Patterson v. Szabo Food Service of New York, Inc
In Patterson v. Szabo Food Service of New York, Inc., 14 Conn. App. 178, 540 A.2d 99, cert. denied, 208 Conn. 807, 545 A.2d 1104 (1988), the plaintiff attempted to amend his complaint to reflect additional negligence allegations. The original complaint alleged that the defendant had failed to clean a floor on which the plaintiff fell and sustained injuries. The amended complaint, however, alleged that the defendant created the dangerous condition.
The Court concluded that "the substitute complaint presents a new and different factual situation from that stated in the original complaint and that it therefore states a new and different cause of action." 14 Conn. App. at 183.