Bourquin v. B. Braun Melsungen
In Bourquin v. B. Braun Melsungen, 40 Conn. App. 302, 670 A.2d 1322, cert. denied, 237 Conn. 909, 675 A.2d 456 (1996), the trial court denied the plaintiff's pretrial motion to amend his complaint.
On appeal, the Court reversed the trial court, concluding that the requested amendment did not enlarge the specifications of negligence or inject new facts into the case of which the defendant was unaware, that it was filed promptly after the need for it became apparent and that it would not have delayed the trial so as to prevent the defendant from preparing a defense. Id., at 312-13.
Additionally, the focus of the amendment was to claim that the defendant had failed to heed the warnings on the box in which human tissue had been received and had failed to investigate the significance of those warnings. In Bourquin, we concluded that the significance of those warnings was not such a complex issue as to require expert testimony. Id., at 316.