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Clohessy v. Bachelor

Supreme Court of Connecticut
675 A.2d 852 (1996)


Facts

In March 1993, Brendan Clohessy was walking within a marked crosswalk with his brother, Liam Clohessy (plaintiff), and his mother, Mary Clohessy (plaintiff). Brendan was seven years old at the time. While walking within the crosswalk, Brendan was struck in the head by the side-view mirror of a vehicle operated by Kenneth Bachelor (defendant). Liam and Mary witnessed the impact and attempted to support and comfort Brendan as he experienced pain and suffering. The blow was fatal, and Mary and Liam suffered serious mental injuries and shock due to the event. Mary and Liam brought a civil suit against Bachelor to recover for their injuries, including a claim based on emotional distress suffered as a result of witnessing the harm inflicted upon Brendan. The trial court granted Bachelor’s motion to strike the claim. Liam and Mary appealed.

Rule of Law

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Issue

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Holding and Reasoning (Berdon, J.)

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  • A "yes" or "no" answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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