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Child number four.  She’s is the most adorable little 6-year-old gal you could ever meet and she keeps us on our toes. Why in the world would anyone put an object in their ear or nose? Generally, this is seen more from a child of a younger age, but my youngest daughter has hyperactivity disorder, which essentially affects her ability to manage her impulse control.  There are some times when this condition can be challenging and we recently faced one of those challenges. Now that all is said and done that all is well, I reflect to find a few chuckles in the situation. Shauney had been complaining that her ear was bothering her intermittently over two days and confessed that she had put something in it.  Somehow she could not remember when or what, though. It was Tuesday, Oct. 27, and my husband decided he was going to take Shauney to Med Express.  I received the call from him explaining something bright green was in her right ear. The bad news was they couldn’t get it out.  So, off to the local emergency room.  I hopped in my car to meet up with them. When I walked in, I couldn’t tell if Shauney was fearful because she knew “the talk” was coming from me about putting things in her ears, and believe me, talks like this have happened numerous times…I am pretty sure she knew I was not very happy.  Or maybe the apprehension of what was coming next in the emergency department may have gotten the better of her. After attempting to remove this object to no avail, an ENT was contacted.  It was decided that Shauney would keep the object in her ear for the night and we would consult with the specialist in the morning for probable surgical removal. The next day, yep – outpatient surgery.  She was already the second child he had seen that very morning with a foreign object in the ear! While at the hospital, Shauney had been seen several times, registered here and registered there.  We answered the same questions over and over again, and patience was wearing thin.  She has no problem letting anyone know when she is getting tired and bored with the same thing. After all, she is a girl on the go.  It was apparent that she was becoming a bit frustrated with the people, all the questions, and the lectures that almost everyone decided they had to instill upon her over and over again. And then the comedy show began. Outpatient surgery registration.  Her middle name is Rose.  R-o-s-e.  She spelled the name and then finishes by saying, “It’s a silent ‘E’.” Other questions were posed to my daughter and jokingly the woman asked her if she worked? The response.  “Yes, I do.  I work at Bordas & Bordas.  I only type for them sometimes though.”  My daughter’s face was stone serious and the woman didn’t quite know how to respond. Fast forward…she was now donning her hospital gown, wait, wait, and wait some more. She sang the entire soundtrack from the “ Frozen” movie and talked in her not so quiet voice for the next four hours until it was time for her procedure.  She even chuckled at one point as if to challenge the anesthesia because she said there is no way it can just make her sleep.  After all, it was daylight!  Want to bet? About 35 minutes later, I was called back to the recovery room because my little angel was waking up.  She was bright eyed and bushy tailed, and just wanted out so she could get to McDonald’s. Of course the question that plagued us all was what in the world did she put in there to begin with?  So, after being assured my sweet pea was doing just fine, I asked the question. The recovery nurse, with somewhat of a grim look on her face and trying very hard to hold back her own smile, handed me a denture cup and proceeded to tell me to take a look.  They found and removed THREE OBJECTS.  Two teeny beads and a plastic earring back.  It’s a wonder the child could even hear. Praise God there was no damage affecting her hearing.  As Shauney viewed the treasures in the cup, she very nonchalantly says, “Oh yeah, that’s right. I did put those in my ear at Nanny’s ( Grandma’s) house.”  She never could tell us why, though. This brings me to some thoughts about how you can do everything you know possible to teach your children and offer guidance about choices and try to keep them out of harm’s way, but there is no failsafe secret.  When you are a parent raising a child that has additional health and/or mental conditions – there are special needs of so many kinds out there - those choices are not always able to be thought through by your little one. 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StartFragment EndFragment Thankfully, our situation turned out the way it did, but to all the parents out there in similar circumstances, I know it’s tough at times, so hang in there.  The fact that we cannot wrap them in bubble wrap is the reality.  May all your little ones be safe when you are right there and when you are not. EndFragment

