November 13, 2025 • 38 mins
Host Dale Cooper and Harvey or Tom from the Peyton Law Firm discuss legal issues from listeners and matters affecting local politics.
More info: www.PeytonLawFirm.com
(304) 755-5556
2801 1st Ave, Nitro, WV 25143
The Peyton Law Firm was founded more than 30 years ago by Harvey Peyton, who was joined by his son, Tom Peyton. For more than 50 years, the Peyton team has successfully represented clients in courtrooms throughout WV and southeastern Ohio. The firm is known for its active community involvement and straightforward advice.
More info: www.PeytonLawFirm.com
(304) 755-5556
2801 1st Ave, Nitro, WV 25143
The Peyton Law Firm was founded more than 30 years ago by Harvey Peyton, who was joined by his son, Tom Peyton. For more than 50 years, the Peyton team has successfully represented clients in courtrooms throughout WV and southeastern Ohio. The firm is known for its active community involvement and straightforward advice.
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Transcript
Episode Transcript
Available transcripts are automatically generated. Complete accuracy is not guaranteed.
Speaker 1 (00:00):
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Speaker 2 (00:15):
The views and opinions expressed on this program do not
necessarily reflect the views and opinions of five eight w
c hs it's employees or w v RC Media.
Speaker 3 (00:25):
Our courts.
Speaker 4 (00:27):
Oh created equal.
Speaker 3 (00:34):
Well mass come here in a Kate, I.
Speaker 5 (00:37):
Can fox up. Yeah. Originally I think you you're listening
(01:01):
to the voice of Charleston five ft ewcses. Harvey and
I had too much to talk about before we went
on the air, so we had to finish up our
conversation to come on the air this morning. You're listening
to ask the lawyer. Harvey Payton is here from the
Payton Law Firm. You can get online. Last time, we
had calls from the beginning the show to the end.
You can call us this morning if you'd like it.
Threes are a four three four five fifty eight fifty eight.
Threes are a four three four five fifty eight fifty eight.
You can text three zero four nine three five fives
(01:21):
zeros your eight. Peyton Law Firm located in Nitro, West Virginia,
Peyton Lawfirm dot com, p e y tu in Peyton
Lawfirm dot Com. I'll give you more information as we
get along here this morning, Harvey, how you doing well.
Speaker 4 (01:31):
I'm doing quite well. Dale. It makes me remember as
you and I were talking off the air and then
the bumper music came on. The same rule applies in
a radio studio that applies in hailing a firearm. Treat
every firearm if it's loaded. Ah yes, indeed, treat every
mic as if it's hot. You kind of watch what
you say when you're in the studio because you never
(01:51):
know when you might pop on the air. That's a
beautiful good day again. Today we had that snow and
cold weather, but it's gonna warm up nicely. Driving into Sport,
of course, I like to vary my my route sometimes
I'll come up I sixty four and I wasn't really
sure this morning what the status was going to be
over here on the bridge, so I got off at
Dunbar and came up through Dogtown. Nice drive along the river,
(02:13):
there on Seventh Avenue. I was listening to Dave's commentary
about the Marshall plane crash, so I would be remiss,
I think if we didn't say something about that today
Tomorrow was the fourteenth. I can certain things that you
remember in life, where you were when you heard something.
I remember where I was when, you know, when the
(02:35):
intercom came on at Hayes Junior High School and Principal
Sidebottom said, turned on the radio account of John Kennedy
being shot in Dallas, and where I was standing when
the word came in that he was deceased. You know,
I can remember. I can remember just like it was yesterday.
It was the Saturday in November. I was in the
(02:56):
school in Morgantown. It's my last year of undergrad. The
Mountain had played Syracuse in an afternoon game and won,
and so I'd gone home back I was living over
on we actually at that time, I was living in
a fraternity house. Went back, cleaned up, and went out
to a party and walked in and one of my
friends said, Hey, did you hear what happened at Marshall's.
(03:18):
What are you talking about? And said, they got they
got beaten. Inn't they by East Carolina said no, no, no, no, no,
there was a plane crash. Wow. And you know one
of the one of my high Well, he wasn't a
classmate of mind in high school. Roger Childress was a
year behind me. He graduated in nineteen sixty eight from
Saint Alban's High School. But Roger and I were teammates
because he was a really, really good football player. He
(03:40):
played as a you know at that time it was
you know, ten through twelve school, so Roger played every
game that he was ever eligible to play. He'd been injured,
but for some reason he made the trip went down
to Greenville. It was a big deal for Marshall because
they were going to fly. They had a private, no
(04:02):
charter plane, which was unusual for the Herd at the time.
And that's what happened. I was my dentist in Saint Albans,
where I grew up, was Bruce McCuskey. Doc McCuskey had
been there for decades and he had a chilling in County. Said.
It was probably three o'clock in the morning. He was
at home when the Saint Albans Police Department came to
his house, locked on the doors. The doc. You've got
(04:24):
to come down to the office. We need you to
get Roger Child's dental record scores. When he said boom,
then all of a sudden he said, well, you know
what that means. But I'm like Dave this morning, in
the full impact of what it meant in Huntington didn't
come home to me. All three of my kids and
(04:44):
all three of their spouses attended and graduated from Marshall
up through the early two thousands, but they're not being
down there. But it's about two thousand and six or seven.
I had to try a case in Campbell County. It's
an injury case. May have been injured by a tractor
trailer out on sixty four and the case was pending
(05:07):
in a Circle Court of Cabal County. We're going to
have a start time of nine o'clock on a Monday morning,
but the judge wanted to sell there at eight thirty.
So I got a room down at the Holiday and
Express by Pullman Square the night before, went down early,
took my file with me and I turned on the
TV and what's on it was The Boss Johnson as
Ashes to Glory the documentary and you cannot watch that.
(05:31):
You cannot watch that literally dry eyed, and no matter
where you live, you cannot watch that documentary and not
grasp the total impact on the Huntington community. I mean,
the seventy five wasn't just the team members it would
be today because we got huge coaching staffs and attendant personnel,
(05:51):
but the community leaders, I mean, attorneys, sports figures just gone.
And god Bos Johnson talked about how he attended like
twenty eight funerals, you know, and it's just incredible. So
there's no amount you just can't forget that. And you
(06:13):
know there's this, oh, I guess understated animosity sometimes between
Marshall and WU old fans and alumni, which is certainly
completely out of place and certainly out of place with
regard to what happened in nineteen seventy. Never forget it,
and I guess you know, the ceremony will be tomorrow
(06:35):
they turn off the fountain for the year, and I
can see Roger Childers like it was yesterday. Yeah he was.
But so it's a shame, but life goes on. The
government reopened, Yeah that happened, if that happened, and once
again I had to admit in our office, well there
(06:56):
may have been some impact on some of our clients.
I didn't hear about it. It had little effect that
last We don't do any federal government work. My wife
did work for a while in the US District Court,
but not being a government employee or the beneficiary of
snap benefits not much of an effect. We'll see what
(07:18):
happens once again. President Trump had a good idea that
he's voiced last night. Whether he can implement it or not,
that's the problems sometimes, you know, the ideas aren't followed
up by action. This should never happen again. Well, it
should never happen to start with. Congress needs to get
We need some leadership in the White House, and we
(07:39):
need to get these folks in Congress in a room
and just lay down the law that we're not going
to have. I don't care what your partisan is is.
I don't care about you know what you feel about
your base at home. Your job is here to represent
all the people in the United States. Let's pass these
budget bills. We haven't had a regular budget for what
twenty years. Can't go on this way. That's not a
(08:01):
way to rule the greatest country of the world. We're
going to end up ruining things. Got to get a
handle on this. Uh oh wait, we got a callyhone call.
That's great, we have a caller that's called in already
this morning. And then AUTOCU, what is your first name? Caller,
you have a question for party.
Speaker 3 (08:17):
Bob in poketality code. Bob didn't ready to have a question,
but he just mentioned Roger Childers being in the plane crash.
And I knew Roger from the time he was five
years old, and I followed football all of my life,
(08:39):
and I don't remember anybody I ever knew that had
a fervor for football like Roger did.
Speaker 4 (08:48):
Well, you're right about that, Bob. I mean Roger was
he was a good guy. I mean, you know, you
remember the people that you knew in high school and
remember your classmates, maybe better than underclassmen. But he was
a really good guy. And our coach was Sam LeRose,
who was a wonderful person, and Carl Garner, and I
see coach Crawford. He's now still on the Board of Education.
(09:10):
But in one game they had Roger played the linebacker
and he wasn't that big a guy, but he was
tough as a cob. Oh.
