Simon Law February 2019

Simon Law February 2019

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February 2019

When is It Their Fault?

The law basically says if you do something stupid or illegal and someone gets hurt because of it, you can be held legally responsible. This simple concept has been stretched to fit odd facts many times, and today we are discussing situations that test it. In a 1996 case, Marissa M. Smith v. Commercial Transp., Inc., 220 Ga. App. 866 (Ga. App., 1996), a tractor trailer flipped over at 4:30 a.m. and blocked all lanes of traffic. Two hours later, with traffic backed up for two miles, along comes the plaintiff, riding in her brother’s car. Her brother does not realize traffic is stopped and slams into a stopped car, which results in her death. The law says that if a person’s own negligence is more than 50 percent to blame, they get nothing. First, the court had to look at how much of the blame was on the driver for not stopping before impact, and second, they had to look at how much of the blame was on the original truck driver because they flipped and caused the back up in the first place. The insurance company for the truck argued that since the original crash was six hours before and two miles away, it was disconnected from the later crash and could not be blamed. The Court of Appeals disagreed and allowed the jury to consider the issue of who was more to blame and in what percent. That logic was also followed in a 2014 case, Reed v. Carolina Cas. Ins. Co., 327 Ga. App. 130 (Ga. App., 2014), where a tractor trailer driver got tired and pulled over into

the emergency lane to sleep. Along came a speeding driver with a .96 blood alcohol content. The driver lost control, swerved all over the road, and ended up hitting the truck in the emergency lane. The vehicle burst into flame, and the drunk driver burned to death in the tragedy. There is blame to go around, right? The truck driver and his insurance company argued that he was not to blame, even though it is illegal to park in the emergency lane. They tried to say that the drunk driver was clearly more than 50 percent responsible for his own crash, so the case shouldn’t go to jury. The Court of Appeals repeated the rule “questions of negligence, diligence, contributory negligence, and proximate

cause are peculiarly matters for the jury, and a court should not take the place of the jury in solving them, except in plain and indisputable cases.” Basically, fault has to be without question for a case to not be considered by a jury. The court ruled that issues of degrees of blame — even when the plaintiff is drunk and impaired — are still issues that go to a jury for trial and cannot be thrown out by the court on summary judgment.

What do you think of the court’s reasoning?

–Christopher Simon

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Breaking Through the TV Terminology 4K, HDR, AND OLED DEFINED

When you shop for a new TV these days, you’re greeted with a bevy of acronyms and numbers — marketing terms you can’t make sense of. These are terms like 4K, HDR, and OLED, just to name a few. TV makers leave it up to you to figure out what these terms mean. Well, look no further. We’re going to cut through the marketing speak and get to the point. Here’s what today’s popular TV marketing terms really mean. 4K The TV buzzword “4K” has replaced “HDTV” and “1080p” as the go-to marketing term. In short, it’s a reference to the number of pixels on the screen. Standard high-definition TVs (1080p) have a vertical resolution of 1,080 pixels and a horizontal resolution of 1,920. Here’s where it gets weird. 4K TVs have a vertical resolution of 2,160 pixels with a horizontal resolution of 3,840. Marketers decided to swap the vertical resolution as their reference point with the horizontal resolution, because higher numbers Whether you’re the CEO of a major tech-savvy corporation or a freelancer, your eyes should be set on your next marketing move in this digital age. While spinning signs on sidewalks and flying banners from the backs of airplanes may be considered staples of public outreach to some, the tides are shifting to more targeted ways of reaching your future clientele. Virtually any business can benefit from utilizing hyperlocal advertising and its many strategic facets. Hyperlocal advertising refers to the process of hyperspecific or niche marketing campaigns implemented for a certain focus area. This can manifest in many comprehensive forms, depending on the specific needs of the business. A local mom and pop restaurant may choose to take advantage of hyperlocal advertising by sending ads to potential customers within a 5-mile radius during the hours they are most

are more impressive, right? But 4K TVs seem to fall short of the moniker. Regardless, these TVs have improved color and image quality over standard HD, but you have to have devices — such as the PlayStation 4 Pro or a Blu-ray player — or services that output in 4K to take advantage of the boost in pixels.

HDR High Dynamic Range, or HDR, is a type of image processing. When an image is processed, HDR is used to increase or decrease the luminosity of the image. It means bright whites, deeper blacks, and improved colors overall. It’s been used in photography for decades and in video since the 1990s. Most 4K TVs have built-in HDR processing, resulting in better color quality, which translates to better image quality overall.

OLED Short for organic light-emitting diode, OLED TVs feature a microscopically thin layer of an organic compound that emits light when an electric current is introduced. Typical LED TVs rely on a backlight in order to produce a lit, visible image. These backlights take up space, resulting in a thicker TV. The major advantage of OLED TVs is they are incredibly thin and light, and they produce deeper blacks for an improved color and image quality.

