Kubert v. Best, A-1128-12T4; Appellate Division; majority opinion by Ashrafi, J.A.D.; concurrence by Espinosa, J.A.D.; decided and approved for publication August 27, 2013. Before Judges Ashrafi, Espinosa and Guadagno. On appeal from the Law Division, Morris County, Docket No. L-1975-10. D.D.S. No. 36-2-1132 [40 pp.]

David Kubert was riding his motorcycle. His wife, Linda Kubert, was riding as a passenger. As they came around a curve, a pick-up truck driven by 18-year-old Kyle Best crossed the double center line of the roadway into their lane of travel and struck them. Best called 9-1-1 at 15 seconds after 5:49 p.m. That was 17 seconds after he sent a text to Shannon Colonna, a 17-year-old girl who had been texting him most of the day. It can be inferred that his text to her was in response to her text to him that he received 25 seconds earlier. New Jersey law prohibits texting while driving.