DocketNumber: No. 356333
Citation Numbers: 1994 Conn. Super. Ct. 5128
Judges: FRACASSE, JUDGE.
Filed Date: 5/13/1994
Status: Non-Precedential
Modified Date: 7/5/2016
On March 22, 1994 the plaintiffs, Shartarra Penn, the estates of Jiqwuane Penn and Christie Lance, Jr. by administratrix Shartarra Penn, and Schandrea Penn, a minor, by her mother and next friend Hyacinth Penn, filed a nine count amended complaint against the defendant, New Haven Housing Authority. The first, second, third and seventh counts on behalf of Shartarra Penn allege negligence, loss of consortium, bystander emotional distress and negligence per se. The fourth and eighth count, on behalf of the estate of Jiqwuane Penn, and the fifth and ninth count on behalf of the estate of Christie Lance, Jr., allege wrongful death under General Statutes §
This action arises out of a fire which occurred on May 22, 1993, in the home of the plaintiff Shartarra Penn (mother) where she was present with her two children Jiqwuane Penn, and Christie Lance Jr., (children) and her visiting sister, Schandrea Penn (aunt). The allegations of the complaint state that the two children died in the fire, the mother was severely injured and the aunt suffered emotional distress.
On March 31, 1994, the defendant filed a motion to strike three counts of the plaintiff's complaint: the second count alleging loss of filial consortium, and the third and sixth counts alleging bystander emotional distress.
The purpose of a motion to strike is to test the legal sufficiency of a pleading. Ferryman v. Groton,
The plaintiffs argue in their memorandum in opposition to the motion to strike that a claim for loss of filial consortium is an emerging cause of action in Connecticut and the most recent superior court decisions recognize it. The plaintiffs argue that Article
Additionally, the plaintiffs argue that Connecticut recognizes a claim for bystander emotional distress if the Dillon v. Legg,
The defendant argues in its memorandum of law in support of its motion to strike that Connecticut does not recognize a cause of action based on either loss of filial consortium or bystander emotional distress.
This court agrees with the claims of the defendant. Connecticut does not recognize a cause of action based on bystander emotional distress. Strazza v. McKittrick,
Nor does Connecticut recognize a cause of action based a loss of filial consortium. Taylor v. Keefe,
Accordingly, the motion to strike is granted.
Ronald J. Fracasse, Judge CT Page 5130