Kubert v. Best
New Jersey Superior Court, Appellate Division
75 A. 3d 1214, 432 NJ Super. 495 (2013)
Linda and David Kubert (plaintiffs) were grievously injured when their motorcycle collided with a pickup truck driven by 18-year-old Kyle Best (defendant). The Kuberts each lost both legs and suffered other serious injuries. Seconds prior to the impact, Best had received a text message from Shannon Colonna (defendant), whom he had been texting for most of the day. However, the content of the messages was unknown. The Kuberts filed a negligence suit against Best and Colonna. Prior to trial, the Kuberts settled with Best. Colonna moved to dismiss the claims against her, arguing that she owed no legal duty to the Kuberts, because she did not realize that Best was driving when she sent him the text message. Further, there was no evidence that Best actually looked away from the road to read Colonna’s text immediately preceding the crash. The trial judge agreed and dismissed the Kuberts’ suit. The Kuberts appealed.
Rule of Law
Holding and Reasoning (Ashrafi, J.)
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