A lawsuit in which a man alleged he was seriously injured by defective fireworks has been transferred out of the Philadelphia federal court to its Harrisburg counterpart after the district judge examined factors such as where the fireworks were manufactured and sold, where the injury occurred and where witnesses reside.

In Harper v. Sky King Fireworks, U.S. District Judge Curtis Joyner of the Eastern District of Pennsylvania approved defendant Sky King Fireworks' request for a change of venue to the Middle District of Pennsylvania in plaintiff Eric Harper's lawsuit.

Harper claimed that while using a defective reloadable mortar from Sky King, the tube became separated from its base and, as a result, an artillery shell that Harper had loaded into the mortar shot him in the eye, causing serious injury, according to Joyner's July 16 memorandum opinion.

The plaintiffs, New York residents, sued Sky King, which is incorporated in Florida but has its principal place of business in Tioga County. The claims included products liability, negligence, breach of warranty and loss of consortium.

According to the Joyner, the Eastern District could be a proper venue, but an analysis of venue was needed to determine if it was the most convenient.

"Plaintiffs argue that they chose this district for its 'overall convenience and ease of access to New York and Florida,' where many trial witnesses reside, and they assert they would face greater litigation costs should the case be transferred," Joyner said. "However, plaintiffs do not live in this District, and none of the operative facts giving rise to the claim occurred here."

Joyner continued, "Additionally, the mortar was sold in the Middle District of Pennsylvania, the accident and subsequent injury occurred in New York, and the design and manufacture of the alleged defective mortar occurred in jurisdictions outside of Pennsylvania."

Joyner added that all of the events leading up to the accident happened outside of Pennsylvania.

"The alleged defective mortar was designed and manufactured in China, it was sold in the Middle District of Pennsylvania, and it was used and allegedly caused injury in New York. This District has no connection to the particular facts or events giving rise to this action, whereas at least one event giving rise to this action took place in the Middle District," Joyner said.

The judge noted that it would be generally more convenient for the parties to litigate the case in the Middle District. He also said that the public interest is greater served in the Middle District.

"Additionally, jury service is more fairly placed on residents of the Middle District who maintain an interest in resolving disputes that arise from the sale of alleged defective products within their district," Joyner said.

Harper is represented by John Dodig of Feldman Shepherd Wohlgelernter Tanner Weinstock & Dodig, who did not respond to a request for comment. Sky King is represented by Gregory Mallon of Zarwin Baum DeVito Kaplan Schaer Toddy, who declined to comment.