Rogolifoi ex rel. Rogolifoi v. Taisacan

ORDER

Plaintiffs' second cause of action in the complaint alleges in substance that he is the father of a seven year old daughter who was physically and sexually assaulted by the defendant. As a result, the plaintiff alleges he suffered anguish, pain, and grief and claims compensatory and punitive damages. There are no allegations that the plaintiff saw the assault, as to when he found out about it, or if bodily harm occurred to the plaintiff.

The defendant, pursuant to Com,R.Civ.P. 12, asks for judgment on the pleadings since, it is asserted, the plaintiff has failed to state facts sufficient…