Page v. Smith-Gates Corp.

During the summer of 1975, plaintiff Ronald Page installed heating tape on the water pipes in his trailer in an effort to prevent the pipes from freezing during the winter months. In December of 1975, a short circuit occurred in the heat tape wires and a fire ensued causing $9,000 worth of damage to plaintiffs’ trailer. Plaintiffs brought a complaint sounding in negligence and breach of warranty against defendant, the manufacturer of the tape. At the close of the evidence, and over defendant’s objection, the trial court allowed plaintiffs orally to amend their complaint to include a claim of…