This section contains the nature of the case and procedural background.

Ps were severely injured by D, an eighteen-year-old driver, who was texting while driving and who had crossed the center-line of the road. Ps were driving a motorcycle and were hit by D’s pickup truck. D crossed the centerline while receiving a text message from Shannon Colonna (D1). D and D1 had been texting most of the day. Both Ps lost their left legs as a result of the accident. Ps sued Ds and settled with D. D1 moved to dismiss in that she owed no legal duty to Ps. D1 claims she did not know that D was driving. D1 further claimed there was no evidence that D looked away from the road to read her text preceding the crash. The content of the messages was unknown. The court granted the motion, and Ps appealed.

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