Two weeks ago, Pennsylvania's voters elected Democratic Judges Christine Donohue, David Wecht and Kevin Dougherty to the Supreme Court, giving the party a five to two majority for the first time since 2009. The Washington Post called such results "one of the biggest court shake-ups in recent history." It was the first time three seats on the high court were open in an election.  Two seats were open because of the resignations of former justices.  In 2013, a Republican was convicted of using her taxpayer-paid staff to do political work and, in 2014, a Democrat implicated in a pornographic email scandal. The third seat became vacant when former Chief Justice Ronald Castille was forced to resign after reaching the mandatory retirement age of 70. Democratic Gov. Tom Wolf, said the Democratic victories on the high court and two more on the mid-level appellate courts are indications that Pennsylvania voters want changes in their state government. The election results could influence the way that Pennsylvania's districts are drawn.  When the next census occurs in 2020, the United States Government will go through the process of "Reapportionment," which is the apportioning (or proportional division) of congressional seats (435 for the U.S. Congress since 1911) among the 50 states according to their relative population.  Based upon the new census data, the state general assemblies will go through the process of "Redistricting,” which is the re-drawing of congressional districts within each state, according to the number of seats they were apportioned. The party that controls the Supreme Court gets to appoint the chair of the state's five-member redistricting commission.  Thus, the court's vote is tie-breaking, as the other commission members are comprised of two Democrats and two Republicans.  The State Supreme Court is also the final word on redistricting maps. Pennsylvanians who take issue with the redistricting commission's decision can sue, and the Court gets to hear and rule on those appeals. Depending on where the lines are drawn, Democrats could take back the majority of U.S. congressional seats in next year's elections. So why can redistricting be controversial.  According to a very interesting article published by Loyola Law School, the location of district lines decide which voters vote for which representative. Changing the lines may change the relevant voters, and can change the identity, allegiance, and political priorities of a district's representative, and of the legislative delegation as a whole.  Interestingly, since the birth of our country, politicians have attempted to change district lines to affect political power.  For example, Patrick Henry, who opposed the new Constitution, tried to draw district lines to deny a seat in the first Congress to James Madison, the Constitution's primary author. Henry ensured that Madison's district was drawn to include counties politically opposed to Madison. The attempt failed, and Madison was elected -- but the American "gerrymander" had begun. EndFragment

When I decided some years ago to stop coloring my hair and let my gray shine through, people were aghast!  I thought it was a great idea – I didn’t have to spend a fortune at the hairdresser or spend a significant amount of time coloring my hair myself.  How did the idea that gray hair was bad ever get started? I did some research and discovered that people have colored their hair for one reason or another for thousands of years.  That being said, in the 1950’s only about 7 percent of women colored their hair.  In that era the stigma was that women who colored their hair were of poor moral character, if you get what I mean!  In 1955 history was changed when the Clairol ad came out stating:  “Does she or doesn’t she? Only her hairdresser knows for sure.”  The next Clairol enticement for hair coloring was:  “If I have only one life . . . let me live it as a blonde.”  The last knockout punch was the Clairol jingle that is now firmly entrenched in history:  “Is it true blondes have more fun?”  As a side note, the woman who wrote all of these slogans was Shirley Polykoff who was one of only five women in history ever inducted into the Advertising Hall of Fame! Consider this ad that was printed in 1943: WOW!  So that’s how it all got started – makers of hair dye – specifically Clairol!  It’s amazing what we can be convinced of. There has now been a reversal of the idea that gray hair is unattractive.  The new trend is to have “Granny” hair!  Young women are stripping the color from their hair and dyeing it all sorts of stunning silver shades!  Check out this website to see some of the gorgeous gray haired young ladies. It’s actually nice to know that gray hair isn’t just for old geezers like me!! EndFragment

Are you one of the millions of Americans who think that the hotdog is a sandwich? If you answered yes to this question, well, I have bad news for you. You are wrong, and clearly cannot be trusted. Look people, let’s just make this easy and use the logic of calling something what it really is. I’ll begin by making a list of items and you let me know what they all have in common. · Ham sandwich · Grilled cheese sandwich · Tuna fish sandwich · Peanut butter and jelly sandwich Hopefully you can see that here in America, when something is a sandwich, we call it as such. You wouldn’t ask someone to grab you a hotdog sandwich, would you? I didn’t think so. If that is not good enough, let us hear what the good people who define things for a living have to say on the matter. Sandwich noun 1. An item of food consisting of two pieces of bread with meat, cheese, or other filling between them, eaten as a light meal. Are we now so brazen as to call the dictionary a liar? Just because something may resemble another item, does not make it so. Furthermore, the word sandwich as a verb has an important relevance in this discussion. Being sandwiched between something means to be caught between opposite and opposing forces. Similar to how meat and cheese is sandwiched between opposite and opposing pieces of bread. When you alter that meat-bread relationship, whether it be by hinging the bread or wrapping it, you completely change the dynamic and thus the fundamental nature of what “sandwichness” is. Finally, if all of that evidence is not enough to change your mind, over the weekend the National Hot Dog and Sausage Council stated in an official press release that “a hotdog is not a sandwich.” Common sense and decency has prevailed. EndFragment

