DocketNumber: No. CV 99-0591658S
Citation Numbers: 2003 Conn. Super. Ct. 2848, 34 Conn. L. Rptr. 214
Judges: COHN, JUDGE.
Filed Date: 2/27/2003
Status: Non-Precedential
Modified Date: 4/18/2021
The first set of counts challenged allege that the defendant son should be held liable for civil assault. (Counts 1, 13, 25, and 37). The court grants summary judgment on these counts. Under the common law, a threatening letter or telephone call is not grounds for an action of assault, because it lacks the requisite imminence. See Dickens v.Puryear,
The second set of counts challenged allege that the defendant son falsely imprisoned the plaintiffs. (Counts 3, 15, 27, 39) The court denies summary judgment on these counts. The tort of false imprisonment is satisfied by demonstrating that the defendant restrained the liberty of plaintiff in any respect. This impediment of liberty may occur by the use of words alone. Munsell v. Ideal Food Stores,
The third set of counts challenged allege that the defendant son intentionally inflicted emotional harm on the plaintiffs. (Counts 2, 14, 26, 38). The defendant claims that these counts cannot be proven on this record because there is no showing of "severe" conduct. The plaintiffs have neither alleged nor set forth evidence that they were attended by medical professionals. The affidavits of the plaintiffs indicate that their health was affected, however. This is sufficient to leave the issue of "severity" to the jury. See Brower, supra at 1148 holding that "objective symptomatology" was not required to meet the "severity" element of the tort of intentional infliction of emotional harm. See alsoBrandon v. County of Richardson,
The defendant takes its position that the plaintiffs must have sought medical attention to bring the action for intentional infliction of emotional harm from the case of Reed v. Signode Corp.,
The final set of counts challenged are those against the defendant parents for common-law negligence in improperly supervising their son. (Counts 6, 7, 18, 19, 30, 31, 42, 43). The evidence as developed through affidavits and depositions shows that the parents were aware that their son knew of internet "chat rooms" where threats were made to others. This proof alone does not indicate that the parents knew or should have known that their son would pen a series of threats and mail them by regular mail to the plaintiffs. There was no independent negligence on the part of the defendant parents. Kamiski v. Fairfield,
Based on the foregoing, summary judgment is granted in favor of the defendant son on the assault count and the defendant parents on the negligence counts. It is denied in all other respects.
So ordered. CT Page 2850 Henry S. Cohn