A husband and wife injured by a texting teenaged driver in 2009 are trying to break new legal ground by suing the person with whom he was exchanging messages right before the crash.

David and Linda Kubert claim that because Kyle Best was answering a text from Shannon Colonna at the time, Colonna was “electronically present” in Best’s pickup truck when it crossed the yellow line and hit them on their motorcycle, causing each of them to lose a leg.