Products Liability Law Reporter

As Nicholas Slentz, 30, was igniting fireworks by a lake, he reportedly noticed that one of the fireworks had failed to lift into the air. He ran over to it, picked it up, and attempted to throw it into the lake. The firework exploded, causing him to suffer an ulnar fracture and ulnar loss. He required partial fibula harvesting for transplantation into his arm.

Slentz filed suit against P & P Imports, Inc., and G.P. Enterprise, Inc., alleging the defendants had imported a defective and illegal firework. Slentz asserted that the firework at issue was a banned hazardous substance and a forbidden explosive under federal and state law, including the Consumer Product Safety Act, 15 U.S.C. §2051, and the Michigan Fireworks Safety Act, Mich. Comp. Laws §28.452(f), which mandates compliance with Consumer Product Safety Commission regulations and the American Pyrotechnics Association standards. The plaintiff claimed undisclosed past medical expenses and lost income. The defense argued that the plaintiff had been comparatively negligent and cited his blood alcohol level as a causative factor.

The trial court ruled that there existed a genuine issue of material fact regarding the defendants’ gross negligence, which, if established at trial, would have precluded application of the state’s products liability noneconomic damages cap.

The parties settled before trial for $2 million.

Citation: Slentz v. P & P Imports, Inc., Undisclosed Dkt. No. (Mich. Cir. Ct. Kent Cty. July 15, 2020).

Plaintiff counsel: Matthew L. Wikander and Charissa C. Huang, both of Grand Rapids, Mich.

Plaintiff expert: Charles P. Weeth, fireworks and pyrotechnics, La Crosse, Wis.