Cassidy v. Smith

Opinion by

Judge SMITH.

Plaintiffs, Lynn K. Cassidy and Susan K. Ball, appeal the summary judgment, based on a C.R.C.P. 12(b) motion, dismissing their claims for outrageous conduct, negligence, and negligent infliction of emotional distress and imposing sanctions on plaintiffs’ counsel to pay the costs and attorney fees incurred by defendant. We reverse in part and affirm in part.

The basis of plaintiffs’ complaint was that defendant, a trusted family advisor and their “surrogate father,” sexually abused them during their childhood. This abuse allegedly consisted of defendant engaging in sexual…