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

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!

Here’s a pumpkin, there’s a pumpkin and everywhere I turn is pumpkin. Do I like it?  Of course.  Who doesn’t?  But I think it put me over the edge when I saw pumpkin-flavored shredded wheat.  What doesn’t come in pumpkin now? Let’s talk a little bit about these pumpkins.  The meaning of the word pumpkin actually means large melon and yes, in all actuality, it is a fruit even though many refer to it as a vegetable. Did you know that their color can be more than just orange?  Pumpkins can be yellow, white, green and even red, and we all know from the Barnesville Pumpkin Festival how they can vary in size! Pumpkin candles, pumpkin decorations and endless pumpkin foods! The plain ole pumpkin pie, pumpkin bread, pumpkin seeds and “It’s the Great Pumpkin, Charlie Brown” are enough  for me, but somehow we have become obsessed with pumpkin everything. Pumpkins have many health benefits from improving eyesight and aiding in weight loss to boosting your immune system. I admit, generally, they are quite delicious. The thing is, we have expanded so much with pumpkin flavoring that I ask myself—has it been overdone?  Too much of a good thing?  Does it lessen our appreciation for what used to be?  But now, we have lattes and such, and is it really necessary to have pumpkin flavored gum? It used to be that from September until after Thanksgiving, we were surrounded by pumpkins, but is becoming more and more a year round celebratory flavor and scent. My appreciation will continue to be seasonal and for those year round pumpkin lovers, congratulations, I think it’s here to stay!  So, enjoy your pumpkin this or that no matter the time of year.

I’ve mentioned before that Oglebayfest is a regular part of my fall routine. Every October I make my way to Oglebay Park to enjoy as much fun, food and family as I can cram into a three day weekend. But recently I’ve discovered a new fall favorite. Let me introduce you to SpringHouse Farm, located a few miles outside of Washington, Penn.  It’s a family-owned, family-run dairy farm.  There’s a restaurant and a store where you can buy all of your favorite country fixin’s.  There are also events throughout the year that are fun and engaging for children.  But October is extra special, jam-packed with the kinds of things that make great childhood memories. Every weekend in October the farm hosts this family-friendly event.  There are giant slides for the kids.  Of course, this is also a great excuse for parents, grandparents and any other grownups to take part without having to feel embarrassed.  There’s also a pyramid made out of hay bales with a maze of tunnels for the kids to explore.  On the tamer side, there’s a petting zoo with plenty of goats, sheep and calves.  This year there was also a potbelly pig.  My granddaughters were all smiles. If you’re a little more adventurous, you can take a hayride up to the pumpkin patch.  There’s a maze in a nearby cornfield and games for the kids to play.  My little granddaughter, Maddie, had a wonderful time in the sand box.  Instead of sand, the box was filled to the brim with kernels of corn--much to Maddie’s delight. The day of our trip was cold and a little windy, but believe me, the girls didn’t seem to mind.  I predict they’ll remember our outing for a long, long time, and they’ll both be begging to go back next year!

Recently, I was cleaning out my basement and discovered that I have five old TVs that either no longer work or won’t work without a receiver. Since I don’t have a cable provider that utilizes receivers, three of the TVs are unusable except for watching DVDs. I decided to search the internet and see where I could take the TVs to be disposed of safely, since according to the EPA, electronic waste contains hazardous materials like lead, mercury and hexavalent chromium, in circuit boards, batteries and color cathode ray tubes (CRTs). In other words, you can’t take them to the landfill because they won’t accept them.  Finding a place where I could dispose of my old TVs safely turned out to be quite a chore. Since I had such a hard time, I thought I would share my findings to help someone else that has TVs that need to be disposed of. In my search, I discovered that many of the online sites were defunct businesses, businesses that no longer dealt in the disposal of toxic material, or businesses that were too far away to be of help to me. I did find out that WE Electronics Recycling in Bellaire, Ohio takes them for a $15 fee. However, Best Buy takes them for free up to 31 inches. They will take larger than 31 inches for a $20 fee. If you buy a new TV, they will take the old one away for free. Here is a list of what they recycle. The only downside is that Best Buy only takes three items per day, so I will need to make two trips on two different days. I have one that I have to pay for, but I consider it a small price to pay to have a clean, clutter free basement. I hope this helps!

