DUNNELL, JUDGE.
Defendant's motion for summary judgment as to counts six and seven were decided at oral argument. The court reserved decision as to counts eight and nine.
Plaintiff Zarella brings this claim against defendant union for breach of the duty of fair representation. In counts eight and nine, plaintiff seeks damages for negligent infliction of emotional distress.
Even if the court were to agree with plaintiff that there may be cases in which a claim for negligent infliction of emotional distress against a union may be appropriate: see e.g., Lucas v. Milford Police Union, Superior Court, Judicial District of Ansonia-Milford at Milford, Docket No. CV99-0068796S (February 13, 2001, Arnold, J.) ( 29 Conn.L.Rptr. 233); this is not such a case. In Lucas v. Milford Police Union, supra, a case cited by plaintiff, the court denied a defendant union's motion to dismiss a claim of severe emotional distress. In that case the plaintiff alleged that the union's president and vice president falsely and maliciously accused the plaintiff of theft for the purposes of injuring the plaintiff in her employment. The court stated: "The factual allegations, wherein the defendant is the plaintiff's accuser, are significantly different from a situation where a union does not effectively represent a member in the member's dealings with the employer."
The case before the court is distinguished from Lucas v. Milford Police Union, supra. In the present case, the negligent infliction of emotional distress count incorporates and relies on the factual allegations of the claim for breach of the duty of fair representation. There are no additional factual allegations included as part of the claim for negligent infliction of emotional distress. Unlike the situation Lucas v. Milford Police Union, supra, the emotional distress claims here are based on nothing more than the allegation that the defendant union has CT Page 6489 not effectively represented the plaintiff union member.
Accordingly, the motion for summary judgment is granted as to counts eight and nine.
Dunnell, J. CT Page 6490