Super. Ct. Sept. 27, 2013) (emphasis omitted) (quoting Holliday v. Ludgin, 2009 WL 3838915, at *3 (Conn. Super. Ct. Oct. 16, 2009)); accord Deutsche Bank v. Lichtenfels, 2009 WL 2230937, at *23 (Conn. Super. Ct. June 17, 2009). The Connecticut Supreme Court has also clarified that the "injury"—or "actionable harm"—may "occur when the plaintiff has knowledge of facts that would put a reasonable person on notice of the nature and extent of an injury, and that the injury was caused by the negligent conduct of another," and that "the harm complained of need not have reached its fullest manifestation in order for the limitation period to begin to run."
b. The Tanasis' Ascertainable Loss under CUTPA Defendants further argue that the Tanasis' emotional distress damages are not recoverable under CUTPA. Def.'s Supp. Briefing (citing Rodrigues , 2009 WL 3710688 at *10 and Deutsche Bank v. Lichtenfels , 2009 WL 2230937 at *1–*3 (Conn. Super. June 17, 2009) ). The Tanasis respond that emotional distress damages are available under CUTPA once a plaintiff satisfies the threshold "ascertainable loss" inquiry. Pl.'s Supp. Briefing, 1. The Court agrees with the Defendants, but notes that the Tanasis have satisfied CUTPA's "ascertainable loss" requirement by claiming other damages.
Courts in all of these states have held that their unfair practices statutes do not provide a remedy for personal injuries. See Deutsche Bank v. Lichtenfels, 2009 WL 2230937, at *1-*3 (Conn. Super. Ct. June 17, 2009); Bartner v. Carter, 405 A.2d 194, 202-03 (Me. 1979); Gross-Haentjens v. Leckenby, 589 P.2d 1209, 1210 (Or. 1979); Kirksey v. Overton Pub, Inc., 804 S.W.2d 68, 73 (Tenn. Ct. App. 1990); Beerman v. Toro Mfg. Corp., 615 P.2d 749, 754-55 (Haw. Ct. App. 1980); Ambach v. French, 216 P.3d 405, 408-09 (Wash. 2009); see also Blowers v. Eli Lilly & Co., 100 F. Supp. 2d 1265, 1267-70 (D. Haw. 2000) (finding post-Beerman amendments to Hawaii's unfair practices statute did not extend the law to personal injury claims); Birdsong v. Eli Lilly & Co., 2011 WL 1259650, at *2-*3 (M.D. Tenn. 2011) (construing Kirksey's holding that Tennessee statute does not apply to wrongful death claims as prohibiting personal injury claims). The unfair practices statutes of Kentucky, Missouri, and Pennsylvania, also include "loss of money or property" language identical to that of New Mexico's UPA.