Speaker 3 (09:19):
He was tough. He was tough.
Speaker 4 (09:22):
H he just took it upon himself. We called a
particular defense. Well, Roger, instead of moving up to the
line as he was supposed to, he took about five
steps back and he perfectly anticipated the snap and he
took off running towards a lot of scrimmage before the
ball was snapped, And just as was snapped, he jumped
completely over the center and wrapped the quarterback. And it
(09:45):
was one of the most well you can imagine now
we're all sixteen seventeen, eighteen year old boy sitting in
a locker room watching a but at that time it
was a grainy black and white film, and you can
imagine how that was received. I just I just remember that,
just like.
Speaker 3 (10:00):
You mentioned that he was injured. Actually he had surgery
for a brain tumor.
Speaker 4 (10:05):
Didn't he Well, you know, I believe you're cred. There
was a medical reason that he was. He was disqualified,
he wasn't playing, but he made the trip.
Speaker 3 (10:15):
But his love for football got him on that plane. Yeah,
let me ask you this. You lived on Virginia Heights.
I believe I.
Speaker 4 (10:24):
Actually lived on West Main Street, right across from Fairview
Grade School up on the hill. But yeah, he backed
up to Virginia Heights. I mean I could walk through
the field behind me and up on the hill there
on High Street. Most of my friends lived on Lyck
Skillett out on Fairview Drive or.
Speaker 3 (10:42):
Skillett.
Speaker 4 (10:43):
Really, there are not many people that alive that remember
that name of that area. Larry Robinson lived out there,
and Larry had a lex Skillett reunion down at his
house in Putnam County for several years before he and
Kenny gillowwater around the masonry contracting business. They retired and
Larry went to Florida, but it was a great time.
(11:04):
Lewis had a little grocery store down there that Hensley's
had a grocery store right there. That's where we caught
the school bus.
Speaker 5 (11:09):
Hensley's. Every every morning I would go there. That's where
I caught the bus and I would always get up there,
get off with a pocket full of change, and buy
some some snacks before going home. That was my bus
stop too. So did you go to Fairview, Bob, Yes,
I did. Three Hilltoppers.
Speaker 4 (11:26):
I like it, Yeah exact.
Speaker 3 (11:31):
Did you live out there, Coop, Yeah, I.
Speaker 5 (11:33):
Did when I was let's see, probably from age eleven
to fourteen, I lived in Saint Albans and so it
was like really my adventurous years. Frankly, that's where I
rode the bike all over all over Saint Albans, me
and my friends up there, and so.
Speaker 4 (11:46):
We were all over that, over that area. Yeah, we were.
Speaker 5 (11:48):
We rode our bikes everywhere up there, found all kinds
of like hidden trails and just it was. It was
honestly a great time.
Speaker 4 (11:54):
It was a great childhood. It was indeed, I mean
I a bicycle was the beans of transport. Danny Hendrick
lived down at the bottom of the hill for me
and Bobby Smith lived up on top of the hill
up off of High Street by next door to Jimmy Dotson,
and we'd get on our bicycle. We would ride all
the way out Cole River, across the bridge at Tornado,
back down Smith Creek into Saint Albans, right all over town.
(12:18):
That's of course then before when you got your driver's license,
that sort of changed. Then he laid around the house
and beggs, well, how many you need anything from the store.
You just wanted to drive so bad. That's what I
can't understand about like my grandchildren. Uh, some of them
waited like a year to get a driver's license. With me, buddy.
(12:38):
It was the day after my eighth sixteenth birthday. I
was up at the State Police bricks in South Charlesto,
waiting in line to take the driving test, which I hate,
which I failed. I had practiced and practiced at parallel parking.
I hit the barrel the first time and the trooper said,
out driver on back again. See he said, you gotta
(12:58):
wait a week. So the next week I went back
and it was the same trooper and I really needed
my driver's legs. I was wanting to go to a
to a dance, you know, I had had a date.
I want to take the car and uh. He gets
in the car and we started up and he said
did I have you before? I said, yeah, yeah, you
failed me last week on these barrels. As well. Go
(13:20):
out here and take a right. So we went out
to the one driveway of the State Police headquarters. I
took a rite on Jefferson Roads and take another right
which pulled me right back into the parking lot. He decided,
he said, I was having a bad day that day.
You take this?
Speaker 3 (13:37):
Did I hear you say that? Larry Robinson was retired
to Florida.
Speaker 4 (13:41):
Now yeah he is.
Speaker 3 (13:43):
Oh wow, hadn't seen him for a while.
Speaker 4 (13:49):
Little memories they were that there was the first really
conferentacee I had with death of somebody that I knew
really well. There was there were some Cyruses, not not
not Greg and Paula, but the other Cyrus. You Jean Cyrus.
We called him jean Or. Yeah, he got shot accidentally
(14:13):
there in Hensley's grocery store and killed him. Was that
it was? I mean, we were all played all played
basketball up there at Fairview, and here somebody came up
and said, uh, well, jean Or Cyrus is dead. Well
I went home. I mean it was the first time
I'd ever really I mean, my grandparents that lived down
in Norfolk, Virginia, my mom's parents, they had passed away,
(14:33):
but you know that was a little bit distant. And
while you loved him and cared about him, they lived away.
They were people went. But I saw jean Or Cyrus
all the time, and he was a good guy. He
was older than me. Uh, just like Larry and Stan
Smith and those guys. Uh, they always sort of took
care of the younger group of us that played ball
(14:56):
up there. We looked up to him, looked up. I
remember when Stan Smith came back in the army. Uh.
He played football at Saint Albans and he played for
the Fort Bragg Dragons when he was in the service.
And of course he came back and coached at Saint
Albans uh, which was difficult for me. He started coaching
the last year I was in high school, and I
would I called him stand One day he said, now, Harvey,
(15:22):
you can't be calling me stand. I'm coach Smith. So okay. Joyce,
his sister and I were in from the first grade
all the way through high school together. They lived right
there on the road going into Fairview at the time
when he had to come in.
Speaker 3 (15:35):
The upper end, right there next to the school.
Speaker 4 (15:38):
Yep, right by. Well, listen, boy, was really good to
hear from you. Baby. We ought to sit down and
shoot the bulls stop by the office. Uh. You know.
Larry used to see Larry good Bit and Kenny Gillenwaters partner,
and then I had Calvin Holstein Guernsey, his older brother.
They did some remodeling for me at the house. Calvin
worked out a little partner's local for years years and Uh,
(16:02):
you know, there was just a whole slew of Bob Brammer. Uh.
He worked with us for a while in the office
after he get out of the State Police, doing some
investigative work as his older brother Jimmy got killed in
the State Police. That's another just horrible thing that happened
in the area. And now my daughter lives over in
the house that I my grandmother lived in, and Jimmy Dodson,
(16:25):
who used to live up on the hill, just lives
right pat. Jimmy retired, They did a whole career in
the army, retired as a colonel, full Bird colonel. He's
still living out there across from what used to be
his uncle Freeman Bird's pasture field. Well.
Speaker 3 (16:41):
Actually, in these very early years, Jimmy and his sister
Anne lived directly next door to me, really lick Skillen,
before they moved up on the hill. Let me let
me mention one other thing here before memory Lane. Did
you remember a guy Hugheye Hansjoel. They called him Hacksaw.
Speaker 4 (17:03):
Oh I remember Hacksaw had that big chew at the
back of his mouth all.
Speaker 3 (17:06):
All the time, always, and when he talked to you,
he always had one eye closed.
Speaker 4 (17:11):
Yeah, he loafed out it. If you wanted to see Hacksaw,
you just go down there and drive by the West
Side Volunteer Fire Department. And he had a chair that
he'd leaned back against the wall in front of the
fire department. He could sit and at one spot, thank you.
Speaker 3 (17:26):
Well. Until until he always had his address when they
printed phone books, he always had his address listed as
leek skilled. Yeah, And the phone company tried to make
him stop it, and he wouldn't stop it. But finally
the phone company won and they would not allow him
(17:49):
to list his address in the phone directory as lick
skilled anymore.
Speaker 4 (17:54):
I'm sure that didn't sit well with Hacksaw. He was
one of the He wasn't really a character. I mean
he worked car about it. I mean, I think he
had a pretty good job. He just I just remember
he had more. He's like Nellie Fox times ten. Remember
Nellie Fox always had a chew at the back of
his mouth. He played baseball. I saw. I couldn't see
how he'd put a whole pouch of like red man
(18:14):
in his mouth at one time and to last all day. Well, listen,
we got to go out here.
