Simon Law Firm September 2017

Simon Law Firm September 2017

Let Us Guide You To Justice The Georgia Legal Report

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www.christophersimon.com

September 2017

Justice Comes for Us All

Justice has finally come for a drunk billionaire who killed a struggling college student on a dark Florida road. A $46 million settlement in a wrongful death suit, a multimillion-dollar dram shop settlement with the Players Club Bar for overserving the drunk driver, and a vehicular manslaughter trial brought enough bizarre twists for a late-night movie. The one thing we can be happy about is that the guilty drunk was convicted and sentenced to 16 years in prison, and he just lost his third and final appeal last month. John Goodman is by all accounts a wealthy, powerful presence in the world of polo, and the founder of the International Polo Club. Charismatic and described as a bon vivant, he attended a celebrity bartender event the night of the tragic crash at the White Horse Tavern, and then went to ladies’ night at the Players Club. The bar tab included Irish car bombs, mind erasers, and tequila. Hours after the crash Goodman’s blood alcohol content was 0.177 percent, almost three times the legal limit in Georgia According to the trial testimony, Goodman left the bar, blew through a stop sign going 63 miles per hour, and T-boned a Hyundai driven by a sober 23-year-old headed to meet his family. The Hyundai was knocked into a canal, and the young man drowned. Goodman admits that he walked away from the crash site with a broken wrist but claimed at trial that he did not realize he hit another car. He eventually called 911 from a farm nearby.

He called famous Ralph Lauren model Nacho Figueras to testify that Goodman was not drinking at the first bar. The prosecutors could not produce a witness to Goodman drinking other than the bar tab. Given that factual opening, Goodman claimed that he was in pain and found alcohol at a “man cave” at the local polo barn and chugged the alcohol there. I realize he probably told his lawyers to beat the charge, but that is the most outrageous lie I have ever heard, and the jury agreed. They found him guilty of all charges, and he was sentenced to 16 years in prison. He is currently appealing the conviction. That thin defense is interesting but not unusual. The civil side of the case is wilder. Atlanta lawyers are used to outrageous facts when it comes to alcohol, but asset tricks are rarer. Goodman had protected his assets well over the years and had created an irrevocable trust of reportedly over $200 million in assets in favor of his kids. In the middle of the civil litigation, he adopted his girlfriend as his daughter to give her beneficiary status under the trust — and allegedly to allow him access to some funds through her while insulating himself from the civil suit. Yes, you read that right. He adopted his girlfriend as his daughter. It is fair to assume that Goodman had substantial umbrella and personal insurance policies, but I believe that of the $46 million civil settlement, he must have paid out some of his own cash. It is also possible that there was a $1 million primary policy and $45 million in excess coverage.

Florida has a similar dram shop law to Georgia’s, where you must prove that the bar knowingly served a visibly intoxicated customer. Word on the street is that the bar paid out $6 million through its insurance. How does that do the world any good, you ask? Well, that bar will have a very hard time obtaining insurance without instituting serious policies to keep from overserving their very wealthy customers and allowing them to drive home. Nothing will bring the young man home, and some decry the amount of the settlement, but the reality is that the $43 million is to punish this man for making a tragic and obvious mistake, then walking away from the victim as he drowned. Money can be compensation, but in the DUI and wrongful death setting in Georgia, it can be as much about punishment as anything else.

At his criminal trial in March 2014, his story was that he did not drink until after the crash.

- Christopher Simon

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The Unstoppable Rise of the Bullet Journal

The New Journaling System That’s Taken Social Media by Storm

In the modern age, where the internet is constantly flooded with productivity apps and trends promising to fix our schedules, unlock our potential, and improve our lives, it’s difficult not to wish for something simpler. We want an object we can hold in our hands that doesn’t come with a bunch of unwanted features. Enter the bullet journal: the humble, easy- to-use notebook system that’s taken the world by storm. Instead of maintaining a separate to- do list, calendar, and diary, the bullet journaling system rolls everything into a single economical notebook. Partitioned into minimalistic “modules” — the Index, the Future Log, the Monthly Log, and the Daily Log — bullet journals encourage you to write down everything on your to-do list, single-line tidbits recounting important daily events, and little notes you take throughout the day. Everything is marked by a particular bullet: dots

for tasks, circles for events, and dashes for notes. At the beginning of each month, bullet journalers examine last month’s list, eliminating completed or now-irrelevant tasks and migrating long-term or continuing tasks to the current month.

