Sunday, September 15, 2013
LINDA KUBERT, ET AL. VS. KYLE BEST, ET AL. A-1128-12T4
LINDA KUBERT, ET AL. VS. KYLE BEST, ET AL.
The sender of a text message has a duty under the common law of negligence to refrain from sending a text to a person who the sender knows, or has special reason to know, is then driving and is likely to read the text while driving. Plaintiffs in this case, who were grievously injured by a driver who was texting, did not produce sufficient evidence to withstand summary judgment on the remote texter's breach of such a duty. (The concurring opinion disagrees with the imposition of such a
duty on a remote texter, concluding that traditional tort principles are adequate to determine whether liability can be imposed.) 08-27-13