For those who think they've ever been on a particularly bad first date - think again.

Brandon Vezmar, 37, from Austin, Texas, sued his date last Thursday for US$17.31 $24.93) because she was texting during a movie.

The specific amount, according to Vezmar, is to compensate for the cost of the ticket to the 3D showing of Guardians of the Galaxy, Vol. 2 the Austin American-Statesman reported.

Brandon Vezmar, 37, from Austin, Texas, has sued a woman he went on a date with. Photo / Facebook
Brandon Vezmar, 37, from Austin, Texas, has sued a woman he went on a date with. Photo / Facebook

"It was kind of a first date from hell," Vezmar said. About 15 minutes into the movie, he claims, his date started texting.

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

His date, who asked that she not be named, found out about the claim against her when the Statesman called her on Tuesday.

"Oh my God," she said. "This is crazy."

In his petition, Vezmar got into the minutiae of his date's texting habits during Guardian of the Galaxy.

She "activated her phone at least 10-20 times in 15 minutes to read and send text messages," he claimed, adding that it was a "direct violation" of the policy at the theatre and that his experience was "adversely" affected by it.

Vezmar says that he asked his date to stop texting, and then suggested she go outside if she was going to continue.

She then left the theatre and drove away, which Vezmar says left him without a ride.

His date, on the other hand, maintained that she was texting a friend who was having a fight with her boyfriend.

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

When Vezmar texted her afterwards and asked that she pay him back for the movie ticket and pizza, she refused. She cited her reasoning as: "He took me out on a date."

She said she is also going to file a protective order against Vezmar because he allegedly tried to contact her little sister for the money he felt he was owed.

"While damages sought are modest, the principle is important as defendant's behaviour is a threat to civilised society," Vezmar's petition read.