Opinion
File No. CV 990422906S.
Action for negligent and intentional infliction of emotional distress; defendant's motion for summary judgment granted; alleged conduct not sufficiently outrageous to warrant relief.
Memorandum filed April 1, 2003.
Memorandum of decision on defendant's motion for summary judgment on plaintiff's action for negligent and intentional infliction of emotional distress. Motion granted.
John R. Williams, for the plaintiff.
Patrick M. Noonan, for the defendant.
The motion for summary judgment now before the court presents the question whether the evidence, viewed in the light most favorable to the plaintiff, establishes the necessary elements of the torts of negligent and intentional infliction of emotional distress. For the reasons briefly discussed, the necessary elements are not established here.
The evidence submitted to the court, viewed in the light most favorable to the plaintiff, establishes that Linda Morrissey, the plaintiff, was employed by Yale University (Yale) as an administrative assistant in the department of epidemiology and public health (department). Yale also employed Carmen Baez as Morrissey's coworker in the department. Yale had knowledge that Baez was addicted to painkillers, discharged her and then rehired her. Yale knew of "tension" between Morrissey, on the one hand, and Baez and Baez' boyfriend, Percy Penn, on the other. Penn occasionally visited Baez at her place of work. On December 4, 1997, Morrissey sent a letter to a supervisor, informing him of two derogatory comments made to her by Penn. On one occasion Penn said, "Boy, did you get fat." On a second occasion, Penn said, "Well, I guess Mrs. Morrissey wouldn't know anything about kids since she doesn't have any; her husband must have been shooting blanks." On January 18, 1999, Baez pointed her finger at the plaintiff and stated, "Sooner or later, I'm going to kick your fucking ass."
On February 17, 1999, Morrissey commenced this action by service of process. She is the sole plaintiff, and Yale is the sole defendant. Her complaint consists of two counts. The first count alleges negligent infliction of emotional distress. The second count alleges intentional infliction of emotional distress.
On November 13, 2002, Yale filed the motion for summary judgment now before the court. The motion was heard on March 31, 2003.
Morrissey's first count, alleging negligent infliction of emotional distress, is precluded by Perodeau v. Hartford, 259 Conn. 729, 792 A.2d 752 (2002). Perodeau holds that liability for the tort of negligent infliction of emotional distress cannot arise "out of conduct occurring within a continuing employment context, as distinguished from conduct occurring in the termination of employment." Id., 762-63. Morrissey's argument that Perodeau is inapplicable to cases involving private employers governed by General Statutes § 31-49, which provides that "[i]t shall be the duty of the master to exercise reasonable care to provide for his servant a reasonably safe place in which to work," is unpersuasive in light of Parsons v. United Technologies Corp., 243 Conn. 66, 78, 88, 700 A.2d 655 (1997), which reviews § 31-49 and nevertheless reaches a holding similar to that of Perodeau.