Daniel P. Howell v. Theodore Clyde and Pamela Clyde

Daniel Howell was attending a party at his neighbors house and was injured when a fireworks cannon owned by the host-neighbors exploded. Howell then sued the neighbors, Theodore and Pamela Clyde, for damages associated with his injuries. The Court of Common Pleas of Clearfield County entered an involuntary non-suit at the close of plaintiffs evidence, holding that Howell had assumed the risk of injury and was, therefore, barred from recovery. On appeal, Superior Court reversed and remanded for a new trial, holding that the trial court could have granted the non-suit only if Howells evidence failed to demonstrate that the Clydes breached a duty which they owed to Howell. Further, Superior Court stated that a non-suit could not be granted on the basis of assumption of risk because the evidence did not show that Howell knew of the existence of the specific risk he was alleged to have taken.