Speaker 5 (18:20):
Phone call.
Speaker 4 (18:21):
Thanks a lot for that so much. Gett called the
office sometime, let's get together.
Speaker 5 (18:24):
We always like we always like memory Lane quite a bit.
That's that's for sure. You can catch the Peyton Law
Firm when the phone is threes were four seven, five
five fifty five beause he six threes are four seven
five five fifty five fifty six.
Speaker 4 (18:34):
Well, that kind of points out one of the things
that Tom and I are proud of, and we like
to really taut when we talk about the Peyton Law Firm.
And I've I'm seventy six years old. I've lived in
and around Saint Albans, Nitro Hurricane my entire life. Uh,
my friends are all from there. My kids grew up
(18:57):
here and been in and out of these courthouses for
almost fifty two years. Tom's been doing it for twenty
five years. There's a lot of value if you're looking
for a lawyer, if you've got an injury case, you've
got a problem with an insurance company, maybe a disability issue,
or if you just need to talk about some issue
(19:18):
that you have in your private or personal or financial life.
I mean, I can't tell you anybody who to hire.
And we don't spend the money for major television and
billboard ad campaigns, because to do that, you've got to
spend a lot of money, and you've got to keep
(19:39):
at it. But I think you're probably better off, at
least to think about those of us who've been here
for a long long time and know our way around,
as opposed to looking at a billboard that talks about
the biggest law firm in the world. I will say
this about the commercials that that law firm runs there
(20:02):
very well. They must be done in la because they're
really high quality. And the guy that runs the firm
makes some commentary that makes some sense. But those ads
run everywhere. They're running Arizona, they running Virginia, they're running Kentakey,
they run here. But if you want to talk to
the lawyers who know how we live, how the problems
(20:23):
we have, then give the Peyton Law Firm a call.
You can either call us on the telephone at three
oh four seven five five five five five six. You
can stop by the office at twenty eight oh one
First Avenue. Our office has been there in this building
for thirty two years. Before that, it's down the street
in the building that's no longer there, or you can
(20:45):
go online Peyton Lawfirm dot com and when you get there,
you'll see a tab where you can ask a question.
And if you fill that out and send an email,
it only goes to me or to Tom that nobody
else in the office sees it, and we can we
can replace of those than we do. And I've gotten
up sometimes when I can't sleep at night at three
(21:06):
o'clock in the morning and look and see, well, there's
a couple of emails from yesterday, and you can reply
to them. We try and promise, We make a promise
that we try to return every phone call every day.
Now we can't always do that because he gets so busy,
and I don't like to call people after supper time
because first of all, he might be calling during the
day while they're alone and he don't want anybody else
(21:26):
at the house and don't have been calling to a lawyer.
But we do our best, and I've always said and
if we don't keep that promise, then you can call
this radio show the next week can call us out
on it. And that's happened a couple of times, and
you just have to knuckle down when they have and say, well,
I apologize because I promised you I would get promised
everybody we try and get back.
Speaker 5 (21:47):
You've been publicly available on this show for years and
years and years, though, so you've always stood about that.
Speaker 4 (21:51):
I was thinking about that coming in the door, because
my thoughts would look, you think about the past when
you think about you know, November the fourteenth, nineteen seventy.
The first time I walked through the doors in this
station was nineteen ninety nine. That's a long time ago. Yeah, Yeah,
we started I think in December maybe of ninety nine.
(22:12):
Paul Howard was the sales agent, and we've been doing this.
I think we've only missed maybe two or three Thursday
mornings in that period of time. We'll almost do anything
not to miss the radio. Now there may be a time,
like I think in a couple of weeks, I'm not
going to be around Thomas, going to be out of town.
He'll probably do it by phone, which we can do.
(22:35):
But I mean, I think staying power and identity with
the community and knowing your way around these courthouses and
judges means a lot.
Speaker 5 (22:43):
So you know, it reminds me of this, and as
an attorney, you probably get sick of hearing this analogy.
But as a late person and what I've learned from
doing the show with you and Tom for so long,
it really does. Often fiction will reflect reality, just throw
an absurd lens, you know, to try to focus on
certain things. And the old movie that my cousin Vinny movie,
(23:04):
it's not until Joe Peshy starts to incorporate language from
the locals he understands how grit's being made, the correct way,
the long way, he understands how to get around in
the air. I mean, it's absurd, but at the same time,
I think there's a there's a truth that it communicates
that people didn't trust him. He wasn't able to communicate
until he got to know the area. And so that's
what it means to have an attorney. You don't have
(23:25):
to worry about Joe Peshy learning the area, a big
guy from New York. You got your attorneys here that
already know how to cook the grits.
Speaker 4 (23:31):
One of the great movie lines of all time is
Joe Pessi saying, what is a grit? Having grown up
eating grits all the time, I mean, it's it's always
a pleasure when you get they do it out west too.
Out there in the Southwest, grits are big, and of
course they're big down south, but you get up. When
I went to school in Morgantown, I've never seen a
(23:51):
pepperoni roll, right, Yeah, you know. I was at what
up to the JQ. Dickinson Salt Works last Friday. They
had a dinner. I've never been to one of their dinners,
and I was sitting across the table from a man
and his wife from Winterfred. Now she had grown up
I think down in Potnam Cottymas. She said, I'd never
been up with the creek till I met him, but
(24:12):
they've been married for years and years. We were talking
about one of the things on the menu was sort
of the chef's adaptation of a pepperoni roll. Well, I
grew up in Saint oh It was my dad worked
for the post Office and his brother he was a
lifer in the Navy, and my mom would grew up
the coal camp down in Beckley, but she was a nurse. Uh.
(24:34):
But every other member male member of the family that
one of my dad's side, they all worked in the
coal mines, either worked up at Camilton or Valley Camp
on the other side of the river. I mean Bruce
and Clayholder and worked for years and years, and their
dad did up for carbon fuels, and you know, I said, so,
then I got to talk about how did it come
(24:55):
to be that the Pepperoni roll is now the talented
as being that's the coal miner's friend universally. Well, the
miners I knew, And when they filled their dinner bucket
they might have a blowny sandwich or maybe some brown
beans and corn bread, and maybe their wife make a
(25:16):
piece of cake or something put in. There wasn't until
I got up North and Morgantown ever even saw a
pepper any roll. First time I ever saw a pinball
machine that didn't have flippers, the old machines. And I
saw these guys playing them, and they'd rack up games
of what good is it doesn't have flippers? Don't you know?
You get paid for these? If you've got a hundred points,
(25:38):
you'd pay like a dime a point, so you could
get ten dollars if you get the balls to line
up correctly, A big difference in this state. We've got
to take a break. Yeah, let's do this. Maybe we'll
come back. We'll get to some serious legal business.
Speaker 5 (25:51):
Yeah, we'll get it. We'll try to get some topics
when we come back here. Welcome to call. Give us
a call if you wanted to ask Harvey a question.
Put the law on your side. The Peyton Law Firm
threes were four three four five fifty fifty eight threes
four three four five fifty eight fifty eight. More information
online Payton Lawfirm dot com and Nitro Western Virginia. That's
PUY two and Payton Lawfirm dot com. We'll take a
break and be back right after this. You're listening to
ask the lawyer with Harvey Payton from the Payton Law Firm.
I'm Dale Cooper and this is five ADWCHS the Voice
(26:13):
of Charleston.
Speaker 6 (26:14):
If you've been injured, you need a lawyer who knows
West Virginia because they live in West Virginia. Tom and
Harvey Peyton were born and raised here. They've spent decades
fighting for injury victims and they know how to get results.
At the Peyton Law Firm, you get straight talk, strong representation,
and local attorneys who care. Call seven five five fifty
(26:35):
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Speaker 2 (26:39):
The attorney's referenced in this ad are lifelong residents and
are licensed to practice law in the state of West Virginia.
Speaker 5 (26:44):
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Speaker 2 (27:00):
Your words can make a difference called three zero four
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Speaker 4 (27:24):
West Virginia.
Speaker 5 (27:25):
Yeah, until minutes of the toffee hour.
Speaker 4 (27:27):
Yeah, we're gonna be singing that tonight at about eight
thirty in the cool seam and Morgan.
Speaker 5 (27:32):
Now, I hope a little backyard brawl action right.
Speaker 4 (27:35):
After the mountaineers dust off, the ever hated Panthers will
be They'll be gathering in the middle of the floor
and the fans will stick around. We'll send country roads.
I hope I'll be there. It's a gold Rush day today.
My wife and her brother, Ronny and his boy or
we'll quote a rat up with us.
