Aaronson v. Healthcare, Inc., No. 25 04 26 (Nov. 5, 1990)
Opinion of the Court
This matter was the subject of an earlier Motion for Summary Judgment which was decided by Cretella, J. (Memorandum of Decision #156).
The defendant now moves for reconsideration of its earlier Motion for Summary Judgment in part because the court did not specifically address its claim relative to the Second Count of the Complaint (Intentional infliction of emotional distress).
The defendant's position in substance is that said count does not furnish a basis of recovery as a matter of law and hence it is entitled to judgment in its favor on this issue.
Summary judgment is a fact oriented procedural vehicle.
Summary judgment is proper when there is no genuine issue as to any material fact, and the moving party is entitled to judgment as a matter of law. United Oil Co. v. Urban Redevelopment Comm.,
Summary judgment is particularly inappropriate where the inferences which the parties seek to have drawn deal with questions of . . . subjective feelings and reactions. Batick v. Seymour,
The questions of whether the plaintiff's emotional distress was severe, and whether the defendant's conduct was extreme and outrageous are genuine issues of material fact.
Motion for Summary Judgment is denied. Objection to Motion for Summary Judgment is sustained.
John C. Flanagan, Judge.
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