A Morris County judge was being asked to decide whether a woman who sent a text message to her boyfriend just before he caused a serious accident could be held liable.

Judge David Rand rejected the plaintiff’s effort to hold the text sender liable.   “Were I to extend a duty of care [to the text sender] in this case, in my judgment any form of distraction could potentially serve as a basis of liability,” he said.

The case was believed to be the first of its kind.  Morris County motorcyclists who were severely injured and each had a leg amputated sued Kyle Best, the driver of the car, as well as his girlfriend, from whom he was receiving a text message at the time he caused the accident.  The injured parties claimed that she knew or “should have known” the driver would be reading the text while driving, even though she wasn’t with him in the vehicle. 

According to a Daily Record report, the plaintiffs’ attorney is planning to appeal.