Last week, a jury in Milwaukee awarded more than $5 million in damages to two police officers who were shot and severely injured with a firearm that Badger Guns unlawfully sold to a straw purchaser. More specifically, the jury, comprised of eight women and four men, found that Badger Guns was grossly negligent in selling a gun to 21-year-old Jacob Collins, who was ostensibly buying the gun for Julius Burton, an 18-year-old male who accompanied him to the store.  Mr. Burton was too young to lawfully purchase the firearm on his own, and evidence showed that he was the person who actually selected the gun ultimately purchased.  One month after the purchase, Mr. Burton shot Officer Bryan Norberg in the face and Officer Graham Kunisch in the head causing brain damage and the loss of his eye. Burton is now serving 80 years in prison while Collins spent two years behind bars. The jury determined that Badger Guns knew or should have known that it was participating in an unlawful sale and awarded the officers compensatory and punitive damages, which are designed to punish the wrongdoer and prevent others from committing similar acts. Until recently, few cases have held gun dealers responsible for selling a firearm linked to a crime. In fact, only two lawsuits have reached a jury since 2005, when Congress passed the Protection for Lawful Commerce in Arms Act (PLCAA), which provides qualified immunity for gun sellers.  In passing the PLCAA, Congress found: (1) The Second Amendment to the United States Constitution provides that the right of the people to keep and bear arms shall not be infringed. (2) The Second Amendment to the United States Constitution protects the rights of individuals, including those who are not members of a militia or engaged in military service or training, to keep and bear arms. (3) Lawsuits have been commenced against manufacturers, distributors, dealers and importers of firearms that operate as designed and intended, which seek money damages and other relief for the harm caused by the misuse of firearms by third parties, including criminals. (4) The manufacture, importation, possession, sale and use of firearms and ammunition in the United States are heavily regulated by Federal, State and local laws. Such Federal laws include the Gun Control Act of 1968, the National Firearms Act and the Arms Export Control Act. (5) Businesses in the United States that are engaged in interstate and foreign commerce through the lawful design, manufacture, marketing, distribution, importation or sale to the public of firearms or ammunition products that have been shipped or transported in interstate or foreign commerce are not, and should not, be liable for the harm caused by those who criminally or unlawfully misuse firearm products or ammunition products that function as designed and intended. (6) The possibility of imposing liability on an entire industry for harm that is solely caused by others is an abuse of the legal system, erodes public confidence in our nation's laws, threatens the diminution of a basic constitutional right and civil liberty, invites the disassembly and destabilization of other industries and economic sectors lawfully competing in the free enterprise system of the United States, and constitutes an unreasonable burden on interstate and foreign commerce of the United States. (7) The liability actions commenced or contemplated by the Federal Government, States, municipalities and private interest groups and others are based on theories without foundation in hundreds of years of the common law and jurisprudence of the United States and do not represent a bona fide expansion of the common law. The possible sustaining of these actions by a maverick judicial officer or petit jury would expand civil liability in a manner never contemplated by the framers of the Constitution, by Congress or by the legislatures of the several States. Such an expansion of liability would constitute a deprivation of the rights, privileges, and immunities guaranteed to a citizen of the United States under the Fourteenth Amendment to the United States Constitution. (8) The liability actions commenced or contemplated by the Federal Government, States, municipalities, private interest groups and others attempt to use the judicial branch to circumvent the Legislative branch of government to regulate interstate and foreign commerce through judgments and judicial decrees thereby threatening the Separation of Powers doctrine and weakening and undermining important principles of federalism, State sovereignty and comity between the sister States. Accordingly, the purpose of the PLCAA was: (1) To prohibit causes of action against manufacturers, distributors, dealers and importers of firearms or ammunition products, and their trade associations, for the harm solely caused by the criminal or unlawful misuse of firearm products or ammunition products by others when the product functioned as designed and intended. (2) To preserve a citizen's access to a supply of firearms and ammunition for all lawful purposes, including hunting, self-defense, collecting and competitive or recreational shooting. (3) To guarantee a citizen's rights, privileges and immunities, as applied to the States, under the Fourteenth Amendment to the United States Constitution, pursuant to section 5 of that Amendment. (4) To prevent the use of such lawsuits to impose unreasonable burdens on interstate and foreign commerce. (5) To protect the right, under the First Amendment to the Constitution, of manufacturers, distributors, dealers and importers of firearms or ammunition products, and trade associations, to speak freely, to assemble peaceably and to petition the Government for a redress of their grievances. (6) To preserve and protect the Separation of Powers doctrine and important principles of federalism, State sovereignty and comity between sister States. (7) To exercise congressional power under article IV, section 1 (the Full Faith and Credit Clause) of the United States Constitution. The PLCAA effectively barred all lawsuits against a manufacturer or seller of a firearm, or a trade association, with the following exceptions: (i) an action brought against a transferor convicted under section 924(h) of title 18, United States Code, or a comparable or identical State felony law, by a party directly harmed by the conduct of which the transferee is so convicted; (ii) an action brought against a seller for negligent entrustment or negligence per se; (iii) an action in which a manufacturer or seller of a qualified product knowingly violated a State or Federal statute applicable to the sale or marketing of the product, and the violation was a proximate cause of the harm for which relief is sought, including-- (I) any case in which the manufacturer or seller knowingly made any false entry in, or failed to make appropriate entry in, any record required to be kept under Federal or State law with respect to the qualified product, or aided, abetted or conspired with any person in making any false or fictitious oral or written statement with respect to any fact material to the lawfulness of the sale or other disposition of a qualified product; or (II) any case in which the manufacturer or seller aided, abetted or conspired with any other person to sell or otherwise dispose of a qualified product, knowing, or having reasonable cause to believe, that the actual buyer of the qualified product was prohibited from possessing or receiving a firearm or ammunition under subsection (g) or (n) of section 922 of title 18, United States Code; (iv) an action for breach of contract or warranty in connection with the purchase of the product; (v) an action for death, physical injuries or property damage resulting directly from a defect in design or manufacture of the product, when used as intended or in a reasonably foreseeable manner, except that where the discharge of the product was caused by a volitional act that constituted a criminal offense, then such act shall be considered the sole proximate cause of any resulting death, personal injuries or property damage; or (vi) an action or proceeding commenced by the Attorney General to enforce the provisions of chapter 44 of title 18 or chapter 53 of title 26, United States Code. The “Badger Guns” case was the first case since 2005 adverse to the gun seller.  Earlier this summer, a jury in a similar lawsuit found that an Alaskan gun seller was not liable for a firearm used in a 2006 murder.  In that case, evidence demonstrated that the convicted felon, who attempted to purchase the firearm, actually stole it thereby exonerating the seller from any wrongdoing.   According to Jonathan Lowy, director of legal action at the Brady Center to Prevent Gun Violence, “Litigation is one of the most promising avenues to save lives...Any victory that’s achieved in court is going to inspire and help the movement to prevent gun violence, and this latest victory is certainly a very important one.”  Not surprisingly, both advocates and opponents of gun control view this case as a success story.  As well they should – while it is an obvious victory for the victims and their families, it is also a welcomed result to the lawful gun sellers, the firearms industry and 2 nd Amendment supporters because it demonstrates that the PLCAA worked as intended.

