Distracting Text Alert Not Responsible For Fatal Vehicle Crash, 5th Circuit Affirms

Mealey's (January 9, 2019, 7:25 AM EST) -- NEW ORLEANS — The Fifth Circuit U.S. Court of Appeals rejected on Dec. 18 the argument that a smartphone text message notification triggers a “neurobiological compulsion” to read it, saying Texas law had yet to recognize the device’s effect on its user as a cause of injury.  It affirmed the dismissal of claims brought against Apple Inc. by plaintiffs who alleged that a driver who caused a fatal accident had been reading a text (Kimberly Meador, et al. v. Apple Inc., No. 17-40968, 5th Cir., 2018 U.S. App. LEXIS 35431)....