CASSIDY v. SMITH

No. 88CA1754.

817 P.2d 555 (1991)

Lynn K. CASSIDY and Susan K. Ball, Plaintiffs-Appellants, v. Earl Dean SMITH, Defendant-Appellee.

Colorado Court of Appeals, Div. II.

Rehearing Denied May 16, 1991.

Certiorari Denied September 16, 1991.


Attorney(s) appearing for the Case

Kavanaugh, Celeste and de Stigter, Alice M. de Stigter, Charles Welton & Associates, P.C., Charles Welton, Denver, for plaintiffs-appellants.

Long & Jaudon, P.C., Frederick W. Long, Denver, for defendant-appellee.

Cathryn L. Hazouri, Denver, Sarah E. Burns, Sally F. Goldfarb, Lynn Hecht Schafran, New York City, for amici curiae NOW Legal Defense and Educ. Fund, American Ass'n for Marriage and Family Therapy, American Civil Liberties Union Foundation of Colorado, Ass'n for Women in Psychology, Colorado Ass'n for Sex Therapy, Colorado Coalition Against Sexual Assault, Colorado Dist. Attys. Council, Colorado Organization for Victim Assistance, Denver Victim Assistance and Law Enforcement Bd., Ending Violence Effectively, Inc., Equal Rights Advocates, Massachusetts Soc. for the Prevention of Cruelty to Children, Natl. Ass'n of Social Workers, Natl. Coalition Against Domestic Violence, Natl. Organization for Victim Assistance, Inc., Natl. Victim Center, Natl. Women's Health Network, Northwest Women's Law Center, Project Safeguard, Rape Assistance and Awareness Program, Trial Lawyers for Public Justice, Women's Action Alliance, Women's Equal Rights Legal Defense and Educ. Fund, and Women's Legal Defense Fund.


Opinion by Judge SMITH.

Plaintiffs, Lynn K. Cassidy and Susan K. Ball, appeal the summary judgment, based on a C.R.C.P. 12(b) motion, dismissing their claims for outrageous conduct, negligence, and negligent infliction of emotional distress and imposing sanctions on plaintiffs' counsel to pay the costs and attorney fees incurred by defendant. We reverse in part and affirm in part.

The basis of plaintiffs' complaint was that defendant, a trusted family advisor...

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