No, this is not Paul Harvey’s “The Rest of the Story”. First of all, I’m not Paul Harvey. Secondly, he is dead. But, this is a follow-up to that bizarre case, that I thought was put to bed a while ago.
You may recall me writing about the Kuberts. You know- the couple that lost a leg (each) when a teenager was too busy texting, instead of driving, and hit them- after he crossed the road. Well, there’s more to the story.
You know Judge David Rand threw out their case against Shannon Colonna. (She was the one who sent the text to Kyle Best that he was so busy answering, instead of driving). And, Kyle pled guilty to a misdemeanor, which required him to go around to high schools warning kids about the dangers of texting and driving, pay a $ 775 fine, but did NOT suspend his driving privileges.
Well, the case was just settled against Kyle Best. His insurance company will shell out $500K to the Kuberts. (This was the maximum limit set by Kyle’s policy.) The Kuberts’s don’t think this is enough, since neither one is able to work (yet).
One would think the case were over. But, it’s not. You see, Stephen Weinstein (the Kuberts’ attorney) plans to appeal Rand’s ruling throwing out the case again Colonna. Because he is positive that she is responsible for the crash. Even though she was home, she had to know Kyle was driving a car when she texted him, knew he would read the text while driving, and would possible crash. That’s not my logic (sic); it’s Weinstein’s.
And, they wonder why we don’t like lawyers?
By that logic, if I give my friend a bottle of unopened wine to take home with them, and they for whatever reason open it and begin drinking it before they get home and crash their cars, the fault would be mine….
Doesn’t make sense.
We are personally accountable for what we do when we are driving (unless I guess someone is holding a gun to our head) I make the choice whether I read a text sent to me If I choose poorly then it is my fault.
Lisa Brandel recently posted..Midnight Angel by Lisa Brandel
Don’t tempt fate, Lisa. I’m sure many a state and county are considering just such legislation!
Oh this sort of thing just makes me so angry…..this is just insane….sueing a person because they sent a text and someone chose to read it while driving? ARGH!!
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Yes, that’s why I posted it. Maybe, someone can sue the lawyer for abuse of process?
How do you know I’m not reading this while driving? Hope I don’t hit anyone as I read this, would hate to see you get sued.
Jeffrey Scott recently posted..Paying for Nothing
I already reported you for reading the internet and driving, Jeffrey. I knew you would do that!
My first reaction seems the norm – how the hell can she be responsible?
I’m interested in the statement that she had to know he was driving.
a) How is that so?
b) if it is so, and she chose not to send a text because he was driving, then he wouldn’t have had a text to answer, so you can start to see where the argument bases the logic.
Fascinating to see what happens – keep us updated!
Cheers, Gordon
The Great Gordino recently posted..The Great Gordino Newsletter – First Day At University!
If you check the antecedent article, Gordon, you can find the “logic” by which the attorney feels his case is merited.
And, I’m with you. It’s the person in the car that has to exercise control.
what a legal minefield! In the article you link to, it seems she said she ‘may have known’ he was driving. So presumable the logic is that she is some sort of knowing accessory to his infraction.. Even so, it would be up to him, not her, to pull over and stop before continuing the text conversation.
I can see the floodgates opening if any case against her won. Presumably she could then turn round and sue the state for educating her so badly? Blimey, where would it end?
The Great Gordino recently posted..The Great Gordino Newsletter – First Day At University!
See, Gordon…This is among those things that makes America great. The ability to sue anyone for anything no matter how ridiculous…
I don’t know, Roy. Back when I texted people (which was pretty rare), I have quit when I found out they were driving or doing something that required their attention. The same is true for talking to people on the phone if I can tell they don’t have a hand’s free device. Not to say that someone should get sued for encouraging dangerous behavior, but damn, take some personal responsibility if you know you are putting the other person in a bad situation!
As far as suing the girl, they’ll never get anything out of her. She’s probably young and won’t have money, her parents won’t be held responsible for the action of texting someone, and no insurance will cover it. So the lawyers won’t get anything for it.
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I don’t disagree with your thoughts, Amethyst. However… (1) When I call someone, I don’t wonder if they are in the bathroom, on the phone, in a car, or on a plane. That is not the context of my thoughts. I either have a need to communicate with them or was asked to help them with something. The same applies for when I text (not very often, I might add. Old fingers don’t like those tiny keyboards). (2) The law stipulates that it is illegal (in most states) to text and drive. The law in many states stipulates that one must use (not have, USE) hands-free devices while driving and talking. As such, it is the person in the vehicle that is responsible for his/her own actions. whatever I may or may not due does not include a license to break the existing law or violate common sense. (You know, the old saw- if I tell you to jump off the top of an apartment building, who is responsible when and if you do?)
Very Interesting, Roy. One question though, How could she know Kyle was driving if he didn’t tell her, and if he did, how is the attorney planning to prove it? Did Kyle testify that he did?
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She supposedly knew he left work and was on his way elsewhere. Even so, there was no requirement for the the fellow to keep on texting as he drove, Gustavo.
Some people will sue anyone over all sorts of things. It’s become ridiculous. With that said, in California owners of a bar can be held liable if someone leaves their establishment drunk and causes a serious accident while driving under the influence. That makes no sense to me either.
Is it any wonder why we have become a litigious society? Someone is always looking to blame someone else for what they themselves should have been responsible for.
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Actually, Julia, that law exists in almost every state. It’s why bars “cut folks off” if it looks like they’ve had just a little too much to celebrate…
Its like blaming the cow because milk stored in the container in my fridge for the past twenty days went sour … though they told me it would expire within five days, there really has to be something wrong with that cow.
Now, should I stop texting people with a valid driving license?
Only if you have X ray eyes and long-distance vision, Hajra…
We are all responsible for our own choices. Somehow that seems to be forgotten in these cases. He chose to answer his text while driving. He could have chosen to ignore the text until he stopped. Yes she chose to send a text, possibly with the knowledge that he was driving but she didn’t make his choice to answer it. She didn’t choose the time that he would answer the text. What a crazy world we live in sometimes.
Kama recently posted..Comment on I was one of those women who said I would never go gray – Michele shares her story by Michele
Touche, Kama.
I don’t the driver is the person involved in pawning responsibility off. I think the plaintiff’s lawyer is trying to bamboozle his way into another insurance copany- my guess is that he’s on commission. (Oh, wait, we call it contingency…)
Hi Roy!
i think this type of situation can be happen in many countries and states.i hate that people who do this .this is selfish world in which people think only about their self.and she is crazy women because she know that he is driving but she sent a text to him and return the reply.
thanks for sharing this blog.
anshul recently posted..Online Banking Software
Great point there, Anshul…
Thanks for making folks aware again that things don’t always turn out perfectly. In spite of our plans and preparations.