In March 2020, Thomas P. Cella successfully defended a motor vehicle operator at a prejudgment remedy hearing in a rear end collision accident where the defendant admitted that she was texting while driving. The plaintiff claimed that the defendant’s violation of Connecticut’s anti-texting statute, CGS 14-296aa, amounted to reckless conduct justifying an attachment of the defendant’s assets. The Court, Moukawsher, J., concluded that the violation of the statute did not automatically require a finding of reckless conduct and that other factors, such as the speed of the defendant’s vehicle, the traffic conditions, the road conditions, the length of time the defendant was distracted while texting , have to be considered. The Court concluded that the evidence in this case, i.e., that the defendant looked down for five seconds to send a text and when she looked up traffic ahead of her had come to a stop, did not justify a finding of anything more than ordinary negligence. The plaintiff appealed the court’s decision. Rocky v. Dibble, 2020 WL 1656212 (March 4, 2020)(Moukawsher, J.). The lawsuit has recently settled.