Nature of the Case
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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 heavyweight. 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.
Holding and Decision
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Legal Analysis
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