Bullet journals may seem simple, and they are, but they’ve acquired an explosive following on social media. At the time of this writing, there are over 791,000 posts on Instagram tagged with the #bulletjournal hashtag; there are posts upon posts of users’ beautiful layouts, bearing intricate calligraphy and embellished with incredible designs. As the bullet journal’s creator, Ryder Carroll, told New Republic writer Josephine Wolff, “The most valuable part of the bullet journal [is] the inventiveness of its community.” But don’t be daunted by users who seem to spend hours on every page of their journals. Really, it’s a simple system that only takes a few minutes to learn. Check out bulletjournal.com to learn how to start your own modular notebook. But be warned: You may get obsessed.

SCHOOL BUS SAFETY

How to Make Sure Your Children Are Protected

Here at Simon Law Firm, we want to make sure your kids stay safe this school year when they’re getting to and from school, especially younger kids on school buses. With 23 million students nationwide on buses every school day, it’s important that all of our children are reminded of these guidelines to keep them safe this fall and beyond. For Kids First, make sure students get to the bus stop at least five minutes ahead of the scheduled arrival. This ensures that your kids aren’t rushing and being reckless near where the buses show up. Remind them to stand at least three giant steps away from the curb and wait for the driver to say it’s safe before stepping toward the bus.

They also should never walk behind the bus, and if they drop something near the bus, they should tell the bus driver before trying to pick it up. When it’s time to get on the bus, encourage them to always use the handrails, because the steep steps can lead to serious injury if a child falls. For Drivers Whether you drive your kids to school yourself or send them on the bus, you’re probably still out on the roads while other kids are heading to school. For that reason, it’s important to watch out for children who may be walking or biking, especially in school zones. If you do see kids on the sidewalk or crossing the street, slow down, even if there’s no sign or school zone requiring

you to do so. Driving slowly will give you more time to react and avoid a collision.

While you’re on the road, it’s also crucial to heed the school bus traffic laws. For example, you must come to a complete stop when the school bus is stopped and flashing its signals, regardless of which side of the road the bus is on. Stay stopped until the bus starts moving and stops flashing its signals. Stay Safe Between 2004 and 2013, there were 1,344 people killed in crashes related to school transportation, or an average of 134 fatalities each year. We urge you and yours to be careful and stay safe this school year!

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T W L N O I T I S O P E D C F F N A P P E A L G L S C J Q M L C E M I A L C H I L N S R D T A R M E M E P M T Q E B X Q T R W T L C C O U G H D L X R F K U Y R U N G W G X I L Z Y K J C O E A N B A Y A V R O S M G V K C R X N L B I E U F Q O I A Z B I U P A P Y O L S G D E N Z E H M J Q O F U I U A F A K K S X C P R Q I Z N M K L H O L C Q F X P P A N G Z B D B Y Q B H G Y R D G U E Z S N W L Y B P E C U X Z U U C G U K R R I X F Y C U C D G Q Y T I S O P E D C F F N A P P E A L G L S C J Q M L C E M I A L C H I L N S R D T A R M E M E P M T Q E B X Q T R W T L C C O U G H D L X R F K U Y R U N G W G X I L Z Y K J C O E A N B A Y A V R O S M G V K C R X N L B I E U F Q O I A Z B I U P A P Y O L S G D E N Z E H M J Q O F U I U A F A K K S X C P R Q I Z N M K L H O L C Q F X P A N G Z B D B Y Q B H G Y R D G U E Z S N W L Y B P E C U X Z U C G U K R R I X F Y C U C D G Q Y T W L N O I

Slip and Fall in a Bathroom Stall Recent Appellate Court Ruling and the Necessity of ‘Superior Knowledge’

