CLOHESSY V. BACHELOR
675 A.2d 852 (1996)
NATURE OF THE CASE: Clohessy (P) appealed an order that granted Bachelor's (D) motion to
strike the third count of Ps' complaint alleging negligent infliction of emotional distress
in an action to recover damages for the wrongful death of P's minor son.
FACTS: Brendan, a seven-year-old child, left St. Mary's Church on Hillhouse Avenue in New
Haven with his mother, and his brother, and attempted to cross Hillhouse Avenue at the
inter-section of Trumbull Street within a marked crosswalk. Liam was immediately to the
right of his mother and Brendan was immediately to her left. D was operating an automobile
on Trumbull Street at excessive speed when the exterior side view mirror of his vehicle
struck Brendan's head, hurling Brendan onto the road. Both Mary and Liam witnessed the
impact and went to Brendan's assistance, holding him as he experienced pain and suffering
from his fatal head injuries. They suffered serious injuries as a result of the emotional
shock and mental anguish of witnessing the accident that eventually led to Brendan's death.
Mary and her son Liam respectively, the mother and brother of the decedent, Brendan, sought
damages for the severe emotional distress they allegedly suffered as a result of observing
an automobile operated by Bachelor (D) strike Brendan, resulting in Brendan's death. After
the trial court granted D's motion to strike the emotional distress claim on the ground that
it failed to state a cause of action, judgment was rendered against Ps on that count. Ps
appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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