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Couple who both lost a leg in crash sue student for sending messages to boyfriend (shortened title)
Daily Mail ^ | 5-24-2012 | Daily Mail Reporter

Posted on 05/24/2012 7:47:11 AM PDT by servo1969

Full title - Can you be blamed for texting a driver? Couple who both lost a leg in crash sue student for sending messages to boyfriend, 18, before he hit them with his truck

A couple who each lost a leg after a driver careened his truck into their motorbike is suing the man's girlfriend for texting him while he was behind the wheel.

David and Linda Kubert, both 59, were in Mine Hill, New Jersey when they saw Kyle Best, then 18, looking down at a text message as he swerved towards them.

After the September 2009 crash, police discovered he had exchanged 62 texts with his girlfriend that day, and he admitted he had been looking at his phone moments before he lost control of the car.

(Excerpt) Read more at dailymail.co.uk ...


TOPICS: Crime/Corruption; Culture/Society; Miscellaneous; News/Current Events
KEYWORDS: driving; sending; sue; texting
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1 posted on 05/24/2012 7:47:24 AM PDT by servo1969
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To: servo1969

When you text someone, how do you know you are putting someone in danger?


2 posted on 05/24/2012 7:49:53 AM PDT by Elderberry
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To: servo1969

Slavery is not dead in America. Everyone is one judge’s decision away from being a slave to another citizen for life.


3 posted on 05/24/2012 7:50:31 AM PDT by DManA
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To: servo1969
What next? Blame distracting radio commercials for playing police sirens in the background?

There are distractions while driving a car--a bee can enter an open window, a rock can hit and crack a windshield, and a warning light can appear suddenly on the dashboard. All can be distractions, but it is up to the driver alone to maintain control.

4 posted on 05/24/2012 7:52:28 AM PDT by Lou L (The Senate without a filibuster is just a 100-member version of the House.)
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To: Elderberry

Apparently the theory of P’s case is that she knew he was driving when she texted him. I think they have a serious issue with both duty (element 1 of a negligence action) and proximate cause (element 3). My assumption is that boyfriend doesn’t have enough liability insurance to suit the plaintiffs’ attorney.


5 posted on 05/24/2012 7:54:00 AM PDT by jagusafr ("Write in Palin and prepare for war...")
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To: servo1969

I guess the *girlfriend* wore the pants in that relationship... at least, the pants with the *deepest pockets*.


6 posted on 05/24/2012 7:54:16 AM PDT by Nervous Tick (Trust in God, but row away from the rocks!)
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To: servo1969
I don't think they should be able to sue the girlfriend. The guy was doing the texting-while-driving, not her.

But IMO, texting while driving should be illegal, period, end of story.

I tried to do it a few times in the past. It's scary. I'll never do it again.

Pull over and THEN text.

7 posted on 05/24/2012 7:54:58 AM PDT by dayglored (Listen, strange women lying in ponds distributing swords is no basis for a system of government!)
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To: servo1969

common sense was lost long before the legs were


8 posted on 05/24/2012 8:02:20 AM PDT by bigbob
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To: servo1969

Stoopit lawsuit and should be dismissed.

Sad outcome though.


9 posted on 05/24/2012 8:05:55 AM PDT by Vendome (Don't take life so seriously, you won't live athrough it anyway)
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To: Nervous Tick

I guess the *girlfriend* wore the pants in that relationship... at least, the pants with the *deepest pockets*.


The only reasonable explanation.


10 posted on 05/24/2012 8:06:31 AM PDT by Presbyterian Reporter
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To: jagusafr

I think you’re right.

If she did indeed know he was driving, I think she might be held liable for some very small percentage of blame and damages.

I mean a SMALL percent. Like no more than 10%.


11 posted on 05/24/2012 8:08:46 AM PDT by Responsibility2nd (NO LIBS. This Means Liberals and (L)libertarians! Same Thing. NO LIBS!!)
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To: servo1969

That a ridiculous stretch.../sigh.


12 posted on 05/24/2012 8:12:16 AM PDT by mykroar (Romney: Snatching defeat from the jaws of victory. Shows daily.)
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To: dayglored

That’s why they invented Bluetooth and voice texting. Not only should it be illegal, but make the penalty at least $5,000 to scare people and jail time. No one is going to be concerned about a small fine.


13 posted on 05/24/2012 8:14:11 AM PDT by max americana
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To: Responsibility2nd

Nah. Texting means you can read it later. Like email.


14 posted on 05/24/2012 8:14:16 AM PDT by Casie
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To: dayglored

careless driving is already illegal


15 posted on 05/24/2012 8:18:55 AM PDT by Gettin Betta
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To: servo1969

Her parents must have money


16 posted on 05/24/2012 8:19:19 AM PDT by AppyPappy (If you really want to annoy someone, point out something obvious that they are trying hard to ignore)
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To: Gettin Betta

so now liability extends to something somebody else did.

This is just an insurance fishing expedition.


17 posted on 05/24/2012 8:22:07 AM PDT by longtermmemmory (VOTE! http://www.senate.gov and http://www.house.gov)
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To: jagusafr

“”After the September 2009 crash, police discovered he had exchanged 62 texts with his girlfriend that day, and he admitted he had been looking at his phone moments before he lost control of the car.””


How many of those text messages stated that he was driving at the time?

Given there were 62 messages the probability of her contributing to the negligence increases. And if her parents have deep pockets that further increases her being sued.


18 posted on 05/24/2012 8:25:56 AM PDT by Presbyterian Reporter
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To: Elderberry
Lighten up folks. Just a PI attorney doing his job for a couple of nice people who lost a leg apiece in this horrible accident.

A scrupulously fair man myself, I demand that both the ditzy girl, her boyfriend, and both sets of parents and their undoubted boyfriends and girlfriends, be shot. The American gene pool needs protection from these people.

If any of them have tattoos, shoot'em again.

19 posted on 05/24/2012 8:29:29 AM PDT by Kenny Bunk (So, Scalia, Alito, Thomas, and Roberts can't figure out if Obama is a Natural Born Citizen?)
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To: Presbyterian Reporter

62 messages that day.

How many messages in the days before? What was the boyfriend doing while receiving and sending text messages with his girlfriend in the days before the negligence?

It is my observation that kids are addicted to their cell phones and texting. 62 messages on the day of the accident may have been a light day.

Show a pattern of negligent behavior on the part of the boyfriend and girlfriend and she will end up paying part of the judgment.


20 posted on 05/24/2012 8:31:32 AM PDT by Presbyterian Reporter
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