Rebecca Young (Of Counsel-Birmingham, AL) and Anna Saunders (Associate-Birmingham, AL) obtained a dismissal victory for one the nation’s largest wireless carriers and cell phone retailers in an action arising out of a catastrophic automobile crash that resulted from the use of a smartphone while driving. The plaintiff passenger attempted to impose liability beyond the distracted driver by alleging that it was foreseeable to the carrier/ retailer that its services and products caused distracted driving and that the carrier/ retailer had a duty to ensure lock-out technology was implemented to prevent distracted driving. As to the general negligence and wantonness claims, Rebecca and Anna argued that there was no recognized legal duty on a wireless carrier or cell phone provider to prevent a driver from acting dangerously. Further, as pled, the driver’s reckless driving was a superseding and intervening cause that, under Alabama law, breaks the causal chain. In response to plaintiff’s products liability claims under the Alabama Extended Manufacturer Liability Doctrine (AEMLD), Rebecca and Anna pointed out that the allegations establish the plaintiff was not the “user” of the allegedly defective product as contemplated by the AEMLD. Similarly in response to breach of contract claims, Rebecca and Anna argued that the plaintiff was not an intended third-party beneficiary to the services and equipment contracts, that the carrier/ retailer had specifically disclaimed liability arising out of the user’s actions, and that there was no conceivable connection between the terms of the contracts and the car accident that could create liability. Following extensive briefing and oral arguments, the court agreed with the defense and dismissed all claims against the carrier/ retailer with prejudice.