I have never had the privilege of wearing the uniform of the United States military.  I’ve never been to war; never had to pack a bag, kiss my wife and children good-bye, and head off to another side of the world to defend my country.  I’ve never faced an enemy determined to kill me, nor have I held a friend as the life drained out of his body on the field of battle.  I can’t begin to understand the pain of a parent whose child is killed in action, or the confused anguish of a toddler whose father will never come home. I know nothing of war.  What I do know is that today, nearly 100 years and 10 wars after the end of the War to End All Wars, our nation owes our veterans a debt we will never be able to repay. A few weeks ago, I had the honor of listening to Lt. George Bridgeman talk about some of his experiences as the pilot of a B-24 bomber during WWII.  In less than one year, Lt. Bridgeman went from a simple enlisted man who had never been up in an airplane to the pilot in command of a four engine, 5,000 horsepower aircraft with a crew of seven men.  He flew 35 missions through thick anti-aircraft fire, German fighter planes and cabin temperatures that reached 30 below zero.  He was 18 years old at the time.  As I listened to Lt. Bridgeman, now 90 years old, I thought of my father, who also served two and a half years in China, Burma and India during WWII as a member of the “Flying Tigers” of the Army Air Corps.  I also thought of my uncle, Manuel “Junior” Artimez, who was wounded in battle in Europe, and dealt with the pain of that injury for the rest of his life.  Like so many others from our area, these men, who were barely more than boys when they enlisted, left their homes and their families for years at a time for one purpose:  to defend their country.  The sacrifices they made, and the sacrifices made by the 21 million other veterans throughout the United States, are simply beyond my comprehension.  I can’t imagine living every minute of every day knowing that somewhere just over that next hill, somewhere just down the road, is an enemy soldier waiting to kill me.  Melodramatic?  Not for a veteran.  For a veteran, that was LIFE. Our veterans have defended our freedom 24 hours a day, seven days a week, 365 days a year.  They ask precious little in return, save perhaps for the gratitude of those who enjoy the freedom they have fought and died to protect.  Today, many of us will go out of our way to say “thank you” to a veteran.  It seems to me that simply speaking the words is not enough.  President John F. Kennedy once said, “As we express our gratitude, we must never forget that the highest appreciation is not to utter the words, but to live by them.”  To live those words means to treat our veterans with dignity, respect, and admiration, not only on Veterans Day or Memorial Day, but on every single day of the year.  We can start by making sure our veterans are properly cared for once they leave the service.  It is a national shame that there are still veterans in our country who are homeless or without access to affordable medical care. The price of freedom is high, but it is a price our veterans were willing to pay.  Whether on the beaches of Normandy, the jungles of Vietnam or the mountains of Afghanistan, the call to defend our nation has never gone unanswered.  We all know how much we owe the men and women who have served our country.  We understand the enormous debt that can never be repaid.  At the very least, we must ensure that the gratitude and respect of our nation will last forever. To all area veterans and their families:  Thank you from the bottom of my heart. EndFragment

Fall is my most favorite time of the year.  I love the smell of the crisp autumn air with all of the leaves changing to beautiful shades of yellow, orange and red.  I also enjoy all of the wonderful flavors of the season such as pumpkin spice and apple.  Fall means breaking out the warmer clothes such as sweaters and long pants and packing away the flip-flops and the shorts.  Some look at the season as the closure of the summer where all the fun warm activities must come to an end as preparation for the dreaded cold gloomy winter, which, I have to admit, was my view of the season when I was younger.  As I have gotten older, I have grown to appreciate the cooler days as opposed to the hot, hot summer sun when it is almost unbearable to be outdoors, and then there is having to run the air conditioner non-stop just to stay comfortable.  I can certainly appreciate putting on a jacket to be warm and cozy to enjoy a stroll through the park versus having to hit the local pool just to get cooled down. Besides the obvious seasonal changes, there are many other things to enjoy during the fall season.  