Pizzochero v. Vergados

The issue on this appeal is whether recovery may be had on a claim for negligent infliction of emotional distress that is based solely on evidence that the plaintiff suffered from frequent headaches and nausea for which he did not seek medical treatment.

Plaintiffs Alex Pizzochero and Maggie Pizzochero purchased a house, equipped with a new septic system, from defendants Nicholas and Constance Vergados. After the plaintiffs moved into the house, they detected a foul odor and observed waste water in the basement. They brought this action to recover for the defendants’ alleged misrepresentation,…