Injured man sues firework manufacturer claiming failure to adequately warn of danger
NEW ORLEANS - After injuring his hand, an Assumption Parish man has filed a lawsuit against a firework manufacturer claiming that the fireworks were not worth the risk associated with use.
John Robert Tye and Ashley Lynn Bonvillain Tye, individually and on behalf of their minor children, filed suit against Jake's Fireworks Inc. on Aug. 31 in federal court in New Orleans.
According to the lawsuit, John Tye used the defendant's Goliath fireworks on July 1, 2012 and suffered injuries to his hand.
The defendant is accused of violating the Louisiana Products Liability Act and breach of warranty.
Tye argues that the defendant failed to provide adequate warnings regarding the hazards associated with the use of Goliath fireworks and that the risk associated with the use of Goliath fireworks far outweighed the utility derived from using the firework.
The lawsuit is seeking an award of damages for physical pain and suffering, mental and emotional pain, permanent disability, suffering, fear, anguish, all expenses and all losses, medical expenses, lost wages, loss of earning capacity, medical monitoring expenses, loss of consortium, interest, and court costs.
The plaintiffs are requested by Houma attorneys Michael J. Samanie and Stephen S. Stipelcovich. A jury trial is requested.
U.S. District Judge Carl J. Barbier is assigned to the case. A jury trial is requested.
Case No. 2:12-cv-02179