The first thing that comes to my mind is baking.  Filling your home with the wonderful smells of delicious desserts such as apple and pumpkin pies and breads just to name a few.  Add some joy to your baking and have your children help.  It will be a fun experience for them and it gives you some special time with your little ones.  Decorating for fall with pumpkins and mums to freshen up the front porch and to add a more welcoming feel to your home for guests is another way to enjoy the season.  Doing a fall craft with the kids is also a great option.  I remember going outside and picking leaves of beautiful bright vibrant colors, placing them between two sheets of waxed paper and ironing them to seal the leaves.  Or perhaps you could make a fall wreath for the front door. So you see, fall does not have to mean the “calm before the storm”. There are plenty of ways to enjoy and embrace the cooler weather and make it fun for the entire family. EndFragment

The New York Times recently published an article titled “ Arbitration Everywhere, Stacking the Deck of Justice.”  In this article, the authors examine the growing number of arbitration clauses used by large companies in their contracts with consumers.  The article states that “y inserting individual arbitration clauses into a soaring number of consumer and employment contract, companies like American Express devised a way to circumvent the courts and bar people from joining together in class-action lawsuits, realistically the only tool citizens have to fight illegal or deceitful business practices.  Over the last few years, it has become increasingly difficult to apply for a credit card, use a cellphone, get cable or Internet service, or shop online without agreeing to private arbitration.”  The article continued by providing a broad summary of certain key court cases on this issue. In the article, F. Paul Bland Jr. was quoted stating, “orporations are allowed to strip people of their constitutional right to go to court . . . Imagine the reaction if you took away people’s Second Amendment right to own a gun.”  Unfortunately, the previous quote rings true in the tristate region and in our firm’s cases.  Many times, people enter into contracts with arbitration clauses without actually reading the contract and realizing the significance of the agreement. While we run into arbitration issues in many of our practice areas, this is a topic very applicable to oil and gas leases.  Many times, arbitration clauses are in contracts where the consumer has very little, if any, negotiation power.  However, we have successfully negotiated arbitration clauses out of oil and gas leases.  Like many of the other issues I have discussed in oil and gas blogs, many people enter into oil and gas leases containing arbitration clauses without any knowledge that they are signing away their right to bring a claim in court and, instead, will be forced to address any future issues in arbitration.  By entering into a lease with an arbitration clause, an individual waives their right to have a jury hear their claims.  Furthermore, the cost of pursuing a claim through arbitration would likely be significantly higher.  Moreover, the arbitration clause may make bringing claims for smaller amounts of damages nearly impossible, as many arbitration clauses contain class action bans. I wrote this blog not only to raise awareness about the New York Times’ article and arbitration issues as a whole, but also to encourage people to have a complete understanding of all terms contained in an oil and gas lease before signing.  As I have stated before, some of the most difficult conversations I have with potential clients involve stating that we will not be able to take their case or help them receive the actual value of their mineral rights due to a lease that was entered into without full knowledge of the future implications. EndFragment

A few months ago, I wrote about how the application of Ohio’s Dormant Mineral Act should soon gain more certainty.  That was because the Ohio Supreme Court had before it several cases which should clarify the more contentious disputes surrounding the application of the law.  One step towards that certainty was taken in the recent Slip Opinion issued in Chesapeake Exploration, LLC et. al., v. Buell et al. case.  The decision came out on November 5, 2015.  The case actually came to the Supreme Court on certified questions of law from the United States District Court for the Southern District of Ohio.  Even though the case was pending in Federal Court, the issues involved are Ohio substantive state law issues.  As such, the Federal Court is required to interpret and apply Ohio law.  Often times, when the answer to a question is not clear under state law or a new issue has been brought up, Federal Courts can certify specific questions of law to state supreme courts to have the highest court in the state determine the issue and tell the Federal Court what the law is.  That is what happened in this case. The important questions that the Ohio Supreme Court was asked to resolve for the Federal Court were: 1. Is the recorded lease of a severed subsurface mineral estate a title transaction under the ODMA, Ohio Revised Code 5301.56(B)(3)(a)? 