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DAY v. HELLER

No. S-00-928.

653 N.W.2d 475 (2002)

264 Neb. 934

Robert E. DAY, Jr., Appellant, v. Robin E. HELLER, Appellee.

Supreme Court of Nebraska.

November 22, 2002.

Attorney(s) appearing for the Case

John W. Ballew, Jr., of Ballew, Schneider & Covalt, for appellant.

Robert F. Peterson and Mark L. Laughlin, of Laughlin, Peterson & Lang, Omaha, for appellee.

HENDRY, C.J., and WRIGHT, CONNOLLY, GERRARD, STEPHAN, McCORMACK, and MILLER-LERMAN, JJ.

CONNOLLY, J.

This appeal presents the question whether we will recognize a tort or assumpsit cause of action against a mother for her misrepresentation of biological fatherhood. Robert E. Day, Jr., alleges that for 12 years, his former wife, Robin E. Heller, represented that Robert was the biological father of a child born during their marriage. Robert now seeks damages for fraud, assumpsit, and intentional infliction of emotional distress. The district court entered...

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