This is an update to my recent post: Could Cellphone Use Constitute Electronic Presence at Crime? New Jersey Morris County Superior Court Judge David Rand says, a woman who texted her boyfriend while he was driving can’t be held liable for a car crash he caused while responding to her, seriously injuring a couple on a motorcycle.
The woman in question, Shannon Colonna said, she did not know that Best was driving at the time he read and responded to her text message. Colonna’s lawyer asserted, she had no control over when Best would read and respond to the message.
Therefore, Rand dismissed the claim against Shannon Colonna and concurred and said,
It’s reasonable for text message senders to assume the recipients will behave responsibly, and he also noted drivers are bombarded with many forms of distraction.
However, it is not over yet!
The Kuberts’ (plaintiffs) stated they will appeal the decision.