Toms v. Calvary Assembly Of God, Inc.

132 A.3d 866 (2016)

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Nature of the Case

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Facts

Toms (P) operates a dairy farm with a herd of approximately 90 head of cattle. A church-sponsored fireworks display took place on property adjacent. A permit to discharge fireworks had been obtained, and the event was supervised by a deputy fire marshal. No misfires or malfunctions took place. The fireworks were so loud that it startled his cattle, and caused a stampede inside his dairy barn. The stampede resulted in the death of four dairy cows, property damage, disposal costs, and lost milk revenue. P sued Calvary Assembly of God, Inc. (D), and Zambelli Fireworks Manufacturing Co. (D). P alleged negligence, nuisance, and strict liability for an abnormally dangerous activity. Ds got the judgment, the Circuit Court affirmed, and P appealed.