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DiMichele v. Perrella

2011 WL 1026184 (2011)

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DiMichele v. Perrella

Connecticut Superior Court
2011 WL 1026184 (2011)

Facts

David DiMichele (plaintiff) was married to Josinette DiMichele in 1994, and the couple had two daughters, one in 1996 and one in 1998. When the children were born, David DiMichele was present and was listed as the father of each child on the birth certificates. David DiMichele alleged that prior to April 2007, Gary Perrella (defendant) regularly visited with the two children and Josinette DiMichele. When the children started asking why they were visiting with Perrella and why David DiMichele did not know about the visits, Josinette DiMichele stopped the visits. As a result, Perrella filed a motion for custody and visitation in family court in April 2007, and David DiMichele discovered that Perrella was the biological father of the two children. DiMichele filed a lawsuit against Perrella alleging fraud, intentional and negligent infliction of emotional distress, and unjust enrichment. Perrella filed a motion to dismiss, arguing that he owed no legal duty to disclose the truth of the children’s paternity to DiMichele.

Rule of Law

Issue

Holding and Reasoning (Trombley, J.)

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Casebooks

Family Law

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