Kubert v. Best, et al., No. A-1128-12T4, 2013 N.J. Super. LEXIS 132 (N.J. Super. Ct. Aug. 27, 2013)

(plaintiffs, married couple, were riding their motorcycle when it was sideswiped by motorist that was texting; plaintiffs each lost their left legs; motorist settled and plaintiffs sued motorist's friend who sent text messages to motorist; trial court ruled against plaintiffs on basis that cause of accident was motorist's negligent driving; on appeal, court affirmed on basis that evidence insufficient to establish that friend knew or had reason to know that recipient of text messages would read the sole text that was sent while recipient was driving; court refused to hold cell phone companies liable for not designing feature that would block text's from being received while driving; one judge wrote concurring opinion on basis that tort law already sufficiently addresses matter and 41 states already restrict texting and driving).