Showing posts with label amputation. Show all posts
Showing posts with label amputation. Show all posts

Friday, April 30, 2010

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.
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Monday, April 26, 2010

DIANE BLACK v. LABOR READY, INC., WILLIAMSPORT STEEL CONTAINER CORP. and RHEEM MANUFACTURING COMPANY, INC.

DIANE BLACK v. LABOR READY, INC., WILLIAMSPORT STEEL CONTAINER CORP. and RHEEM MANUFACTURING COMPANY, INC.
No. 312 MDA 2009 2010 PA Super 72 Atlantic: n/a Filed: 4/26/2010

Appeal from the Order of February 9, 2009,
in the Court of Common Pleas of Lycoming County,
Civil Division at No. 06-01679
Before: FORD ELLIOTT, P.J., FREEDBERG and COLVILLE, JJ.
Opinion by: COLVILLE, J.
This is an appeal from an order granting summary judgment. More specifically, Appellant challenges the trial court’s decision to grant Appellee Williamsport Steel Container Corporation’s (“Appellee”) motion for summary judgment. We vacate the judgment and reverse the order granting summary judgment in favor of Appellee.
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