McCarthy v. Town of Hamilton

The plaintiff Donna McCarthy (“Mrs. McCarthy”), the wife of Paul McCarthy (“decedent”), has filed a wrongful death against the Town of Hamilton (“Hamilton” or the “town”) and raises claims individually and as the representative of her minor children. The complaint alleges negligence, gross negligence, willful, wanton or reckless conduct, negligent infliction of emotional distress, and willful, wanton or reckless infliction of emotional stress. The town now moves for summary judgment on all counts of plaintiffs’ complaint. For the reasons set forth below, the town’s motion is DENIED in part…