.n (c)(3) Exclusion: Existence of FBI foreign intelligence, counterintelligence or international terrorism records are classified fact.nnThere have been amendments to this Act over the years.  For example, in 1996, President Clinton signed the Electronic Freedom of Information Amendment.  The following are some ways one may observe Freedom of Information Day:n n Learn more about the Freedom of Information Act by visiting the FOIA.gov website; n Learn how to access and request records under the Freedom of Information Act; and n Exercise your rights under the Act by submitting a request for documents from the government. n

St. Patrick’s Day is here, and it’s time to celebrate!nnSome may do so with green beer and corned beef, while others may eat green-colored foods for the day. But did you know Ireland is known for its fresh produce, seafood and delicious breads? The following is a list of traditional Irish foods to try.n n Shepherd’s pie n Brown bread n Irish coffee n Fish pie n Dublin coddle n Corned beef and cabbage n Seafood chowder n Friend cabbage n Champ n Boxty-Irish potato cakes n Irish shortbread n nThose are only a fraction of the delicious traditional Irish foods available. And when it comes to Irish dishes, you don’t have to wait until St. Patrick’s Day to enjoy them. These simple family meals can be made anytime of the year. Which one do you plan to try?nnHappy St. Patrick’s Day!

Imagine a situation in which your home catches on fire and causes substantial damage. Following the fire, you prudently submit your claim to your homeowner’s insurance carrier. After the claim is submitted, eventually an insurance adjuster comes out to your home and assesses the damage. During the investigation process, you are cooperating with the insurance carrier. After the investigation is complete, you speak with your insurance carrier to see how it will help you out in this dire situation. To your dismay, the insurance carrier tells you your claim is denied and list a number of reasons why the claim was ultimately denied. A couple days later you receive a letter outlining the reasons why the claim was denied. The aforementioned letter is what is called a denial letter.nnA denial letter is a letter from the insurance carrier which is supposed to clearly articulate why your specific claim is being denied. Indeed, the denial letter should be able to explain how the facts of your particular loss interplay with the policy language and how and why the insurance carrier came to its ultimate conclusion on your claim. In the event that an insurance carrier denies your claim over a telephone call, you should request that the denial be sent to you in writing. Having your denial in writing is beneficial for a number of reasons, such as it helps memorialize the exact date of the denial, it outlines the specific reasons why the insurance carrier denied the claim and the applicable insurance policy language the insurance carrier is relying on to deny your claim.nnAs you can imagine, a denial letter is essential in your potential claim and the denial letter will help assist an attorney in evaluating your potential claim. In fact, it is important that you keep all correspondences from your insurance company during the pendency of a claim. Maintaining all correspondences between you and your insurance carrier helps provide a clearer picture of the events of your claim.nnIn sum, a denial letter is a crucial part of a potential insurance claim. It is paramount that you keep the denial letter, if you receive one, and have it readily available if you end up contacting an attorney to evaluate your potential claim. If an insurance carrier ends up denying your claim, keep in mind you are potentially not without options to obtain the benefits you are entitled to as a result of your loss.

Presidents’ Day is now a day to honor all of our Presidents.  It was originally established nationally in 1885 to celebrate President George Washington ’s Birthday on February 22nd.  However, in 1971, as part of Uniform Monday Holiday Act, it became known as Presidents’ Day.  We now celebrate all of our presidents every year on the third Monday in February.  This year it falls on Monday, February 20.nnIn honor of Presidents’ Day this year, I thought it would be fun to share some of the unusual presidential pets in the White House.  Many of the presidents had pets, but there were more than just dogs and cats.n n President John Quincy Adams had an alligator; n President Woodrow Wilson had a flock of sheep and a ram; n President John F. Kennedy’s daughter had a pony named Macaroni; n President William Taft had the last cow to live at the White House; n President Martin Van Buren had a pair of tiger cubs until Congress made him send them to the zoo; n President Warren Harding had a squirrel named Pete; n President Calvin Coolidge’s wife, First Lady Grace Coolidge, had a raccoon named Rebecca; n President Herbert Hoover had a opossum and his son had alligators; and n President Theodore Roosevelt was famous for his many pets. His kids had snakes, dogs, cats, a badger, birds, guinea pigs, and more. n nHappy Presidents’ Day!

