Oh, welcome to America (especially if you are reading this from overseas). The land of lawyers and suing. (Forget the old schoolhouse taunts- the one that works here is “My lawyer is bigger than yours!”) And, now we have yet another outrageous reach… Let me tell you the story.
A 19 year old, Kyle Best, crossed into the opposing traffic in New Jersey and hit a motorcycle- hurting the driver and his rider (David and Linda Kubert). Both David and Linda lost their left legs. They are suing Kyle Best. That part is totally understandable. I wish the accident had never happened.
But, you see, Kyle managed to cross into traffic because he was responding to a text on his cell phone. An act- texting- that is illegal to do when you are driving in 38 of our states. A text sent to him by Shannon Colonna. And, you probably guessed it by now, David and Linda Kubert are also suing Shannon Colonna.
Stephen Weinstein (who thinks Skippy is a great nickname) filed the suit because he feels that Shannon and Kyle were engaging in a “conversation”. Weinstein is the Kuberts’ lawyer.) Like even if they were, she would be a contributor the the accident. The only way a passenger can be found liable for a crash is if the person tells the driver to speed or ignore traffic lights. This is not the fact here, nor is it even alleged.
Of course, Joseph McGlone, Colonna’s lawyer, is arguing in Morris County Superior Court that the charges should be dismissed. He states the “sender of the text has the right to assume the recipient will read it as a safe time”. Actually, the sender has no idea where or what for the recipient. The recipient could be nude on the Himalayan mountains for all the sender cares.
Weinstein counters that Colonna admitted she “may have known”, as she stated in a deposition that Kyle was driving a car. And, Weinstein feels she should have known the dangers of texting and driving, and, so, is at fault. However, the data indicates that reading the text is not what caused the accident- Best was the last to text (according to the phone records), right before he called 911 to report the collision.
Best has pled guilty to using a hand-held cellphone while driving, careless driving, and the failure to maintain a lane. He was fined $ 775, had his license suspended, and must speak to 14 high schools about the dangers of texting while driving as punishment.
Let’s see what happens on the 25thof May- tomorrow- which is when the Judge is to rule on this stretch- one that is way too far, in my opinion.
Madness! I seems bizzare that the chance to sue the person who was texting has even made it to court. Hope you will share the outcome of the case with us.
Ruth Seba recently posted..What is this life if?
That was my thought, too, Ruth! I would have thought the Judge would have thrown the lawsuit out as soon as it was filed. But, no, he’s taken a few weeks to consider it…
First I BUST out laughing at “The recipient could be be nude on the Himalayan mountains” part! I had read about this story and shook my head. I hate that the accident happened, and believe that both the driver and rider of the motorcycle deserve some kind of compensation for the loss of their limbs, I don’t understand why suing the sender is even an issue. I haven’t been able to figure out how to text someone a gun to their head to answer a text so I doubt the sender did something like that. It was the driver’s choice and their sole choice to engage in texting while driving, that’s where the story should end in my opinion. I’m sure people will agree with the suit though…It seems we live in a time where insane things seem sane. I’ll be interested to see how it all turns out!
Lisa Brandel recently posted..Look To The Light by Lisa Brandel
Lisa,
Only when there are lawyers involved and the smell of money!
Wow, that’s an amazing story of how litigious a society we are. While the facts you listed are indeed tragic a precedent setting decision in this instance will undoubtedly have a unseen repercussions.
I’m surprised they didn’t sue the maker of the mobile phone for NOT embedding a device that disables the texting function while a vehicle is moving (sheesh!)
Tor Constantino recently posted..Rising Above the Noise
Tor, I’m with you.
And, there are folks trying to pass laws that will turn off our phones when we enter our cars. (I would prefer them turning off the phones when we enter the lavatory!)
Or, when law becomes casuistry*?
(*as in “a quibbling or evasive way of dealing with difficult cases of duty,” Oxford English dictionary)
Eleni Poulakou recently posted..Writer For Hire: Please, Convince Me!
Actually, Helen, in the US, the law is strictly about money. How much can I collect- which is then turned over (30%) to the lawyers….
I see…
Eleni Poulakou recently posted..Writer For Hire: Please, Convince Me!
i am kinda shocked roy.
hoping that my comment won.t catch you while you might ride a car, or being involved in a customer talk or whatever … but i relay that you are responsible enough to read the comment when everything is safe!
*pew* have the feeling that we have been rescued at last.
my 2 cents: this is ridiculous.
but one day germany might copy it.
caution: self thinking people, you might be harmed ;D
helen recently posted..London … Berlin … London … Berlin …
I don’t text and drive. I certainly talk and drive- and in spite of the BS being tossed about- talking via hands-free devices is no more dangerous that having a conversation with your kids or the passenger in the car. It may be less so- since one is NOT tempted to turn and face the conversee! (Or touch the dials on the radio, averting one’s eyes from the road).
Thanks for the comments, Helen.
I agree that suing the person who sent the text is maddening and the lawyer is certainly reaching to make her part of the case. But I’m mostly angry about this kid thinking that every message is so important that he has to read it right away even while he is driving. Most people are not that important that their texts have to be attended to immediately. Sorry, this is a rant I go on with my kids and others under my influence.
shawn recently posted..Get Rid Of Your Diabetes Part II
Shawn- the driver is CLEARLY at fault. And, many areas are passing statutes that outlaw WALKING and TEXTING. (You know, we have to protect ourselves against ourselves.) But,this reach is akin to saying that if I call you- and you are nude- and you stand in your bay window to talk with me and get arrested for creating a public nuisance, i would be at fault.
I won’t go off about lawyers (opportunists) whose interests rarely go beyond the 30% they bank on successful suits…oh wait, I just did. It is horrible and unfortunate that the accident happened and there should be some liability for the blatant careless behavior.
Within the context of our legal system and propensity towards grandiose settlements I see a cascading effect from this case in that I will be surprised if the girlfriend does not sue the boyfriend to recoup a loss if it occurs from the original suit. This is all very convoluted, but depending on the state it is my understanding that it is possible to “pile-on” civil suits, or add civil suits on top of criminal suits…and on and on.
At the end…I was well into adulthood before “texting” was even a verb. I cannot imagine anything so important that waiting or pulling over to address it isn’t smart options. If it is an emergency…one shouldn’t text 911 anyway. Just a thought.
Very good post Roy.
Glad you liked the post, Ron. Even though it is not within my usual parameters to post, I felt the need to react to what I consider to be an abuse of process. And, hope to bring this attention it deserves- so the lawyer in question gets censured.
I can see faulting the recipient but certainly not the sender. However her stating that she may have known he was driving does open the door….
Carolina HeartStrings recently posted..SHRIMP PITA WITH AVOCADO DRESSING
Even so, Alessa, she was not asking him to speed, to miss a traffic signal, or any other causative action. The driver elected to act (ok- NOT act) all by himself.
That is an absolute joke!!!!
Here in the UK we quite often here the saying “where there is blame there is a claim” which I feel we unfortunately inherited from our American cousins.
I can understand that the injured parties will feel incredibly bitter towards the accused but to drag in the Colona woman is just laughable.
One can only hope that the Superior court throws the case out and in fact charges are pressed against Weinstein for wasting the courts time.
James Debono recently posted..Social Media Etiquette – The Do’s and Don’ts
James- I’m basically with you. I am more surprised the suit wasn’t IMMEDIATELY thrown out, as being without merit… To need an attorney to defend oneself against this claim means there will be yet another suit to collect legal fees.