Roberts / Robinson / Cabello v. All Star Fireworks, Inc., et al.

Summary Judgment Ruling for Product Manufacturer


We obtained summary judgment on behalf of MJG Technologies, an electric match manufacturer, in three related product liability cases. The cases arose out of an August 18, 2005 explosion at a fireworks plant in Crestline, Kansas. The explosion occurred while pyrotechnic products were being transferred from a storage bunker to a trailer bound for a fireworks display in St. Louis, Missouri. Plaintiffs claimed their decedents sustained severe injuries and death from burns sustained in the explosion, and sought to recover punitive damages. In addition to the entities responsible for the storage, loading and transport of the pyrotechnic products, the plaintiffs filed suit against four electric match manufacturers, including MJG. Plaintiffs alleged that the electric matches were unreasonably dangerous, thermally unstable and insufficiently secured such that significant movement could occur thereby causing the explosion. We successfully argued that plaintiffs could not establish product identification because they could not prove which pyrotechnic product was the source of the explosion. Plaintiffs argued for the adoption of §433B(3) of The Restatement (Second) of Torts. The Court rejected this argument and granted summary judgment in favor of the product manufacturer.

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Reference Info:Decision | | United States

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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