Please E-mail suggested additions, comments and/or corrections to Kent@MoreLaw.Com.
Help support the publication of case reports on MoreLaw
Date: 07-05-2024
Case Style:
Andrew Slabon v. Philip Ladisa
Case Number: 23 L 1943
Judge: Kathy M. Flanagan
Court: Circuit Court, Cook County, Illinois
Plaintiff's Attorney:
Defendant's Attorney:
Description:
Chicago, Illinois personal injury lawyer represented the Plaintiff who sued on intentional infliction of emotional distress theory.
Plaintiff also claimed defendant was stalking "young women [ sic ] tenants" residing in a nearby property that defendant "claims he 'manages.'" Plaintiff stated that while defendant claimed he was maintaining his property, defendant was actually remaining in his vehicle for several minutes, several times a day. Plaintiff alleged that defendant installed a security camera that was high enough to record the inside of plaintiff's bedroom. Plaintiff had installed a security system, which allegedly captured "100 videos" of defendant near plaintiff's residence. Plaintiff's cameras captured defendant trespassing onto plaintiff's property with a young woman at late night hours and, on two separate occasions, exiting his vehicle "with clearly impaired movement indicative [of] intoxication." He alleged that defendant was "uninhibitated [ sic ] and out of control" and an "openly admitted sexual deviant," who admitted to being terminated from employment with a hospital due to a" 'bogus sexual harassment claim made by a w***e.' "...
"Generally, to state a claim for negligent infliction of emotional distress, a plaintiff must allege the traditional elements of negligence: duty, breach, causation, and damages." Schweihs v. Chase Home Finance, LLC, 2016 IL 120041, ¶ 31. The requirements for stating such a claim depends on whether the plaintiff is a bystander or a direct victim. Benton v. Little League Baseball, Inc., 2020 IL App (1st) 190549, ¶ 76.
Under the "impact rule," a plaintiff who is a direct victim may recover damages if the plaintiff "suffered (1) emotional distress and (2) a contemporaneous physical injury or impact." (Internal quotation marks omitted.) Schweihs, 2016 IL 120041, ¶ 31. Under the "zone-of-physical-danger rule," "a bystander who is in a zone of physical danger and who, because of the defendant's negligence, has reasonable fear for his own safety is given a right of action for physical injury or illness resulting from emotional distress." (Internal quotation marks omitted.) Id. ¶ 32. The bystander "must have been in such proximity to the accident in which the direct victim was physically injured that there was a high risk to him of physical impact." (Internal quotation marks omitted.) Id.
Slabon v. Ladisa, 2024 IL App (1st) 230757U, 1-23-0757 (Ill. App. Jul 03, 2024)
Outcome: On May 2, 2023, the circuit court entered an order granting plaintiff's motion to withdraw his motion to vacate.
Affiemed
Plaintiff's Experts:
Defendant's Experts:
Comments: