Haddad v. Gonzalez, 576 N.E.2d 658 (1991)

Citation: Haddad v. Gonzalez, 576 N.E.2d 658 (1991) 2.
Parent Document: Haddad v. Gonzalez, 576 N.E.2d 658 (1991)
Jurisdiction: Massachusetts (state)
Effective Date: 1991-08-12
Original Source: https://www.courtlistener.com/opinion/2013415/haddad-v-gonzalez/ ↗

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2. Recovery for intentional infliction of emotional distress under G.L.c. 93A, § 9. Prior to 1979, G.L.c. 93A, § 9 (1), provided in relevant part: "Any person who purchases or leases goods, services or property, real or personal, primarily for personal, family or household purposes and thereby suffers any loss of money or property ... as a result of ... an unfair or deceptive act or practice ... may ... bring an action ... for damages." In a case arising under this provision, we held that a trial judge had correctly dismissed claims based on allegations of severe emotional distress, where there was no loss of money or property. See Baldassari v. Public Fin. Trust, 369 Mass. 33, 44-46 (1975). Accord Wolfberg v. Hunter, 385 Mass. 390, 396-397 (1982). Our decision in Baldassari was compelled by the language of § 9, requiring a "loss of money or property," but we acknowledged that the plaintiffs had alleged clear, serious, nonvicarious[10] violations of c. 93A, and that our disposition of the case was not entirely satisfactory. See 369 Mass. at 34, 44-46.

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