Price v. Blaine Kern Artista, Inc.
Nevada Supreme Court
893 P.2d 367 (1995)
Blaine Kern Artista, Inc. (BKA) (defendant) manufactured oversized masks in the form of caricatures resembling celebrities and other famous characters. While wearing a George Bush mask during his job as an entertainer at a casino, Thomas Price (plaintiff) was pushed from behind by an intoxicated patron, causing him to fall to the ground. The heavy weight of the mask strained and injured Price's neck as he fell. Price filed strict products liability and negligence actions against BKA, claiming the mask was defective due to the lack of a safety harness to support his head and neck under the heavy weight. Price also claimed that it was reasonably foreseeable that he could be pushed, resulting in the top-heavy mask causing his injuries. BKA filed a motion for summary judgment, arguing that the push from the intoxicated customer constituted an unforeseeable, superseding cause absolving BKA of liability. The trial court agreed and granted BKA’s motion. Price appealed.
Rule of Law
Holding and Reasoning (Per Curiam)
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