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· 6/26/2001

Fred Honaker v. Gary Smith, Mayor, Individually and as Mayor of the Village of Lovington and as Fire Chief of the Lovington Fire Department

Citations

  • 256 F.3d 477
  • 2001 U.S. App. LEXIS 14249
  • 2000 WL 33357195

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • noting that Illinois courts have tended to merge the conduct and distress elements of IIED such that the more severe the conduct, the less proof of severe distress required
  • noting that Illinois courts -9- 2023 IL App (2d) 220197 have tended to merge the conduct and distress elements of intentional infliction of emotional distress such that the more severe the conduct, the less proof of severe distress required
  • burning down the plaintiff’s home poses an obvious risk of emotional distress
  • “An additional consideration in determining whether extreme and outrageous behavior exists is whether the plaintiff is particularly susceptible to emotional distress … .”
  • tort of intentional infliction of emotional distress is judged on an objective standard of what is “intolerable in a civilized community”
  • “Illinois courts have been more inclined to characterize [ ] emotional distress as severe” where it has manifested “either through physical symptoms or has necessitated medical treatment”

Source: CourtListener parenthetical corpus (CC0).

Judges: Evans, Flaum, Ripple

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.