# Suing the sender?

**URL:** <https://boards.straightdope.com/t/suing-the-sender/622850>\
**Category:** Factual Questions\
**Created:** [May 23, 2012, 4:57pm UTC](https://boards.straightdope.com/t/suing-the-sender/622850 "2012-05-23T16:57:01Z")\
**Posts on this page:** 1\
**Showing post:** 6

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**Author:** ![lawbuff](https://avatars.discourse-cdn.com/v4/letter/l/13edae/32.png) [@lawbuff](https://boards.straightdope.com/u/lawbuff)\
**Post date:** [May 23, 2012, 5:58pm UTC](https://boards.straightdope.com/t/suing-the-sender/622850/6 "2012-05-23T17:58:55Z")

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> [@Zyanthia](#):
>
> Thank you. I hadn’t thought too much about the repeatedly. I’m still not comfortable with her being part of the suit, but if the judges say it’s so, then I won’t complain.

If she is at the Deposition stage, obviously her attorney could not get her dismissed as a defendant. This is not an automatic judgment against her though.

> [@](#):
>
> If ruled she did have a duty not to text, when does that duty end? When he tells her, “Okay, I’ve reached my destination, we can text again?” At a time period after she knows he usually arrives at his destination? Will the judge also have to decide that?

If it is a bench trial, the Judge decides conclusions of law. If there is a Jury, they decide it on instructions from the court, maybe if damages need to be assigned, as an example 30% for her, 70% for the driver, etc., on the basis of contributory/comparitive negligence, etc.

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