1993 Conn. Super. Ct. 5910 | Conn. Super. Ct. | 1993
The defendant has moved for summary judgment, on the grounds a) that one cannot recover for emotional distress for a breach of contract, and b) that the hospital's conduct, even if negligent, does not fall into any of the narrowly outlined situations recognized in Connecticut as supporting a claim for emotional distress.
The defendant is technically correct that one cannot recover for emotional distress merely for a breach of contract. However, a contract may give rise to a duty to use reasonable care to refrain from acting in a manner, in carrying out the contract, that would subject the other party to injury, including emotional CT Page 5911 upset that may lead to injury. This principle was recognized in Urban v. Hartford Gas Co.,
Therefore, the defendant is not entitled to summary judgment on the second count which alleges a breach of duty arising out of a contract between plaintiff and the defendant involving the handling of the body of the stillborn infant.
The defendant suggests, though, that the plaintiff cannot prevail on her first count, in which she alleges negligent infliction of emotional distress, because that cause of action has been narrowly defined in Connecticut and the plaintiff's allegations do not fall into one of the recognized circumstances supporting such a claim. The defendant defines these as either classic bystander emotional distress, or negligent disposal of a corpse or mishandling of human remains, claiming that neither situation is applicable here. The defendant fails to discern that except in the case of bystander emotional distress in medical malpractice cases, see, Maloney v. Conroy,
Both the plaintiffs and the defendant correctly point out that the real issue is one of forseeability, that is, whether the defendant could reasonably have forseen that a breach of any duty it owed to the plaintiff would create the risk of causing distress CT Page 5912 and that such distress might result in illness or bodily harm. Bertozzi v. McCarthy,
In both counts of her complaint, the plaintiff has alleged a set of facts which, if proved, give rise to a duty on the part of the defendant in its conduct toward the plaintiff. Further she has alleged that she has "suffered physical and mental pain and suffering," Count I, paragraph 9, and Count II, para. 10, and that she has incurred expenses to attempt to "cure" her suffering. She has filed an affidavit to this effect in her papers in opposition to summary judgment.
This case, as most cases in which negligence is at issue, "involves a mixed question of fact and law, and requires the trier of fact to determine whether the standard of care was met in a specific situation. . . ." Michaud v. Gurney,
The defendant's motion for summary judgment is denied.
PATTY JENKINS PITTMAN, J.