Speaker 5 (27:51):
So, you know, I see the Devrize family doing so
well over at Indiana with a coach and his son
playing really well over there. I really hope that coach,
coach Hodge and West Virginia. You know, they've they've played
pretty well so far. You know, they haven't had great competition,
but it looks like they were starting to put some
things together.
Speaker 4 (28:06):
They could take a while to gel. Yeah, all new team. Yeah,
thirteen kids have never played together before. They do play
with intense intensity on defense. This is a big thing. Yeah,
Tucker Dereez had twenty seven the other night against Barkuett.
God bless him. I mean, he's a great basketball player
and I think his dad sort of sold a short.
Only thing I would have me talk about today to
The Supreme Court of the United States rejected a case
(28:30):
this week. There was a case that went to the court.
Actually it was brought by the clerk from down in Kentucky.
After the Oberfeld decision, which validated same sex parriage nationwide
as a constitutional right. A clerk in Kentucky refused to
issue a license. In fact, then she said, I just
(28:50):
want to issue any licenses. If you want to discriminate
against the gay lesbian community, I just want to issue
any of them. And some litigation resulted. I think she
was sued. Perhaps a criminal misdemeanor was filed against her
for figure to do her job, and that case filed
(29:11):
its way to the Supreme Court, her hope being that
the court would take her case, void her the adverse
effects of her position by reversing obertfell, and the court
declined to hear it. Well, that brought, you know, accolades
(29:32):
from one part of society and grunts from others. I
wouldn't make too much of that. Right the Supreme Court,
they wait for a case that they can decide in
a meaningful fashion. Now you know, you've got a disgruntled
clerk who may have suffered some criminal or civil liability
(29:53):
for refusal to perform an official duty. Essentially a lot
a good case, a lot of good case. Now let's
see what happen. Happens when, say, the trustee of a
local retirement system gets an application from a surviving spouse
who has a same sex or an application for certain
(30:15):
spouse where benefits are made to the government a local
government agency. So they're the issues clear cut. I mean,
that was Robert Byrd's position. He he opposed same sex marriage, said,
I don't know what we're going to do with the
Social Security clerk who's confronted with someone who now says, well,
I'm entitled survivor benefits something completely foreign to them, regardless
(30:37):
of your position on that issue. To me, it hasn't
done any harm. I mean, I assume there are I've
got some good friends who are married, they're same sex,
that they're still the same nice people they were before.
And I don't think that it's affected my life at
all that someone in I say, if somebody wants to
make themselves miserable with a bad marriage, zisco have at it.
(31:03):
It's not going to affect my life here in West Virginia.
But I wouldn't make too much of that. That decision
to not hear a case, that particular case. It was
just a bad case on the facts. You get a
good case on the facts, and you know the position
of justice Thomas, and I think I probably know the
position of justice Alito is that like the right to
(31:28):
an abortion that was found in the Dobbs case not
to be embedded in the Constitution. They are the opinion
firmly that the right to a marriage of any kind
is not necessarily protected in the Constitution. We'll see what
happens when the right case comes along. I suspect they're
going to take one am sometime in the future.
Speaker 5 (31:50):
I'm kind of glad you brought that up. Just I
was thinking about this and had read some things about it,
and I don't know how much of a political animal
the Supreme Court is now. I don't want to make
those assertions. However, if the thought was that this is
something this would be very bad for the incumbent party
because because of the optics of it and that it's
generally well more accepted than it was twenty five years
(32:12):
or twenty years ago when this happened. This isn't the
right case, like you said, you'd have to have a
case that would be politically feasible as well, or you're
just going to wreck one party.
Speaker 4 (32:21):
Well, that's true, but then again it's not. It has
become unfortunately, it has become at least the perceived role
of the United States Supreme Court in our society to
decide big policy issues. That's not the Supreme Court job.
If somebody's going to set policy in a country. I mean,
I've always thought about like the cigarette tobacco litigation, subject
(32:47):
to a lot of criticism, a lot of money changed hands,
a lot of lawsuits were brought. My answer was, look,
Congress could have taken care of this. One or another
of our presidents elected over the last forty years could
have taken a firm position about the harms of tobacco
and whether you need litigation. They could have addressed this.
Asbestos could have been addressed, the scourge of mesas, thelioma,
(33:12):
the long latent disease that can result from asbestos exposure.
Congress could have stepped in. They could have created a fund,
They could have set forth some sort of streamlined process.
It just wasn't politically in tuned. We just didn't have
the leadership in Congress of the state level said the policy.
If the legislative and executive branches will not move forward
(33:36):
to address issues that really affect the American people, well
what's left. The third branch is the judiciary and the lawyers.
It's still a capitalist system. The law is a noble
professions also a way to make a living. And so
if there's a void left by the legislative or executive branch,
(34:00):
the lawyers and the courts are going to fill it.
And that's what we may not be happy with it,
but don't blame the lawyers. Don't blame the courts. Talk
to your elected representatives, to Congress or to the state
legislature and think about it. When there are presidential debates
and say what are we going to do about this issue?
You know we've got you know, the government shut down
(34:21):
in this is I'm kind of getting far afield here
from from from the law. But this events that affect
the people that we represent, whether they're political or practical,
determine the way we think and try to advise our clients. Now,
you know, there's a problem that's going to be coming
(34:42):
with regard to healthcare, affordability of insurance, the ability to
spread the risk of harm among a large pool of
the population. That's all insurance is so risk spreading function
or this really dumb gone Wressmen say, well, this is
a scam because I paid all this money for insurance
(35:04):
and I've never filed a claim. So you know, you
don't understand what insurance is your house. Your house hasn't
burned down either, but you buy homeowners right, you got
life insurance and you haven't died. You buy a piece
of risk avoidance. That's what you're buying. So if indeed
the problem with the expiration of the covid era tax
(35:28):
credits for participation in Affordable Care Act insurance is as
bad as it's predicted to be, then that's going to
come to the forefront. I thought on the shutdown, if
I'd have been in Congress, so we'll I'll vote to
keep the government open. If it's as bad as we
think it's going to be, then you people are going
to own it all and we'll talk about this before
(35:48):
the midterms and we'll go to the ballot box. We'll
solve this problem, which is the way it's supposed to work,
I think in the United States. So yeah, that it
seems to make sense, right you vote. You know, of course,
I don't know what the legislature is going to do
here in West Virginia once they come in, if they're
going to take any steps that will affect the rights
(36:09):
of the people we represent. There's been you know, another
onslaught I was reading an op ed by a local
orthopedic surgeon about availability of health care, and most of
them I thoroughly agreed with it. I think these doctors
are burdened administratively by the necessity of filing all these claims.
(36:30):
I mean, I've represented some physicians and I take a
look at their books. It's that you know, you bill
all this money. But he said, yeah, but we only
get what insurance pays. We can't. You just can't balance bill.
In West Virginia, it's such a small community. If the
word gets out you balance bill, you won't get any customers. Uh,
they don't make as much money as people think.
Speaker 5 (36:47):
They My practice, insurance and loan will will will drain
your bank account pretty quickly.
Speaker 4 (36:52):
Indeed it will. But then, of course then it was well,
we need to reform to eliminate frivolous lawsuits, and I think, well,
you know it's for the author of that peace had
been a party to a really well publicized lawsuit over
the death of a young athlete who submitted to somewhat
(37:15):
of a routine procedure and died as a result of
what appear to be a misplaced epinephrine injection. Adrenaline got
into a vein, and that's it's deadly. It's not the answer.
I mean the answer. One of the answers is when
Larry and we had a Supreme Court justice, we got
(37:37):
oh one minute listen, just like Bob. If you want
to talk, let's come down to the office. If you
have a claim, if you suffer a loss or an injury.
We've been around here long enough, but we know this
area well enough to really help you. And that's what
we're here for. We are here Tom Hawk and Harvey
Fateon to help people. And we state our name, our
(38:00):
reput page off twenty eight oh one, First Avenue in
lythgro West Virginia. Come out in Deers, come out to
nears heard. Threes are a fourth Sunday.
Speaker 5 (38:08):
That's right. We got to get to all of our
local teams winning seven five five fifty five fifty six.
Threes are a four seven five five fifty five fifty six.
Peyton Lawfirm Dot Com. P E Y t O N.
Peyton Lawfirm dot Com. Every Thursday right here at eight
twenty ask the Lawy're on five ad w c HS
the Voice of Charleston once again. Threes are a four
seven five five fifty five fifty six day.
Speaker 4 (38:25):
That one's up next.
