Omstead v. Brader Heaters Inc‪.‬

This is a case involving five consolidated causes of action which arose when damages totaling approximately $374,749.62, were alleged to have been sustained by the plaintiff orchardists due to the failure of their new orchard heating systems, which were purchased from the defendant (respondent), Brader Heaters, Inc., a Washington corporation. The plaintiffs claim that the failure, resulting in a crop loss by frost, was caused by defective polyvinyl chloride (PVC) pipe alleged to have been defectively manufactured by the defendant (petitioner), Kubota Iron and Machinery Works, Ltd. (a Japanese corporation hereafter referred to as Kubota). The pleadings also allege negligent misrepresentations by the defendants, negligence in the manufacture and sale of the Kubota PVC pipe and the orchard heating system, and breach of an implied warranty.