Man sues date because she was texting during movie

Brandon Vezmar says he met a woman on a dating app and they agreed to meet in person on May 6.

“We met up on South Congress at Joe's, went over to home slice, had a slice of pizza, and then in her car, headed over to the movie theater,” said Vezmar.

The 37-year old communications consultant says he bought two tickets on Fandango. About 15 minutes into the movie is when things went sour he says.

“She started texting, and texted and texted. In fact a couple of times she left her phone on in her lap, just screen up,” said Vezmar.

In his complaint, he states the woman "activated her phone at least 10-20 times"  and left the theater and did not come back. Vezmar said he texted her a few days later asking for the ticket money back and the woman initially said no. Vezmar  wanted his $17.31 cents back. The cost to file lawsuit was $121.

“Did I want to pay $120 to sue a person I went on a date with? No. This whole situation is bizarre. That is not lost on me. [It’s] the insult of being bought a slice of pizza, getting a movie ticket, texting during the movie, making everyone uncomfortable, leaving brandon stranded in the suburbs at a theater, gotta get an Uber, calling like hey are you ok where'd you go."

His date, who wants to remain anonymous, said in a statement:

"I did have a very brief date with Brandon, that I chose to end prematurely. His behavior made me extremely uncomfortable, and I felt I needed to remove myself from the situation for my own safety. He has escalated the situation far past what any mentally healthy person would. I feel sorry that I hurt his feelings badly enough that he felt he needed to commit so much time and effort into seeking revenge. I hope one day he can move past this and find peace in his life."

An Austin attorney who often fights civil cases, said this lawsuit is frivolous. “There is no cause of action in Texas for being a bad date,” said Robert Ranco, attorney at the Carlson Law Firm.

On Thursday, Vezmar's date paid him back outside the theater. 

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