Flores v. Riscomp Industries, Inc. – 3d DCA May 26, 2010

This slip and fall Plaintiff struggled with her Complaint, amending it three times after the initial filing. Nevertheless, through all of the amendments, the substantive factual allegations remained unchanged.  The Third Amended Complaint was filed, however, after the statute of limitations ran on the underlying cause of action and the trial court dismissed the case with prejudice.  On appeal, the Third DCA overturned the dismissal finding that the amended complaint related back to the original pleading, which was timely filed, pursuant to Rule 1.190, Fla. R. Civ. Pro. The Court reiterated that a pleading relates back if “the original pleading gives fair notice of the general fact situation out of which the claim or defense arises.” Citing Kiehl v. Brown, 546 So.2d 18, 19 (Fla. 3d DCA 1989).