2. Is the expiration of a recorded lease and the reversion of the rights granted under that lease a title transaction that restarts the twenty-year forfeiture clock under the ODMA at the time of reversion? The Court was asked to decide, therefore, whether the recordation of an oil and gas lease executed by a severed mineral owner is a “savings event” that would prohibit the abandonment of oil and gas rights under the ODMA.  It was also asked to decide if the expiration of such a lease, which results in the reversion of any rights provided under a lease back to the Grantor, is a “savings event.” The decision was not unanimous on the various points, but the holding of the Court is that oil and gas leases which have been recorded in the Recorder’s office are, in fact, title transactions.  Those leases then qualify as “savings events” which prohibit abandonment under the ODMA.  Two dissenting judges would have found that a lease by itself is not a “savings event” as a specific “savings event” is already applicable for the actual production or withdrawal of minerals.   The Court ruled, however, that the unrecorded expiration of one of those recorded lease agreements is not a title transaction and does not preclude abandonment under the ODMA.  The Court was unanimous on that point. Interestingly, the Court may have telegraphed its thinking on another issue soon pending before it.  The Court stated that “the unrecorded expiration of an oil and gas lease does not constitute a saving event under R.C. 5301.56(B)(3)(a) that would restart the 20-year clock.”  (Italics added.) Do the words “restart the 20-year clock” mean that the Court would be inclined to find a rolling 20 year look back period rather than one specific 20 year window as some argue under the 1989 version of the act?  The Court will hopefully resolve that issue soon as arguments in the Eisenbarth v. Ruesser matter are set for November 17, 2015.  One of the issues in that case is whether a fixed or rolling 20 year abandonment period is to be applied under the 1989 version of the Ohio Dormant Mineral Act. We will continue to keep you updated as the Ohio Supreme Court continues to resolve the myriad of questions involving the Ohio Dormant Mineral Act.  If you have questions about your rights under the Ohio Dormant Mineral act, don’t hesitate to give us a call for a free consultation. EndFragment

So, what’s the status on the birds? I know for a few months now, there has been a lot of talk about how the avian flu has affected turkeys, which ultimately places us in a position of facing shortages and high prices. I understand that we continue to experience the effects of the flu outbreak because there were limited eggs and the efforts to get these back to acceptable means for human consumption can be very time consuming.  Let’s hope the situation is not amplified by the flu returning once the cold weather sets in.  Nonetheless, all of it is just in time for Thanksgiving. I was recently at the Cheesecake Factory and they weren’t offering turkey burgers at this time because of this epidemic.  So, with Thanksgiving around the corner, I wonder if this poses a concern, especially for those who may have a difficult time purchasing a turkey for dinner anyway.  Now there may be an additional cost that very well may be incurred.  Turkey may be the side dish for some families. Although I am not clear on how or why the tradition to eat turkey on Thanksgiving ever came about, although nice, it really doesn’t matter.  The idea of gathering in large sums as a family to eat turkey and give thanks is a wonderful thing, but as far as I am concerned, pizza would work just fine, too. You see, some people may gather around the dinner table and be thankful for the turkey on their plates, while others are just thankful for those sitting at their table.  With or without the turkey, it’s what you make of the day, so have whatever meal you can enjoy as a family and enjoy your family! EndFragment

Once Oct. 31 is over and Nov. 1 hits, it’s all about Christmas. Well just in case some have forgotten, Thanksgiving comes before Christmas.  This is a time for families to get together.  It’s one of the most memorable holidays a family can have.  Why? Because you give of yourself and nothing more. (Except food. You will need to bring food!) The holiday creates memories of our families getting together and seeing those we haven’t seen in a while.  It’s sitting at the kids’ table with all your cousins, it’s grandma’s cooking, and all the women in the kitchen helping to whip up a great meal. Don’t forget the men watching football and the kids running around playing - these are what you will remember and cherish most. We’ve all lost touch with one another in our day-to-day lives. This is the one day out of the year you can sit and talk, eat, drink, get caught up and be happy that you and your family are together. I’m very blessed this year. My sister, my nephew and his wife, children and his in-laws are all coming up from Florida to spend Thanksgiving. I am sure that the kids want to see some snow.  I’m also very blessed to be spending the holiday with my parents who are in there 80s. It’s going to be one of the best Thanksgivings ever. So call your families and make it a tradition, that this one day out of the year, Thanksgiving, you will try to be together no matter where you live. Also remember family doesn’t always have to be a blood relative.  Good friends over the years are now our family, too. Rock the turkey, people. Rock that turkey (or whatever your food choice will be).

