Tuesday, May 7, 2013

Palsgraf/WagonMound I


Can remote texter be liable if driver is distracted by message? Appeals court mulls novel theory

But what about sending a text to someone you know is behind the wheel? In addition to moral responsibility, could there be any civil liability for doing so?

That is the question currently being considered by a New Jersey appeals court, after a trial judge in Morristown dismissed a claim brought by two injured motorcyclists against a teenager who texted a male friend she had been dating as he was driving in 2009. Reportedly distracted by a message from Shannon Colonna, then 17, the driver, Kyle Best, crashed his pickup into David and Linda Kubert, who were on their motorcycle in Mine Hil