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.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.