Thompson v. Ginkel

OPINION BY

DONOHUE, J.:

Appellant, Robert J. Thompson (“Thompson”), appeals from the trial court’s order granting summary judgment in favor of Appellee, Eugene P. Ginkel (“Ginkel”). For the reasons that follow, we reverse the trial court’s order and remand the case for trial.

On June 26, 2008, Ginkel served as the lead technician for a fireworks display consisting of two parts, a main event and a grand finale. For the main event, a rack of ten 3" diameter mortar tubes were loaded with 10 shells, with Ginkel lighting one fuse every thirty to forty seconds. As they were fired, another individual,…