Daw v. Home Depot, Inc.

The issue in this products liability case is whether the trial court erred in not allowing plaintiff, on the morning a summary judgment hearing was scheduled, to amend his petition to allege that Home Depot, Inc. (defendant), the retailer, knew or should, have known that the product it sold to plaintiff was defective and to add a new defendant, Artform Industries, Inc., the designer/manufacturer, to the suit. The trial *152court orally granted the motion for summary judgment but had not signed a judgment to that effect when it refused to permit the amendment. The question is: was this an abuse of…