Howell v. Clyde

In Howell v. Clyde, 533 Pa. 151, 620 A.2d 1107 (1993), the defendant's grandfather had made a fireworks cannon. The plaintiff expressed an interest in firing the cannon and went to his house next door to retrieve black powder. The plaintiff held a flashlight while the defendant filled the cannon with powder. The plaintiff stood back while defendant ignited the cannon, which then exploded and injured both of them. The court held that a non-suit in favor of defendant was proper because, as a matter of law, the plaintiff had assumed the risk of injury by voluntarily participating in a dangerous activity, as the ignition of gunpowder is inherently dangerous and might cause injury to oneself or others. A court may determine, as a matter of law, that a defendant owed plaintiff no duty of care where "reasonable minds could not disagree that the plaintiff deliberately and with the awareness of specific risks inherent in the activity nonetheless engaged in the activity that produced his injury." Id. at 162-163, 620 A.2d at 1113.