Perodeau v. City of Hartford3/26/2002
rt, Docket No. CV 98582025S, the court had reasoned that, because emotional distress injuries are no longer covered by the act, ''the Supreme Court [of Connecticut] would permit a negligent infliction of emotional distress claim against an employer when no termination is alleged.'' (Internal quotation marks omitted.) Malik v. Carrier Corp., supra, 103-104 n.1. The court in Malik was not required to determine whether such a claim would be allowed, however, because it concluded that, even if the claim were permitted under some circumstances, it would not be permitted under the circumstances of that case, in which the claim arose out of the employer's conduct during a legally mandated investigation into charges of sexual harassment. Id., 106.
In Abate v. Circuit-Wise, Inc., supra, 130 F. Sup. 2d 346-47, the court acknowledged the decision in Malik, but, relying on Parsons, concluded that, as a matter of law, ''a claim for negligent infliction of emotional distress in the employment context arises only when it is based on unreasonable conduct of the defendant in the termination process . . . .'' Id., 346. Because the plaintiff had not been terminated, the court dismissed the claim. In reaching its conclusion, the court in Abate relied on, inter alia, Gomez-Gil v. University of Hartford, 63 F. Sup. 2d 191, 194 (D. Conn. 1999) (granting motion for summary judgment on claim for negligent infliction of emotional distress in employment context because no termination of employment), Williams v. H.N.S. Management Co., 56 F. Sup. 2d 215, 221 (D. Conn. 1999) (same), and White v. Martin, 23 F. Sup. 2d 203, 208 (D. Conn. 1998) (dismissing claim for negligent infliction of emotional distress because no termination of employment), aff'd sub nom. White v. Commission on Human Rights & Opportunities, 198 F.3d 235 (2d Cir. 1999). Abate v. Circuit-Wise, Inc., supra, 346; see also id., 346-47 n.2, citing Ferraro v. Stop &Shop;Supermarket Co., Superior Court, judicial district of New Haven, Docket No. CV 960388031S (May 24, 2000) (concluding that there is no claim for negligent infliction of emotional distress when plaintiff has not been terminated); Dollard v. Board of Education, Superior Court, judicial district of Ansonia-Milford at Milford, Docket No. CV 99067338 (February 2, 2000) (striking claim for negligent infliction of emotional distress where plaintiff did not allege unlawful termination); Rosenberg v. Meriden Housing Authority, Superior Court, judicial district of New Haven, Docket No. CV 950377376 (October 29, 1999) (stating in dicta that negligent infliction of emotional distress claim must arise out of termination); Hart v. Knights of Columbus, Superior Court, judicial district of New Haven, Docket No. CV 980417112S (August 17, 1999) (25 Conn. L. Rptr. 304) (striking claim for negligent infliction of emotional distress where plaintiff did not allege unlawful termination); Drolette v. Harborside Healthcare Corp., Superior Court, judicial district of New Haven, Docket No. CV 990266417 (August 9, 1999) (same); cf. Abate v. Circuit-Wise, Inc., supra, 346-47 n.2, citing Smith v. Hartford, Superior Court, complex litigation docket at Tolland, Docket No. X07 CV 980070792S (July 14, 2000) (concluding that termination is not required to bring claim of negligent infliction of emotional distress); Benson v. Northeast Utilities, Superior Court, judicial district of Hartford, Docket No. CV 9905896997 (January 20, 2000) (same); Martins v. Bridgeport Hospital, Superior Court, judicial district of Fairfield at Bridgeport, Docket No. CV 980356084S (October 6, 1999) (same); Karanda v. Pratt & Whitney Aircraft, supra, Superior Court, Docket No. CV 98582025S (concluding that Connecticut Supreme Court would permit negligent inflictio
Page 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Connecticut Personal Injury Attorneys
Personal Injury Lawyers
|