Often times, we find ourselves discussing people for what they DO, and not for who they ARE. My daughter, Alexis, accomplished something Friday night that no one else in the history of Wheeling Park High School has ever done at her age-scored 1000 points as a sophomore. A HUGE achievement and honor that has put a lot of attention on her. I write this beaming with pride for her knowing how hard she worked and all the blood, sweat, and tears that went into achieving such a feat. Yet, I share my words so that she will always remember that she is so much more than the success she achieves.nnAlexis is no stranger to the spotlight or breaking records in her basketball career. She’s been an AAU National Champion, she’s been a two-time Elk’s National Free Throw Participant, she never lost a game her entire Middle School career at SVS, she was the first Freshman to score 50 points in a single game at Wheeling Park, she was the first Freshman to ever be named 1 st Team All State at WPHS, she was the youngest person WLU has ever offered a full scholarship to in the history of the University… Most recently, she was the first sophomore that has ever scored 1000 points at WPHS. I could go on and on about her accolades. There is quite an impressive list of things that I am so proud of her for. But these are all things you can find by googling her name, or reading an article, or searching her social media page. These are things that Alexis has DONE, but it is not who Alexis IS.nnEach and every accolade and milestone Alexis reaches fills my heart with so much joy and pride, as any mother will tell you. But at night when I close my eyes and thank God for the gift of her, I thank him for the gifts Alexis brings to the world that are not necessarily as tangible or well known as the ones you find in the newspaper. They are the gifts that only those who truly KNOW Alexis can testify to. And no one knows her better than me!nnIt is no secret that Alexis is a determined, hard-working and driven young lady in all aspects of her life, not just basketball. These traits I know will serve her well in life as she continues to shed God’s light on others. Sometimes I think society accepts someone’s success more easily if it came from hard work rather than good fortune. We say “she deserves this or that because she works so hard.” To Alexis, none of it has ever felt like work. I realized Friday night as I stood in the long line of people waiting courtside to congratulate her on her accomplishment, that Alexis has so many people that are rooting for her, happy for her, and that are being inspired by her. That touches a mother more deeply than the number of points she scores. As I stood there awaiting my turn to give her a hug, a man and his young daughter who I had never met before struck up conversation, and he asked me “How long has she been playing basketball?” I am certain as he stood there with his young, impressionable daughter, he was going to make some point to her about how long Alexis has been playing or how hard she works. I thought for a brief moment. At this stage of motherhood, the days are long, but the years are so very short. Bittersweet for sure. “She started playing organized basketball when she was 4.” I answered nostalgically as I could still see her sweet four year old face looking at me, with short Justice mesh shorts (you know the ones where the tee shirt was so big on her little body that it covered her shorts), and headband (often times glittery), pink water bottle sitting courtside as I coached her at the YMCA playing against first and second graders as a tiny 4 year old. The man gasped. I know his gasp was out of admiration for a young lady who had worked hard for 11 years to achieve a milestone so few ever do. But I wanted to tell him so much more about Alexis. I wanted to tell him about how much I have loved watching that little girl grow up. How I see inside her a pure and gentle soul that inspires even me every single day. I wanted to tell him all the things that I know about her that you can’t find when you google her name.nnMany who watch Alexis play basketball compliment her on some of those inner traits that manifest themselves on the court. She is described as a great teammate because you can always find Alexis there picking up a teammate who is knocked down. You can see her run over to a teammate when they are upset that they missed a shot and Alexis will tell her “Forget about it. Get the next one.” She will calm a teammate who is mad at themselves for getting another foul that will send that teammate to the bench. She will high five the one who makes a shot, point to the one who shares a great pass with her, thank the one who set a screen for her, and smile at her opponent when they have to foul her at the end of a game knowing that you can