September is coming!
Please donate today.
Posted on 08/29/2013 8:32:41 AM PDT by Altariel
The lawsuit
The Kuberts both lost their legs. They sued.
But they didn't just go after Best. They included Colonna in the lawsuit.
In their minds, she was distracting him and was also responsible for their pain and loss.
They settled with Best and lost against Colonna, but they appealed that decision.
The plaintiffs' attorney, Stephen Weinstein, argued that the text sender was electronically in the car with the driver receiving the text and should be treated like someone sitting next to him willfully causing a distraction, legal analyst Marc Saperstein told CNN affiliate WPIX.
The argument seemed to work.
The ruling
On Tuesday, three appeals court judges agreed with it -- in principle.
(Excerpt) Read more at cnn.com ...
“Your honor, I had no idea when or where he/she would read it.”
End of case...
If the sender didn’t know they were driving in the car and the driver knows the danger of texting while driving, how can the judge possibly make this ruling? I thinks it’s the responsibility of the driver to disable texting while they’re in the car.
>> “Your honor, I had no idea when or where he/she would read it.” End of case...
That dog don’t hunt if they’re engaging in a back-and-forth text “conversation” in real time. Which, of course, is easily proven.
Not that I agree with the ruling, which I think is absurd and opens a HUGE can of worms.
Pretty girls should therefore be banned from walking on sidewalks alongside roadways.
Businesses which erect advertising signage.
The state which places directional and mileage signage.
Environmental groups which save squirrels, deer, possums....
That dog don’t hunt if they’re engaging in a back-and-forth text “conversation” in real time. Which, of course, is easily proven.
Oops. Good point.
the lack of logic coming form the “bench” is staggering just STAGGERING isnt it.
given that the vast majority of people being “texted” in New Jersey likely drive.... how does one .....
I cant go on.....
Ohhhhhhh.
I hope that jerk in Bulgaria who keeps sending me SPAM texts will get his...
How do you know if someone is driving? You can’t force the driver not to read it if you are 20 miles away!
Not that I agree with the ruling, which I think is absurd and opens a HUGE can of worms.
Without cans of worms, what would lawyers do for entertainment?
Only if the conversation included language saying the driver was driving.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.