The Kuberts settled their lawsuit against Best of Wharton, N.J., but sued then-17-year-old Shannon Colonna of Rockaway, N.J., who was exchanging texts with Best as he drove.
"To summarize our conclusions, we do not hold that someone who texts to a person driving is liable for that person's negligent actions; the driver bears responsibility for obeying the law and maintaining safe control of the vehicle," the appeals court wrote.
"We hold that, when a texter knows or has special reason to know that the intended recipient is driving and is likely to read the text message while driving, the texter has a duty to users of the public roads to refrain from sending the driver a text at that time," two of the three appellate court judges agreed in their opinion.
However, all three judges agreed that a Superior Court judge in Morris County was correct in 2012 when he dismissed lawsuit claims against Colonna, who was accused of "aiding and abetting" motorist Kyle Best by sending him a text that distracted his eyes from the road.Read the rest of the story HERE and view related videos below:
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1 comment:
I don't have many pet peeves, But if you want to see me really pissed-off, be in the passenger seat of my car if I get behind someone texting at a traffic light or while in traffic.....It's not a pretty site.
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