Speaker 5 (38:26):
I'll be back this afternoon at three zero six on
the Hotline with Dave Weekly. Have a great day, everyone,
listening to the voice of Charleston. We are w c HS.
Speaker 6 (38:38):
Five eight, w c HSA ninety six point five on
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Speaker 2 (38:47):
We're proud to live here too,
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Speaker 2 (00:15):
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Speaker 3 (00:25):
Our courts.
Speaker 4 (00:27):
Oh created equal.
Speaker 3 (00:34):
Well mass come here in a Kate, I.
Speaker 5 (00:37):
Can fox up. Yeah. Originally I think you you're listening
(01:01):
to the voice of Charleston five ft ewcses. Harvey and
I had too much to talk about before we went
on the air, so we had to finish up our
conversation to come on the air this morning. You're listening
to ask the lawyer. Harvey Payton is here from the
Payton Law Firm. You can get online. Last time, we
had calls from the beginning the show to the end.
You can call us this morning if you'd like it.
Threes are a four three four five fifty eight fifty eight.
Threes are a four three four five fifty eight fifty eight.
You can text three zero four nine three five fives
(01:21):
zeros your eight. Peyton Law Firm located in Nitro, West Virginia,
Peyton Lawfirm dot com, p e y tu in Peyton
Lawfirm dot Com. I'll give you more information as we
get along here this morning, Harvey, how you doing well.
Speaker 4 (01:31):
I'm doing quite well. Dale. It makes me remember as
you and I were talking off the air and then
the bumper music came on. The same rule applies in
a radio studio that applies in hailing a firearm. Treat
every firearm if it's loaded. Ah yes, indeed, treat every
mic as if it's hot. You kind of watch what
you say when you're in the studio because you never
(01:51):
know when you might pop on the air. That's a
beautiful good day again. Today we had that snow and
cold weather, but it's gonna warm up nicely. Driving into Sport,
of course, I like to vary my my route sometimes
I'll come up I sixty four and I wasn't really
sure this morning what the status was going to be
over here on the bridge, so I got off at
Dunbar and came up through Dogtown. Nice drive along the river,
(02:13):
there on Seventh Avenue. I was listening to Dave's commentary
about the Marshall plane crash, so I would be remiss,
I think if we didn't say something about that today
Tomorrow was the fourteenth. I can certain things that you
remember in life, where you were when you heard something.
I remember where I was when, you know, when the
(02:35):
intercom came on at Hayes Junior High School and Principal
Sidebottom said, turned on the radio account of John Kennedy
being shot in Dallas, and where I was standing when
the word came in that he was deceased. You know,
I can remember. I can remember just like it was yesterday.
It was the Saturday in November. I was in the
(02:56):
school in Morgantown. It's my last year of undergrad. The
Mountain had played Syracuse in an afternoon game and won,
and so I'd gone home back I was living over
on we actually at that time, I was living in
a fraternity house. Went back, cleaned up, and went out
to a party and walked in and one of my
friends said, Hey, did you hear what happened at Marshall's.
(03:18):
What are you talking about? And said, they got they
got beaten. Inn't they by East Carolina said no, no, no, no, no,
there was a plane crash. Wow. And you know one
of the one of my high Well, he wasn't a
classmate of mind in high school. Roger Childress was a
year behind me. He graduated in nineteen sixty eight from
Saint Alban's High School. But Roger and I were teammates
because he was a really, really good football player. He
(03:40):
played as a you know at that time it was
you know, ten through twelve school, so Roger played every
game that he was ever eligible to play. He'd been injured,
but for some reason he made the trip went down
to Greenville. It was a big deal for Marshall because
they were going to fly. They had a private, no
(04:02):
charter plane, which was unusual for the Herd at the time.
And that's what happened. I was my dentist in Saint Albans,
where I grew up, was Bruce McCuskey. Doc McCuskey had
been there for decades and he had a chilling in County. Said.
It was probably three o'clock in the morning. He was
at home when the Saint Albans Police Department came to
his house, locked on the doors. The doc. You've got
(04:24):
to come down to the office. We need you to
get Roger Child's dental record scores. When he said boom,
then all of a sudden he said, well, you know
what that means. But I'm like Dave this morning, in
the full impact of what it meant in Huntington didn't
come home to me. All three of my kids and
(04:44):
all three of their spouses attended and graduated from Marshall
up through the early two thousands, but they're not being
down there. But it's about two thousand and six or seven.
I had to try a case in Campbell County. It's
an injury case. May have been injured by a tractor
trailer out on sixty four and the case was pending
(05:07):
in a Circle Court of Cabal County. We're going to
have a start time of nine o'clock on a Monday morning,
but the judge wanted to sell there at eight thirty.
So I got a room down at the Holiday and
Express by Pullman Square the night before, went down early,
took my file with me and I turned on the
TV and what's on it was The Boss Johnson as
Ashes to Glory the documentary and you cannot watch that.
(05:31):
You cannot watch that literally dry eyed, and no matter
where you live, you cannot watch that documentary and not
grasp the total impact on the Huntington community. I mean,
the seventy five wasn't just the team members it would
be today because we got huge coaching staffs and attendant personnel,
(05:51):
but the community leaders, I mean, attorneys, sports figures just gone.
And god Bos Johnson talked about how he attended like
twenty eight funerals, you know, and it's just incredible. So
there's no amount you just can't forget that. And you
(06:13):
know there's this, oh, I guess understated animosity sometimes between
Marshall and WU old fans and alumni, which is certainly
completely out of place and certainly out of place with
regard to what happened in nineteen seventy. Never forget it,
and I guess you know, the ceremony will be tomorrow
(06:35):
they turn off the fountain for the year, and I
can see Roger Childers like it was yesterday. Yeah he was.
But so it's a shame, but life goes on. The
government reopened, Yeah that happened, if that happened, and once
again I had to admit in our office, well there
(06:56):
may have been some impact on some of our clients.
I didn't hear about it. It had little effect that
last We don't do any federal government work. My wife
did work for a while in the US District Court,
but not being a government employee or the beneficiary of
snap benefits not much of an effect. We'll see what
(07:18):
happens once again. President Trump had a good idea that
he's voiced last night. Whether he can implement it or not,
that's the problems sometimes, you know, the ideas aren't followed
up by action. This should never happen again. Well, it
should never happen to start with. Congress needs to get
We need some leadership in the White House, and we
(07:39):
need to get these folks in Congress in a room
and just lay down the law that we're not going
to have. I don't care what your partisan is is.
I don't care about you know what you feel about
your base at home. Your job is here to represent
all the people in the United States. Let's pass these
budget bills. We haven't had a regular budget for what
twenty years. Can't go on this way. That's not a
(08:01):
way to rule the greatest country of the world. We're
going to end up ruining things. Got to get a
handle on this. Uh oh wait, we got a callyhone call.
That's great, we have a caller that's called in already
this morning. And then AUTOCU, what is your first name? Caller,
you have a question for party.
Speaker 3 (08:17):
Bob in poketality code. Bob didn't ready to have a question,
but he just mentioned Roger Childers being in the plane crash.
And I knew Roger from the time he was five
years old, and I followed football all of my life,
(08:39):
and I don't remember anybody I ever knew that had
a fervor for football like Roger did.
Speaker 4 (08:48):
Well, you're right about that, Bob. I mean Roger was
he was a good guy. I mean, you know, you
remember the people that you knew in high school and
remember your classmates, maybe better than underclassmen. But he was
a really good guy. And our coach was Sam LeRose,
who was a wonderful person, and Carl Garner, and I
see coach Crawford. He's now still on the Board of Education.
(09:10):
But in one game they had Roger played the linebacker
and he wasn't that big a guy, but he was
tough as a cob. Oh.
Speaker 3 (09:19):
He was tough. He was tough.
Speaker 4 (09:22):
H he just took it upon himself. We called a
particular defense. Well, Roger, instead of moving up to the
line as he was supposed to, he took about five
steps back and he perfectly anticipated the snap and he
took off running towards a lot of scrimmage before the
ball was snapped, And just as was snapped, he jumped
completely over the center and wrapped the quarterback. And it
(09:45):
was one of the most well you can imagine now
we're all sixteen seventeen, eighteen year old boy sitting in
a locker room watching a but at that time it
was a grainy black and white film, and you can
imagine how that was received. I just I just remember that,
just like.
Speaker 3 (10:00):
You mentioned that he was injured. Actually he had surgery
for a brain tumor.
Speaker 4 (10:05):
Didn't he Well, you know, I believe you're cred. There
was a medical reason that he was. He was disqualified,
he wasn't playing, but he made the trip.