We have all heard the term proud parents, but on the flipside, this is about me being proud of my parents. Other than the obvious reasons why a daughter would be proud of her mom and dad, this is an extra special reason. Why?  They have successfully achieved what most never can nor ever do.  They are celebrating 50 years of marriage. Congratulations William and Suzanne Campbell on your 50th wedding anniversary, an accomplishment many will ever know. High school sweethearts with two years difference in age, my father joined the United States Air Force when he graduated and my mother had two more years to complete high school.  I’m sure she probably thought that was the last she would see of him. On my mother’s high school graduation day, my father proposed.  At the youthful ages of just 18 and 20, they were married—just months later on October 23, 1965. Off they went and were stationed for some time in Maine.  They lived in just a tiny trailer while my father was in the Air Force.  My mother gave birth to my older brother in 1967 and I followed in 1969. In 1973, my parents purchased their home on Table Rock Lane, which they still own and live in to this day.  Over the years, my father has built additions and made home improvements to include placing each of the bricks with his own two hands.  Mom has always prided herself on her decorative ideas, yet was never afraid to pitch in and do the tougher work with my dad.  Now, that’s a home – more than 40 years in the same place! In 1979, they surprised us two kids with a little brother (at the time, we’d rather had new bikes) and that was the completion of our family. Over the years, they’ve experienced good times and bad, sickness and health, births, deaths, raising kids, job changes, difficult decisions and all those little life challenges that come your way. Heck, mom even went to college some years into the marriage.  But they survived, and they survived with love. Today, they are happy, healthy and enjoying every minute with each other, ready and willing to climb any mountain that may come their way.  I don’t think either would ever know what to do without the other. They have raised three children.  Bill, the lawyer.  me, a paralegal and my baby brother, Luke, the project manager.  Also, they are the grandparents of nine ranging from ages 27 down to three, great-grandparents of two and spend much of their time enjoying each and every one of their grandchildren. Many people accomplish personal goals, career goals, financial goals and social goals, but there are few that I know who ever accomplish this.  Fifty years of marriage - to live long enough to see it and then to go all those years and still enjoy it. We are so very fortunate to have the solid family foundation my parents have given us.  They have created a legacy and taught our family the value of commitment. Congratulations, Mom and Dad.  All my love and many more years to come!  You’re Golden— HAPPY 50 th WEDDING ANNIVERSARY!

