RAELINGS v. Andersen

I would reverse and remand this case for a new trial. The record reveals that at the close of all the evidence, a conference was had between the court and counsel for the parties at which the following occurred: “MR. SCHREMPP: Comes now the plaintiff and at the close *698of all of the evidence moves the Court for an Order allowing plaintiff to amend his Petition to allege that the defendant under the present state of the evidence — that there is evidence of the fact that the defendant was operating her vehicle on the wrong side of the street, and further requests the Court that on the allowance…