$2.7 Million Recovery For Loss of Eye in Fireworks Accident

Attorneys John M. Dodig, Daniel J. Mann, and Bethany R. Nikitenko secured a $2.7 million recovery in a products liability case for a man who lost his eye as a result of serious injuries caused by his use of reloadable mortar fireworks. Plaintiffs alleged that the reloadable mortar fireworks were defectively manufactured in several respects including that the mortar shell was overloaded with a highly explosive and illegal flash powder. Plaintiffs retained nationally recognized experts in fireworks design in support of the claims. The case was vigorously defended by the seller of the fireworks, who filed two motions for Summary Judgment challenging the theories of plaintiffs’ liability experts and alleging spoliation of evidence. The case was particularly challenging given that it was litigated in a conservative venue, the mortar shell was consumed in the accident, and the base of the reloadable mortar tube was never located. The case ultimately settled for $2.7 million after a Mediation and several additional months of settlement negotiations.