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Rothstein v. Orange Grove Center5/25/2000
sa Gayle Rothstein and plaintiffs suffered injuries which would not otherwise have occurred." The allegations placed Orange Grove on notice that plaintiffs were alleging that its employees were negligent, and that the negligent claim arose out of the same conduct, transaction and occurrence that is the gravamen of the original Complaint.
Viewing the evidence in the light most favorable to the plaintiffs on this issue as is required on Motion for Directed Verdict, it is apparent that non-medical Orange Grove employees were involved in the chain of events which led to Lisa's death.
For the foregoing reasons, we affirm the judgment of the Trial Court and remand with the cost of the appeal assessed one-half to plaintiffs and one-half to defendants.
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