Mendillo v. Board of Education, No. 70411 S (Apr. 13, 1994)

Connecticut Superior Court

Mendillo v. Board of Education, No. 70411 S (Apr. 13, 1994)

1994 Conn. Super. Ct. 3632

CourtConnecticut Superior Court

DecidedApril 13, 1994

DocketNo. 70411 S

StatusUnpublished

This text of 1994 Conn. Super. Ct. 3632 (Mendillo v. Board of Education, No. 70411 S (Apr. 13, 1994)) is published on Counsel Stack Legal Research, covering Connecticut Superior Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Mendillo v. Board of Education, No. 70411 S (Apr. 13, 1994), 1994 Conn. Super. Ct. 3632 (Colo. Ct. App. 1994).

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Opinion

[EDITOR'S NOTE: This case is unpublished as indicated by the issuing court.] ORDER (#109) After hearing held on defendants' motion to strike, it is hereby Ordered:

As to Counts 6, 8, 12, 14 and 18 of the complaint, granted by agreement; as to Counts 13, 15, 16 and 17 of the complaint, granted (see Crocco v. Lieb, 6 Conn. L. Rptr. 426 (1992), citing Zlotoff v. Perugini appended); as to Counts 7, 9, 10 and 11, granted for the following reasons:

"[E]ither spouse has a claim for loss of consortium shown to arise from a personal injury to the other spouse caused by the negligence of a third person. . . ." Hopson v. St. Mary's Hospital,176 Conn. 485, 496 (1979) (underlining added). Emotional distress or mental anguish has been held to be a type of personal injury. Kilduff v. Adams, Inc., 219 Conn. 314, 337 (1991). While the instant cause of action is not founded on negligence, recognition of a tort claim for wrongful discharge finds support in our law. Sheets v. Teddy's Frosted Foods, Inc., 179 Conn. 471,480 (1980). In the view of this court, there seems no sound reason why a claim for loss of consortium should be denied in the face of such tortious misconduct, as alleged, notwithstanding the absence of a negligence connector. Cf. Krosky v. Bushnell Towers Condo, 7 CSCR 1257, 1258 (1992).

GAFFNEY, J. CT Page 3633

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[EDITOR'S NOTE: This case is unpublished as indicated by the issuing court.] ORDER (#109) After hearing held on defendants' motion to strike, it is hereby Ordered:

As to Counts 6, 8, 12, 14 and 18 of the complaint, granted by agreement; as to Counts 13, 15, 16 and 17 of the complaint, granted (see Crocco v. Lieb, 6 Conn. L. Rptr. 426 (1992), citing Zlotoff v. Perugini appended); as to Counts 7, 9, 10 and 11, granted for the following reasons:

"[E]ither spouse has a claim for loss of consortium shown to arise from a personal injury to the other spouse caused by the negligence of a third person. . . ." Hopson v. St. Mary's Hospital,176 Conn. 485, 496 (1979) (underlining added). Emotional distress or mental anguish has been held to be a type of personal injury. Kilduff v. Adams, Inc., 219 Conn. 314, 337 (1991). While the instant cause of action is not founded on negligence, recognition of a tort claim for wrongful discharge finds support in our law. Sheets v. Teddy's Frosted Foods, Inc., 179 Conn. 471,480 (1980). In the view of this court, there seems no sound reason why a claim for loss of consortium should be denied in the face of such tortious misconduct, as alleged, notwithstanding the absence of a negligence connector. Cf. Krosky v. Bushnell Towers Condo, 7 CSCR 1257, 1258 (1992).

GAFFNEY, J. CT Page 3633

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1994 Conn. Super. Ct. 3632, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mendillo-v-board-of-education-no-70411-s-apr-13-1994-connsuperct-1994.

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