PITTSBURGH – A New York man who permanently lost his sight in a fireworks mishap in Westmoreland County three years ago and the Indiana man allegedly responsible have reached a settlement in a Pennsylvania federal court.
On Jan. 13, counsel for plaintiff Samuel Breslin and defendant Adam Wagner filed a mutual stipulation under which the action against Wagner was discontinued with prejudice and without costs to any party as against the other.
A judicial order as to the above resolution was then issued by U.S. District Court Judge David S. Cercone on Jan. 15.
Breslin, of Albany County, N.Y., initially filed a complaint on Jan. 7, 2019, in the U.S. District Court for the Western District of Pennsylvania against Wagner, of Marion County, Ind., alleging improper placement and ignition of fireworks.
According to the complaint, the plaintiff alleged 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 held 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 requested a trial by jury and sought compensatory damages in the sum of $3 million and such other just and proper relief.
On March 15, Wagner and his counsel filed a reply to Breslin’s complaint, charging that he failed to state a claim upon which relief may be granted, that it is barred by the applicable statute of limitations, and that the plaintiff was contributorily negligent to causing his own injuries.
Subsequently, the parties agreed to alternative dispute resolution and mediation – however, no mutually-acceptable resolution was arrived at by August, and the mediator presiding over the case was relieved of his duties.
The settlement was then arrived at earlier in January.
The plaintiff was represented by Ryan Donovan of Harris Conway & Donovan in Albany, N.Y., and Joshua P. Geist of Goodrich & Geist, in Pittsburgh.
The defendant was represented by Brian S. Kane and Claire M. Milinski of Burns White, also in Pittsburgh.
U.S. District Court for the Western District of Pennsylvania case 2:19-cv-00015
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com