In September 2009, David and Linda Kubert were riding their motorcycle in Mine Hill, NJ when they were struck by an 18-year-old driver. The couple each lost a leg to amputation. Driver Kyle Best "received summons for using a cell phone without a hands-free device, careless driving and making an unsafe lane change." Best had been receiving text messages from his girlfriend, Shannon Colonna, and the Kuberts were trying to hold her liable for causing the grievous crash. However, today a judge ruled that Colonna could not be sued.

According to the Star-Ledger, Judge David Rand said, "We expect more of our drivers. We expect more of the people who are given the license and privilege to operate vehicles on our highways. I find that there was no aiding, abetting here in the legal sense. I find it is unreasonable to impose a duty upon the defendant in this case under these facts. Were I to extend this duty, in my judgment, any form of distraction could potentially serve as basis of a liability case... Drivers are bombarded with all forms of distractions"—like GPS devices, billboards, push notifications—"It's the reality of today's world."

The Kuberts' lawyer had argued that Colonna and Best had already exchanged 62 text messages on September 21, 2009, right before Best crashed into the couple, and said that Colonna knew that Best would be driving around that time. Last year, Colonna stated in a deposition, "I may have known. I may not have known. Probably not." She also revealed that she texts "probably like 110 (times) or more... I mean, I’m a young teenager. That’s what we do."

In describing the collision, David Kubert said, "We came around a curve and there he was on my side of the road with his head down. And he hit us." Per the Star-Ledger, "Court records show Colonna texted Best at 5:48:23 p.m., he texted her back 44 seconds later and then called 911 to report the crash just eight seconds after sending the text." Colonna's lawyer said, "A message sender has no way to control when, where or how a message receiver acts after the message is transmitted. It is the message receiver’s responsibility to read it at the appropriate and safe time."

The Kuberts' lawsuit against Best still stands.