Couple Hurt by Text-Messaging Driver Settle Lawsuit

David and Linda Kubert's attorney says the settlement amount equals the maximum driver Kyle Best's insurance would cover

Tuesday, Aug 21, 2012  |  Updated 4:26 PM EDT
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Texter Faces Lawsuit in Distracted Driver Case

A New Jersey judge will decide if the sender of a text message can be sued if the recipient becomes distracted and gets into a car accident. Chris Glorioso reports.
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A couple who each lost a leg when their motorcycle was struck by a teenager who was driving and texting in New Jersey have settled their lawsuit against him for $500,000.

David and Linda Kubert's attorney tells the Daily Record newspaper the settlement amount equals the maximum driver Kyle Best's insurance would cover.

The Kuberts now live in Florida. Attorney Stephen Weinstein says they're struggling financially.

Weinstein says they still plan to appeal a judge's ruling Best's girlfriend can't be held liable for the 2009 wreck in Mine Hill even though she sent him the text message to which he was responding.

The girlfriend testified she didn't know Best was driving.

Best pleaded guilty to distracted driving. He was ordered to speak to high schools about the dangers of texting and driving and paid $775 in fines.

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