Hyperlocal Advertising for the Broad Modern Business MARKETING STARTS RIGHT NEXT DOOR

informed about your current demographics or the demographics you’re hoping to reach, there are several methods to effectively implement hyperlocal advertising tactics. By using GPS and IP addresses, you’ll be able to target ads to specific cities, streets, and even buildings by inputting their coordinates. After you’ve narrowed it down, you can choose which areas work best for your goals. A mechanic shop expanding to a new city may cast a wider net, while a high-end jeweler may target areas with higher incomes. With hyperlocal strategies, your advertisements can be catered on a variety of digital platforms, like social media, streaming services, and apps. These new-age technologies will give you more exposure and patronage for your ever- expanding business!

likely to be hungry, on their lunch breaks, or when they are otherwise free to stop in for a bite to eat. Alternatively, a major car dealership in a metropolitan area could target their potential audience by running ads during local professional sports games. So how does this work for YOUR business? It all depends on your desired campaign for your targeted region. Assuming you’re well-

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WORD SEARCH

OVERCOME RESISTANCE AND GET OUT OF YOUR OWN WAY ‘Do the Work’

Few modern authors have a resume as colorful or textured as Steven Pressfield. A graduate of Duke University, the best-selling author served in the Marine Corps, drove tractor trailers, taught school children, and worked as an oil field roustabout — all before penning his first published work. Having struggled as a writer for 17 years before seeing his first paycheck, it’s no surprise that Pressfield has plenty of wisdom to share when it comes to making long-term dreams a reality. Pressfield first addressed the challenges aspiring artists, entrepreneurs, and athletes face in “The War of Art.” This guidebook lays out Pressfield’s core philosophy that a creator is their own greatest enemy. It’s in this work that he first coined his idea of “resistance,” Pressfield’s word for the self-defeatist attitude that causes so many great ideas to be left on the drawing board. “Do the Work” is a follow up to it, prescribing Pressfield’s antidote to resistance — you guessed it: doing the work. Compared to its predecessor, “Do the Work” is a quick read. Though it’s less than 100 pages, what this guide lacks in length it makes up for in specificity and approachability. The book is laser-focused on helping anyone who is undertaking creative endeavors to identify their own resistances and overcome them. Combined with Pressfield’s no- nonsense delivery, every page is filled with the distilled, biting wisdom of a man wholly dedicated to his craft. Pressfield manages to strike a tone that is stern, humorous, cynical, and at times even whimsical without missing a beat. You can feel the author smirking at you through the page when he tells you, “Stay stupid. Follow your

Aquarius Chocolate February Leap Roses

Year Arrow Cupid Flowers Love

Sweet Candy

Heart Pisces Valentine

Tiramisu

INGREDIENTS

• • •

6 egg yolks

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24 packaged ladyfingers

3 tablespoons sugar 1 pound mascarpone cheese

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1/2 cup bittersweet chocolate shavings, for garnish

unconventional, crazy heart.” He dares you to pick your pen back up and return to your drawing board. “Do the Work” crackles with the tempered passion and biting wit of a learned master. If you’re looking to reignite your creative spark, “Do the Work” needs to be a permanent fixture on your nightstand.

•

1 1/2 cups strong espresso, cooled

•

2 teaspoons dark rum

DIRECTIONS 1. In a large mixing bowl, use a whisk to beat together egg yolks and sugar until thick and pale, about 5 minutes. 2. Add mascarpone cheese and beat until smooth. 3. Fold in 1 tablespoon of espresso. 4. In a small, shallow dish, combine remaining espresso with rum. Dip each ladyfinger into mixture for 5 seconds. Place soaked ladyfingers at the bottom of a walled baking dish. 5. Spread half of the mascarpone mixture on top of the first layer of ladyfingers. Top with another layer of ladyfingers and another layer of mascarpone. 6. Cover and refrigerate 2–8 hours. 7. Remove from fridge, sprinkle with chocolate shavings, and serve.

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When is It Their Fault? 1 3 Terms You Need to Know Before Buying a New TV Better Targeted Ads for Your Local Customers 2 Tiramisu

Book Review: ‘Do the Work’ 3 Client Spotlight on Brandy B. 4

Client Spotlight on Brandy B.

From time to time, we feature our current and former clients and some of their exceptional traits and skills. This month, we’re focusing on Brandy B., who had a very tough time and multiple surgeries after a bad car accident. She is well on her way

to recovery now, but we wanted to show you what a talented artist she is! By the way, she also accepts commissions. You can find her online gallery at bbsartgallery11.com.

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