BRUCE AND MARY ANN MONTAGAZZI, INDIVIDUALLY AND AS PARENTS AND NATURAL GUARDIANS OF MATTHEW MONTAGAZZI, A MINOR v. NICHOLAS CRISCI, A MINOR,

BRUCE AND MARY ANN MONTAGAZZI, INDIVIDUALLY AND AS PARENTS AND NATURAL GUARDIANS OF MATTHEW MONTAGAZZI, A MINOR v. NICHOLAS CRISCI, A MINOR, BY AND THROUGH JENNIFER CRISCI, HIS GUARDIAN AD LITEM; BRYAN BACHMAN, A MINOR; RYAN DERBAUM, A MINOR, BY AND THROUGH SHELLY DERBAUM, HIS GUARDIAN AD LITEM; AND JIMMY JOE PRATTE, A MINOR BY AND THROUGH JAMES PRATTE, HIS GUARDIAN AD LITEM No. 1055 WDA 2009 2010 PA Super 78 Atlantic: n/a Filed: 4/30/2010
	Appeal from the Order Entered May 29, 2009 In the Court of Common Pleas of Beaver County Civil Division at No. 11367-2007
Before: BENDER, PANELLA and OTT, JJ.
Opinion by: BENDER, J.
Bruce and Mary Ann Montagazzi, Individually and as the Parents and Natural Guardians of Matthew Montagazzi, a Minor, appeal the trial court’s order granting summary judgment in favor of all defendants on claims that they were negligent in failing to warn or prevent Matthew Montagazzi from lighting the fuse of an improvised explosive device that he and the minor defendants created. Detonation of the device amputated portions of several fingers on Matthew’s right hand. The trial court concluded that the minor defendants owed Matthew no duty and, in the alternative, found that Matthew had assumed the risk of injury as a matter of law. We concur in the trial court’s assessment and, accordingly, we affirm the entry of summary judgment in favor of all defendants.

-----------------------------------------------------Want 50 state & federal case law? - click here