Weirton Legal Issues Blog

A vehicle being driven erratically is certainly a cause for concern, whether on a road in West Virginia or elsewhere around the country. Out-of-control motorists are much more likely to be involved in motor vehicle accidents. Such was the case recently in Martinsburg, when a car recently crashed into a parked vehicle after driving through a fence.

According to officials from the West Virginia Department of Highways, a car was traveling in an allegedly suspicious manner in the northbound lane of Interstate 81. A state police officer on road patrol had spotted the vehicle and began to follow it. Although the officer tried to stop the car, the driver continued on the highway. After exiting the interstate a few miles later, the car hit a fence, then entered a parking lot.

On June 7, 2019, several new statutes went into effect that amount to a sweeping change of the expungement laws in West Virginia. The new statutes now permit the expungement of certain felony convictions. They also relaxed the standards for having misdemeanors expunged.

A person convicted of a nonviolent felony may now petition the circuit court in which the conviction occurred for expungement of the conviction and the records associated with that conviction. Multiple nonviolent felony convictions may also be expunged if the convictions arose from the same transaction of events. However, the person must wait until at least five (5) years have passed since the completion of any sentence or probation before the petition for expungement of a felony can be filed.

Many West Virginia residents and others around the nation enjoy meeting family and friends at restaurants and bars. Good food and drinks, laughter and conversation are the typical expectations of these gatherings. Unfortunately, one such outing resulted in a serious slip-and-fall injury to a man in another state several years ago. His lawsuit against the establishment has recently been given new life after once thinking it would not continue.

In 2015, a man had gone to a pizza and sports bar for some drinks. According to court reports, although he had consumed two 12-ounce beers before leaving the restaurant, he was not intoxicated. As he was exiting, he slipped and fell on a portion of wet flooring. The man had to undergo numerous surgeries, has screws in his ankle and is forced to walk with a cane. He can no longer run or exercise and still experiences intermittent pain in his leg.

Steak 'n Shake restaurants are located in West Virginia and in other regions in the country and around the world. The fast food chain is known for its burgers, fries and numerous varieties of milkshakes. Many families patronize the locations while traveling or eating out near home. Unfortunately, the chain finds itself in some trouble as it faces a class action lawsuit over the misclassification of certain jobs.

The lawsuit was initially filed in 2017 in another state. A ruling was made in May 2019 that required Steak 'n Shake to pay around 300 managers and their attorneys $7.7 million. This companion lawsuit involves roughly 1,200 employees who claim that their jobs have been misclassified by the restaurant chain.