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PERSONAL INJURY LAW: Superior Court holds that claim for intentional infliction of emotional distress was not stated based upon prevention of relative from visiting hospital patient

PERSONAL INJURY LAW: Superior Court Holds That Claim For Intentional Infliction Of Emotional Distress Was Not Stated Based Upon Prevention Of Relative From Visiting Hospital Patient

Superior Court holds that allegations that a private hospital barred a relative from visiting a patient with brain cancer were not sufficient to allege extreme and outrageous conduct as required to establish a claim for intentional infliction of emotional distress.  The hospital allegedly barred the plaintiff from seeing her brother, who was hospitalized with brain cancer.

The court noted that there were no allegations that the plaintiff was excluded on the basis of race, color, national origin, religion, sex, gender identity, sexual orientation or disability.  The court held that the plaintiff therefore failed to state a claim upon which relief could be granted for intentional infliction of emotional distress.  The court also held that the allegations did not state a claim for negligent infliction of emotional distress since there was no factual basis for a claim of an unreasonable risk of causing emotional distress as required to state such a claim.

DeVito v. Yale-New Haven Hospital, CV15-6053915 (Conn.Super. Blue, J.)(Nov. 23, 2015)