Simon Law Firm - November 2019
www.christophersimon.com
404-259-7635
November 2019
How Does the Court Determine Liability Against Franchises? Where to Drawthe Line
There were two important verdicts made against Avis Car Rental’s corporate office and its franchise in Atlanta in the last two years. I consider the lawyers on both sides of the case friends and fine attorneys, but the case's outcomes provide an interesting story. The case arose out of a tragic accident. An Avis franchise employee stole a car from the parking lot, and five hours later, he was chased by the police. The driver lost control and hit two young ladies sitting on a wall, resulting in the amputation of a leg for one woman and nearly $1 million in medical bills for the other. The civil cases were tried separately, and one case ended with a resulting verdict of $7 million. In the amputation case, a verdict of over $45 million in compensation was returned partially against Avis National. However, there is a long-standing legal precedent that says that the franchiser is not liable for the acts of the franchisee. In a Halloween decision, the Court of Appeals threw out the $7 million verdict entirely. The interesting part of the ruling seems to be the court's focus on time and separation of acts. While considering the issue of
whether Avis was directly liable for failing to foresee that an employee would steal a car, get in a police chase, and ultimately cause harm to innocent pedestrians, the court examined how closely connected the successful theft of the car and the injury event were. The Court ultimately ruled that “[The driver’s] intervening criminal conduct … was the proximate cause of [the victim’s] injuries. So, Avis was entitled to judgment as a matter of law.” When considering the intervening cause, the court wrote "a venerable line of authority hold[s] that the alleged negligence of the owner [in creating conditions that allowed a vehicle to be stolen] is not the legal cause of personal injuries sustained due to the negligent operation of a stolen vehicle by a thief.” (Punctuation and citations omitted.) I recently had a discussion with a client who wanted to sue a hospital where a person admitted for insanity escaped, stole an ambulance with the keys in it, and ultimately collided with the client. But there were two reasons why the claim against the hospital would not fly. 2. The Court of Appeals’ decision in the Avis case makes it pretty clear that if the vehicle is pulling out of a parking lot and causes the crash, there is no break in the chain of causation. But the farther you get away in distance and time from the event, the less one is related to the other, from an approximate cause perspective. The end of the appeals in the case are ahead as it makes its way to the Supreme Court of the United States, but the principle will likely hold. You are not legally responsible for every single thing that happens after you commit a wrong act. There must be a pretty tight relationship. 1. The keys are in the ambulance to save time and lives when the EMTs have to respond to an emergency quickly. It's not negligence.
–Christopher Simon
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Point by Point REVOLUTIONIZEYOURBUSINESSWITHBULLET JOURNALING
When you’re an entrepreneur or a business leader, your to-do list can feel more like a novel than a manageable list. But what if you could order your thoughts, track your accomplishments, and maintain organization all on your own terms? It may sound too good to be true, but bullet journaling does just that. What Is It? Despite what the name may suggest, bullet journaling has little to do with writing out your feelings — unless you want to do that! Instead, it’s a log of all your to-do lists, reminders, and tracking systems in one convenient place. The goal is to complete tasks and update your journal each day. You can even download a companion app to digitally stay on top of your tracking. The beauty of bullet journaling is customization. If you’re a visual person, create drawings or tape down pictures to represent your tasks. If you prefer precise outlines, use ruled pages to order Being active doesn’t have to mean going to the gym every single day. An active lifestyle can be as simple as going for a walk around the neighborhood for a few minutes a day. There are plenty of ways to exercise during daily activities like shopping, spending time with your kids, or hanging around the house. Park farther away. A lot of people will spend several minutes trying to find a parking space as close as they can to the entrance of a store. However, parking a little farther away will help you score a better parking space and make sure you get your steps in for the day. Do some yoga. You don’t have to push yourself to your absolute limit in order to stay active. There are other, gentler ways to exercise than running 5 miles a day. Tai chi or yoga are excellent low-impact alternatives to keep your body fit and healthy.
each goal and its subtasks. A bullet journal can include every aspect of your business down to the smallest logistical details, or it can break down a single, complicated aspect, such as vendor tracking, into one journal. The look and function of your bullet journal is completely up to you and your process. shares a couple key components. First, you need a legend or key to identify what symbols mean throughout your journal. For example, a square next to a task may indicate it is a high priority, or a star may mean a task has been completed. Any group of symbols will work, but consistency keeps you organized. Second, you need a calendar in your bullet journal. That way, you can organize your goals by year, month, week, or day and keep track of smaller goals along the way. Throughout your journal, create separate sections for as many How Do I Do It? Despite the versatility, every bullet journal
breakdowns as you want, but the key is to keep it all connected.
No longer do you need to carry around a to-do list, a planner, and a calendar. Turn to bullet journaling to revolutionize the way you organize. For more tips, inspiration, and information on how bullet journaling can help you and your business, visit BulletJournal.com.
Too Busy to Work Out? 5 SIMPLEWAYS TO STAY ACTIVE
Reduce TV time. It can be tempting to plop down in front of the television after a long day at work or after dinner, but you can also use this time to be active. Get the family together
for a walk around the neighborhood, take a few minutes to dance to some of your favorite tunes, or do some light cleaning around the house. Put a spin on date night. Forget dinner and a movie. Instead, try taking your date out for a round of miniature golf, indoor rock climbing, an evening stroll, a bike ride, or dancing. You’ll have more fun while doing your body good. Grab a leash. Having a dog gives you plenty of opportunities to stay active. If you don’t have a dog, try asking a neighbor or friend if they would like their dog walked, start a dog- walking service, or volunteer at a local animal shelter. There are plenty of ways to make staying active a part of your daily routine! With enough creativity and motivation, you can turn any activity into an active one.
