Burger

This is an appeal from a summary judgment entered against Cindy Burger, plaintiff and appellant (plaintiff), on her seventh cause of action for negligent infliction of emotional distress against defendant and respondent, Guy Pond (Pond). Plaintiff and her husband, Kenneth Burger, filed an action against Pond (and two other attorneys who eventually obtained dismissals) based upon Pond’s alleged negligent handling of Kenneth’s divorce from his first wife, Irene. In the complaint, plaintiff alleged that Pond knew, at the time Kenneth Burger retained him, that plaintiff and Kenneth Burger intended to marry and have children as soon as Kenneth Burger’s first marriage was legally dissolved, and, as a result of the negligence of Pond, the dissolution of Kenneth Burger’s first marriage was set aside after Kenneth and plaintiff had married and had a child together, causing plaintiff to suffer extreme emotional distress. In our view, the trial court correctly concluded, as a matter of law, that Pond, as Kenneth Burger’s attorney, was not liable to plaintiff for alleged negligent performance of his professional duties. We shall affirm the judgment, accordingly.

Summary of Trial…