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Zittrain Torts Playlist Spring 2013

James Barker, as Guardian ad Litem of George Barker, an Infant, Appellant, et al., Plaintiffs, v. Abdullah Kallash et al., Defendants, and Daniel Melucci, Sr., and Another, as Guardians ad Litems of Daniel Melucci, Jr., et al., Respondents.

Headnote

If the plaintiff’s injury arises out of unlawful conduct, should the courts bar the plaintiff from recovery? Plaintiff was injured while making pipe bombs with the defendants. The trial court granted a motion for summary judgment, holding that plaintiff’s participation in bomb-making was wrongful conduct that cannot support a claim for negligence. The appellate court affirmed.