Texas man sues woman for texting too much while on a date

An Austin, Texas, man filed a lawsuit on Tuesday in Travis County small claims court after he says a woman he met online texted too much during their first date.

The pair met up on May 6, when they drove to a local movie theater to see the recently released movie, "Guardians of the Galaxy, Vol. 2," and that's when things started going horribly wrong, according to the plaintiff, 37-year-old Brandon Vezmar.

Vezmar alleges his date, a 35-year-old woman who wishes to remain unidentified, began texting on her phone 15 minutes into the movie. The lawsuit claims she turned her phone screen on "at least 10-20 times in 15 minutes to read and send text messages," something Vezmar acknowledged was one of his pet peeves, according to the Austin American-Statesman.

"It was kind of a first date from hell," Vezmar said. "This is like one of my biggest pet peeves."

Vezmar claims that he asked his date to refrain from texting during the movie, but she continued despite his pleas. After he suggested she walk outside the theater to finish her conversation, he says she left in her car, leaving him stranded at the movie theater.

The woman, who was unaware of the lawsuit until she was contacted by the local paper, told the Statesman that she was texting a friend who was fighting with her boyfriend, and that Vezmar was exaggerating the amount of times she texted during the movie.

"Oh my God. This is crazy," the woman said. "I had my phone low and I wasn’t bothering anybody. It wasn’t like constant texting."

According to the woman, Vezmar texted her several days later asking her to pay him back the $17.31, the cost of the two movie tickets, but she refused.

"He took me out on a date," she insisted.

She is seeking a protective order against Vezmar, who she said has been contacting her little sister asking to be paid back for the tickets.

Vezmar alleges in the lawsuit that the woman's texting was in "direct violation" of the theater's policy, and that it harmed the viewing experience for the other patrons around her, including him.

"While damages sought are modest, the principle is important as defendant’s behavior is a threat to civilized society," Vezmar wrote in the petition.

The woman believes the incident is being blown out of proportion.

"I'm not a bad woman," she said. "I just went out on a date."