Sandza v. City of Des Peres

SMITH, Presiding Judge.

Defendant, City of Des Peres, appeals from the order of the trial court awarding plaintiff a new trial on the basis of instructional error. We reverse.

Plaintiff, then 14, lost portions of three fingers when a Class B commercial fireworks device with which he was playing exploded. The incident occurred in a city park in Des Peres, and the plaintiff found the device in the park on the day of the explosion, August 24, 1984. On July 7, 1984, Sunset Fireworks, Ltd. pursuant to contract with and on behalf of the City, conducted a fireworks display. Plaintiff sued both Sunset…