NBC 10 Philadelphia
Lawyer drops appeal in NJ texting case
Attorney Stephen Weinstein represents a couple who each lost a leg in 2009 when their motorcycle was struck in New Jersey by a teenager who was driving and texting.
Should both the sender and the recipient of text messages be equally liable for personal injury claims arising from car accidents caused by distracted driving? The New Jersey court of appeal said, yes, on the one hand, but, held that there was not sufficient evidence that the sender of the text in this case was aware that the recipient was driving at the time the message was transmitted (a requirement under the statute). It looks like the plaintiffs in this case have decided to forego an appeal to the state Supreme court on this issue and have, instead settled all claims for the policy limit of $500,000. The injured parties lost legs in this horrific accident. As a personal injury lawyer, I for one, was watching this closely to see of other states would follow suit in imposing exapanded legal liability on texters.
See on www.miamiherald.com