A New Jersey judge is weighing whether a woman who texted a male friend can be held liable for a crash he had after reading her message — an accident that caused two victims to each lose a leg.
Morris County Superior Court Judge David Rand will have to rule on the case, and decide whether a lawsuit filed against Shannon Colonna by David and Linda Kulbert of Dover, N.J., should be dismissed. The case has gotten a lot of media attention, including a story on The Huffington Post.
In 2009 Colonna sent a text message to Kyle Best, who was driving a pick-up truck. Best was apparently responding to her message when he drove into oncoming traffic and struck the motorcycle that the Kuberts were riding.
Each of the Kuberts lost their left legs because of injuries stemming from the accident. They initially sued Best, according to The Huffington Post, and then added Colanna as a defendant in the lawsuit.
Colonna’s lawyer has asked Judge Rand to remove her as a defendant in the case. The attorney argued that Colonna can’t be held responsible for when Best decided to read her message, The Huffington Post reported.
Evidence shows that Best texted Colonna just before 5:48 p.m., according to The Huffington Post, and that she responded half a minute later. He messaged her back, and shorty thereafter he called 911 for help after the accident.
Best has already pleaded guilty in Montville Municipal Court to using a hand-held cellphone while driving, failing to maintain a lane and careless driving. The Huffington Post reported that Best’s sentence was a $775 fine and a requirement that he talk at 14 schools about the dangers of texting while driving.
Attorney Gordon Johnson
Past Chair Traumatic Brain Injury Litigation Group, American Association of Justice
firstname.lastname@example.org :: 800-992-9447 :: Attorney Gordon S. Johnson, Jr.