Clohessy v. Bachelor

675 A.2d 852 (1996)

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Nature of the Case

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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 intersection 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.