The argument that a text-sender should be held liable in a text-reader’s crash didn’t make it very far. A New Jersey judge ruled Friday that a woman could not be sued for texting her boyfriend while he was behind the wheel, though his distraction led to a tragic accident.
In a ruling believed to be the first of its kind, Superior Court Judge David Rand decided that Shannon Colonna, 20, cannot be held liable for an accident in which David and Linda Kubert each lost a leg.
The Kuberts were riding a Harley-Davidson on Sept. 21, 2009, when they were struck by a pickup truck driven by Kyle Best, then 18, as the New Jersey Star-Ledger and the Associated Press have reported. At the time, Best was driving home from his job as a swimming instructor.
Records showed that Best responded to one of Colonna’s texts only seconds before he dialed 911 to report the accident.
The Kuberts’ lawyer argued that Colonna’s text messages to Best were a factor in the accident, but Rand agreed with Colonna’s lawyer, saying she had no control over when or how Best would read and respond to the messages, the Star-Ledger reported.