Pierce v. Washington Metropolitan Area Transit Authority, No. 8:2009cv01917 - Document 19 (D. Md. 2009)
Court Description: MEMORANDUM OPINION. Signed by Judge Deborah K. Chasanow on 10/5/09. (sat, Chambers)
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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND : TINA PIERCE : v. : Civil Action No. DKC 09-1917 : WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY : MEMORANDUM OPINION Defendant filed a partial motion to dismiss, contending that the apparent claim for emotional distress damages on behalf of Tina Pierce, individually, should be dismissed because Maryland does not recognize a cause of action for negligent infliction of emotional distress. Plaintiff responds that she did not intend to bring such a claim and the court may grant the motion. Plaintiff has sued as parent and next friend of T.S.S. and on her own behalf, individually. seeks $714,818.00 in damages, due For T.S.S., the complaint to the physical resulting in medical expenses and pain and suffering. injury On her own behalf, Plaintiff seeks $75,000, for time lost from work and mental anguish suffered from having to observe her daughter in pain. She also states that she has incurred medical expenses on behalf of her child. Plaintiff concedes that she does not assert a claim for negligent infliction of emotional distress. Accordingly, the motion to dismiss will be granted. /s/ DEBORAH K. CHASANOW United States District Judge 2
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