...accidents shouldn't hurt twice...handling car accidents,

motorcycle accidents,truck accidents, slip and fall accidents and dog bite cases

Serving Martinsburg, Eastern Panhandle of WV, MD, and VA

Internal workings: a blog

To Create an IAC or Not?

Posted on 22 September, 2015 at 14:45 Comments comments (8)

Call me odd, but one of the things I like to do is to go to the West Virginia Supreme Court website, and read through the new opinions.  My particular favorite is a juicy civil case, with an engaging fact pattern, a novel question about the law, and a well reasoned, understandable, and USABLE explanation of the law.  Too often, however, I have to make my way through heaps of WC (Workers' Compensation Appeals), the vast majority of which a...

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Tinkerbell, the pit bull, lives!

Posted on 21 September, 2015 at 10:50 Comments comments (1)

I haven't written on this blog since the early part of the Summer.  Part of my problem was the lethargy that comes with the warmer months, and another part of my problem was that I seemed to be writing to myself.  I've finally gotten over both the lethargy, and caring whether anyone reads my scribblings or not.  So I began to look at some of the older posts, and found that there were several posts that could probably use some freshening up....

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Garry Geffert hits it out of the park!

Posted on 26 May, 2015 at 15:35 Comments comments (0)

Ordinarily I try to write new content for these blog posts, but today I will happily throw off that constraint.  Today, I am writing in praise of another local attorney, and his letter to the editor that was published in the Monday, May 25, 2015 edition of The Journal.  In his letter, Legislative majority is not worker-friendly, local attorney, Garry Geffert identifies two bills passed by the 2015 legislature which have substantial...

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Amtrak and caps: what does it mean to you?

Posted on 19 May, 2015 at 15:50 Comments comments (0)

Yesterday, Monday, May 18, 2015, I was reading the local paper, The Journal, when I came across an article entitled:  Amtrak could pay more than $200 million to crash victims. The article was on page A3 and below the fold. In my opinion it should have been on the first page and in huge bold face. That's how important any news article is that serves to educate us about damage caps.


What is a damage cap? A cap on damages is a legislative creation that puts an arbit...

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Delegate Overington: Consistently Wrong on Judicial Hellhole

Posted on 11 May, 2015 at 16:50 Comments comments (1)

"Foolish Consistency is the hobgoblin of little minds..." said Ralph Waldo Emerson.  When I think of Delegate Overington, the Republican delegate representing the 62 District of West Virginia, I often think of Mr. Emerson and his famous discourse on consistency.  Delegate Overington, who is a very nice man, I'm sure, is the longest serving legislator in the West Virginia House of Delegates, having served, I believe, 29 years.  During those ...

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Should Tinkerbell the pit bull live?

Posted on 4 May, 2015 at 16:55 Comments comments (2)

From the perspective of one who handles dog bite cases, and who also loves dogs, there is an interesting case set for argument before the Supreme Court of Appeals of West Virginia on May 12, 2015.  It is styled as State of West Virginia v. Blatt, No. 14-0757.  In a nutshell, nine year old Nicholas Blake owned a pit bull terrier mix breed dog, who he had named Tinkerbell.  On March 31, 2014, some of the neighborhood children, includin...

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End Run Around the Constitution?

Posted on 23 April, 2015 at 13:40 Comments comments (0)

     On November 12, 2013, in a case, probably not noted by many people, the West Virginia Supreme Court of Appeals did away with the "open and obvious doctrine in premises liability negligence actions."  The case was Hersh v. E-T Enterprises.  The 'open and obvious' doctrine had existed in West Virginia since 1902, and, generally, stood for the proposition that if a hazard on another's property was open and obvious to a reasonable man, than a visitor to that p...

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Too Many Lawsuits?

Posted on 20 April, 2015 at 11:30 Comments comments (0)

I was all set to sit down and write a nice little, innocuous blog post reflecting on the ATV editorial that was in the April 15, 2015 edition of The Journal.  It is a rare thing, but I finally found myself in agreement with The Journal.  In a nutshell:  ATVs are wonderful machines, but if they are not operated properly, they will maim and kill.  The Journal then went on to urge all ATV riders to be safe.  I couldn't agree more.

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