Case Caption: Nickey Davis v. UHP Projects, INC.Case Number: SCT-CIV-2019-0075Date: 04/07/2021Author: Hodge, Rhys S. Citation: 2021 VI 5Summary: In an action for damages arising from an injury to plaintiff’s foot allegedly incurred while using an ultra-high pressure water blaster, the Superior Court erred when it sua sponte entered judgment in favor of the defendant manufacturer of the water blaster device, apparently based on a misapprehension of its prior opinion in 2015 partially denying summary judgment. The Superior Court also erred when it granted summary judgment on the product defect claim sua sponte – on an issue not raised by the parties, without providing them notice and an opportunity to be heard on that issue. In addition, the Superior Court erred when it denied the plaintiff’s motion to amend his complaint to plead a claim for negligence based on a failure to provide proper protective equipment. Accordingly, the September 6, 2019 judgment is reversed and those portions of the October 28, 2015 and September 6, 2019 Superior Court opinions inconsistent with the present decision of this Court are vacated. The case is remanded with directions that leave to amend the complaint be granted.Attachment: Open Document or Opinion