DocketNumber: No. CV01-0455786
Citation Numbers: 2002 Conn. Super. Ct. 14178
Judges: ZOARSKI, JUDGE TRIAL REFEREE.
Filed Date: 11/5/2002
Status: Non-Precedential
Modified Date: 7/5/2016
This Count alleges the defendant Collect America purchased an account from the defendant MBNA which related to a credit card debt which listed the plaintiff as the primary card holder. The plaintiff denies that he ever applied for, received or used the credit card. The plaintiff further alleges the defendant has commenced the debt collection by sending notice of the debt to the plaintiff, and that they have improperly called him on the telephone. As a result of these acts the plaintiff claims his credit reputation has been damaged, and that he also suffered embarrassment, harassment, humiliation, loss of self worth, emotional anguish and distress.
The objection to the motion filed by the plaintiff argues that the Second Count clearly and sufficiently alleges a cause of action for intentional infliction of emotional distress. The plaintiff relies upon the case of Payton v. Ellis,
The allegations of the Second Count do not allege the conduct of Collect America was "extreme and dangerous." The plaintiff has failed to allege the necessary allegations for an action for intentional infliction of emotional distress. CT Page 14179
For the foregoing reasons the Motion to Strike is granted.
___________________ Howard F. Zoarski Judge Trial Referee CT Page 14180