Pamela Sakowicz Menaker Authors Article on Texting Case that May Hold Sender of Text Liable in New Jersey

Pamela Sakowicz Menaker, Communications Partner at Clifford Law Offices, recently authored an article for the American Bar Association (ABA) entitled “Text Message Sender May Face Liability for Driver’s Accident” (Nov. 27, 2013). As a contributing editor for the ABA Litigation News, Menaker wrote about a recent New Jersey case which expanded the concept of duty for texters by identifying specific conditions under which the sender of the original message maybe held responsible along with the driver who causes an accident. The case is Kubert v. Best, which held that the sender of a text message has a qualified duty not to send a text to someone she knows is driving and knows the texting habits of the driver who will likely respond. Such conduct amounts to “aiding and abetting a driver’s wrongful conduct,” the court found. The decision generated quite a bit of conversation in the legal community. To view the entire article and read the case, click here.