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Ryll v. Columbus Fireworks Display Company6/19/2002
Fireworks - Negligence - Liability of city sponsoring fireworks display when spectator is killed after being hit by exploding firework shell - City not immune under theory of sovereign community under R.C. Chapter 2744 or R.C. 1533.18 - Sponsoring a fireworks display is a proprietary function.
Submitted October 30, 2001
. Appellant Deborah Ryll, administrator of the estate of Daniel Ryll, brought suit against appellees, including the city of Reynoldsburg and Truro Township, for the wrongful death of her husband, Daniel Ryll. Mr. Ryll was killed when shrapnel from an exploding firework shell hit him during the July 4, 1996 Reynoldsburg fireworks display.
. Reynoldsburg held its annual fireworks display in Huber Park. Truro Township, the entity responsible for fire protection in Reynoldsburg, was required by R.C. 3743.54(C) to inspect the site prior to granting a permit for the fireworks discharge setup and was authorized to inspect the premises immediately prior to the exhibition. An employee of Truro Township conducted an inspection on July 3, 1996, to ensure that the spectator area was the proper distance from the fireworks discharge area. The inspector did not determine the types of shells to be used in the fireworks display or detect that the shells had not been buried according to the National Fire Protection Association ("NFPA") standards. The NFPA standards, which were adopted pursuant to R.C. 3743.53(B), require shells to be buried at a depth of at least two-thirds of their length. No Truro Township Fire Department employee inspected the site after the installation of the fireworks display.
. On July 4, 1996, prior to the start of the fireworks display, Reynoldsburg used caution tape to designate the spectator safety area. In determining the distance from the discharge at which the tape should be placed, Reynoldsburg did not consult the licensed fireworks shooter about the angulation or the placement of the fireworks. Some spectators were as close as six hundred sixty feet from the discharge area. According to NFPA standards, when vertical twelve-inch shells are to be used in the display, the safety area should be no closer than eight hundred forty feet from the discharge area.
. During the July 4, 1996 fireworks display, a twelve-inch shell exploded inside its mortar tube. A piece of shrapnel from the explosion struck Mr. Ryll, who was sitting with his family in the designated spectator safety area, approximately six hundred sixty feet from the discharge area. Mr. Ryll died from the resulting injuries.
. Reynoldsburg and Truro Township each filed separate motions for summary judgment in the trial court, both claiming sovereign immunity. While the motions were pending, appellant reached a settlement agreement with Reynoldsburg and Truro Township that was contingent on the rulings on the motions for summary judgment. Reynoldsburg agreed to pay $100,000 to appellant if its motion was granted and to pay $750,000 if its motion was denied. Truro Township agreed to pay $100,000 to appellant if its motion was granted and to pay $600,000 if its motion was denied. The trial court denied both summary judgment motions.
. Reynoldsburg and Truro Township appealed. On September 5, 2000, the appellate court reversed the trial court, holding that Reynoldsburg was immune from liability pursuant to R.C. 1533.181. It also found that Truro Township was not liable for activities in Huber Park because the park is located in Reynoldsburg. Accordingly, the court granted summary judgment to both Reynoldsburg and Truro Township. Appellant's motion for reconsideration was denied by the court of appeals on October 24, 2000. Although the c
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