Pennsylvania Record

Monday, October 21, 2019

This $2M lawsuit says a man was struck in the face by fireworks and blinded at a Westmoreland Co. party


By Philip Gonzales | Jan 17, 2019

PITTSBURGH — A New York resident is suing Adam Wagner, an Indiana resident, over an alleged fireworks mishap in Westmoreland Co.

Samuel Breslin filed a complaint on Jan. 7 in the U.S. District Court for the Western District of Pennsylvania against Wagner, alleging improper placement and ignition of fireworks.

According to the complaint, the plaintiff alleges that on Jan. 15, 2017, the parties were at a social gathering in Rector. As a result of defendant's alleged carelessness, Breslin was struck by the fireworks in the eye and face. 

He allegedly suffered broken facial bones, permanent loss of sight and was rendered permanently disabled and incapacitated from attending his usual duties and activities for some time. The plaintiff holds Wagner responsible because the defendant allegedly negligently ignited fireworks within close proximity of the residence and upon an uneven and/or frozen ground and while under the influence of alcohol.

The plaintiff requests a trial by jury and seeks compensatory damages in the sum of $2 million and such other just and proper relief. He is represented by Ryan Donovan of Harris, Conway & Donovan in Albany, New York.

The U.S. District Court for the Western District of Pennsylvania Case No. is 2:19-cv-00015-DSC.

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Harris, Conway & Donovan PLLC U.S. District Court for the Western District of Pennsylvania

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