After the long winter last year, I am almost afraid to ask what lies ahead with regard to weather. Last March, we took a jaunt to Florida to break up the winter blahs and to confirm that Mr. Sunshine was still working correctly.  When returning home as the plane was landing, lo and behold, the first clear vision in the night as we approached the runway, was a ton of snow on the ground!  What a terrible feeling that was. We hadn’t even taken our coats.  I mean after all, we were confident that when we returned, somehow Mr. Sunshine would hop the plane with us.  No such luck.  We had to pull our luggage through the 8-degree, heavy-winded weather and old crunched up piles of snow.   That was a pretty icy welcoming on top of our fresh, well-earned suntans. Several times a week, I walk with my neighbor and she has referred to the Farmer’s Almanac on numerous occasions.  She mentioned it was supposed to start snowing in October and not quit until April. I did not like hearing that. Fortunately, we are in the middle of an Indian Summer with highs in the 70s. I understand that the Old Farmer’s Almanac is predicting extremely cold temperatures again with a lot of snow.  Although, the way I read it, it really doesn’t get serious for our area until at least December, rather than now, which is worthy of a sigh of relief. How does the Almanac know? The Almanac uses solar cycles and other scientific studies gathered over a 30-year period in compiling its data in order to make its prediction and it is generally found to have an accurate reputation. The Farmer’s Almanac caught my attention when I saw that the targeted timeframe for winter storms are the second week of January and the second week of February for possible heavy winter weather with a long, drawn out spell of stormy weather extending through much of the first half of March. What? Does that mean it continues for weeks?  Oh, I am not liking this.  It’s deja vu! By the time February rolls around, I am ready for change, so that seems like the logical time to plan a trip to someplace warm.  Otherwise, you may not see too much of me until you hear the birds chirping for the arrival of spring. That’s right.  I am already planning in advance and bracing for the bite of Jack Frost.  Although I will make the best of it, I can already feel my bones tensing up with just the thought of it. Hope you all stay warm!

