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Andersen, Tate & Carr is a proud to be a sponsor for the Georgia Lenders Quality Circle

2013 Small Business Week Awards Luncheon

Thursday, May 23, 2013

11:30 – 2 pm

Villa Christina

400 Summit Boulevard

Atlanta, Georgia

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Multitasking is the modern American way. Friends and colleagues frequently claim to be multitasking, as if bragging about their high efficiency. But decades of research by neuroscientists has definitively established that multi-tasking is a myth. Our brains are not designed to pursue two or three tasks at the same time. Our brains function best when doing a singular task.

The best example of this is texting and driving. You cannot give your full attention to the road in front of you and draft or read a text message. Surprisingly, the same is true of merely talking on your cell phone while driving, even if you’re using a hands-free device or Bluetooth through your stereo system. In fact, research has shown that driving a car while on your cell phone is the equivalent of being intoxicated. Sleights of Mind, What the Neuroscience of Magic Reveals about our Everyday Deceptions, Macknik, Stephen L.; Martinez-Conde, Susana; Picador ISBN 978-0-312-61167-5, 2011, p.87. http://www.sleightsofmind.com.

Neuroscientists refer to this principle as inattentive blindness. “We have to be aware that there is a cost to the way that our society is changing, that humans are not built to work this way,” says Russ Poldrack, a brain scientists at UCLA. “We’re really built to focus. And when we force ourselves to multitask, we’re driving ourselves to perhaps be less efficient in the long run even though it sometimes feels like we’re being more efficient.” Id, pp. 87-88.

Psychologists at Western Washington University conducted a fascinating experiment regarding inattentive blindness. They observed four categories of college students walking across the main campus square. One group was minding their own business and told to simply walk across the quad. A second group was walking in pairs and talking. A third group was listening to music on mobile devices. The fourth group was talking on cell phones. In each instance, a ridiculously costumed clown on a unicycle pedals in circles around the participants.

Which participants noticed the unicycling clown? The students walking in pairs were most likely to notice the clown. The students listening to music on their mobile devices were only slightly less attentive. Half of the students talking on cell phones entirely miss the unicycling class. Half! The cellphone users also walked more slowly, weaving as they crossed the square. Id., p. 86.

So if we are not going to notice a unicycling clown, we certainly are not going to notice the subtleties of the traffic patterns unfolding in front of us: the driver slowly decelerating, the car in front of us drifting into our lane or the commercial vehicle unexpectedly making a left turn into our lane.

Inattentive blindness is probably a factor in the vast majority of car accidents in metropolitan Atlanta, Gwinnett County and in counties all across Georgia. Multi-tasking drivers must be held responsible for the injuries they cause with their carelessness.

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official logo of the American Cancer Society Relay For Life (Photo credit: Wikipedia)

Join us today, April 25th, 2013 for our annual “Kickin’ Cancer Cookout“

to raise funds for the Gwinnett County Relay for Life!

the cookout will be at One Sugarloaf Centre

1960 Satellite Blvd.

Duluth, Georgia 30097

from 11:30am to 1:30pm

Your $10 donation includes: hamburger/veggie burger or 2 hot dogs, chips, a side item, a dessert, and a drink.

ALL proceeds go to the American Cancer Society.

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When I watch TV shows with my teenage boys, it drives me crazy that they are on their mobile phones, texting, Tweeting and Facebooking. We frequently have to back up the show when something funny or significant happens. Of course, when my wife and I suggest that they pay attention to the show, they strenuously argue, “I’m multitasking!”

Multitasking is the modern American way.  Friends and colleagues frequently claim to be multitasking, as if bragging about their high efficiency. But decades of research by neuroscientists has definitively established that multi-tasking is a myth. Our brains are not designed to pursue two or three tasks at the same time.  Our brains function best when doing a singular task.

The best example of this is texting and driving.  You cannot give your full attention to the road in front of you and draft or read a text message.  Surprisingly, the same is true of merely talking on your cell phone while driving, even if you’re using a hands-free device or Bluetooth through your stereo system. In fact, research has shown that driving a car while on your cell phone is the equivalent of being intoxicated.   Sleights of Mind, What the Neuroscience of Magic Reveals about our Everyday Deceptions, Macknik, Stephen L.; Martinez-Conde, Susana; Picador ISBN  978-0-312-61167-5, 2011, p.87. www.sleightsofmind.com.

