A Vermont woman who was hurt trying to protect her daughter from a malfunctioning July 4 fireworks display can continue her negligence lawsuit, a New York appeals court ruled.
As reported in Courthouse News, Lisa Evarts and her family were attending a fireworks show in Ticonderoga, N.Y. in 2008. The show featured over 1,000 fireworks. A half-hour into the show, one of the shells malfunctioned and blew up inside the mortar. The explosion caused a second mortar to become dislodged, and a third mortar was fired into the crowd. It struck a spectator’s cooler and exploded.
Evarts tried to shield her daughter and her daughter’s friend, but her right hand slipped on the grass, and she felt a “pop.” She suffered a torn ligament, which required surgery.