This section contains the nature of the case and procedural background.

Klien and another (Ps) were injured when an aerial shell at a public fireworks exhibition went astray and exploded near them. D is a general contractor for aerial fireworks at public fireworks displays. D contracted to procure fireworks, to provide pyrotechnic operators, and to display the fireworks at the Western Washington State Fairgrounds in Puyallup, Washington, on July 4, 1987. D purchased a $1 million insurance policy prior to the fireworks show as was required by law. The policy provided $1 million coverage for each occurrence of bodily injury or property damage liability. Ps also allege that D failed to properly bury the mortar tubes prior to detonation, failed to provide a diagram of the display and surrounding environment to the local government, failed to provide crowd control monitors, and failed to keep the invitees at the mandated safe distance. The accident occurred when one of the 5-inch mortars was knocked into a horizontal position. From this position, an aerial shell inside was ignited and discharged. The shell flew 500 feet in a trajectory parallel to the earth and exploded near the crowd of onlookers. Ps sued under theories of products liability and strict liability. D filed a motion for summary judgment, which the trial court granted as to the products liability claim. It denied summary judgment for Ps' strict liability claim. The court then ordered a partial summary judgment for Ps on the issue of liability. D appealed.

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