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Stupidity and neglect on both parts. So she was too busy texting. Yes, of course the mom should sue ! Then she can get the girl a car so she can drive while texting, and maybe even secure the irresponsible child's future of expecting even more and more when she was, in part, responsible.
Personally, I would have a form of parental punishment, not be on tv, and make it a life lesson in being responsible, attentive, and paying attention to the task at hand, which was first and foremost, walking. Not texting.
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