Lund v. Milford Hospital, Inc.

Summary

The court held that the substitute complaint materially changed the allegations enough to address the defect identified in the original complaint, preserving the plaintiff's right to appellate review. It further held that the firefighter's rule does not bar negligence claims alleging ordinary negligence rather than premises liability, so the substitute complaint stated a valid cause of action. The judgment for the defendant was reversed and the case was remanded for further proceedings.