03/18/2010 05:12 am ET Updated May 25, 2011

Jennifer Smith: Mother Killed By Driver On Cell Phone, Sues Both Wireless And Phone Provider

Jennifer Smith's 61-year-old mother was killed last year in Oklahoma City by a driver talking on a cell phone. Now, the New York Times reports Smith is suing both the company that provided the driver's phone and his wireless service.

[Smith] hopes to prove that the companies should have foreseen the dangers and that they failed to provide adequate warnings.

Legal experts said her lawsuit, currently the only such case and one of only a handful ever filed, faces steep challenges but also raises interesting questions about responsibility for behavior that is a threat to everyone on the road.

In September, Smith was interviewed by the AP for an article about drivers with cell phones. "This isn't just a small problem," Smith said. "This is an epidemic."

Read the full story at the Times here.