A man from Texas has filed a lawsuit against a woman he went on a date with because she was texting in the cinema.

Brandon Vezmar, 37, said he complained about the unnamed woman’s phone use during their viewing of Guardians of the Galaxy, Vol. 2.

She refused and walked out after Vezmar repeated his requests.

Vezmar said her behaviour was a “threat to civilised society”.

He now wants to recoup the $17.31 that he paid for her cinema ticket.

He described the event as a “first date from hell” and said people texting inappropriately is one of his pet hates.  

“Oh my God,” the woman said to the Austin American Statesman on hearing the news. “This is crazy.”

She added, "I had my phone low and I wasn't bothering anybody." 

Vezmar said in his petition the woman “activated her phone at least 10-20 times in 15 minutes to read and send text messages”.

However, the woman has refused to pay the money because he took her on the date.

Following media attention on the case, the cinema’s chief has offered to settle the case by giving Vezmar a $17.31 gift certificate.