Kraft, Walser,
Hettig Honsey & Kleiman
A Professional Limited Liability Partnership
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FALL/WINTER 2000
In The News
Appointments
Don Walser
Appointed by the Hutchinson City Council to the Board of Commissioners of Hutchinson Utilities
Dan Honsey
Appointed by the Minnesota Supreme Court to the 8th District Bar Association Ethics Committee
Office Anniversaries
John Kraft
34 years, October 21, 1966
Don Walser
28 years, October 20, 1972
Hutchinson Office
11 years, October 2, 1989
Dan Honsey
Appointed by the Minnesota Supreme Court to the 8th District Bar Association Ethics Committee
Tune in to our Legal Update radio program Saturday mornings at 7:45 on KDUZ AM 1260
Olivia Office
107 North 9th Street
P.O. Box 148
Olivia, MN 56277
(320) 523-1322
Email
Hutchinson Office
131 South Main Street
P.O. Box 129
Hutchinson, MN 55350
(320) 587-8150
Email
This newsletter is intended as general information to our clients and friends on legal issues of interest. It is not intended to render legal advice or opions; such opinions can only be given when related to actual situations. If you have any questions, please contact us.
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Are You "Guilty" of
Driving While Talking?
By Donald H. Walser
T
echnology advances in modern day life lead to the
development of new areas of law. Computer technology has resulted in a whole new field of law. Cases, like the one which resulted in a court break up of Microsoft, require lawyers and judges to also be engineers and technology experts.
One of the technological advancements that has given rise to legal claims is the cellular phone. Several court cases have involved teh use of cell phones while driving. Simply put, people cause accidents because they are distracted while driving and talking on the phone at the same time. The National Highway Traffic Administration has issued a report concluding that drivers who use cell phones are as dangerous as drunken drivers. You may even have seen bumper stickers that say "Hang Up And Drive".
Some states, such as Ohio, and some cities, including Milwaukee, WI, have passed laws that penalize drivers for "driving while talking (DWT)" on a cell phone. An ordinance in Marlboro, New Jersey, sets the penalty at $250. However, a judge in Pennsylvania has struck down such a law as unconstitutional in that state. Obviously, this is an evolving field of law.
In Minnesota, a driver who causes a car accident is liable for the damages regardless of whether the driver was simply careless or distracted by using a cell phone while driving.
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However, more complicated issues arise with questions about the liability of a third party.
If employers require employees to use cell phones on the road, are employers also liable for the resulting accidents?
A brokerage firm was recently held liable to the family of a motorcyclist who was killed when one of the firms brokers caused an accident while trying to dial a client.
An employer who supplies cell phones to employees is usually trying to increase employee production and efficiency. The employee often uses the phone in the car to accomplish this goal. In such cases, experts are
recommending that employers adopt a "cellular phone use" policy to help them avoid lawsuits. Policy recommendations are:
- A requirement that the employee pull over and stop to use the cell phone while on the road.
- Installation of "hands free" cellular equipment in vehicles.
- Issuing periodic bulletins as part of the company's saftey program urging employees to exercise common sense when using cell phones.
You can be sure that we will continue to see cases and developing law concerning liability for "DWT"!
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Social Security Earnings
Penalty Removed
By Steven E. Hettig
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C
ongress recently passed a law that now allows Social Security recipients who are 65 to 69 years old to work without their benefits being reduced due to annual earnings. Beginning with the month you turn 65, you can now receive your full benefits no matter how much you earn.
The change was effective January 1 of this year and should be welcome news, not only to seniors in that age group, but also to | business owners who are having trouble finding employees in the tight labor environment.
The new law does not affect the penalty for workers who are age 64 or younger and collecting Social Security. They will continue to lose one dollar for every two dollars earned over the annual limit of $10,800 this year. People who are 70 and older continue to be exempt from the Social Security earnings limit.
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