Lund v. Milford Hospital, Inc. Dissent

Summary

The dissent agrees that the substitute complaint materially changed the allegations enough to preserve appellate review, but disagrees with the majority's conclusion that the firefighter's rule is limited to premises-liability claims. It would apply the rule to bar the plaintiff's negligence claims because he was injured while performing police duties in response to an emergency involving a dangerous psychiatric patient in the hospital's custody. The dissent therefore would affirm the judgment for the hospital.