Speaker 3 (10:15):
But his love for football got him on that plane. Yeah,
let me ask you this. You lived on Virginia Heights.
I believe I.
Speaker 4 (10:24):
Actually lived on West Main Street, right across from Fairview
Grade School up on the hill. But yeah, he backed
up to Virginia Heights. I mean I could walk through
the field behind me and up on the hill there
on High Street. Most of my friends lived on Lyck
Skillett out on Fairview Drive or.
Speaker 3 (10:42):
Skillett.
Speaker 4 (10:43):
Really, there are not many people that alive that remember
that name of that area. Larry Robinson lived out there,
and Larry had a lex Skillett reunion down at his
house in Putnam County for several years before he and
Kenny gillowwater around the masonry contracting business. They retired and
Larry went to Florida, but it was a great time.
(11:04):
Lewis had a little grocery store down there that Hensley's
had a grocery store right there. That's where we caught
the school bus.
Speaker 5 (11:09):
Hensley's. Every every morning I would go there. That's where
I caught the bus and I would always get up there,
get off with a pocket full of change, and buy
some some snacks before going home. That was my bus
stop too. So did you go to Fairview, Bob, Yes,
I did. Three Hilltoppers.
Speaker 4 (11:26):
I like it, Yeah exact.
Speaker 3 (11:31):
Did you live out there, Coop, Yeah, I.
Speaker 5 (11:33):
Did when I was let's see, probably from age eleven
to fourteen, I lived in Saint Albans and so it
was like really my adventurous years. Frankly, that's where I
rode the bike all over all over Saint Albans, me
and my friends up there, and so.
Speaker 4 (11:46):
We were all over that, over that area. Yeah, we were.
Speaker 5 (11:48):
We rode our bikes everywhere up there, found all kinds
of like hidden trails and just it was. It was
honestly a great time.
Speaker 4 (11:54):
It was a great childhood. It was indeed, I mean
I a bicycle was the beans of transport. Danny Hendrick
lived down at the bottom of the hill for me
and Bobby Smith lived up on top of the hill
up off of High Street by next door to Jimmy Dotson,
and we'd get on our bicycle. We would ride all
the way out Cole River, across the bridge at Tornado,
back down Smith Creek into Saint Albans, right all over town.
(12:18):
That's of course then before when you got your driver's license,
that sort of changed. Then he laid around the house
and beggs, well, how many you need anything from the store.
You just wanted to drive so bad. That's what I
can't understand about like my grandchildren. Uh, some of them
waited like a year to get a driver's license. With me, buddy.
(12:38):
It was the day after my eighth sixteenth birthday. I
was up at the State Police bricks in South Charlesto,
waiting in line to take the driving test, which I hate,
which I failed. I had practiced and practiced at parallel parking.
I hit the barrel the first time and the trooper said,
out driver on back again. See he said, you gotta
(12:58):
wait a week. So the next week I went back
and it was the same trooper and I really needed
my driver's legs. I was wanting to go to a
to a dance, you know, I had had a date.
I want to take the car and uh. He gets
in the car and we started up and he said
did I have you before? I said, yeah, yeah, you
failed me last week on these barrels. As well. Go
(13:20):
out here and take a right. So we went out
to the one driveway of the State Police headquarters. I
took a rite on Jefferson Roads and take another right
which pulled me right back into the parking lot. He decided,
he said, I was having a bad day that day.
You take this?
Speaker 3 (13:37):
Did I hear you say that? Larry Robinson was retired
to Florida.
Speaker 4 (13:41):
Now yeah he is.
Speaker 3 (13:43):
Oh wow, hadn't seen him for a while.
Speaker 4 (13:49):
Little memories they were that there was the first really
conferentacee I had with death of somebody that I knew
really well. There was there were some Cyruses, not not
not Greg and Paula, but the other Cyrus. You Jean Cyrus.
We called him jean Or. Yeah, he got shot accidentally
(14:13):
there in Hensley's grocery store and killed him. Was that
it was? I mean, we were all played all played
basketball up there at Fairview, and here somebody came up
and said, uh, well, jean Or Cyrus is dead. Well
I went home. I mean it was the first time
I'd ever really I mean, my grandparents that lived down
in Norfolk, Virginia, my mom's parents, they had passed away,
(14:33):
but you know that was a little bit distant. And
while you loved him and cared about him, they lived away.
They were people went. But I saw jean Or Cyrus
all the time, and he was a good guy. He
was older than me. Uh, just like Larry and Stan
Smith and those guys. Uh, they always sort of took
care of the younger group of us that played ball
(14:56):
up there. We looked up to him, looked up. I
remember when Stan Smith came back in the army. Uh.
He played football at Saint Albans and he played for
the Fort Bragg Dragons when he was in the service.
And of course he came back and coached at Saint
Albans uh, which was difficult for me. He started coaching
the last year I was in high school, and I
would I called him stand One day he said, now, Harvey,
(15:22):
you can't be calling me stand. I'm coach Smith. So okay. Joyce,
his sister and I were in from the first grade
all the way through high school together. They lived right
there on the road going into Fairview at the time
when he had to come in.
Speaker 3 (15:35):
The upper end, right there next to the school.
Speaker 4 (15:38):
Yep, right by. Well, listen, boy, was really good to
hear from you. Baby. We ought to sit down and
shoot the bulls stop by the office. Uh. You know.
Larry used to see Larry good Bit and Kenny Gillenwaters partner,
and then I had Calvin Holstein Guernsey, his older brother.
They did some remodeling for me at the house. Calvin
worked out a little partner's local for years years and Uh,
(16:02):
you know, there was just a whole slew of Bob Brammer. Uh.
He worked with us for a while in the office
after he get out of the State Police, doing some
investigative work as his older brother Jimmy got killed in
the State Police. That's another just horrible thing that happened
in the area. And now my daughter lives over in
the house that I my grandmother lived in, and Jimmy Dodson,
(16:25):
who used to live up on the hill, just lives
right pat. Jimmy retired, They did a whole career in
the army, retired as a colonel, full Bird colonel. He's
still living out there across from what used to be
his uncle Freeman Bird's pasture field. Well.
Speaker 3 (16:41):
Actually, in these very early years, Jimmy and his sister
Anne lived directly next door to me, really lick Skillen,
before they moved up on the hill. Let me let
me mention one other thing here before memory Lane. Did
you remember a guy Hugheye Hansjoel. They called him Hacksaw.
Speaker 4 (17:03):
Oh I remember Hacksaw had that big chew at the
back of his mouth all.
Speaker 3 (17:06):
All the time, always, and when he talked to you,
he always had one eye closed.
Speaker 4 (17:11):
Yeah, he loafed out it. If you wanted to see Hacksaw,
you just go down there and drive by the West
Side Volunteer Fire Department. And he had a chair that
he'd leaned back against the wall in front of the
fire department. He could sit and at one spot, thank you.
Speaker 3 (17:26):
Well. Until until he always had his address when they
printed phone books, he always had his address listed as
leek skilled. Yeah, And the phone company tried to make
him stop it, and he wouldn't stop it. But finally
the phone company won and they would not allow him
(17:49):
to list his address in the phone directory as lick
skilled anymore.
Speaker 4 (17:54):
I'm sure that didn't sit well with Hacksaw. He was
one of the He wasn't really a character. I mean
he worked car about it. I mean, I think he
had a pretty good job. He just I just remember
he had more. He's like Nellie Fox times ten. Remember
Nellie Fox always had a chew at the back of
his mouth. He played baseball. I saw. I couldn't see
how he'd put a whole pouch of like red man
(18:14):
in his mouth at one time and to last all day. Well, listen,
we got to go out here.
Speaker 5 (18:20):
Phone call.
Speaker 4 (18:21):
Thanks a lot for that so much. Gett called the
office sometime, let's get together.
Speaker 5 (18:24):
We always like we always like memory Lane quite a bit.
That's that's for sure. You can catch the Peyton Law
Firm when the phone is threes were four seven, five
five fifty five beause he six threes are four seven
five five fifty five fifty six.
Speaker 4 (18:34):
Well, that kind of points out one of the things
that Tom and I are proud of, and we like
to really taut when we talk about the Peyton Law Firm.
And I've I'm seventy six years old. I've lived in
and around Saint Albans, Nitro Hurricane my entire life. Uh,
my friends are all from there. My kids grew up
(18:57):
here and been in and out of these courthouses for
almost fifty two years. Tom's been doing it for twenty
five years. There's a lot of value if you're looking
for a lawyer, if you've got an injury case, you've
got a problem with an insurance company, maybe a disability issue,
or if you just need to talk about some issue
(19:18):
that you have in your private or personal or financial life.
