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Good evening. Was the phone his or hers? Also, did he place the phone on the box or did you? What grounds is she alleging that you are liable?
Thank you for the additional information and good morning. If the phone was given to him as a gift and it was his, she may not have any standing or grounds to sue you. As the owner, it would be HE who would have to file suit and you may be able to dismiss the action, based upon that alone. Moreover, there needs to be grounds/a legal basis to support the cause of action. If she is saying you threw the phone in the pool and she has no proof ( unless she was there and is going to testify to what she say), then her claim will fail as well. You certainly need to appear, respond and contest this but have defenses to raise and if your boyfriend will testify on your behalf as well, that you did not throw it, then she will lose at trial and not recover, if it even goes that far. If she wanted to prevail, she would first need to show she has standing and can bring the lawsuit and then would need to show you were negligent, in the handling of the phone. Based upon what you shared above, neither of those elements are present.