Carving pumpkins is a fun way to celebrate Halloween, but do we know exactly why we carve these gourd-like orange fruits? Jack-o’-Lanterns were originally an Irish tradition that was brought over to America and has been practiced for centuries. The carving of the pumpkin comes from an Irish myth about a man known as Stingy Jack. Stingy Jack played unfriendly jokes on everyone and anyone. One night, Stingy Jack invited the devil to have a drink with him, but he did not want to pay for it. He convinced the devil to turn himself into a coin, so they could purchase the drinks. After the devil turned into a coin, Stingy Jack put the coin into his pocket next to a silver cross, so the devil could not change back into his normal self. Once Jack finally freed the devil, Jack made him promise that he would not bother him nor claim his soul when he dies. Stingy Jack did not stop his evil games with the devil. The next year, he tricked the devil into climbing a tree to pick a piece of fruit and when he did Jack carved a cross into the tree, so the devil would be trapped once again at his mercy. Jack told him the only way he would free him and allow him out of the tree is if the devil would leave him alone for ten years and PROMISE not to claim his soul. After that, Jack passed away, and even though the devil was not happy Jack tricked him more than once, he kept his promise and refused to claim his soul. As the legend is told, Jack was refused at the gates of heaven because he was mean and cruel during his time on earth. This left Jack with nowhere to go. Jack was lost in the afterworld and is told to be roaming the earth with a burning coal inside a carved out turnip to light his way. The people of Ireland and Scotland started to call his ghostly figure Jack-o’-Lantern. In order to keep Stingy Jack away from your house on Halloween the people would carve scary faces and object in potatoes or turnips. Once the tradition was brought over to America, the pumpkin started to be used to scare off Jack. Halloween is right around the corner, so get out your carving tools and keep old Stingy Jack away from your house this year.

I recently had the great honor of speaking to Wheeling’s AARP Chapter 824. I certainly hope the members of that great organization learned something from me, but I am sure that I got far, far more out of it than they did.  I particularly admired the obvious care that each member of the group had for one another.  Many older Americans face the familiar challenges of dealing with issues related to health care and finance and it seems to me that being able to rely on trusted friends for advice and comfort is one of the great tools for dealing with such challenges.  For a couple of hours over a nice lunch, this group of friends had a chance to sit down together, get caught up, and discuss their challenges and joys in a trusting and productive manner. Together, we were able to talk about some of the ways that our legal system and technology can assist and protect senior citizens.  We covered a variety of topics, including ways to protect against consumer fraud, the tools that are available to help select an nursing home, and the issues that commonly arise related to estate planning.  We discussed the simple fact that the best way to confront many of the challenges that face senior citizens is to be prepared in advance in case tragedy or a difficult situation does arise. Thanks again to AARP Chapter 824 for inviting me to spend the afternoon with them.  It is a great organization made up of caring and thoughtful people dedicated to helping each other out.

