Two weeks ago a NJ judge ruled that the girlfriend of Kyle Best who was texting him while he was driving,  could not be held liable for the resulting injuries. The victims of the accident, David and Linda Kubert, argued thru their attorney that Shannon Colonna is liable because she should have known Best was behind the wheel at the time. Colonna's attorney argued that Colonna had no control over when Best would respond to her messages and that to allow the suit to move forward would create a slippery slope in which nearly any form of distraction could be the basis for a liability claim.

So, what do you think? Can someone be "electronically present," as argued by the Kubert's lawyer or is this argument full of holes? Vote in the poll and post your comments.