In Evarts v Pyro Engineering, No. 517394, 985 N.Y.S.2d 179, 181–82, 2014 N.Y. Slip Op. 02996, 2014 WL 1698366 (N.Y.A.D. 3 Dept., May 01, 2014), the court modified a lower court’s order and reversed the grant of summary judgment in defendants’ favor on plaintiff’s negligence cause of action arising from a fireworks-related injury. Here, the…
Read More Fireworks Injury Negligence Claim Survives Summary JudgmentToday, July 4th, is a federal holiday – also known (here, anyway) as Independence Day – commemorating the adoption of the Declaration of Independence on July 4, 1776 by the Continental Congress declaring that the 13 original American colonies considered themselves a new nation (the United States of America) and no longer part of the British…
Read More Have a Happy Fourth of July – Just Be CarefulAs summer approaches, one’s thoughts naturally turn to summer-y things, like picnics, pools, barbecues, and, maybe, fireworks. But, as we all know, fireworks (and similar devices) can be dangerous, and their use may result in serious injuries. Worse, anyone suffering such injuries may be deprived of a legal remedy under a rule recently applied by…
Read More Decision to “Light Up Some Boom Booms” Precludes Recovery in Negligence