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Plaintiff argues that DeStefanis was reckless in repeating
that her daughter was dead after he saw that she was upset and
shaking, but her deposition testimony indicates that the
repetition was in response to her saying she did not understand.
The evidence does not allow an inference that DeStefanis
intentionally repeated the comments either with intent to harm
plaintiff or with deliberate disregard of that risk.
In sum, we conclude, as did the trial court, that the
evidence, while troubling and naturally invoking sympathy for
plaintiff, is not sufficient to support a cause of action for
intentional infliction of emotional distress.
Affirmed.
18
A-2216-10T2