In what’s thought to be the first case of its kind in the country, a New Jersey judge ruled Friday that a woman who texted her boyfriend right before he struck — and badly injured — a couple on a motorcycle can’t be held liable for the accident.
In Morristown, Superior Court Judge David Rand dismissed claims filed against Shannon Colonna by David and Linda Kubert, who each had to have part of their leg amputated following a September 2009 crash in Mine Hill, N.J., according to the Associated Press.
Shortly before the accident, Colonna had texted Kyle Best, who was driving. As he texted her back, he hit the Kuberts on their bike. Their lawyer argued that Colonna should be held accountable for the accident, and that she should have known that Best was driving.
In turn, Colonna’s attorney she wasn’t responsible, and could not control, when he looked at or responded to her text messages.
According to AP, in his ruling Rand said that it’s not extraordinary for someone who sends a text message to assume that the recipient “will behave responsibly.” The judge also noted that drivers face many kinds of distractions.
“Were I to extend this duty to this case, in my judgment, any form of distraction could potentially serve as the basis of a liability case,” AP quoted the judge as saying.
Best has already pleaded to charges of distracted driving.