So this is a first. In fact it's the first of its kind according to legal experts.
The New York Post reports
on a case involving a New Jersey woman who sent a text message to her boyfriend knowing full well he was behind the wheel at the time. Now the girlfriend in question, Shannon Colonna, could be added to a 2009 lawsuit stemming from boyfriend Kyle Best's collision with two motorcycle riders, which he admitted to being caused by the distracting text.
Original story posted May 21st - 1:03 PST
Update, May 29th - 10:22 PST
: So it turns out you can't be sued for texting someone who's driving - at least not for now. The judge in this case has issued a ruling
that Colonna cannot be sued for texting her boyfriend, stating that he finds it "unreasonable to impose a duty upon the defendant in this case under these facts." He added that were he to allow the lawsuit against Colonna, "any form of distraction [such as GPS devices and billboards, the judge noted] could potentially serve as basis of a liability case."