This is similar to a New Jersey case in which a woman who sent a text message to a man was sued because he read the text while driving and caused a serious wreck. A judge tossed that case, thank goodness.
But sometimes even dismissals can pay off for trial lawyers. After a California judge found a class-action claim against Volkswagen meritless, plaintiffs' attorneys tweaked the complaint. Weary of the court battle, VW finally settled. The attorneys received about $500,000 in fees, the plaintiffs received zilch. What a system.