· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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