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Perodeau v. City of Hartford3/26/2002
ajority of states that recognize negligent infliction of emotional distress claims as a general matter apply the same standard to such claims arising in the employment context. We note, however, that, in a majority of these jurisdictions, the standard for claims of negligent infliction of emotional distress is much narrower than the Montinieri standard, requiring the plaintiff to prove some objective element such as physical injury, property damage, presence in the zone of danger or the existence of an independent tort. As is apparent from the large number of cases in which the employee's claim was dismissed for failure to meet the relevant standard, these limitations provide an automatic safeguard against spurious claims in the employment context that Montinieri does not provide. Accordingly, those cases do not affect our conclusion that, for the previously stated policy reasons, the societal costs of allowing claims for negligent infliction of emotional distress in the context of ongoing employment are unacceptably high.
We conclude, therefore, that an individual municipal employee may not be found liable for negligent infliction of emotional distress arising out of conduct occurring within a continuing employment context, as distinguished from conduct occurring in the termination of employment. Accordingly, we answer the second certified question in the negative.
Both certified questions are answered: ''No.''
No costs will be taxed in this court to any party to this action.
In this opinion KATZ and PALMER, Js., concurred.
FIRST CONCURRENCE
SULLIVAN, C. J., concurring in part and dissenting in part.
I concur with parts I and II A of the majority opinion. I respectfully disagree, however, with the majority's conclusion in part II B that individual employees may not be held liable for negligent infliction of emotional distress claims arising in the context of ongoing employment.
The majority, citing '' 'fears of flooding the courts with ''spurious and fraudulent claims''; problems of proof of the damage suffered; exposing [potential defendants] to an endless number of claims; and economic burdens on industry' ''; Clohessy v. Bachelor, 237 Conn. 31, 50, 675 A.2d 852 (1996); concludes that the cause of action recognized by this court in Montinieri v. Southern New England Telephone Co., 175 Conn. 337, 398 A.2d 1180 (1978), is not cognizable in the context of ongoing employment. I would conclude that, for all of these policy reasons, this court's decision in Montinieri, in which we upheld a jury instruction by the trial court that expanded the pre-existing standard for negligent infliction of emotional distress claims to include claims in which the plaintiff has not alleged a resulting bodily injury or illness or a risk of harm from physical impact; id., 345; was misguided. The policy concerns cited by the majority arise in many contexts other than the context of ongoing employment. It is clear to me, for example, that the daily activities of doctors, police officers and teachers are no less chilled by the fear of spurious lawsuits based on Montinieri than the activities of employees in the workplace.
Recognizing, however, that the majority is not disposed to reconsider Montinieri in this case, as I am, I believe that the distinction drawn by the majority between negligent infliction of emotional distress claims involving a termination of employment and claims arising in an ongoing employment context is arbitrary. The majority concludes that the interest of workers in being protected from negligent infliction of emotional distress is outweighed by other public policy considerations. In my view, however
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