Duffy v. Orlan Brook Condominium Owners' Association

Illinois Appellate Court
Civil Court
Citation
Case Number: 
2012 IL App (1st) 113577
Decision Date: 
November 30, 2012
District: 
1st Dist.
Division/County: 
Cook Co., 6th Div.
Justice: 
LAMPKIN
Holding: 
Affirmed in part and reversed in part; remanded.
Plaintiff condo owner filed suit against condo association for damage to condo allegedly resulting from its failure to make needed repairs to common elements. Plaintiff sufficiently pled existence of damages proximately cause by breach of fiduciary duties. Breach of fiduciary duty is a form of constructive fraud. As allegations of Defendant's conduct were no so extreme and outrageous, Plaintiff cannot establish she suffered severe emotional distress merely in reliance on those allegations. (HALL and GARCIA, concurring.)