An Austin man is suing the woman who was his date to see the new "Guardians of the Galaxy" movie after she texted throughout the film.
The Austin-American Statesman reports on Thursday, Brandon Vezmar filed a suit in small claims court against his date for the price of his movie ticket, $17.31.
During a 3D showing of Guardians of the Galaxy, 37 year old Brandon complained that 15 minutes after the start of the movie his date took out her phone and refused to stop using it. During the movie, Vezmar claims that she opened her phone between 10 and 20 times to read and send text messages.
She said "I'll be right back", and never returned.
She said she refused to reimburse him because "he took me out on a date".
Cruz says Vezmar went to great lengths to find her on social media.
She said she was texting a friend who had gotten into a fight with her boyfriend. "It was kind of a first date from hell".
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"He has escalated the situation far past what any mentally healthy person would", she told KVUE. "I said 'maybe you can take it outside to the lobby, I've seen people get kicked out movies for this'".
The petition said that the texting was a "direct violation" of the cinema's policy and the woman had "adversely" affected his and other patrons' viewing experience.
"While damages sought are modest, the principle is important as defendant's behaviour is a threat to civilized society", the petition said. "I just went out on a date".
"Let me move on with my life, I'll do whatever it takes,"Cruz said".
"I'm not a bad woman", she told the newspaper.
After learning about the claim, Alamo Drafthouse CEO Tim League has offered Vezmar a $17.31 gift certificate to settle the lawsuit.