Smith v. Fireworks by Girone, Inc.

The opinion of the court was delivered by

WECKER, J.A.D.

This appeal is before us on remand from the Supreme Court. Smith v. Fireworks by Girone, Inc., 182 N.J. 138, 861 A.2d 843 (2004). It arises from interrelated disputes regarding (1) the proper source of payment for a judgment against a municipality and in favor of a child injured after a fireworks display, and (2) the viability of a pretrial settlement between the injured child and the fireworks exhibitor and its insurer. We now reverse an order vacating the settlement, and we hold that the exhibitor’s insurer is also responsible, in its…