After New Jersey driver pleads guilty in crash, girlfriend who texted him could be held liable

Kyle 2012/05/25 16:27:04
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A New Jersey woman who texted her boyfriend right before he got
into a car crash could be held liable, as a judge prepares to rule
Friday whether to allow her to be named as a defendant in a lawsuit
filed by a couple injured in the crash.

David and Linda Kubert of Dover each lost a leg when Kyle Best, 18 at
the time, hit their motorcycle head-on with his pickup truck in 2009 in
Montville. The Kuberts' lawyer added Best’s girlfriend, Shannon
Colonna, to the their existing civil lawsuit against Best, accusing her
of contributing to her boyfriend's negligence in the accident, despite
not being with him in the car, the Morristown Daily Record reports.

Best, a resident of Wharton, admitted he glanced down at his phone to
see who was trying to reach him before his truck struck the motorcycle.

The newspaper reports that Best pleaded guilty earlier this year to
using a cellphone while driving and other municipal court charges.

"What I saw was a gentlemen in the truck steering with his elbows,
with his head down. And I could tell he was text messaging," David
Kubert told CBS News.
"I looked down after the impact and my leg was torn off. I asked my
wife is she was OK, and she told me the bones of her leg were through
her pants."

The Daily Record cited court records that show Best and Colonna
exchanged more than two dozen texts on the day of the crash, including
right before it happened.

"If we get this out to the public, and hopefully we are, maybe somebody won't end up like us. Or worse," Kubert added.

The Kuberts' lawyer, Stephen Weinstein, told the Daily Record that
Colonna, 19 at the time of the crash, should be held liable because she
was "electronically present" by way of her texts.

But Colonna’s lawyer, Joseph McGlone, said the accusation is unfair and unreasonable.

"Shannon Colonna has no way to control when Kyle Best is going to read that message," he said.

Read more: http://www.foxnews.com/us/2012/05/23/woman-could-be-held-liab...
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  • Sport_Geoff 2012/05/25 18:03:47
    bad call
    There is one motivation behind this and one only........MONEY. Lawyers routinely find out that the truly guilty party has zero or very limited money to recover so they start naming anyone and everyone that is remotely connected in a law suit. If we follow this mentality then the guys parents can be held responsible also as they brought him into the world and if they hadnt he wouldnt have been there to text and drive.
  • GeminiWolf 2012/05/25 17:22:47
    bad call
    That's rediculous. I should not have to worry about being dragged to court because of someone else's mistake, and if the judge accepts this, many more cases just like it are going to pop up.

    It's called personal responsibility people. Try it sometime.
  • Coasterdude02149 2012/05/25 16:29:52
    bad call
    She may have initiated the text...he had the choice to leave it until the vehicle was stopped...he choose not to...HE is liable. He was behind the wheel.

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