Sunday, February 4, 2018

Case Against Person Who Sent Text to Driver in Fatal Accident Dismissed


Tort Talkers may recall prior blog posts on the Lawrence County case of Gallatin v. Gargiulo (C.P. Lawrence Co., 2016 Hodge, J.), in which that trial court allowed a lawsuit to proceed beyond the pleadings stage against a man who had texted a driver who was involved in a fatal accident allegedly at the time she received the text sent. 

In addition to the defendant driver, the Plaintiff was seeking to hold the sender of the text liable.  Here is a LINK to those prior Tort Talk posts on the Gallatin case.

According to an article in the Scranton Sunday Times (2/4/18), it was reported in a Washington Post article that the Lawrence County Court of Common Pleas has now dismissed the claims against the sender of the text, apparently at the summary judgment stage.

I am currently trying to track down a copy of that Lawrence County decision and would appreciate it if anyone could send it so I can share it here on Tort Talk.  I also have an email out to the author of the Washington Post article requesting a copy.

The Washington Post article written by Fredrick Kunkle and entitled "Case dismissed against person who texted driver in fatal Pennsylvania crash" (2/3/18) can be viewed HERE.

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