Pierce v. Washington Metropolitan Area Transit Authority

Filing 19

MEMORANDUM OPINION. Signed by Judge Deborah K. Chasanow on 10/5/09. (sat, Chambers)

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND TINA PIERCE v. WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY : : : : : Civil Action No. DKC 09-1917

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 injury On her

resulting in medical expenses and pain and suffering.

own behalf, Plaintiff seeks $75,000, for time lost from work and mental anguish suffered from having to observe her daughter in

pain. behalf

She also states that she has incurred medical expenses on 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

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