Matt Kozar, Eyewitness NewsMINE HILL (WABC) -- On an early September evening in 2009, David and Linda Kubert were riding along a windy road on their motorcycle in Mine Hill, New Jersey when they were sideswiped by a Chevy pickup that crossed double yellow lines. The driver, 19-year-old Kyle Best was texting. Both David and Linda Kubert lost their left legs because of the crash. They've since filed a lawsuit aimed not only at the distracted driver who hit them, but the person who was texting.
Attorney Skippy Weinstein is representing the Kuberts, and spoke on their behalf.
"What I found interesting was her testimony at depositions that this is what teenagers do," said Weinstein.He says Shannon Colonna, who was texting the distracted driver around the time of the accident is as much responsible.
Colonna's attorney - who filed a motion to dismiss the lawsuit would not make a comment.
"In this particular case, as unique as this case would be, there were facts, there were time incidents that speak to the fact that she knew his schedule very well," said Skippy Weinstein, on why Colonna was liable.
People who live in the neighborhood where the crash happened seem skeptical.
"The texter has no idea where that other person is, whether they're driving home," resident Christine Megletti said.
A Superior Court judge will rule whether Colonna can be included in the lawsuit on May 25th.Weinstein's clients are now advocating for state legislation that increases penalties for illegal cell phone use while driving.
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