DocketNumber: No. CV-92-0242688
Citation Numbers: 1994 Conn. Super. Ct. 8586
Judges: STANLEY, J.
Filed Date: 8/24/1994
Status: Non-Precedential
Modified Date: 7/5/2016
"`The movant [for summary judgment] must show it is quite clear what the truth is, and that excludes any real doubt as to the existence of any genuine issue of material fact.'" State v.Goggin,
The gravamen of the defendants' motion is that there is no recognizable cause of action for emotional distress to the plaintiffs caused by the actions of the defendants. A careful examination of the second count reveals that the plaintiffs are CT Page 8587 making a claim for intentional infliction of emotional distress.
The court can find no cases in this state which recognize such a claim of action for the loss of personal property as cats are regarded in the law. Further, the cases indicate that the plaintiffs would have had to witness the incident in order to sustain such a claim.
In the first count, however, the plaintiff seems to make several claims, one of which sounds in conversion. See Count One, paragraph 8 of Plaintiffs' Complaint.
Accordingly, the court grants the motion for summary judgement as to the second count and denies the motion as to the first count.
STANLEY, J.