McKey v. Fairbairn

Littlejohn, whose estate was represented by administratrix McKey (plaintiff), sued her landlord (represented by Fairbairn (defendant)) after slipping on a floor made wet by a leaking roof. Although Littlejohn's counsel confirmed at the pretrial conference that the claim was ordinary negligence, at trial he moved to amend the pretrial order to introduce housing regulations requiring landlords to maintain roofs against leaks; the trial judge denied the motion and directed a verdict for the landlord.