Distraction not device maker’s fault

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Ashville, N.C. (Dolan) — Motorists injured in a 2008 pileup should not be able to recover from the maker of a communications device a trucker was using when the wreck happened, a federal magistrate has recommended.

U.S. Magistrate Judge Dennis L. Howell recommended that Geologic Solutions, Inc.’s and Xata Corporation’s 12(b)(6) motion to dismiss be allowed because the plaintiffs failed to state a recognized cause of action under North Carolina law.

The recommended order was issued May 26 in the case of Durkee v. C.H. Robinson Worldwide, Inc., et al.

A driver operating a tractor-trailer became distracted while using a communications system manufactured by Geologic “which required the driver to look away from the road to view the message.” He ran into and over the plaintiff’s vehicle.

There were no allegations that any relationship existed between the plaintiffs and Geologic and Xata, according to the recommended order. Additionally, there was no allegation that the communications device malfunctioned in any way. The only allegations, the court observed, concerned misuse of the device by the truck driver.