Toms v. Calvary Assembly of God, Inc., 132 A.3d 866

Toms operates a 69-acre Frederick County dairy farm with about 90 cows.
A church-sponsored fireworks display occurred on adjacent Auburn Farms property on Sept. 9, 2012.
Fireworks were permitted and supervised; no misfires or malfunctions occurred.
Toms alleged damages to livestock and property from a stampede caused by the noise.
District Court ruled for respondents after bench trial; Circuit Court affirmed; certiorari granted to address strict liability for abnormally dangerous activity.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether noise from fireworks is abnormally dangerous.	Toms argues factors weigh in favor of strict liability.	Calvary/Zambelli contend lawful display with permits reduces risk; no abnormally dangerous activity.	No; lawful fireworks displays are not abnormally dangerous.

Yommer v. McKenzie, 255 Md. 220 (Md. 1969) (multifactor test for abnormally dangerous activities; locale matters)
Toy v. Atl. Gulf & Pac. Co., 176 Md. 197 (Md. 1939) (early strict liability; limits and fault discussed)
Kelley v. R.G. Indus., Inc., 304 Md. 124 (Md. 1985) (six-factor test; emphasis on locale)
Kirby v. Hylton, 51 Md. App. 365 (Md. App. 1982) (importance of location in abnormally dangerous analysis)
Gallagher v. H.V. Pierhomes, LLC, 182 Md. App. 94 (Md. App. 2008) (pile driving not abnormally dangerous; common usage and care)
Rosenblatt v. Exxon Co., U.S.A., 335 Md. 58 (Md. 1994) (evolution of strict liability; proximity and control factors)
Haddon v. Lotito, 161 A.2d 160 (Pa. 1960) (public fireworks display not inherently dangerous when properly supervised)
Cadena v. Chicago Fireworks Mfg. Co., 697 N.E.2d 802 (Ill. App. Ct. 1998) (restatement factors; danger weighed against common usage)
Litzmann v. Humboldt Cty., 273 P.2d 82 (Cal. Dist. Ct. App. 1954) (fireworks-related injury not abnormally dangerous where precautions exist)