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Ohio appeals court leaves $89,169 fireworks roof award intact
Travelers had sought reimbursement for $1.032 million it paid to replace a school roof after July 4, 2019 fireworks, but the appeals court upheld a damages award limited to $89,169.
An Ohio appeals court has upheld a jury award of $89,169 tied to fireworks damages that led to a school roof replacement claim, according to Insurance Business.
The dispute began after a July 4, 2019 display by American Fireworks Company on the grounds of Willoughby Eastlake City Schools. The school said falling debris damaged a new thermoplastic roof and pursued $1,285,357.57 in repairs, while Travelers, its property insurer, had already paid $1,032,677.15 to replace the membrane and joined the subrogation effort to recover that outlay.
Insurance Business reports the jury found American Fireworks was not negligent, but held it strictly liable under a signed permit application. The jury then set damages at $89,169, concluding that proximate cause, not liability, determined the amount owed.
The appeals court rejected arguments about whether the roof was flawed before any fireworks occurred, noting that evidence pointed to construction defects and patching rather than burn through. It also upheld trial decisions regarding insurance-related proof, including limits tied to additional insured verification and evidence exclusion rules, concluding the mistake was harmless given the jury already rejected full-replacement causation.