PRICE V. BLAINE KERN ARTISTA, INC. 893 P.2d 367 (1995) CASE BRIEF

PRICE V. BLAINE KERN ARTISTA, INC.
893 P.2d 367 (1995)
NATURE OF THE CASE: Price (P) sued Blaine (D) for injuries that occurred when he fell while wearing D's product. The trial court entered summary judgment against P and P appealed.
FACTS: D manufactures oversized masks in the form of caricatures resembling various celebrities and characters. The caricature mask covers the entire head of the wearer. P got one of D's makes of George Bush. P wore it during employment as an entertainer at Harrah's Club in Reno. P was injured by the mask and sued D claiming it was defective due to the absence of a safety harness to support his head and neck under the heavy weight. The injury occurred when a Harrah's patron pushed him from behind, causing the weight of the caricature mask to strain and injure his neck as he fell to the ground. D moved for summary judgment. The trial court ruled the push an unforeseeable superseding cause absolving D of liability and gave D summary judgment. P appealed.

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