The judge in the case involving a police officer that got into a fatal accident while talking on his cell phone and driving at excessive speeds has taken the state’s request to dismiss the lawsuit under advisement. The state wants the claim to proceed in claims court instead of the circuit court because of a Act which makes government officials immune from facing lawsuits based on actions that were done during the course of their employment. The state is arguing that a personal phone call taken shortly before the car accident did not affect the officer’s driving and that it will not be possible to show that the phone call was the cause of the accident. The attorney for the couple that is suing him say that to make a personal phone call and drive at that fast of speeds was a personal choice and was out of the scope of his job and he should be held personally accountable. For more information on this pending decision, click here.