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Civil Procedure Keyed to Yeazell
McKey v. Fairbairn
Facts
Levi McKey rented a dwelling house from Kenneth Fairbairn, the agent for the Appellees, Euphemia L. Haynes and others (Appellees), on a month-to-month basis beginning in January 1958. Agnes Littlejohn, McKey’s mother-in-law, occupied a bedroom and other space on the second floor. In February 1958, Ms. Littlejohn noticed moisture on the floor of her bedroom, which she reported to the Appellees. Appellees agreed to eliminate the cause of the dampness. One week later, as the result of an all-night rain, Ms. Littlejohn’s floor became wet. She later slipped on the wet floor and fell, sustaining injuries. In April 1959, Ms. Littlejohn brought suit o recover damages from Appellees. She died in 1960, and the Appellant, Helen McKey (Appellant), her administratrix, was substituted as Appellant. Following the District Judge’s denial of Appellant’s motion to amend the pretrial order, which would have altered Appellant’s complaint so as to change her theory of the case, the district judge directed a verdict for Appellees.
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