However, I still don't think this is an example of a frivolous case.
I fully agree. Under our current theories of liability, the cell phone company created a product which would inevitably lead to deaths like this one. There's no statutory protection for them. I could easily see the plaintiff winning this case.
Would your opinion change if you knew that the company/defendant had also engaged in lobbying the pertinent legislature to defeat statutory and regulatory restrictions on dangerous cell phone use?
I agree with KingMerv that any attempt to punish people, directly or indirectly, for their efforts to petition the government is unconstitutional. I think that such attempts represent a far greater threat than any threat of unsafe driving.
Or what if they actively marketed their product/service to be used in cars?
There's two issues here that it would be easy to confuse. Under our current liability system, it seems to me that such marketing efforts are relevant. If they actively marketed their product in such a way that they knew it would create risk, especially for non-users of their phones, I can't come up with any defense that would absolve them.
However, I don't think our system is ideal. I think that we should decide if it ought to be legal to own phones that can be used while driving. If it is, I can't object to a company providing such phones.
It's like the baked beans in the church basement case. Do we, as a society, want to allow church potlucks? If so, we ought to allow them. If not, we ought to ban them. Perhaps there's a comfortable middle ground where we explicitly, in statutes, demand that potluck goers compensate any resulting sickness with payment of medical bills, or a 10,000 dollar payement to next of kin who die as a result of the Tuna Surprise. If the rules are clear, and you play by the rules, you ought to be off the hook. If the rules are clear, and you violate them, you ought to have to pay the penalty provided for in the rules.
What we have now is a situation where the rules are fuzzy, and we'll decide after the fact what we meant.