Fundamental fairness and common sense would seemingly dictate that your auto insurance premiums should not go up when you are involved in an accident that is not your fault. Unfortunately, common sense and fundamental fairness are not precepts upon which the multi- billion-dollar auto insurance industry is built. I tried, futilely, during my tenure as an officer of the West Virginia Association for Justice and president of that organization in 2012-2013, to convince the West Virginia legislature that a law needed to be passed to prevent insurance companies from punishing policyholders for presenting claims arising out of accidents caused by someone other than the policyholder. There are many different types of coverage, that most West Virginians carry, that provide protection for policyholders and their families when involved in an accident that is caused by another person.  For example, uninsured motorist coverage protects policyholders when they are involved in an accident caused by a driver that did not carry insurance.  For example, if you are driving to work and you are stopped at a red light and rear-ended by an uninsured vehicle, you would be able to turn to your uninsured motorist property damage coverage to pay to have your car fixed.  You would also be able to turn to your uninsured motorist bodily injury coverage to compensate you for any injuries you suffered in the accident including medical bills, lost wages, pain and suffering, etc. These coverages that you buy to protect yourself and your family are not inexpensive.  If you are willing to pay the money to purchase the coverage to protect yourself and your family, why should you be punished when you need to take advantage of the coverage due to an accident that is caused through no fault of your own?  The simple answer is you should not.  The truth is the insurance companies, at least in West Virginia, can increase your rates for any claim that you present regardless of whether you were at fault or completely free of fault.  This is simply unfair and needs to be addressed by the West Virginia legislature.  At my last count, at least 19 other states and the District of Columbia had laws on the books that prevent insurance companies from treating policyholders so unfairly.  It is time that West Virginia steps up to the plate and protects its citizens from this predatory practice. If I purchase coverage, I should be able to use it without fear of reprisal.  Unfortunately, all efforts made to pass this legislation were met with the full brunt of the insurance industry lobby who tried to convince lawmakers that if I am rear-ended on National Road on my way to work I am 80 percent more likely to be in an accident the following week according to their “secret data.”

Ever since I was a little girl, I loved listening to ghost stories which is probably why I love watching horror movies. It’s predictable, the movie category that is my first choice every time and I will say – it’s got to be a scary one. While this is all in good fun, I’ve often wondered, why do I do this?  Call me an adventure seeker or even a little crazy, but if it has to do with Halloween or the supernatural, I get really excited.  I actually look for something to make the hair on the back of my neck standup and if it does, I can’t wait to share it with someone.  I even have two black cats, one named Thackery Binx, no less. I’ve taken ghost tours on vacations and I’ve visited many haunted houses over the years, seeking the thrill.  I love to tell and hear ghost stories.  As a child, my family and neighbor friends would set up some pretty elaborate spook houses in my grandmother’s basement.  Ketchup was blood and jello was brains. I don’t scare easily, but what rattles me most are the ones that involve true events or something that takes control of another person…. possession – yikes!  Those are creepy.  But I continue to search for the shiver down my spine. My latest scare adventure involves my family (minus our youngest, certainly don’t want to scare her), heading to a nationally known haunted inn and spending the entire weekend, Halloween weekend no less.  This is the real deal The Buxton Inn where ghost sightings have been reported. Unexplained noises in the night with no one around also have happened, along with reports of a cat hopping up on the beds and crawling in and shadow figures…eerie stuff.  An apparition in one of the rooms we are staying in was just reported by a recent traveler! My husband is a complete skeptic and I, on the other hand, will probably be talking out loud to these ghosts.  The teenagers undoubtedly will be trying to act cool as if they aren’t scared at all while taking it all in. As the date nears, I am preparing and trying to gather enough information about the place to get their minds on high alert and I chuckle wondering who will jump first.  I plan on creating a very scary candlelit atmosphere detailed with stories and equipped with a video camera.  Perhaps I may even take a “selfie video” emulating the Blair Witch Project and text it to them.  If I can’t scare them, I sure can make them laugh. Either way, no matter the outcome, I am planning on making this a weekend the Dodd family will never forget.  BOO! And, I will let you know if it’s real or nothing but a little hocus pocus!