ANNULMENT

APPEAL DEPOSITION APPEAL

CLAIM

ANNULMENT

CLAIM

COURT EVIDENCE COURT

DIVORCE LAWYER

DEPOSITION

DIVORCE LAWYER

LAW

EVIDENCE

LAW

RULING

SIMON

RULING

SIMON

WINNING Apple Crisp

A woman goes out on the town for dinner and decides to eat at a local restaurant. She eats her meal and then heads to the restroom. She spends 10 minutes in the stall, and when she’s finished, stands up and takes two steps before her ankle twists violently. She falls to the ground with a thud, injuring her back in the process. She believes that she slipped on water. Is the restaurant owner liable for her injury? This exact situation unfolded recently in a Georgia appellate case. The plaintiff sued the defendant for damages after her nasty slip and fall. She testified at a deposition that she’d slipped on water. However, she’d also testified previously that there wasn’t water on the floor when she initially went into the bathroom stall. The appellate court explained that simply falling wasn’t enough to hold the property owner liable. Instead, to show liability in a premises liability claim, the woman would need to demonstrate what’s called “superior knowledge” by the property owner. She would need to prove that owner either knew about the spill in the bathroom and didn’t do anything about it, or that the spill wouldn’t have been there if he or his staff had used reasonable care to inspect the property. In this case, the plaintiff herself testified that there hadn’t been water when she originally entered the bathroom, and she was there for only 10 minutes before falling. The appellate court explained that it didn’t matter when the employees of the restaurant had conducted an inspection since 10 minutes was insufficient time for the defendant to have found the water.

INGREDIENTS •

1 cup all-purpose flour

• • • • • • • •

¾ cup rolled oats

1 cup packed brown sugar 1 teaspoon ground cinnamon

½ cup butter, softened

4 cups chopped, peeled apples

1 cup sugar

2 tablespoons cornstarch

1 cup water

• •

1 teaspoon vanilla extract Vanilla ice cream, optional

DIRECTIONS 1. Heat the oven to 350 F. In a large bowl, combine the first four ingredients. Cut in butter until crumbly. Press half of mixture into a greased 2½ quart baking dish or a 9-inch square baking pan. Cover with apples. 2. In a small saucepan, combine the sugar, cornstarch, water, and vanilla. Bring to a boil; cook and stir 2 minutes or until thick and clear. Pour over apples. Sprinkle with remaining crumb mixture. 3. Bake 60–65 minutes or until apples are tender. Serve warm, with ice cream if desired. (Recipe courtesy of tasteofhome.com.)

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Justice Comes for Us All The Rise of the Bullet Journal School Bus Safety Slip and Fall in a Bathroom Stall

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Winning Apple Crisp This Month in History

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THIS MONTH IN HISTORY Celebrate a Muppet of a Man

“My hope is still to leave the world a bit better than when I got here.”

Empire Strikes Back” to aid in the creation of an iconic character: Yoda. Prior to Henson’s involvement, director George Lucas intended to use a trained monkey in a mask to portray the Jedi Master. Henson encouraged Lucas to hire puppeteer Frank Oz instead. Oz has since voiced Yoda in five Star Wars films, with rumors he will return to the character for the upcoming “Star Wars: The Last Jedi.”

–Jim Henson

September 24, 2017, marks the 81st birthday of Jim Henson. While the general public may know Henson best for his zany, beloved Muppets, the celebrated storyteller was involved in many groundbreaking shows and movies. Other fantastical productions beneath the Henson banner include the eerie and magical cult classic “Labyrinth,” starring music icon David Bowie, “The Dark Crystal,” and the TV series “The Storyteller.” Henson also founded Jim Henson’s Creature Shop, a special effects company that specializes in puppetry, animatronics, and creature suits.

characters that perform onstage beside singer Lady Gaga. This past summer, the Creature Shop announced they were teaming up with Netflix to produce a 10-episode prequel series to “The Dark Crystal.” When it comes to people who left the world a better place, it’s easy to see how Jim Henson’s unique brand of magic and creativity allowed him to do just that.

Today, almost 30 years after Henson’s sudden death in 1990, the legacy he left behind still creates joy around the world. The Muppets recently returned to the public spotlight with two features films and a sitcom. Jim Henson’s Creature Shop continues to create fantastic designs, from the puppets on “Sesame Street” to

Henson also helped create movie history when he was invited to the set of “Star Wars: The

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