It seems like there’s not a month that goes by that the American Civil Justice System is not under attack. If you think about it, it makes perfect sense because the American lawyer who practices in the American Civil Justice System is oftentimes the only voice that the people have to make sure that products are safe, that laws are enforced, that one’s property is protected and people are compensated when bankers, hospitals, doctors, trucking companies, nursing homes and others cause irreparable harm or death through their negligent acts. Truly when analyzing the American Justice System and looking at only one small segment, take the auto industry and automobile safety, you come to realize that the American trial lawyer has been responsible for seeing to it that seatbelts and airbags were placed in automobiles - that cars were designed to crush in such a way so as to avoid needlessly hurting the occupants in auto impacts, that gas tanks were placed appropriately so occupants would not be burned to death in automobile collisions.  Automobile roofs have been made stronger so as to reduce the number of people that are seriously injured and killed when a vehicle rolls over during the course of a crash - that windshields and windows are made of glass that no longer breaks into pieces that can seriously injure and harm an occupant and that beams have been inserted on the sides of cars that lesson the danger to occupants from side crashes. In addition to the safety features that most people know about, the public may not know that there have been problems with gas tanks. As a matter of fact, General Motors could have fixed its gas tanks for $8.40 per car; but calculated that paying for the 500 fatal accidents would cost them only $2.40 per car. What do you think it chose to do?  Unfortunately, several car manufacturers including General Motors and Ford, designed defective gas tank placement that resulted in fires and explosions from even minor collisions. As a result, gas tanks are now universally located within rigid frames thanks to the American lawyer and American Civil Justice System. Continuing on with issues concerning automobiles, the Ford engineers some time ago identified a problem with its (paddle style) handles which allow doors to accidentally open in collisions.  Ford chose rather than to fix the design to cover up the problem until it was held accountable in our Civil Justice System.  Although, as above mentioned, we now have automobiles with airbags that work to protect occupants in frontal collisions, this was a longtime coming!  As a matter of fact, the manufacturers began developing airbag technology in the 1950s.  But for one reason or another, were extremely slow installing the airbags.  And unfortunately by 1988, some 38 years later, only two percent of the new cars manufactured in American came equipped with airbags.  Due to the Civil Justice System, Courts found that manufacturers knew their cars were safer with airbags and many lives could have been saved had they been included.  Favorable verdicts were entered and eventually, and fortunately for the consumer, manufacturers were forced to install airbags in all cars.  Perhaps one of the most important items on any car is the tires.  Unfortunately, tire manufacturers from Firestone to Goodyear tried to cover up problems with defective tires and because of that have been held accountable in our United States’ Courts.  The Firestone defective tires caused over 270 deaths and the resulting litigation forced upon Firestone brought tires and their manufacturers under increased scrutiny.  Tires are now much safer than even 10 years ago! Seats are also a safety issue in an automobile.  I, myself, brought a Honda seat collapse case to trial in Ohio County, W.Va., Strope v. Honda.  You see, General Motors was not the only automobile manufacturer that had a problem with the seats that were put into cars.  The Japanese manufacturers also had the same problem and Judy Strope unfortunately was the victim of a seatback collapsing and a seatbelt not working that lead to her death.  Fortunately, a jury in Ohio County, W.Va., found Honda responsible for the injuries and death and returned a multi-million dollar verdict that has played a role in forcing automobile manufacturers to beef up their weak seats!  Continuing on with automobile safety concerns, many of you may remember the ignition switch issues that led to serious injuries and death.  As early as 2001, General Motors knew their ignition switches used in its cars were defectively designed and could allow the ignition to slip from the run position to the accessory position while the car was in motion causing the engine to lose power and leave the driver unable to accurately steer or brake. General Motors, as a result of civil litigation, was forced to recall more than 2.6 million cars in an effort to try to fix this problem. Of course, as alluded to earlier, one of the most famous and most outrageous situations involved the Ford Pinto. The Ford Pinto became one of the most notorious examples of a corporation putting profits ahead of safety after court cases highlighted a design flaw that left the gas tank unprotected resulting in explosions even in minor rear end accidents.  Litigation by the American trial lawyer revealed that Ford knew of the design problem and determined it could be fixed for as little as $11.00 per car but calculated it would be more profitable to sell the car as is allowing occupants to burn to death. Incredibly, the Pinto’s design and the seat in the Strope case met all government standards at that time and had the compliance with Federal Standards been a complete defense as those in the auto industry advocated, Ford could not have been held responsible for the many victims that the companies anticipated.  It was the American lawyer, through the American Justice System, that spurred the adoption requirements for fuel tank performances in rear end collisions and stronger seat backs that has saved countless deaths and injuries. As you can see, we need a strong Civil Justice System, and my law firm, by fighting for justice for people injured because of bad tires, poorly designed fuel tank caps that led to five deaths, poorly designed roofs that caused occupants to die, seat belts and defective seats and a host of other product issues, has helped bring about the much needed safety measures to better automobile safety!