"We hold that the sender of a text message can potentially be liable if an accident is caused by texting, but only if the sender knew or had special reason to know that the recipient would view the text while driving and thus be distracted"
Did any of you RTFA?
They said a person COULD be held liable if they knew the driver was texting.
In this case the court found the defendant not liable because she didn't know her boyfriend was driving. The court basically laid out the groundwork for these type of lawsuits and the burden of proof required. The court actually made it harder to sue because the person texting needs direct knowledge of behavior which is distracting. Texting is not enough, they need to know the driver is reading the texts. Even knowing someone is driving isn't enough because you must be aware they will read them while driving. That burden is damn near impossible to reach.
The girl was found not liable.
Another fantastic sensationalist headline where no one bothered to actually read the details.