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NEW CASTLE, Pa. (AP) — A Lawrence County court has dismissed a lawsuit against a man texting a driver who was involved in a fatal crash after testimony failed to show that he knew that the intended recipient was driving at the time.

The Washington Post reports that the ruling came Friday in Lawrence County.  The fatal crash happened in May 2013 crash when 68-year-old Daniel Gallatin was killed in Hickory Township.

Authorities said Gallatin’s motorcycle was struck by a sport utility vehicle driven by 47-year-old Laura Gargiulo, who pleaded guilty in 2015 to involuntary manslaughter and texting while driving.

Gallatin’s family filed suit against her and against the man who texted her.

Defense attorney Michael Lang said “there was no way in hell” that his client knew where the text recipient was “or what she was doing.”

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