United States:
Pa Superior Court Rules That Firecracker Injury Case Must Proceed To Trial
18 June 2014
Fox Rothschild LLP
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Today the Pennsylvania Superior Court reversed a lower court
decision granting summary judgment dismissing a case in which
Robert J. Thompson was injured while assisting in a fireworks
show. The Defendant argued that Thompson assumed the risk of
injury and moved for summary judgment based upon the assumption of
the risk doctrine.
On appeal the Pa Superior Court reversed the lower court and remanded for the
case to proceed to trial. In its ruling the Court found that
there was a dispute of fact as to the size of diameter of the
mortar tubes used in the show. The Court further found that the
question of whether the Plaintiff assumed the risk was a jury
question.
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