Attorneys seeking punitive damages against drivers who were talking on their cellphones at the time of an accident need to show a little more than just cellphone use, attorneys who spoke with the Law Weekly said.
“I think it’s at the point where courts are taking a look at, first off, whether just being on a cellphone can be considered reckless,” attorney Joseph G. Price of Dougherty, Leventhal & Price said. “It seems to me at least that the courts are coming down, saying, ‘Just one cellphone? That’s not enough.’”
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