be competitors and still have mutual respect for one another. Alexis is described as coachable because she will look you in the eye and acknowledge criticism even when it’s hard to hear. Alexis has been described as even tempered while playing basketball. This is because she is guarded by the other team’s best player, double teamed, held, jersey pulled on, etc., yet you’ll never get a rise out of her. No more than you’ll ever see her get overly emotional and hyped up when all is going her way. She conducts herself with class and has good body language. Those things won’t be written in the record books, but they can be witnessed when you watch her play.nnWhat many don’t know and can’t see is how she analyzes film, how she breaks down the game and stats, how self aware she is, and that she will be the first person to tell you the things that make the TEAM better. She notices when certain players play more, how they impact the game. She notices when certain players score more points, they win the game. She’s less concerned with the affect things have on her and more concerned with how things affect the TEAM. Basketball is a team sport that requires so much from each and every person that takes the court. Each player has a specific and valuable role on the team. Alexis’ role has always been to score for her team. A role that she earned because she is a fantastic shooter. But that role comes with enormous responsibility. Often times, you can feel like you let your team down if you didn’t score enough. People judge the numbers they see if they aren’t as high as they usually are. Opponents’ game plans center around stopping you. Things are great when they’re great, but low when they’re low. There is a mental component to that, and it’s the part that ensures success long after Alexis’ days on the court are finished. You must be able to take the criticism as well as you take the praise. Alexis does just that!nnAfter Alexis scored her 1000 th point Friday night and we were inundated with congratulatory wishes and compliments, we smiled with pride. But the messages that meant the most to us were the messages received that spoke about Alexis’ heart, her personality, her goodness. Parents from the Eastern Panhandle telling me that their daughter’s school used Alexis as an example to their young athletes. People who told me how much their daughter looks up to Alexis, even sharing an excerpt of what they wrote about her in an essay. People telling me what a great young lady she is. People that study her body language and interaction with her coaches and teammates and complimented her. People that work at WPHS who told me how polite she always is. Teachers who texted who interact with her daily and know her as more than just the girl that scores a lot of points on the basketball team. Referees who pointed out her excellent fundamentals, but raved about her exemplary attitude. Those people touched my heart because they were complimenting Alexis for who she IS and not just for what she DOES. nnShe inspires me daily to live a life with a pure heart filled with good intentions for all (even those who have done her wrong). She sees the good in every situation and in all people (even when they give her reasons not to). She respects her competitors and encourages her teammates. She’s got a lot of little eyes on her and sets the right example. The coolest thing about Friday night and Alexis scoring her 1000th point as a sophomore is that she did it on a night that her TEAM set a record no other team at WPHS had ever set - 20 wins in a regular season! If you ask Alexis what her next goal is, she will tell you the same one she’s had since she started her high school basketball career- TO WIN A STATE CHAMPIONSHIP!nnSports are filled with highs and lows. Mountains and valleys. The good days are always more fun than the bad ones. But when you measure success by who a person IS and not by what a person DOES the line is more steady and the road is more smooth. Someday when I am gone, or when Alexis is a mom herself, I want her to know that the person she IS meant more to me than any award she won, any standards she set, or any record she broke. If she someday is blessed with a daughter of her own that shares her love of basketball, if she is lucky enough to coach her daughter like I did her for many years, I hope that she passes on the most important traits that she possesses- the ones within her heart. I am so proud of my sweet, kind, talented girl! That 1000 point club just hits different when your daughter joins you in it!nnAlexis- may you always remember that winning is fun, accolades make you smile, and breaking/setting records is amazing, but nothing will ever feel as good as being a good person/doing good for others, being kind, and showing grace. Never change who you ARE!

