NJ Judge Dismisses Claim Against Woman Who Texted A Driver Before He Crashed
On Sept. 21, 2009, Kyle Best was driving his pickup truck when he lost control of his vehicle, crossed the center of the roadway, and struck David and Linda Kubert on their motorcycle. The Kuberts sustained significant injuries as a result of the accident.
The Kuberts sued Mr. Best and a woman named Shannon Collona to recover compensation for the Kuberts injuries. They alleged that because Best was answering a text from Ms. Colonna, when he lost control of his vehicle, Ms. Colonna was partially at fault for causing the accident. The Kuberts argued that Ms. Colonna knew or should have known that Best was driving, when she sent her text to Mr. Best.
However, Morris County Superior Court Judge David Rand declined to extend a duty of care to texters, to avoid texting to drivers. Judge Rand noted that Mr. Best initiated the text dialogue with Ms. Colonna that led up to the crash. Moroever, Judge Rand compared GPS devices, large billboards and push notifications from news websites, as similar distractions that drivers have the responsibility to avoid.
For more information concerning this case, see: http://www.law.com/jsp/nj/PubArticleNJ.jsp?id=1202556201773&slreturn=1