A recent turn has been made in the rising issue of distracted driving. David and Linda Kubert decided to file a lawsuit against not only the person responsible for injuring them, but also the person who he was texting.
In September of 2009, 19-year-old Kyle Best drifted across the yellow lines and sideswiped the Kubert’s who were on a motorcycle. Both David and Linda Kubert lost their left legs. Best was texting Shannon Colonna.
According to the Kubert’s attorney, Skippy Weinstein, there are facts that Colonna knew Best’s schedule very well and is liable for texting him while he was driving. People living in the neighborhood where the crash occurred are skeptical of the situation. But a Superior Court judge will have the final say as to whether Colonna will be included in the lawsuit.
Colonna’s attorney, Joseph McGlone, stated “The sender of the text has the right to assume the recipient will read it at a safe time.”
Best’s driver’s license has not been suspended, but he did plead guilty to three motor vehicle citations.