Neuroscientists refer to this principle as inattentive blindness. “We have to be aware that there is a cost to the way that our society is changing, that humans are not built to work this way,” says Russ Poldrack, a brain scientists at UCLA.  “We’re really built to focus. And when we force ourselves to multitask, we’re driving ourselves to perhaps be less efficient in the long run even though it sometimes feels like we’re being more efficient.”  Id, pp. 87-88.

Psychologists at Western Washington University conducted a fascinating experiment regarding inattentive blindness.  They observed four categories of college students walking across the main campus square. One group was minding their own business and told to simply walk across the quad. A second group was walking in pairs and talking. A third group was listening to music on mobile devices. The fourth group was talking on cell phones. In each instance, a ridiculously costumed clown on a unicycle pedals in circles around the participants.

Which participants noticed the unicycling clown?  The students walking in pairs were most likely to notice the clown. The students listening to music on their mobile devices were only slightly less attentive. Half of the students talking on cell phones entirely miss the unicycling class. Half! The cellphone users also walked more slowly, weaving as they crossed the square.  Id., p. 86.

So if we are not going to notice a unicycling clown, we certainly are not going to notice the subtleties of the traffic patterns unfolding in front of us:  the driver slowly decelerating, the car in front of us drifting into our lane or the commercial vehicle unexpectedly making a left turn into our lane.

Inattentive blindness is probably a factor in the vast majority of car accidents in metropolitan Atlanta, Gwinnett County and in counties all across Georgia. Multi-tasking drivers must be held responsible for the injuries they cause with their carelessness.

It is vitally important to retain a competent attorney to represent you in collision cases whether they involved 18 wheelers, other commercial vehicles or Passenger vehicles.  Preserving and collecting the proof of cell phone usage in connection with car accidents is highly time sensitive.  Cell phone providers only maintain data for a limited period of time. This data must be preserved, and in order to do so, you must put the at-fault driver and their insurance company on notice.

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On March 21, 2013, thanks to the efforts of Tom Tate and other members of the defense team a federal judge in Louisiana decertified a class of plaintiffs who accuse Viking Range Corp. and its distributors of making slipshod appliances in order to create opportunities for repair work, finding the group of products being labeled defective was overly broad and could not be shoehorned into a single case.

 

 

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Here are some scenarios that we hear about frequently: “I know my employee is taking prescription pain medication (after his surgery/because of a rumor I’ve heard/because he told me he was). I’m concerned about his performance/attendance/ability to drive a company vehicle or operate machinery”. This scenario leads to these questions: “Can we test him for prescription drugs?” “Can we require him to stop taking prescription meds that interfere with his job or present a threat to the company or its employees?” “Can we terminate him for poor performance/attendance, even though we know that it is a result of his medication?”
This is a really sticky area of the law. There is an employer movement towards testing for certain prescription drugs that have workplace safety implications (painkiller narcotics being the primary example), most notably amongst employers with high rates of on-the-job injuries. EEOC v. Dura Automotive Systems, an important case on this topic, was settled in September 2012, with Dura Automotive agreeing to pay $750,000 as a penalty for its blanket testing and termination of auto workers taking certain prescription medicines. The outcome indicates, however, that prescription drug testing is permitted in limited circumstances. Across-the-board testing for prescription drugs is not permitted, but testing for certain prescription drugs is permitted in positions where those drugs may impact safety. Even for safety-sensitive positions, employers should not have blanket rules prohibiting employees from using certain prescription medications (even for safety reasons). Each individual’s circumstances and performance should be assessed in light of the Americans with Disabilities Act, and employers should avoid making assumptions about any prescription medication.
Talk to an employment lawyer before implementing a substance abuse policy or testing program which involves prescription drugs, and before taking any employment action involving a prescription drug issue. With careful handling, you can address legitimate safety and performance issues while avoiding the fate of Dura Automotive.

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Eadaoin Waller is a Georgia attorney, focusing her practice in corporate law.

Her firm, Andersen, Tate & Carr, P.C., works with all manner of clients in business and personal matters, providing “big firm” sophistication with suburban law firm attention and service.

Website: www.atclawfirm.com

Blog: www.andersentatecarr.wordpress.com

 Copyright © 2013 Eadaoin Waller & Andersen, Tate & Carr, P.C.

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Today we welcome Kellie Claflin as our new firm manager. Kellie brings with her a wealth of experience as a firm manager. Her experience does not end there, having worked as a paralegal and support in a commercial real estate department. Kellie is a native of Gwinnett and a graduate of Berkmar High School.

Welcome Kellie! We are excited to have you join us!