Did you know that water makes up approximately 70 percent of the human body? It’s considered the second most critical factor in sustaining life, oxygen, of course, is number one. Most people do not drink enough water in a day. The amount you should be drinking in a day varies from person to person based on multiple factors such as age, gender, size, lifestyle, activity level, and training style. I shoot for 100-120 ounces of water a day, which is a generally a good starting point.nnThe following are a few benefits of proper water intake:nn-Brain functionnn-Digestionnn-Metabolizing fatnn-Proper joint functionnn-Nutrient deliverynn-Regulate body temperaturenn-Helps fight hungernn-Helps with natural energynn-Excretes wastes and toxinsnnWater is essential to your overall health and it’s important to understand the many benefits it has. If you struggle to drink enough water throughout the day try using a new cup or tumbler to make it more exciting. I like to add plenty of ice to my water and drink it with a straw. Something else I do is add an electrolyte packet or zero sugar drink packet to my cup once a day to add some flavor and make it easier to drink more.nnNo matter what lifestyle/fitness goals you have, drinking enough water in a day is essential to help reach those goals and live healthier!

Being involved in an automobile accident can be a traumatic event for an individual, especially those who also sustain serious injury. When one thinks of the injuries that someone incurs as a result of an accident, PTSD is not usually at the top of their minds. However, PTSD from an automobile accident is a very real injury that many people suffer from and experience. Post-Traumatic Stress Disorder is defined as “a disorder that develops in some people who have experienced a shocking, scary or dangerous event.” The symptoms of PTSD include not only having flashbacks of the traumatic injury – whether that be by reliving the trauma over and over again or experiencing a racing heart when thinking about the incident, but also having bad dreams or frightening thoughts about the same. If one experiences these symptoms it can seriously impact that person’s everyday routine and the ability to move forward with living a normal life after the trauma is in the past. For example, injured motorists who experience PTSD may avoid driving the same route they took on the day of the accident or may opt to take a longer or less efficient route simply to avoid the accident scene. Injured motorists may also be easily startled or feel tense or stressed when they see a vehicle that resembles the one that caused the accident. Moreover, some injured motorists may experience PTSD so severely that they refuse to drive a vehicle. While anyone can experience PTSD, there are several factors that increase the risk of PTSD: 1.         Having experienced another traumatic event or events in the past; 2.         Having a lack of support after the traumatic event is experienced; 3.         Genetic factors; and 4.         Lack of treatment when the symptoms of PTSD have become apparent. If you are represented by an attorney in regard to an accident or some other traumatic event that you have experienced, you may feel nervous or embarrassed about telling them or explaining to them the post-traumatic stress you are dealing with. However, this type of injury is very real and should be made known to your attorney during your representation so that this injury can be fully evaluated.

In Smith v. Wells, 2019 PA Super 181, the Superior Court reversed a trial court’s decision to uphold a jury decision that was against the law. Plaintiff Richard Smith was traveling on the Pennsylvania Turnpike when saw braking ahead. He successfully brought his vehicle to a complete stop within the assured clear distance between his vehicle and the car ahead. However, Defendant Andrew J. Wells, who was driving a Jeep Grand Cherokee behind Mr. Smith’s Buick, did not. Mr. Wells admitted that he did not see the illuminate brake lights of Mr. Smith’s vehicle until it was too late. He also stated, “I didn’t stop quick enough, I guess, and rear-ended the car in front of me.” As a result Mr. Wells’ Jeep rear-ended Mr. Smith’s Buick, and propelled it into the stopped car that was in front of Mr. Smith. Mr. Smith filed suit against Mr. Wells for physical injuries he claims resulted from the accident. At trial, Mr. Wells’ attorney, in his opening statement to the jury, stated that the collision was Mr. Wells’ “fault . . . no question about it.” Thereafter, the evidence introduced at trial, and defense counsel’s closing remarks focused on whether Mr. Smith was actually injured by the