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All Jurisprudence based

0 tracked cards Criminal Law

In a city-sponsored parade, a licensed pyrotechnician employed by the event organizer ignites a display near a crowded area. A misfire injures a bystander, B. The pyrotechnician is later granted presidential amnesty, exempting him from criminal liability for the act. B's heirs file a civil action for damages arising from the same act. (a) Is the pyrotechnician civilly liable for damages despite the amnesty? (b) If civil liability exists, what damages are recoverable and against whom? (c) How may the plaintiff enforce this civil liability if the pyrotechnician has limited or no funds to pay?

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Yes; damages are only moral damages and not actual or exemplary damages. Yes; the event organizer may be primarily liable under vicarious liability for damages caused by its employee within the scope of employment; recoveries may be sought against the organizer's assets. Yes; damages may be recovered from the pyrotechnician’s insurer to the extent of the policy, if any. Yes; civil liability exists; recoverable damages are actual damages, moral damages, and exemplary damages; against the offender; if he has limited funds, enforcement may be directed at his estate or heirs to the extent of property.

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