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Sooner or later we were going to see something like this happen.
Quote:
The Kuberts are now suing him as a distracted driver for civil damages -- and in a novel twist -- are also suing Shannon Colonna, his girlfriend, for sending him text messages while he was driving, and distracting him. Phone records show they exchanged 62 texts that day.
Skippy Weinstein, the Kuberts' lawyer, argues Colonna was "electronically present" in the crash. He says she should have known Best was driving home as they exchanged text messages leading up to the crash. She says she "may have known" he was driving.
A kid in a car distracts the driving parent, in the case of a fatal accident is the victim's family entitled to sue the distracting child for damages in the form of a garneshment in his/her future earnings?
Fast food drive through.....if driver drops a drink in his/her lap and is destracted to the point of causing an accident should the drive-through employee who handed the lone driver the beverage, knowing he/she was driving, also be held liable?
Trial for cash attornies are the bottomfeeders of society. We could use a whole lot less of them.
I have no problem with this couple looking into suing this girl especially if she knew he was on the road driving during the time she was texting him. She seemed to know his work schedule.
I get tired of seeing people texting while they're in the middle of traffic.
I can see the driver being liable for damages but not the girl.
We just had a man arrested for killing someone in a hit and run accident. He claimes he was so distracted by adding an app (?) to his cell phone he didn't know he had hit a person. He claims he thought he hit a tree. Should the victim's family sue the app maker? I think not.
A kid in a car distracts the driving parent, in the case of a fatal accident is the victim's family entitled to sue the distracting child for damages in the form of a garneshment in his/her future earnings?
But texting or using a cell phone in a car is more controllable than dealing with a distracting child in a car. So a crash caused by a distracting kid is less likely to bring a lawsuit.
I can see the driver being liable for damages but not the girl.
We just had a man arrested for killing someone in a hit and run accident. He claimes he was so distracted by adding an app (?) to his cell phone he didn't know he had hit a person. He claims he thought he hit a tree. Should the victim's family sue the app maker? I think not.
why not...people sue the gun makers..and the cigarette makers...why not sue the app maker
But texting or using a cell phone in a car is more controllable than dealing with a distracting child in a car. So a crash caused by a distracting kid is less likely to bring a lawsuit.
why not...people sue the gun makers..and the cigarette makers...why not sue the app maker
Actually, no, the suit of gun manufacturers for the criminal actions of an individual has not been legitimate for years now. Nor can a vehicle manufacture be held liable for the accident caused by the texting driver.
The cigarette manufacture suits had to do with the intentional misrepresentation of the addictive nature of the product being sold to the American people, not on a case by case suit of families who have lost loved ones to lung cancer.
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Apples and oranges (no pun intended)