I mean, I can't tell you anybody who to hire.
And we don't spend the money for major television and
billboard ad campaigns, because to do that, you've got to
spend a lot of money, and you've got to keep
(19:39):
at it. But I think you're probably better off, at
least to think about those of us who've been here
for a long long time and know our way around,
as opposed to looking at a billboard that talks about
the biggest law firm in the world. I will say
this about the commercials that that law firm runs there
(20:02):
very well. They must be done in la because they're
really high quality. And the guy that runs the firm
makes some commentary that makes some sense. But those ads
run everywhere. They're running Arizona, they running Virginia, they're running Kentakey,
they run here. But if you want to talk to
the lawyers who know how we live, how the problems
(20:23):
we have, then give the Peyton Law Firm a call.
You can either call us on the telephone at three
oh four seven five five five five five six. You
can stop by the office at twenty eight oh one
First Avenue. Our office has been there in this building
for thirty two years. Before that, it's down the street
in the building that's no longer there, or you can
(20:45):
go online Peyton Lawfirm dot com and when you get there,
you'll see a tab where you can ask a question.
And if you fill that out and send an email,
it only goes to me or to Tom that nobody
else in the office sees it, and we can we
can replace of those than we do. And I've gotten
up sometimes when I can't sleep at night at three
(21:06):
o'clock in the morning and look and see, well, there's
a couple of emails from yesterday, and you can reply
to them. We try and promise, We make a promise
that we try to return every phone call every day.
Now we can't always do that because he gets so busy,
and I don't like to call people after supper time
because first of all, he might be calling during the
day while they're alone and he don't want anybody else
(21:26):
at the house and don't have been calling to a lawyer.
But we do our best, and I've always said and
if we don't keep that promise, then you can call
this radio show the next week can call us out
on it. And that's happened a couple of times, and
you just have to knuckle down when they have and say, well,
I apologize because I promised you I would get promised
everybody we try and get back.
Speaker 5 (21:47):
You've been publicly available on this show for years and
years and years, though, so you've always stood about that.
Speaker 4 (21:51):
I was thinking about that coming in the door, because
my thoughts would look, you think about the past when
you think about you know, November the fourteenth, nineteen seventy.
The first time I walked through the doors in this
station was nineteen ninety nine. That's a long time ago. Yeah, Yeah,
we started I think in December maybe of ninety nine.
(22:12):
Paul Howard was the sales agent, and we've been doing this.
I think we've only missed maybe two or three Thursday
mornings in that period of time. We'll almost do anything
not to miss the radio. Now there may be a time,
like I think in a couple of weeks, I'm not
going to be around Thomas, going to be out of town.
He'll probably do it by phone, which we can do.
(22:35):
But I mean, I think staying power and identity with
the community and knowing your way around these courthouses and
judges means a lot.
Speaker 5 (22:43):
So you know, it reminds me of this, and as
an attorney, you probably get sick of hearing this analogy.
But as a late person and what I've learned from
doing the show with you and Tom for so long,
it really does. Often fiction will reflect reality, just throw
an absurd lens, you know, to try to focus on
certain things. And the old movie that my cousin Vinny movie,
(23:04):
it's not until Joe Peshy starts to incorporate language from
the locals he understands how grit's being made, the correct way,
the long way, he understands how to get around in
the air. I mean, it's absurd, but at the same time,
I think there's a there's a truth that it communicates
that people didn't trust him. He wasn't able to communicate
until he got to know the area. And so that's
what it means to have an attorney. You don't have
(23:25):
to worry about Joe Peshy learning the area, a big
guy from New York. You got your attorneys here that
already know how to cook the grits.
Speaker 4 (23:31):
One of the great movie lines of all time is
Joe Pessi saying, what is a grit? Having grown up
eating grits all the time, I mean, it's it's always
a pleasure when you get they do it out west too.
Out there in the Southwest, grits are big, and of
course they're big down south, but you get up. When
I went to school in Morgantown, I've never seen a
(23:51):
pepperoni roll, right, Yeah, you know. I was at what
up to the JQ. Dickinson Salt Works last Friday. They
had a dinner. I've never been to one of their dinners,
and I was sitting across the table from a man
and his wife from Winterfred. Now she had grown up
I think down in Potnam Cottymas. She said, I'd never
been up with the creek till I met him, but
(24:12):
they've been married for years and years. We were talking
about one of the things on the menu was sort
of the chef's adaptation of a pepperoni roll. Well, I
grew up in Saint oh It was my dad worked
for the post Office and his brother he was a
lifer in the Navy, and my mom would grew up
the coal camp down in Beckley, but she was a nurse. Uh.
(24:34):
But every other member male member of the family that
one of my dad's side, they all worked in the
coal mines, either worked up at Camilton or Valley Camp
on the other side of the river. I mean Bruce
and Clayholder and worked for years and years, and their
dad did up for carbon fuels, and you know, I said, so,
then I got to talk about how did it come
(24:55):
to be that the Pepperoni roll is now the talented
as being that's the coal miner's friend universally. Well, the
miners I knew, And when they filled their dinner bucket
they might have a blowny sandwich or maybe some brown
beans and corn bread, and maybe their wife make a
(25:16):
piece of cake or something put in. There wasn't until
I got up North and Morgantown ever even saw a
pepper any roll. First time I ever saw a pinball
machine that didn't have flippers, the old machines. And I
saw these guys playing them, and they'd rack up games
of what good is it doesn't have flippers? Don't you know?
You get paid for these? If you've got a hundred points,
(25:38):
you'd pay like a dime a point, so you could
get ten dollars if you get the balls to line
up correctly, A big difference in this state. We've got
to take a break. Yeah, let's do this. Maybe we'll
come back. We'll get to some serious legal business.
Speaker 5 (25:51):
Yeah, we'll get it. We'll try to get some topics
when we come back here. Welcome to call. Give us
a call if you wanted to ask Harvey a question.
Put the law on your side. The Peyton Law Firm
threes were four three four five fifty fifty eight threes
four three four five fifty eight fifty eight. More information
online Payton Lawfirm dot com and Nitro Western Virginia. That's
PUY two and Payton Lawfirm dot com. We'll take a
break and be back right after this. You're listening to
ask the lawyer with Harvey Payton from the Payton Law Firm.
I'm Dale Cooper and this is five ADWCHS the Voice
(26:13):
of Charleston.
Speaker 6 (26:14):
If you've been injured, you need a lawyer who knows
West Virginia because they live in West Virginia. Tom and
Harvey Peyton were born and raised here. They've spent decades
fighting for injury victims and they know how to get results.
At the Peyton Law Firm, you get straight talk, strong representation,
and local attorneys who care. Call seven five five fifty
(26:35):
five fifty six today or visit Peyton Law Firm dot com.
Speaker 2 (26:39):
The attorney's referenced in this ad are lifelong residents and
are licensed to practice law in the state of West Virginia.
Speaker 5 (26:44):
The Hussin's Pizza special for November is a large eighteen
inch Pepperoni pizza and an eight inch chocolate chip cookie
for only twenty three ninety nine. Visit your nearest Hustins
for Dinah and pickup or delivery order now at Hussinspizza
dot com.
Speaker 2 (27:00):
Your words can make a difference called three zero four
nine three five five zero zero eight, then leave a
message of gratitude for a veteran or right one online
at WCHS Network at dot com. A salute to veterans
from five eighty w CCHS and Toyota Motor Manufacturing, West Virginia.
Speaker 4 (27:24):
West Virginia.
Speaker 5 (27:25):
Yeah, until minutes of the toffee hour.
Speaker 4 (27:27):
Yeah, we're gonna be singing that tonight at about eight
thirty in the cool seam and Morgan.
Speaker 5 (27:32):
Now, I hope a little backyard brawl action right.
Speaker 4 (27:35):
After the mountaineers dust off, the ever hated Panthers will
be They'll be gathering in the middle of the floor
and the fans will stick around. We'll send country roads.
I hope I'll be there. It's a gold Rush day today.
My wife and her brother, Ronny and his boy or
we'll quote a rat up with us.
Speaker 5 (27:51):
So, you know, I see the Devrize family doing so
well over at Indiana with a coach and his son
playing really well over there. I really hope that coach,
coach Hodge and West Virginia. You know, they've they've played
pretty well so far. You know, they haven't had great competition,
but it looks like they were starting to put some
things together.
