Bresnahan v. McAuliffe

This appeal raises the issue whether summary *279judgment was correctly entered on the plaintiffs’ complaint alleging the negligent and intentional infliction of emotional distress by reason of the manner in which the defendants provided funeral and burial services for the plaintiffs’ stillborn son.4 In seeking summary judgment pursuant to Mass.R.Civ.P. 56, 365 Mass. 824 (1974), the defendants argued that the plaintiffs had failed to show a reasonable expectation of proving an essential element of their case, see Kourouvacilis v. General Motors Corp., 410 Mass. 706, 716 (1991), that is, evidence…