No. CV 05-4007717
April 26, 2006
MEMORANDUM OF DECISION ON MOTION TO STRIKE
This case arises from an alleged failure of a surveyor to disclose an easement on property located at 3051 Albany Avenue, West Hartford. The surveyor was engaged by Elena Ritoli-McGurgan, the prospective owner of the property, and the plaintiff in a separate action against the surveyor based on the same incident (CV 04005296) now consolidated with this case. The plaintiffs in this action are Elena Lee Bevilacqua and Richard Bevilacqua, daughter and son-in-law of Elena Ritoli-McGurgan, who claim separate damages as third-party beneficiaries.
After a series of revised complaints followed by motions to strike, none of which were heard, the plaintiff filed a third amended complaint on July 20, 2005 containing six counts which is now addressed by defendant's current motion to strike all six counts, dated August 3, 2005.
Counts one and two, sounding in breach of contract and alleging that plaintiffs were intended to be beneficiaries of the contract is insufficient because such claims by alleged third-party beneficiaries do not lie against a surveyor performing services for another person. Coburn v. Lenox Homes, 173 Conn. 567 (1977).
Counts three and four, alleging negligence are insufficient because they fail to allege or claim that defendants owed these plaintiffs any duty of care.
Counts five and six, alleging negligent infliction of emotional distress are insufficient because such an action for emotional damages cannot be predicated on a claimed damage to property, let alone property not owned or to be acquired by plaintiffs. Furthermore, the alleged actions of defendants are neither extreme or outrageous.
Further, see this court's decision dated November 18, 2005, on Motion to Strike in consolidated case, CV 4005296, dated August 2, 2005.
Motion to strike all six counts is granted.