Whitfield & Eddy attorney Steve Marso is a graduate of the 2011 Leadership Academy.

For information regarding this or other human resource matters, contact Mr. Fatino at 515-288-6041 or fatino@whitfieldlaw.com.

Attorneys Kevin Reynolds and Will Scales had a paper published in the Winter (Feb. 2012) edition of the newsletter of the Iowa Defense Counsel Association, “Defense Update.”  The article,  entitled: “J. McIntyre Machinery and Goodyear Dunlop: The U. S. Supreme Court Gives Renewed Vitality to the ‘No Personal Jurisdiction’ Defense.” Personal jurisdiction can be a case-dispositive defense, and comes up often as many W & E attorneys represent out-of-state (and sometimes even international) corporations involved in litigation in Iowa.  W & E has also been a long-time supporter of the Iowa Defense Counsel Association (IDCA).  Kevin is on the Board of Editors of the association’s newsletter, and David Phipps and Jaki Samuelson are former Presidents of IDCA.

Membership in the Iowa Academy of Trial Lawyers is limited to 250 attorneys whose primary dedication is to the trial practice. Membership is by invitation only, with unanimous approval of the Board of Governors.

For a PDF version of this article, Click Here.

The Iowa Supreme Court on March 2 issued a decision concerning a worker’s compensation case which involved an over-the-road truck (OTR) driver. 

Originally, the Iowa Workers’ Compensation Commissioner concluded that the injured worker had not been offered suitable work because the offer of employment was 387 miles from the residence of the worker.  The Commissioner had also found that the worker had sustained an industrial disability of 60 percent.  The district court on appeal disagreed with the Commissioner on the issue of suitable work and found the work was suitable.  However, the district court on appeal agreed as to the finding of industrial disability.  On review, the Iowa Supreme Court agreed with the district court on the percentage of disability but reversed on the issue of suitable work. 

The record before the Iowa Supreme Court found that the company had offered the driver light duty work in Des Moines (with a paid hotel room and transportation to and from home every other weekend) despite the fact that the driver lived in Illinois.    

The Iowa Supreme Court concluded that the offer of employment was not suitable because of the fact that it would have cut his time at home in half (a point that three justices disagreed with in dissent).  Accordingly, the decision of the district court on this point was reversed and the decision of the Commissioner was affirmed.  As to the issue of the percentage of disability, given that the Commissioner’s finding was not “irrational, illogical or wholly unjustifiable,” the decision was affirmed.

For further information, contact the author of this article, Attorney John Fatino at Fatino@whitfieldlaw.com.

Membership in the Iowa Academy of Trial Lawyers is limited to 250 attorneys whose primary dedication is to the trial practice. Membership is by invitation only, with unanimous approval of the Board of Governors.

Background and Rationale:

On December 30, 2011, the Federal Motor Carrier Safety Administration’s (FMCSA) new rule went into effect which restricted the use of hand-held mobile telephones by interstate Commercial Motor Vehicle (CMV) drivers.

 The main rationale for this rule, as advanced by the FMCSA, is to maintain safety by minimizing driver distraction that occurs when a driver reaches and dials a hand-held mobile telephone.  The agency claims using a hand-held mobile telephone may reduce a driver’s situational awareness, performance, and decision making.  Research purports to reflect that cell phones may pose a higher safety risk than other activities while driving such as eating or adjusting an instrument. 

Discussion of Rule:

The new rule amends regulations in certain provisions of Title 49 of the Code of Federal Regulations. The new rule restricts a CMV driver from holding a mobile telephone to conduct a voice communication, dialing by pressing more than one button, or reaching in an unsafe manner for a mobile telephone. For example, a driver may not reach for a mobile telephone that is in the passenger seat or under the driver’s seat. Therefore, if a driver of a CMV wants to use a mobile telephone, the driver needs to be able to comply with the rules, such as using a hands-free device or a single button located in close proximity to the driver.

The rule also adds a driver disqualification provision for: (1) interstate CMV drivers convicted of using a hand-held mobile telephone, and (2) Commercial Drivers License (CMD) holders convicted of two or more serious traffic violation of State or local laws or ordinances on motor vehicle traffic control, including using a hand held mobile telephone.  In addition, the rule requires interstate motor carriers to ensure their drivers are complying with the rule and prohibits motor carriers and employers from allowing or requiring CMV drivers to use hand-held mobile telephones. A limited exception allows CMV drivers to use a hand-held mobile telephone if it necessary to communicate with law enforcement officials or other emergency services.  The rule does not apply to CB radios, fleet management system, or GPS devices.   

For further information about this rule and other transportation issues, contact John F. Fatino, fatino@whitfieldlaw.com, Chair, Transportation Practice Group.

This article was co-authored by attorney John F. Fatino and law clerk Mickie M. Damstetter.

Ashleigh received her Juris Doctorate with High Honors from Drake University Law School. During law school, Ashleigh was the Managing Editor for the Drake Law Review and an active member of the Moot Court Board.  She was also a student attorney at the Drake Legal Clinic and clerked for the Office of the Iowa Attorney General.  Ashleigh was admitted to the Iowa Bar in 2009.

Erik’s law experience with Whitfield & Eddy began in 2004 as a law clerk, where he was later hired as an associate and is now a member of the firm.  He is a 2005 graduate of the Drake University Law School.

Kim graduated from Drake University Law School in 2006 and began her law career with Whitfield & Eddy that same year as a law clerk and in 2007 she joined the firm as an associate attorney.  For eighteen years previous to starting her law career, Kim enjoyed a successful career in the medical field as a registered nurse in critical and emergency care. 

Diana joined the firm in 2008 as an associate in our Mt. Pleasant office.  Previous to joining the firm, she worked as an associate attorney in the Kansas City area for three years.  She is a graduate of the University of Iowa College of Law.