Monday, May 13, 2013
The ABA Law Journal reports on an novel theory being tested in the New Jersey appellate courts: Does sending a text to someone you know is driving create tort liability? The plaintiffs were injured by a driver who was distracted by a text message. In a twist, the plaintiffs sued both the driver and the sender of the text message. The plaintiffs argued that "the court should impose a duty of care on those who know the recipient is both behind the wheel and likely to be reading texts while driving." In response, the defendant-texter has argued that she could not control when the message is read. Let's see what the New Jersey appellate court decides.