· 11/30/1990
Meerbrey v. Marshall Field & Co.
Citations
- 564 N.E.2d 1222
- 139 Ill. 2d 455
- 151 Ill. Dec. 560
- 1990 Ill. LEXIS 152
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that the Compensation Act’s exclusivity provisions precluded employee, who suffered emotional distress as a consequence of false imprisonment, false arrest, or malicious prosecution in the workplace, from suing for civil damages against his former employer
- noting that lack of probable cause is an element of malicious prosecution and false imprisonment claims
- stating that intentional torts committed upon an employee by a co-employee are considered “accidental” from an employer’s viewpoint, where the employer did not direct or authorize the co-employee to commit the tort
- considering whether a plaintiff that brought an intentional tort claim rather than a negligence claim can do so. The court held that the exclusive remedy provisions of the IWCA do not bar employees from bringing intentional tort claims against employees for injuries
- “management’s knowledge coupled with lack of follow-up action is equivalent to express authorization of injurious conduct”
- IWCA’s exclusivity provisions bar employees from bringing common law actions against their employers based solely upon the doctrine of respondeat superior
Source: CourtListener parenthetical corpus (CC0).
Judges: Ward
Read full opinion on CourtListenerSourced 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.