Fabbiano v. Demings

The issue in this personal injury case is whether the trial court erred in denying Appellant’s motion to amend his complaint to change his legal theory of recovery from negligence to battery after the statute of limitations had expired on the battery claim. Although the battery claim was based upon the identical operative facts as the negligence claim, the lower court de*894nied the amendment because the amended complaint was premised on a different “cause of action.” We conclude that the proposed amendment should have been permitted because the amended complaint was based upon the same conduct,…