Cell phone lawsuit settled; legislation debated

Using cell phones while driving took center stage in Columbia Wednesday, as a lawsuit involving a distracted driver who killed two bicyclists was settled hours before trial and state lawmakers began a discussion of whether to pass a law restricting cell phone use while driving.

The amount of the settlement for the death of Columbia cyclist Thomas Hoskins, 49, won't be public for several weeks. But it's expected to be higher than the $2.5 million the estate of his fellow rider, Lee Anne Barry, settled for in December. The trial was called off before it was to begin Wednesday morning.

Later in the day, across town at a legislative hearing, citizens and officials told lawmakers they favor a bill in the South Carolina House to outlaw texting or talking on a hand-held cell phone while driving.

"We lost a son because of a cell phone," said Ned Blackmon, 75, of Lancaster, who told the House Transportation subcommittee that his son, Monty, 35, a Clemson graduate and father of three, was killed in a 2003 accident because of a driver's cell phone use.

Windy Key, 18, a senior at Dreher High School, said students in her class of 250 overwhelmingly favor outlawing texting while driving. But students at this time don't want a ban on using a hand-held cell phone while driving, she said.

Jeff Moore, executive director of the S.C. Sheriffs Association, said if a bill to ban texting passes, "I don't think there's a sheriff in the state who would complain about it."

And Tom Crosby of AAA Carolinas, with its 650,000 S.C. members, said studies clearly say using a cell phone while driving is dangerous. He said surveys show South Carolinians have one of the highest rates of texting while driving of any state in the nation.

"It's a very serious issue - worse, we believe, than drunk driving," Crosby said.

After the hearing, Rep. Don Smith, R-Aiken, said the transportation subcommittee will discuss the bill next week. He predicted the bill then will go to the full House Education and Public Works Committee. It is chaired by Rep. Phil Owens, R-Pickens, who attended the hearing and said he favors cell phone driving limits.

Smith and Owens said the House is likely to support a texting ban, but it remains to be seen if members also will vote to ban talking on held-held cell phones.

Lexington businessman Buddy Young, who favors a ban on texting, said he is on the road a lot and makes good use of his phone while driving.

If lawmakers ban talking on hand-held cell phones, Young said, what will stop them from banning anything "I am holding in my hand," such as a Pepsi or cup of coffee?

In previous years, bills to restrict cell phone use while driving have failed. But in the past year, public awareness of cell phone dangers have grown. Numerous states have outlawed texting or talking on a hand-held cell phone, or both.

In the lawsuit, $55 million worth of insurance was at stake. Sharon King, who was driving a Chrysler Pacifica when it struck Hoskins and Barry in Lancaster County in 2007, was in a company car. It was the company's insurance at issue.

At the time of the incident, the bicyclists were riding well to the right and there was little traffic in the area, evidence indicated. Evidence in the case also indicated King was using a cell phone, according to court records.

Last week, King pleased guilty in Lancaster County to reckless driving. She was fined the maximum, $200.

Hoskins' wife, Sherri Hoskins, 52, told The State King was clearly at fault. "She was totally not paying attention," Hoskins said.

King's inattention left her three children - Rob, 25, Ryan, 21, and Becca, 13 - fatherless, she said.

She said she hopes lawmakers take a lesson from her case.

"I would hope to see something positive come from this tragedy," she said.