Wednesday, February 14, 2018

Update on Gallatin v. Garguilo Text Sender Liability Case

A recent update was provided 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 the recent update, reference was made to reports that the court had since dismissed the claims asserted against the sender of the text.

Further investigation has confirmed that the case against the sender of the text was dismissed by Stipulation by the Plaintiff shortly before a Motion for Summary Judgment on the issue was to be argued to the court.  Defense counsel was prepared to argue that the Plaintiff failed to produce facts that the sender of the text knew that the recipient was driving at the time the text was sent.

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