Speaker 4 (28:06):
They could take a while to gel. Yeah, all new team. Yeah,
thirteen kids have never played together before. They do play
with intense intensity on defense. This is a big thing. Yeah,
Tucker Dereez had twenty seven the other night against Barkuett.
God bless him. I mean, he's a great basketball player
and I think his dad sort of sold a short.
Only thing I would have me talk about today to
The Supreme Court of the United States rejected a case
(28:30):
this week. There was a case that went to the court.
Actually it was brought by the clerk from down in Kentucky.
After the Oberfeld decision, which validated same sex parriage nationwide
as a constitutional right. A clerk in Kentucky refused to
issue a license. In fact, then she said, I just
(28:50):
want to issue any licenses. If you want to discriminate
against the gay lesbian community, I just want to issue
any of them. And some litigation resulted. I think she
was sued. Perhaps a criminal misdemeanor was filed against her
for figure to do her job, and that case filed
(29:11):
its way to the Supreme Court, her hope being that
the court would take her case, void her the adverse
effects of her position by reversing obertfell, and the court
declined to hear it. Well, that brought, you know, accolades
(29:32):
from one part of society and grunts from others. I
wouldn't make too much of that. Right the Supreme Court,
they wait for a case that they can decide in
a meaningful fashion. Now you know, you've got a disgruntled
clerk who may have suffered some criminal or civil liability
(29:53):
for refusal to perform an official duty. Essentially a lot
a good case, a lot of good case. Now let's
see what happen. Happens when, say, the trustee of a
local retirement system gets an application from a surviving spouse
who has a same sex or an application for certain
(30:15):
spouse where benefits are made to the government a local
government agency. So they're the issues clear cut. I mean,
that was Robert Byrd's position. He he opposed same sex marriage, said,
I don't know what we're going to do with the
Social Security clerk who's confronted with someone who now says, well,
I'm entitled survivor benefits something completely foreign to them, regardless
(30:37):
of your position on that issue. To me, it hasn't
done any harm. I mean, I assume there are I've
got some good friends who are married, they're same sex,
that they're still the same nice people they were before.
And I don't think that it's affected my life at
all that someone in I say, if somebody wants to
make themselves miserable with a bad marriage, zisco have at it.
(31:03):
It's not going to affect my life here in West Virginia.
But I wouldn't make too much of that. That decision
to not hear a case, that particular case. It was
just a bad case on the facts. You get a
good case on the facts, and you know the position
of justice Thomas, and I think I probably know the
position of justice Alito is that like the right to
(31:28):
an abortion that was found in the Dobbs case not
to be embedded in the Constitution. They are the opinion
firmly that the right to a marriage of any kind
is not necessarily protected in the Constitution. We'll see what
happens when the right case comes along. I suspect they're
going to take one am sometime in the future.
Speaker 5 (31:50):
I'm kind of glad you brought that up. Just I
was thinking about this and had read some things about it,
and I don't know how much of a political animal
the Supreme Court is now. I don't want to make
those assertions. However, if the thought was that this is
something this would be very bad for the incumbent party
because because of the optics of it and that it's
generally well more accepted than it was twenty five years
(32:12):
or twenty years ago when this happened. This isn't the
right case, like you said, you'd have to have a
case that would be politically feasible as well, or you're
just going to wreck one party.
Speaker 4 (32:21):
Well, that's true, but then again it's not. It has
become unfortunately, it has become at least the perceived role
of the United States Supreme Court in our society to
decide big policy issues. That's not the Supreme Court job.
If somebody's going to set policy in a country. I mean,
I've always thought about like the cigarette tobacco litigation, subject
(32:47):
to a lot of criticism, a lot of money changed hands,
a lot of lawsuits were brought. My answer was, look,
Congress could have taken care of this. One or another
of our presidents elected over the last forty years could
have taken a firm position about the harms of tobacco
and whether you need litigation. They could have addressed this.
Asbestos could have been addressed, the scourge of mesas, thelioma,
(33:12):
the long latent disease that can result from asbestos exposure.
Congress could have stepped in. They could have created a fund,
They could have set forth some sort of streamlined process.
It just wasn't politically in tuned. We just didn't have
the leadership in Congress of the state level said the policy.
If the legislative and executive branches will not move forward
(33:36):
to address issues that really affect the American people, well
what's left. The third branch is the judiciary and the lawyers.
It's still a capitalist system. The law is a noble
professions also a way to make a living. And so
if there's a void left by the legislative or executive branch,
(34:00):
the lawyers and the courts are going to fill it.
And that's what we may not be happy with it,
but don't blame the lawyers. Don't blame the courts. Talk
to your elected representatives, to Congress or to the state
legislature and think about it. When there are presidential debates
and say what are we going to do about this issue?
You know we've got you know, the government shut down
(34:21):
in this is I'm kind of getting far afield here
from from from the law. But this events that affect
the people that we represent, whether they're political or practical,
determine the way we think and try to advise our clients. Now,
you know, there's a problem that's going to be coming
(34:42):
with regard to healthcare, affordability of insurance, the ability to
spread the risk of harm among a large pool of
the population. That's all insurance is so risk spreading function
or this really dumb gone Wressmen say, well, this is
a scam because I paid all this money for insurance
(35:04):
and I've never filed a claim. So you know, you
don't understand what insurance is your house. Your house hasn't
burned down either, but you buy homeowners right, you got
life insurance and you haven't died. You buy a piece
of risk avoidance. That's what you're buying. So if indeed
the problem with the expiration of the covid era tax
(35:28):
credits for participation in Affordable Care Act insurance is as
bad as it's predicted to be, then that's going to
come to the forefront. I thought on the shutdown, if
I'd have been in Congress, so we'll I'll vote to
keep the government open. If it's as bad as we
think it's going to be, then you people are going
to own it all and we'll talk about this before
(35:48):
the midterms and we'll go to the ballot box. We'll
solve this problem, which is the way it's supposed to work,
I think in the United States. So yeah, that it
seems to make sense, right you vote. You know, of course,
I don't know what the legislature is going to do
here in West Virginia once they come in, if they're
going to take any steps that will affect the rights
(36:09):
of the people we represent. There's been you know, another
onslaught I was reading an op ed by a local
orthopedic surgeon about availability of health care, and most of
them I thoroughly agreed with it. I think these doctors
are burdened administratively by the necessity of filing all these claims.
(36:30):
I mean, I've represented some physicians and I take a
look at their books. It's that you know, you bill
all this money. But he said, yeah, but we only
get what insurance pays. We can't. You just can't balance bill.
In West Virginia, it's such a small community. If the
word gets out you balance bill, you won't get any customers. Uh,
they don't make as much money as people think.
Speaker 5 (36:47):
They My practice, insurance and loan will will will drain
your bank account pretty quickly.
Speaker 4 (36:52):
Indeed it will. But then, of course then it was well,
we need to reform to eliminate frivolous lawsuits, and I think, well,
you know it's for the author of that peace had
been a party to a really well publicized lawsuit over
the death of a young athlete who submitted to somewhat
(37:15):
of a routine procedure and died as a result of
what appear to be a misplaced epinephrine injection. Adrenaline got
into a vein, and that's it's deadly. It's not the answer.
I mean the answer. One of the answers is when
Larry and we had a Supreme Court justice, we got
(37:37):
oh one minute listen, just like Bob. If you want
to talk, let's come down to the office. If you
have a claim, if you suffer a loss or an injury.
We've been around here long enough, but we know this
area well enough to really help you. And that's what
we're here for. We are here Tom Hawk and Harvey
Fateon to help people. And we state our name, our
(38:00):
reput page off twenty eight oh one, First Avenue in
lythgro West Virginia. Come out in Deers, come out to
nears heard. Threes are a fourth Sunday.
Speaker 5 (38:08):
That's right. We got to get to all of our
local teams winning seven five five fifty five fifty six.
Threes are a four seven five five fifty five fifty six.
Peyton Lawfirm Dot Com. P E Y t O N.
Peyton Lawfirm dot Com. Every Thursday right here at eight
twenty ask the Lawy're on five ad w c HS
the Voice of Charleston once again. Threes are a four
seven five five fifty five fifty six day.
Speaker 4 (38:25):
That one's up next.
Speaker 5 (38:26):
I'll be back this afternoon at three zero six on
the Hotline with Dave Weekly. Have a great day, everyone,
listening to the voice of Charleston. We are w c HS.
Speaker 6 (38:38):
Five eight, w c HSA ninety six point five on
Charleston one oh four point five Cross Lanes, w VRC
Media Station.
Speaker 2 (38:47):
We're proud to live here too,
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