wreck. The defense’s theory was that Mr. Smith suffered from pre-existing injuries, which resulted from three (3) prior automobile accidents. At no point during trial did Mr. Wells defend his conduct in operating his vehicle. Accordingly, Mr. Smith asked the trial court to instruct the jury that Mr. Wells negligently drove his vehicle and so breached the standard of care as a matter of law. The trial court denied that motion and authored a verdict slip asking the jury to determine whether Mr. Smith was negligent. Surprisingly, the jury’s response to this question was in the negative. Mr. Smith moved for judgment notwithstanding the verdict (JNOV) on the question of negligence, essentially arguing that the jury’s verdict was contrary to the law. The trial court denied Mr. Smith’s request. Thereafter, Mr. Smith filed a post-trial motion seeking the same result. After the trial court denied Mr. Smith’s post-trial motion, Mr. Smith appealed to the Pennsylvania Superior Court asking them to decide whether “the evidence . . . established Mr. Wells’ negligence warranting a directed verdict or judgment notwithstanding the verdict. A plaintiff must prove four things in a negligence action: (1) a duty to act or not act within “a reasonable standard of conduct for the protection of others against unreasonable risks”; (2) breach of that duty; (3) a “close, causal connection between the conduct and the resulting injury”; and (4) harm to the plaintiff. W. Prosser, LAW OF TORTS § 30 at 143 (4th ed. 1971). By returning a verdict of no negligence, the jury exculpated Mr. Wells on the second element and found that he had conformed his conduct to the standard of reasonable care. The trial court relied upon Cirquitella v. C. C. Callaghan, Inc., 200 A. 588 (Pa. 1938) in denying Mr. Smith’s motion for JNOV. In Cirquitella, the defendant was following 20 feet behind a funeral procession at about eight to ten miles per hour through city streets. “The day was cold, and snow and ice were upon the street.” The Superior Court determined that Cirquitella offered little insight into how drivers should conduct themselves, during rush hour, on the Turnpike, in the 21st century. Moreover, the Court noted the PA Motor Vehicle Code, 75 Pa.C.S.A. §§ 101 – 9805, including the concept of negligence per se did not exist when the Supreme Court of Pennsylvania decided Cirquitella. Furthermore, the Court made clear, despite the Cirquitella holding that: the mere happening of a rear-end collision does not constitute negligence as a matter of law on the part of the in the rear . . . the manner in which an accident occurs is a circumstance to be considered in determining the issue of negligence. Where, as here, a vehicle has been struck in the rear while slowing for a traffic signal, there is an inference to be drawn that the driver of the offending vehicle either was not sufficiently vigilant or failed to have his vehicle under such control that he could bring it to a stop within the assured clear distance ahead. Cianci v. Burwell, 445 A.2d 809, 810 (Pa. Super. 1982). The Cianci Court further explained that a driver who rear-ends a car may inculpate himself by his own words; and, that Mr. Wells did so in this case. Finally, the Court analyzed 72 Pa.C.S.A. § 3361, which states: No person shall drive a vehicle at a speed greater than is reasonable and prudent under the conditions and having regard to the actual and potential hazards then existing, nor at a speed greater than will permit the driver to bring his vehicle to a stop within the assured clear distance ahead. Consistent with the foregoing, every person shall drive at a safe and appropriate speed when approaching and crossing an intersection or railroad grade crossing, when approaching and going around a curve, when approaching a hill crest, when traveling upon any narrow or winding roadway and when special hazards exist with respect to pedestrians or other traffic or by reason of weather or highway conditions. The Court held that by its plan language, this clause prohibits anyone from driving at any “speed greater than will permit the driver to bring his vehicle to a stop within the assured clear distance ahead.” Ultimately, the Court held that Mr. Wells drove at a speed that made it impossible for him to stop his vehicle within the assured clear distance ahead; and, that the trial court erred in its statutory construction when it did not find Mr. Wells’ violation of second clause of Section 3361 to be negligence per se. Consequently, the Superior Court reversed the trial court’s decision regarding the JNOV, and remanded the case back to the trial court for a new trial on causation and damages, only.