7/31/2019 New Jersey Texter Not Liable for Car Crash

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Article written by: Annie Reynolds

Annie Reynolodsis a plaintiffs attorneyin Philadelphia, Pennsylvania. Annie is an

advocate for those seriously harmed by

negligent actions of others.

Sheridan & Murray L1600 Market Street, Suite 2

Philadelphia, PA 19

866-INJURIES or 866-465-8

www.SheridanAndMurray.c

personal injury law

New Jersey Texter Not Liable for Car Crash

A New Jersey Judge has ruled that a woman who texted her friend while he was

driving may not be held liable for a car crash he caused while responding to her

text. Last week, New Jersey State Superior Court Judge David Rand dismissed all

claims against the woman filed in a lawsuit by the crash victims, David and Linda

Kubert.

In September of 2009, Kyle Best, then 21 years old, was driving his truck home

from work near Mine Hill. During this time, Best was texting his friend, Shannon

Colonna, who allegedly knew that Mr. Best was driving throughout their text

conversation. Best, allegedly distracted by his phone, crossed the double yellow

line and struck a motorcycle, seriously injuring David and Linda Kubert. The

Kuberts filed a lawsuit against both Best and Colonna in New Jersey State Court.

The Kuberts attorney argued that Colonna should have known that Best was

driving and that texting him at this time was a dangerous activity that could cause

injury to others. He argued that although Colonna was not in or near Bests

vehicle, she was electronically present and contributed to the cause of the

collision. Colonnas attorney argued that there was no way Colonna could know

or control when Best would read and respond to the text messages.

Judge Rand dismissed the causes of action against Colonna, holding that finding

Ms. Colonna liable was expanding liability too far. However, Judge Rand stressed

that his decision was not intended to minimize the dangers of distracted driving.

The Kuberts will likely appeal this holding to the New Jersey Appellate Division

Court.

http://www.sheridanandmurray.com/http://www.sheridanandmurray.com/

7/31/2019 New Jersey Texter Not Liable for Car Crash

2/2

Article written by: Annie Reynolds

Annie Reynolodsis a plaintiffs attorneyin Philadelphia, Pennsylvania. Annie is an

advocate for those seriously harmed by

negligent actions of others.

Sheridan & Murray L1600 Market Street, Suite 2

Philadelphia, PA 19

866-INJURIES or 866-465-8

www.SheridanAndMurray.c

personal injury law

Best pleaded guilty to distracted driving and was ordered to pay fines and speakto high school students about the dangers of texting and driving. The Kuberts

civil charges against Best remain. If you or someone you know has suffered

serious injury as a result of driver negligence, you may want to consider

contacting a personal injury attorney to explain and protect your rights.

http://www.sheridanandmurray.com/http://www.sheridanandmurray.com/