Legal Opinion

Banasczek v. Kowalski

Pennsylvania Court of Common Pleas, Luzerne County

Decided January 30, 1979No. 9009 of 1978Published

1Opinion of the Court

OLSZEWSKI, J.,

— Edward Banasczek (plaintiff) instituted an action in trespass against William Kowalski (defendant) for money damages resulting from the alleged shooting of two of plaintiff s dogs. Preliminary objections in the form of a motion for more specific pleading and demurrer were filed on behalf of defendant to plaintiffs complaint.

Count II of the preliminary objections is in the nature of a demurrer. In support of the demurrer, defendant claims that there is no basis in Pennsylvania law for compensation for emotional distress and mental anguish to plaintiff as a result of the loss of…

2Cases cited8 opinions

  1. PAPIEVES Et Ux. v. KellySupreme Court of Pennsylvania · 1970
  2. Jones v. Nissenbaum, Rudolph & SeidnerSuperior Court of Pennsylvania · 1976
  3. Forster v. ManchesterSupreme Court of Pennsylvania · 1963
  4. Cucinotti v. OrtmannSupreme Court of Pennsylvania · 1960
  5. La Porte v. Associated Independents, Inc.Supreme Court of Florida · 1964

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