Man sues date for texting during movie

We've all been on terrible dates and usually we just walk away and lose their phone number.

Don't call me, I'll call you...never.

An Austin, Texas man however, isn't taking his bad date lying down. He's suing the woman for the cost of a movie ticket because she texted on her phone throughout. Adding to the insult, the movie was Guardians of the Galaxy Vol. 2, showing at the Barton Creek Square Theatre on May 6, in 3D no less.

And that's a deal-breaker.

Guardians of the Galaxy Vol. 2 movie poster. Image: Getty

Brandon Vezmar, 37, wants nothing more and nothing less than the cost of the movie ticket which is exactly $17.31 US, or $20.30 AUD.

Clearly he's intent on making a point.

Be distracted during some lame chick-flick, but don't you dare take your eyes off the screen during Guardians of the Galaxy Vol. 2. Particularly considering the fact movie tickets are pretty pricey these days, not to mention the cost of snacks purchased at the candy bar.

Vezmar said his date was texting in 'direct violation' of the policy of the cinema and 'adversely' affected his experience watching the movie.

The 35-year-old date was contacted by the Austin Statesman but seems not to be taking the matter seriously. "Oh my God. This is crazy," she reportedly said, explaining that she'd only texted a friend who was having a fight with her boyfriend  'two or three times' during the movie

The woman said a friend was having a fight with her boyfriend and she only texted two or three times. Image: Getty

"I had my phone low and I wasn't bothering anybody,' she said. 'It wasn't like constant texting."

Vezmar, who runs his own communications consulting company, disputed her version of events, describing it as, "a first date from hell", claiming she started texting 15 minutes into the movie.

"This is like one of my biggest pet peeves," he unnecessarily explained.

The petition lodged states Vezmar asked his date - whom he'd met online - to stop texting and perhaps go outside to do it. So she did, and never came back, leaving in the car they'd travelled to the movie in.

Vezmar did call his failed date to reimburse him for the movie ticket, but the woman said she refused. He then contacted her little sister asking for the money back, forcing her to consider seeking a protective order against him.