A woman filed a lawsuit against Broadway at the Beach on Monday, nearly three years after she says she was hit by a firework.
A copy of the lawsuit says Kelly Deffner, who is from Bedford County, Virginia, filed a lawsuit against Broadway at the Beach, Broadway at the Beach Owners Association, Burroughs and Chapin Co., Pyrotecnico Fireworks, and S. Vitale Pyrotechnic Industries.
Deffner, and her lawyers, Patrick W. Carr and Michael P. Bennett of Berry and Carr, P.C. Attorneys in Hilton Head Island, claim in the lawsuit she was hit in the head by a firework “on or about July 21, 2015.”
A portion of the lawsuit says “in anticipation of viewing the fireworks display on July 21, 2015, the plaintiff and her husband searched for and found a viewing place on a portion of decking at the Broadway at the Beach to observe the fireworks display. Soon after the fireworks display commenced, the plaintiff was struck in the head by a firework while at Broadway at the Beach.” Deffner also claims she fell to the ground and suffered injuries after being struck by the firework.
Another part of the lawsuit says “the discharge of fireworks on July 21, 2015 was an unreasonably dangerous condition” and “the hazard of being struck in the head by a firework was not obviously detectable to her [the plaintiff], nor was there any warning provided by the the defendants that spectators in the area were subjected to risk of being struck by fireworks.”
The lawsuit claims Deffner “suffered severe personal injuries and other damages, including some or all of the following: physical injury, medical expenses including physicians, hospital, medicines, rehabilitation expenses and transportation expenses connected with medical treatment, mental anguish and emotional distress, permanent impairment of health, permanent scarring and disfigurement, fear and anxiety, physical pain and suffering, out of pocket expenses, loss of enjoyment of life, loss of income and earning capacity, and alteration of lifestyle.”
The defendants in the lawsuit have 30 days to respond to Deffner’s claims.