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WORD SEARCH
THE INSURANCECOMPANY IS STILL INVESTIGATINGMYCLAIM! Law in Real Life It’s not uncommon for clients to call our office in a panic. After an accident, it can be nerve-wracking to navigate an unclear path of claims processes, healing, and damage repair. One of the most common concerns we hear goes like this: “Someone hit my car, and their insurance company says they are still investigating even though it has been several weeks! My vehicle isn’t repaired yet! What do I do!?” The good news is there are options for you while you wait for the insurance company to finish their investigation, but they could be stalling for a number of reasons. 1. The driver they insure is telling them a conflicting version of the story. To an extent, insurance companies are obligated to trust their driver, but they must also vet out inconsistencies. 2. A car on their insurance plan was driven by someone who is not covered by them. The company would investigate whether the coverage would still apply. 3. If you have no insurance or an injury, the insurance company could be hoping the case is dropped. Most companies bank on the fact that this would be very difficult for any lawyer. Regardless of your situation, you deserve to be compensated for your injuries. At The Simon Law Firm, we know there are a few options and steps you can take when the other driver’s insurance company is not swiftly investigating your accident. 1. If there is only property damage and no injuries, use your insurance company’s collision coverage to pay for the repairs. Later on, you will get your deductible back through intercompany arbitration. 2. If you don’t have insurance or an injury, a lawyer can file a bad faith property damage demand letter to set the process for compensation in motion. 3. Keep in mind that contingency-fee lawyers only work cases with physical injuries, so they can get paid. In any other instance, you will have to pay out of pocket. 4. If the insurance company is refusing to deal with your injury, hire a lawyer to press the company for compensation. Don’t let the insurance company bully you into submission. Our experts at The Simon Law Firm can stand up for you and your family when an accident and the insurance company knock you down. Learn more by calling 404-259-7635.
APPLES PIE
CROPS THANKSGIVING HOLIDAY FALL
SCARECROW CHILLY SWEATER
PUMPKIN HARVEST
Vegan Biscuits With Maple ‘Butter’ Ask any of your vegan friends and they’ll tell you it’s impossible to detect whether bread has dairy simply by looking at it. That can be tricky on Thanksgiving when ingredient labels aren’t always ready at hand. These biscuits solve that problem deliciously. INGREDIENTS
For the Biscuits •
•
1/2 cup vegan margarine, plus extra for brushing 1/2 cup nondairy milk, ideally soy, almond, or rice
2 cups all-purpose flour, plus extra for work surface
•
• •
1 tbsp baking powder
For the “Butter” •
3/4 tsp salt
1 cup vegan margarine, room temperature
DIRECTIONS 1. Heat oven to 425 F. 2. In a bowl, whisk together dry ingredients. 3. Cut in margarine until you achieve a mealy texture with a few large margarine clumps. 4. Add milk and stir until just barely combined. 5. Spread out on cutting board and cut dough into rings. 6. Place on baking sheet, coat with margarine, and bake for 10–12 minutes. 7. For butter, fold together margarine and maple syrup. 8. Serve biscuits alongside butter. • 1/4 cup maple syrup
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A Recent Atlanta Case Has Big Implications 1 Bullet Journaling for Your Business Simple Ways to Stay Active 2 What to Do When the Insurance Company Stalls Vegan Biscuits With Maple ‘Butter’ 3 Stay in a Real Castle 4 Every year, tourists flock to Disney’s “Magic Kingdom” and marvel at Cinderella's iconic castle. As fun as it is to see this Florida-based attraction, it would be even more magical to step back in time and visit a real medieval citadel. What if you could walk the same ramparts as Roman legionnaires and climb the same towers as French kings? If this idea gives you goosebumps, pack your bags for Carcassonne, France. A four-hour train ride from Paris, towering above the rolling vineyards of southern France, you’ll find one of the most intact, accessible castles in Europe. With sweeping, concentric walls and 53 elegant towers, the Cité de Carcassonne is a breathtaking sight. Once an impenetrable border fortress between the kingdoms of France and Aragon, the gates now stand open to anyone curious enough to walk its cobblestone streets.
Carcassonne THE REAL MAGIC KINGDOM
In fact, you can stay in the ancient city yourself. The five-star Hotel de la Cité Carcassonne occupies a former bishop’s palace and overlooks the inner ramparts of the fortress. With medieval tapestries and gorgeous woodwork in the hotel’s interior, you’ll feel like you’re living among French royalty. Of course, if you’d prefer lodging with the commoners, plenty of quaint bed-and-breakfasts exist just across the Aude river. With rustic cafes, fresh crepes, and bustling crowds making their way down the twisting cobblestone streets, the surface-level experience of Carcassonne would be enticing to anyone wanting to explore the French countryside. But
for those who want to delve into the history of this storied castle, grand narratives await you.
Just walking the walls of Carcassonne paints a picture of the past. While the outer fortifications were built by Louis IX and Phillip III, a section of the inner wall is far older. The red brick used in this part of the construction dates back to before the existence of France itself. Roman troops first fortified the hillside town around 100 BCE, giving every stone of this site a story to tell. If you’ve ever dreamed of experiencing medieval life for yourself, your adventure awaits in Carcassonne.
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