Supreme Pork, Inc. v. Master Blaster, Inc.

764 N.W.2d 474 (S.D. 2009)

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Nature of the Case

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Facts

A small fire broke out in the pressure washer room of P's pig farrowing facility. P contracted with D to add and install a second power washer with a new venting system and chimney installed. D recommended Pipestone Plumbing and Heating (PP&H) for the venting and chimney work. PP&H provided a price quote to D. D included the price of PP&H's quote in D's quote. On March 21, 2002, a second fire ignited above the ceiling of the pressure washer room, near the exhaust chimney. P sued D. The trial court permitted testimony regarding: an expert's pretrial preparations made after his deposition; the existence of non-causal building code violations in the chimney installation; the power washer manufacturer's recommendation that a more insulated type of chimney be used; a different fire in 1999 which resulted from PP&H's installation work; and, a theory of ignition called 'pyrolysis.' Both parties concede that PP&H was an independent contractor. P failed to install attic shields which was a direct cause of the fire and also and also failed to meet code requirements for other parts of the work which were not the cause of the fire. D wanted to exclude the evidence of the code violations as they had not caused the fire and to exclude evidence of another fire caused by PP&H's work caused by a different issue. The court denied the requests. D was found liable and appealed.