Mortgage lender obtained judgment of foreclosure in May 2010; Plaintiff homeowner had the right to possession of her home until redemption period expired in August 2010. Lender contracted with outside companies to do property inspections and preservation services, whose local vendor employees entered home and removed one lock, while Plaintiff was inside house and without her permission or prior knowledge. Plaintiff filed suit alleging trespass, private nuisance, and negligent and intentional infliction of emotional distress, and negligence. A direct victim's claims for negligent infliction of emotional distress must include allegation of contemporaneous physical injury or impact. Conduct of vendor employees was not extreme or outrageous, and not sufficient for intentional infliction of emotional distress.(KARMEIER, THOMAS, KILBRIDE, BURKE, and THEIS, concurring; GARMAN, specially concurring.)
Illinois Supreme Court
Civil Court
Intentional Infliction of Emotional Distress