Tilschner v. Spangler

Justice Hutchinson concurred in the judgment and opinion.

Justice Hudson specially concurred, with opinion.

OPINION

Plaintiff, Patricia Tilschner, appeals from the trial court’s orders dismissing count II of her third-amended complaint and denying her motion to reconsider. Patricia claims on appeal that the trial court erred in concluding that this State has not adopted section 318 of the Restatement (Second) of Torts (1965).1 We affirm.

Patricia was injured during a party at the home of defendant Lowell Spangler when defendant Ralph Ruppel ignited fireworks. Patricia’s third amended complaint…