Two youths' motion to dismiss complaints against them in personal injury case denied
Regis v. Condoleo
Plaintiff Naomi Regis is seeking to recover damages from the defendant youths, Antonio Condoleo, Christian Wright and Donald Schumacher and their parents for injuries she sustained when she was struck in the face by a model rocket while stopped at a stop sign in
The parents of the youths seek summary judgment dismissing the complaints against them holding them responsible for the actions of their children. Since there was no evidence to prove that any of the parents were aware of their sons having violent predispositions nor did any of them supply the defendants with the model rocket engines, sparklers, or lighters, the parents were granted their motions for summary judgment.
In the three youths examinations before trial, different stories were told and some issues of fact exist regarding the exact sequence of events. It is undisputed that Antonio brought the model rocket/firework devices but it is unclear as to who supplied the sparkler and lighter used to light the model rocket engine that injured the plaintiff. Defendants Christian and Donald claim that their only involvement was to supply the sparklers and the lighter and that they had no part in the actual setting off of the model rocket which struck the plaintiff. Whether or not Antonio acted alone in setting off the model rocket using equipment supplied by Christian and Donald or whether the three youths acted in concert is an issue for the trier of fact to resolve.
Accordingly, the Court denied the motions to dismiss the complaints against Defendants Christian and Donald.
